cost of war Essay -- essays research papers fc

     The all out expense of the war in Iraq is presently over 161 billion dollars is as yet rising. That is a mind blowing measure of cash that is being advanced to battle a progressing war against guerillas in Iraq. This cash might be put toward finding an answer for some of America’s progressively close to home issues, for example, the declining measure of government cash in schools, the expanding number of individuals being determined to have AIDS, and the expanding neediness level. Putting cash towards discovering answers for these issues would make America a superior spot to live.      Many schools are being shut during each time because of the absence of cash being placed into those schools. A portion of the cash spent on the war could be distributed for these schools so as to keep them open. For instance, after the Board of Education reported that thirty-four state funded schools would close by the following fall the official VP, Virginia Cantrell, of the Detroit Federation of Teachers stated, â€Å"We are in a crisis† (Rummel standard 2). Cantrell said the loss of the greater part of the city’s populace in the previous thirty years and the development of contract schools leaves less understudies in the state funded educational system (Rummel standard 2). Notwithstanding keeping the schools open, the cash would likewise help stop different issues, for example, the absence of educators and poor instructor understudy proportions. In November of 2000, understudies at Guy Benjamin Elementary School were sent home after the instructors who showed up left(McCracken standard 1). The school shut down at 11:30 when the chief had just three staff individuals staying to regulate in excess of 100 understudies (McCracken standard 2). The educators were striking a result of insufficient compensation. The Territorial Court Judge finished the multi week strike by requesting the instructors to return to work (McCracken standard 3). The cash utilized for the war could be apportioned to pay instructors more cash to keep the individuals who as of now are educators and as a motivator to get more individuals to become instructors. This would dispose of the issue of individuals not having any desire to become instructors exclusively in light of the fact that educators don't bring in enough cash. Moreover, the cash could be utilized to purchase required supplies. Numerous schools don't have adequate measures of books or PCs, assuming any, that are in acceptable condition. The cash could likewise be utilized to redesign old schools that are in rough shape. Stu... ... for example, the financial plan and government disability could profit by cash utilized for the war in Iraq. Giving cash to taking care of these issues would help take care of these issues as well as would affect America’s by and large prosperity. Most importantly there is a huge measure of cash being utilized to battle this war and if the cash was utilized all the more proficiently, it couldn't just be utilized for the war yet additionally be utilized for the wars that Americans at present fight regularly at home. Works Cited Jeanie Lerche Davis. â€Å"CDC: HIV/AIDS Statistics Up in America†. WebMDHealth. 28 July, 2003. WebMD. 14 April 2005. McCracken, David. â€Å"Benjamin School closes for absence of teachers†. World History Documents. 8 November 2000. Hartford Web Publishing. 14 April 2005. . Rummel John. â€Å"‘Devastating’ school closings hit Detroit†. People’s Weekly World. 14 April 2005. People’s Weekly World Newspaper. 14 April 2005. . Siddiqi, Samana. â€Å"Statistics on neediness and food wastage in America†. SoundVision.com. 26 April 2004. Islamic Information and Products. 14 April 2005. . â€Å"The War in Iraq Costs†. Cost of War. April, 2003. National Priorities Project. 14 April 2005. .

Political parties Personal Statement Example | Topics and Well Written Essays - 250 words

Ideological groups - Personal Statement Example The individual in question accomplishes this by concocting an impasse which makes war between the ideological groups. Ideological groups in U.S are separated into two. First are the conventionalists or republicans who are mollified with how things are. Also are the progressives or the democrats who have faith in pushing the general public ahead. The two gatherings put stock in various belief systems. Along these lines, the washout meets their political eagerness by clutching the gathering philosophy, in this manner compelling different individuals to cast a ballot against a specific movement in parliament. This gets hard for the administration to meet its goal viably, living the residents unattended. As a state, Americans need to understand that conventionalists and the progressives have sees that will never supplement one another. In view of this, they ought not permit the failures belief systems to bring down what they decided in favor of all together for the administration to convey its vows to

Fear of the Number 13 in Our Culture

Fear of the Number 13 in Our Culture Phobias Types Print Triskaidekaphobia or Fear of the Number 13 By Lisa Fritscher Lisa Fritscher is a freelance writer and editor with a deep interest in phobias and other mental health topics. Learn about our editorial policy Lisa Fritscher Updated on January 24, 2020 Nikolai Mitov / EyeEm / Getty Images More in Phobias Types Causes Symptoms and Diagnosis Treatment Triskaidekaphobia, or fear of the number 13, does not fit neatly into a clinical definition of a specific phobia. The number 13 is not an object or a situation, and it can be impossible for the sufferer to avoid. Moreover, in order for a phobia to be diagnosed, it must significantly impact the sufferers life. Most people with triskaidekaphobia find that their fear only arises in certain situations, and does not significantly impair their lives. But could this phobia just be linked to superstition?   Experts have long debated the scientific validity of triskaidekaphobia. Some feel that it should be classified as superstition or even taken as a sign of magical thinking, which in conjunction with other symptoms, could point to a delusional disorder. Origins   Regardless of its scientific classification, triskaidekaphobia is an age-old and pervasive fear. It is commonly linked to the early Christians, as the number 13 appears in certain Biblical traditions. For example, there were 13 people present at the Last Supper, Jesus and his 12 Apostles. Some say that betrayer Judas was the 13th to join the table. This may be the origin of the superstition that states that when 13 dine; one will die within the year. However, the number 13 is also presented positively in the Bible. For example, the book of Exodus speaks of the 13 attributes of God, so this association is unfounded, despite the persistent correlation being made. Additionally, evidence for this phobia can be found in some pre-Christian traditions. For example, in Viking mythology, Loki is believed to be the 13th god. He is also said to have intruded on the Banquet of Valhalla, to which 12 gods were invited. The god Baldr was soon killed accidentally by his brother, using a spear given to him by Loki. The oldest known reference to the fear of the number 13 can be found in the Mesopotamian Code of Hammurabi, a Babylonian code of law that dates to approximately 1760 BC. The laws are numbered, but number 13 is omitted (along with numbers 66 through 99). Therefore, it is possible that triskaidekaphobia was widespread even among the ancient peoples. Modern Culture Today, triskaidekaphobia is widely accepted among Western cultures. Most Western hotels omit the 13th floor. Many airlines omit the 13th row in seating. Even some cities and towns skip over 13th Street. Friday the 13th is considered a particularly unlucky day and there has been a movie franchise that has profited from the superstition surrounding it. Fear of Friday the 13th is known as paraskevidekatriaphobia. The origins of this fear are unknown but may be connected to the arrest of the Knights Templar on Friday, October 13, 1307. Many cultures have traditions of unlucky numbers other than 13. These beliefs, like our fear of 13, are typically rooted in ancient events that were somehow connected with the number in question. Regardless of its scientific classification, triskaidekaphobia is a very real fear for many people and a folklore legend to others. It appears to be an ancient and widespread phobia whose origins may never be fully understood.

Personal Views On Philosophy And Philosophy - 893 Words

Eight weeks ago, I was one who internally had developed specific views of my individuality and what it meant to be human through personal life experiences. I never put much thought into ideology or views that have shaped our world into what it is today. This class, not only through readings and interactions has enlightened me into being a more rounded human being. It has added an intellectual viewpoint that has changed my way of thinking throughout daily life interactions. I am humbled to admit exactly how naà ¯ve my personal viewpoints have set me back. I would like to interject on this feeling, that I am also proud of the fact, I was able to find value and substance in some of my personal viewpoints and the way I approach opinions through rational and logic. Philosophy is a powerful and life altering academia, challenging the mind, and creating substance of life, defining what it means intuitively to each, specifically between law and morality or how we shall view right from wrong . First, when I examine Aristotle, and formed distinctions between practical knowledge and theoretical knowledge, based on what eudaimonia means to me, it was very confusing. I realized that happiness brought about different feelings and moral convictions not only from me but unexpected viewpoints from others. Memory finds its meaning, in large part, through key concepts with which it is paired and from which it is distinguished (J. Blustein 178). It has brought about unanswered questions that stillShow MoreRelatedPersonal Views On Music Therapy Philosophies1816 Words   |  8 PagesPersonal Views on Music Therapy Philosophies There are many different views and approaches used in therapy and in society in general. These views include: cognitive, behavioral, cognitive-behavioral, psychodynamic, biological, and humanistic (Comer, 2014). Some of the approaches used include the Orff approach, Dalcroze approach, Kodaly approach, Bonny Method of Guided Imagery and Music, and Nordoff-Robbins approach (Darrow, 2008). Darrow explained the different philosophies, populations, andRead MoreNursing : Health Cooperation, And Personal Philosophy Of Nursing Care1339 Words   |  6 PagesVincennes University, St. Mary’s Health Cooperation, and Personal: Philosophy of Nursing Care Introduction Nursing philosophies are used by many institutions and places of employment. It is important that student nurses and nurses read and gain knowledge from their facilities nursing philosophy. Philosophies give the nurse a guideline of how their facility defines the aspects of nursing and what is expected of them as nurses of that facility. It is essential for nurses to go back after they haveRead MoreWhat Is Philosophy And Why Should Anyone Study It?987 Words   |  4 PagesWhat is philosophy and why should anyone study it? 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Nursing not only involves treating an illness, but it also provides quality patient-centered care. MyRead MoreCritical Pedagogy: The Study of Oppression in Education855 Words   |  4 Pageschallenge questions that are asked in a free manner. When thinking of critical pedagogy, one must think of going beyond the first level of the meaning of a word, topic, or issue. When it comes to social philosophy and its place in curricula, I feel that it does have a place. The social views of people in today’s society have a major influence of what is place within a curriculum. Most curriculums are developed based on the needs and some wants of local persons in society. Many businesses sayRead MoreMy Personal Philosophy of Education958 Words   |  4 PagesMy Personal Philosophy of Education It is customary that on New Year’s Eve, we make New Year resolution. The fact is that we are making a set of guideline that we want to live by. These are motives that we seek to achieve. 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In his book  ¨The Will to Believe and Other Essays in Popular Philosophy, William explains different philosophical beliefs while also challenging them and supporting the right to believe in a religion or even life itself. William James style of writing is more Expository mainly due to his explanation of different philosophies/religions but showingRead More Educational Philosophies Essay1574 Words   |  7 Page sEducational Philosophies Many different ideas of the correct educational philosophy exist. Highly acclaimed psychologists and educators developed these varying philosophies. Each of these philosophies have their strengths and weaknesses and have their positives and negatives in different situations. It is our job as educators to sift through this list of philosophies to find our own style and philosophy. We must research the pros and cons of each philosophy and pick and choose which sectionsRead MoreSr. Calista Roy Nursing Theorist Essay1623 Words   |  7 PagesNursing Philosophy and Comparison Paper A Comparison of Personal Philosophy and Sr. Callista Roy’s Adaptation Model September 14, 2011 Nursing Philosophy and Comparison Paper A Comparison of Personal Philosophy and Sr. Callista Roy’s Adaptation Model A personal philosophy is what one values for themselves as human beings. It reflects the many faceted realities of their self-concept and is influenced by: culture, spirituality, morals, values, and belief concepts. The relevance of one’s

I Shall Use Blackburn s `` Think `` - 1578 Words

Initial answer: My initial answer to the question of whether or not we have free will is yes, we do indeed have free will. Philosophical Context: I shall use Blackburn’s â€Å"Think† to discuss my question and initial answer. In Think, Blackburn has a chapter dedicated to discussing the presence of free will and both arguments for and against its presence. Objection 1: In the beginning of chapter 4 of Think, Blackburn brings up the idea of determinism, or the idea that â€Å"every event is the upshot of previous antecedent causes.† His argument goes â€Å"The past controls the present and the future. You can’t control the past. Also, you can’t control the way that the past controls the future. So, you can’t control the present or the future.† This means that every action or event that happens in the present was set in motion by the past and there is nothing that you can do it change it -- the future has already been set. Therefore, there is no free will involved because you are just doing what is a consequence of the past events and cannot be held accountable for your actions. Some may then reference quantum mechanics, as Blackburn does, and say some events â€Å"just happen† as shown in the quantum world. But this then leads to the same conclusion; whether determinism holds or it doesnâ€℠¢t and events just happen, you will lose freedom and responsibility. Response to objection 1: Even though we are not able to control the past, that doesn’t mean that one can’t change the future or be heldShow MoreRelatedEssay on Our Posthuman Future: The Philosophical Implications2960 Words   |  12 PagesIntroduction This essay is about the philosophy of Artificial Intelligence (AI) and it will delve deep into the question of the many philosophical implications of AI. 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Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services or for technical support, please contactRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagespermission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this w ork, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. 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Militarism Free Essays

Introduction Militarism is a policy where a country finds it necessary to have a strong army or defense system in preparation for war. Covert activities are activities which a countries government gets involved in but would like to keep a secret. John Friedman, (2005) Body After the bomb, America greatly glorified militarism because they began to realize that they had a great number of enemies who were willing to do anything to finish her off in terms of war. We will write a custom essay sample on Militarism or any similar topic only for you Order Now The realization that with their current military power at the time their enemies were still able to get to them simply meant that they had to glorify militarism if they were to be assured of a future. John Friedman, (2005) The extent of militarism in our country is so great as evident from the budget allocations of the government of America which give defense such a big consideration. In fact the military of the USA was according to one writer considered to have the strength of the 7 countries ranked behind it combined. The country has the best air defense military in the world. America has also invested greatly in science whereby they sponsor companies to come up with new scientific inventions that make their military even more invincible. The bomb was like an awakening. America also became aggressive military wise as they prepared to take on Iraq in war and even North Korea at the slightest hint of defiance towards anti nuclear weapons. John Friedman, (2005) The issue of militarism should be of concern to all Americans because it means that the country continue to create enemies whom it might not be able to control. As America builds its army, more and more people feel threatened and thus feel provoked even with the slightest suggestion by the American government to any government. In terms of global expansionism, America was able to use its superior military to conquer new grounds for which it could grow its economy as these grounds provided market. Nuclear weapons became a threat after the bomb. Alexander Cockburn, (1999). The main question here being that if our enemies posses these kind of weapons, how can we be assured of safety if they have already shown their willingness to use anything to finish them off. Hence America fought hard to keep the manufacture of these weapons to a minimum. John Friedman, (2005)This campaign was very sincere to the extent that they said Iraq was making nuclear weapons as an excuse for them to invade Iraq. Alexander Cockburn, (1999) America also began to engage in covert activities as they tried their best to look diplomatic while still engaging in their â€Å"war on terror†. This was a necessary action as they did not want to create more enemies with other threats still pending or rather having not been dealt with. America engaged so deeply in this activity that to this day there are still conspiracies that are still not clear as to whether they were of this government. John Friedman, (2005). For example the 911 attacks on the World Trade Center. Some say it was a government conspiracy so as to get a go ahead with their war on Iraq and the war on terror. This was because the rest of the world did not support the Americans’ intentions. Hence the argument that by attacking themselves and blaming it on their enemies, they were able to get their way. One of the most clear covert activities that the United States of America engaged in was that of toppling the government of Iraq and creating a new government that will work by its demands. The USA toppled the governance of Saddam Hussein in Iraq with a claim that the country was harboring Al-Qaeda militia that was perceived to be a threat to the USA. Currently the countries army is trained and maintained by the USA. John Friedman, (2005), Rumors were also widely spread that the Iraqi president Sadam Hussein was planning to have the country working on nuclear energy. In fact, the raid on Iraq may have been mainly centered on this fact. After the raid on Iraq, no nuclear activity was ever found to have taken place in Iraq hence they had to find other excuses as to why they raided the country which included the harboring of the dreaded Al-Qaeda groups that mainly dealt with planning terrorism. This also translates to covert action on the part of USA. John Friedman, (2005) Global expansionism and militarism have played a key role in post- war America in that after a war the countries economy begins to fall sharply. By global expansionism and militarism the country is able to expand the market for its products and in the process creates trade conditions for competing countries. A good case would be the dominance of American products in the African countries where countries are given conditions for loans and protection. In the process global sanctions are created that limit upcoming economies e.g. North Korea, China, India etc. This creates a topic of great concern because with this sanctions, defiance arises e.g. in North Korea, and the result is creation of missiles and nuclear weaponry. This poses a great threat to the people of USA security-wise. Alexander Cockburn, (1999) The CIA has been tactfully used to cause the subversion of political powers. Some examples include: CIA covert activities on Iran, Cuba and Chile include things like information war. It’s better described as a propaganda mission. Iran is mainly being targeted with pro-democracy messages with the hope that the people will at some point create an upraise against the current system of governance so as to get democracy working for them too. In the process the very people America is fighting against will be eliminated without much struggle i.e. by their own hands. Alexander Cockburn, (1999), In other countries the CIA has secretly involved itself with funding organizations such that these organizations slowly form rebellions against their government. These may include political parties, trade unions and business associations, youth and student organizations, groups e.g. women’s groups, civic organizations, religious communities, professional, intellectual and cultural societies, etc. Such rebellions are very handy in toppling governments, dividing and weakening countries. Although they have never quite succeeded in overturning the Fidel Castro regime in Cuba, this has always been their long standing aim. Alexander Cockburn, (1999) Conclusion The American government greatly upholds Militarism as the country has many enemies arising from its policies. It also engages in covert activities to be able to exert its influence on other countries of interest because if this were to come out clearly then it would loose the support of the United Nations and would become a public enemy. William Blum, (1995). References William Blum, (1995), Killing Hope, published by Common Courage Press John Friedman, (2005), The secret histories, published by Picador USA Alexander Cockburn, (1999), Whiteout, published by Verso; New Ed edition How to cite Militarism, Essay examples

There Are Many Major Themes In Sir Gawain And The Green Knight, Some M

There are many major themes in "Sir Gawain and the Green Knight", some more present than others, for instance, honor and pride which lead to manipulation (domination) and finally, the game itself. These are three themes that get the audience interested in the story and give them an appetite for more of the story. Honor and pride play a big part in the game the Green Knight is playing because it is what he trusts will cause one of the knights to accept his challenge. The knight insults King Arthur and his court deliberately to trigger a response, which he gets. King Arthur is a proud king but this moment in the story is an example of foolish pride on his part. Before he even knew the clauses of the "contract" with the green knight, who stayed vague enough to let him believe that he was seeking a challenge, Arthur says: "Sir courteous knight, if contest you crave, You shall not fail to fight". At this point, the audience wonders why he uses the word "courteous" as an adjective for this insolent knight who burst into the dining room armed, on his horse and asked for "the captain of this crowd". This is the first example of Arthur's foolish pride. He answered this way to save the face of his knights and his court and it will lead him to trouble. The knight exposes the rules of the game and the au dience wonders who will take on the challenge, why isn't any of the knight of the round table getting up and accepting the challenge? He goes even further by insulting the king and his court directly, calling them cowards, laughing loud to their face until Arthur blushes, - "The blood for sheer fame shot to his face and pride" - gets up and takes the challenge on himself. Now the crowd is inquisitive. They wonder what will happen to Arthur because surely there is a catch in the knight game and Arthur in foolishly falling into his trap. Now Sir Gawain stands and takes Arthurs place and is asked, by the Green Knight, to swear to seek him out a year from then to complete the second part of the deal . By making this oath right away without hesitation, he shows a great proof of honor and pride. He answers right away: "What is the way there? Where do you dwell?". Of course, now the audience is sitting at the edge of their chair waiting to see if Sir Gawain's attack will be effective at al l against the Green Knight. Manipulation and domination and also a major theme in this story because it is what the Green Knight is counting on when convincing King Arthur and his court to accept the challenge. He plays on their pride and honor and knows that they will make their decision based on those two factors, rather that think everything over and make a decision based on logic. The audience likes this because the Green Knight is an appealing "villain". He is huge and proud and not afraid of any of the Knight of the Round Table, and he insults King Arthur to his face, repeatedly from the moment he entered the room. The first manipulative aspect of this knight is the way he presents himself: fearless, proud, arrogant, without armor. "A green horse great and thick; A headstrong steed of might, In broidered bridle quick, Mount matched man aright. This is a form of intimidation and this is the first step in getting Arthur to accept the challenge. Bibliography No bibliography

History of the Scientific Revolution

History of the Scientific Revolution Human history is often framed as a series of episodes, representing sudden bursts of knowledge. The Agricultural Revolution, the Renaissance, and the  Industrial Revolution  are just a few examples of historical periods where it is generally thought that innovation moved more rapidly than at other points in history, leading to huge and sudden shake-ups in science, literature, technology, and philosophy.  Among the most notable of these  is the Scientific Revolution, which emerged just as Europe was awakening from an intellectual lull referred to by historians as the dark ages. The Pseudo-Science of the Dark Ages Much of what was considered known about the natural world during the early middle ages in Europe dated back to the teachings of the ancient Greeks and Romans. And for centuries after the downfall of the Roman empire, people still generally didn’t question many of these long-held concepts or ideas, despite the many inherent flaws. The reason for this was because such â€Å"truths† about the universe were widely accepted by the Catholic church, which so happened to be the main entity responsible for the widespread indoctrination of western society at the time. Also, challenging church doctrine was tantamount to heresy back then and thus doing so ran the risk of being trialed and punished for pushing counter ideas.    An example of a popular but unproven doctrine was the Aristotelian laws of physics. Aristotle taught that the rate at which an object fell was determined by its weight since heavier objects fell faster than lighter ones. He also believed that everything beneath the moon was comprised of four elements: earth, air, water, and fire. As for astronomy, Greek astronomer Claudius Ptolemy’s earth-centric celestial system, in which heavenly bodies such as the sun, moon, planets and various stars all revolved around the earth in perfect circles, served as the adopted model of planetary systems. And for a time, Ptolemy’s model was able to effectively preserve the principle of an earth-centered universe as it was fairly accurate in predicting the motion of the planets. When it came to the inner workings of the human body, the science was just as error-ridden. The ancient Greeks and Romans used a system of medicine called humorism, which held that illnesses were the result of an imbalance of four basic substances or â€Å"humors.† The theory was related to the theory of the four elements. So blood, for instance, would correspond with air and phlegm corresponded with water. Rebirth and Reformation Fortunately, the church would, over time, begin to lose its hegemonic grip on the masses. First, there was the Renaissance, which, along with spearheading a renewed interest in the arts and literature, led to a shift toward more independent thinking. The invention of the printing press also played an important role as it greatly expanded literacy as well as enabled readers to reexamine old ideas and belief systems. And it was around this time, in 1517 to be exact, that Martin Luther, a monk who was outspoken in his criticisms against the Catholic Churchs reforms, authored his famous 95 theses that listed all of his grievances. Luther promoted his 95 theses by printing them out on a pamphlet and distributing them among the crowds. He also encouraged churchgoers to read the bible for themselves and opened the way for other reform-minded theologians such as John Calvin. The Renaissance, along with Luther’s efforts, which led to a movement known as the Protestant Reformation, would both serve to undermine the church’s authority on all matters that were essentially mostly pseudoscience. And in the process, this burgeoning spirit of criticism and reform made it so that the burden of proof became more vital to understanding the natural world, thus setting the stage for the scientific revolution. Nicolaus Copernicus In a way, you can say that the scientific revolution started out as the Copernican Revolution. The man who started it all, Nicolaus Copernicus, was a Renaissance mathematician and astronomer who was born and raised in the Polish city of ToruÅ„. He attended the University of Cracow, later continuing his studies in Bologna, Italy. This is where he met astronomer Domenico Maria Novara and the two soon began exchanging scientific ideas that often challenged the long-accepted theories of Claudius Ptolemy. Upon returning to Poland, Copernicus took up a position as a canon. Around 1508, he quietly started developing a heliocentric alternative to Ptolemy’s planetary system. To correct some of the inconsistencies that made it insufficient to predict planetary positions, the system he eventually came up with placed the Sun at the center instead of the Earth. And in Copernicus’ heliocentric solar system, the speed in which Earth and other planets circled the Sun was determined by their distance from it. Interestingly enough, Copernicus wasn’t the first to suggest a heliocentric approach to understanding the heavens. The ancient Greek astronomer Aristarchus of Samos, who lived in the third century B.C., had proposed a somewhat similar concept much earlier that never quite caught on. The big difference was that Copernicus’ model proved to be more accurate at predicting the movements of the planets.   Ã‚   Copernicus detailed his controversial theories in a 40-page manuscript titled Commentariolus in 1514 and in De revolutionibus orbium coelestium (On the Revolutions of the Heavenly Spheres), which was published right before his death in 1543. Not surprisingly, Copernicus’ hypothesis enraged the Catholic church, which eventually banned De revolutionibus in 1616. Johannes Kepler Despite the Church’s indignation, Copernicus’ heliocentric model generated a lot of intrigue among scientists. One of these people who developed a fervent interest was a young German mathematician named Johannes Kepler. In 1596, Kepler published Mysterium cosmographicum (The Cosmographic Mystery), which served as the first public defense of Copernicus’ theories. The problem, however, was that Copernicus’ model still had its flaws and was not completely accurate in predicting planetary motion. In 1609, Kepler, whose main work was coming up with a way to account for the way Mars’ would periodically move backward, published Astronomia ​nova (New Astronomy). In the book, he theorized that planetary bodies didn’t orbit the Sun in perfect circles as Ptolemy and Copernicus had both assumed, but rather along an elliptical path.   Ã‚  Ã‚  Ã‚  Ã‚   Besides his contributions to astronomy, Kepler made other notable discoveries. He figured out that it was refraction that allows for the eyes’ visual perception and used that knowledge to develop eyeglasses for both nearsightedness and farsightedness. He was also able to describe how a telescope worked. And what’s less known was that Kepler was able to calculate the birth year of Jesus Christ. Galileo Galilei Another contemporary of Kepler’s who also bought into the notion of a heliocentric solar system and was the Italian scientist Galileo Galilei. But unlike Kepler,  Galileo didn’t believe that planets moved in an elliptical orbit and stuck with the perspective that planetary motions were circular in some way. Still, Galileo’s work produced evidence that helped bolster the Copernican view and in the process further undermine the church’s position. In 1610, using a telescope he built himself,  Galileo began fixing its lens on the planets and made a series of important discoveries. He found that the moon was not flat and smooth, but had mountains, craters and valleys. He spotted spots on the sun and saw that Jupiter had moons that orbited it, rather than the Earth. Tracking Venus, he found that it had phases like the Moon, which proved that the planet rotated around the sun. Much of his observations contradicted the established Ptolemic notion that all planetary bodies revolved around the Earth and instead supported the heliocentric model. He published some of these earlier observations in the same year under the title Sidereus Nuncius (Starry Messenger). The book, along with subsequent findings led many astronomers to convert to Copernicus’ school of thought and put Galileo in very hot water with the church. Yet despite this, in the years that followed,  Galileo continued his â€Å"heretical† ways, which would further deepen his conflict with both the Catholic and Lutheran church. In 1612, he refuted the Aristotelian explanation of why objects floated on water by explaining that it was due to the object’s weight relative to the water and not because an object’s flat shape. In 1624,  Galileo got permission to write and publish a description of both the Ptolemic and Copernican systems under the condition that he does not do so in a manner that favors the heliocentric model. The resulting book, â€Å"Dialogue Concerning the Two Chief World Systems† was published in 1632 and was interpreted to have violated the agreement. The church quickly launched the inquisition and put  Galileo on trial for heresy. Though he was spared harsh punishment after admitting to have supported Copernican theory, he was put under house arrest for the remainder of his life. Still,  Galileo never stopped his research, publishing several theories until his death in 1642.   Ã‚   Isaac Newton While both Kepler and Galileo’s work helped to make a case for the Copernican heliocentric system, there was still a hole in the theory. Neither can adequately explain what force kept the planets in motion around the sun and why they moved this particular way. It wasn’t until several decades later that the heliocentric model was proven by the English mathematician Isaac Newton. Isaac Newton, whose discoveries in many ways marked the end of the Scientific Revolution, can very well be considered among one of the most important figures of that era. What he achieved during his time has since become the foundation for modern physics and many of his theories detailed in Philosophiae Naturalis Principia Mathematica (Mathematical Principles of Natural Philosophy) has been called the most influential work on physics. In Principa, published in 1687, Newton described three laws of motion that can be used to help explain the mechanics behind elliptical planetary orbits. The first law postulates that an object that is stationary will remain so unless an external force is applied to it. The second law states that force is equal to mass times acceleration and a change in motion is proportional to the force applied. The third law simply stipulates that for every action there is an equal and opposite reaction. Although it was Newton’s three laws of motion, along with law of universal gravitation, that ultimately made him a star among the scientific community, he also made several other important contributions to the field of optics, such as building he first practical reflecting telescope and developing a theory of color.

The Role of Chief Justice of the United States

The Role of Chief Justice of the United States Often incorrectly called the chief justice of the Supreme Court, the chief justice of the United States is the nation’s highest-ranking judicial official, and speaking for the judicial branch of the federal government, and serving as the chief administrative officer for the federal courts. In this capacity, the chief justice heads the Judicial Conference of the United States, the chief administrative body of the U.S. federal courts,  and appoints the director of the Administrative Office of the United States Courts. A Chief Justices Main Duties As primary duties, the chief justice presides over oral arguments before the Supreme Court and sets the agenda for the courts meetings. Of course, the chief justice presides over the Supreme Court, which includes eight other members called associate justices. The chief justices vote carries the same weight as those of the associate justices, though the role does require duties that the associate justices dont perform. As such, the chief justice is traditionally paid more than the associate justices. The 2018 annual salary of the chief justice set by Congress, is $267,000, slightly higher than the $255,300 salary of the associate justices. When voting with the majority in a case decided by the Supreme Court, the chief justice may choose to write the Courts opinion  or to assign the task to one of the associate justices. History of the Chief Justice Role The office of chief justice is not explicitly established in the U.S. Constitution. While Article I, Section 3, Clause 6 of the Constitution refers to a chief justice as presiding over Senate trials of presidential impeachment.  Article III, Section 1 of the Constitution, which establishes the Supreme Court itself, refers to all members of the Court simply as â€Å"judges.† The distinct titles of Chief Justice of the Supreme Court of the United States and Associate Justice of the Supreme Court of the United States were created by the Judiciary Act of 1789. In 1866, Associate Justice Salmon P. Chase, who had been by to the Court by President Abraham Lincoln in 1864, convinced Congress to change the official title Chief Justice of the Supreme Court of the United States to the current Chief Justice of the United States. Chase reasoned that the new title better acknowledged the position’s duties within the judicial branch not directly related to the Supreme Court’s deliberations. In 1888, Chief Justice of the United States Melville Fuller became the first person to actually hold the modern title. Since 1789, 15 different presidents have made a total of 22 official nominations to either the original or the modern chief justice position. Since the Constitution mandates only that there must be a chief justice, the practice of appointment by the president with the consent of the Senate has been based solely on tradition. The Constitution does not specifically prohibit the use of other methods, as long as the chief justice is selected from among the other sitting justices. Like all federal judges, the chief justice is nominated by the president of the United States and must be confirmed by the Senate. The term-in-office of the chief justice is set by Article III, Section 1 of the Constitution, which states that all federal judges shall hold their offices during good behavior, meaning that chief justices serve for life, unless they die, resign, or are removed from office through the impeachment process. Presiding Over Impeachments and Inaugurations The chief justice sits as the judge in  impeachments  of the president of the United States,  including when the vice  president of the United States  is the acting president. Chief Justice Salmon P. Chase presided over the Senate trial of President  Andrew Johnson  in 1868, and Chief Justice  William H. Rehnquist  presided over the trial of President William Clinton in 1999. While its thought the chief justice must swear in ​presidents at inaugurations, this is a purely traditional role. According to law, any federal or state judge is empowered to administer oaths of office, and even a notary public can perform the duty, as was the case when Calvin Coolidge was sworn in as president in 1923. Procedure and Reporting and Inaugurations In day-to-day proceedings, the chief justice enters the courtroom first and casts the first vote when the justices deliberate, and also presides over closed-door conferences of the court in which votes are cast on pending appeals and cases heard in oral argument. Outside the courtroom, the chief justice writes an annual report to Congress about the state of the federal court system and appoints other federal judges to serve on various administrative and judicial panels. The chief justice also serves as chancellor of the Smithsonian Institution  and sits on the boards of the National Gallery of Art and the Hirshhorn Museum.

What Is Communication Studies Essay Example | Topics and Well Written Essays - 1500 words

What Is Communication Studies - Essay Example In this similar context, the idea of communication studies is widely defined as an academic field that primarily deals with the procedure of human communication intending to generate meaningful messages (Steinberg, 2007). In this paper, the notion of communication studies, its importance and the problems commonly associated with the aspect, will be taken into concern. Moreover, the link between culture and communication studies will also be discussed in this paper with the application of relevant models that include The Shannon and Weaver Model and The Schramm Model. Communication studies play an imperative role in every business organisation as it assists different organisations to develop their respective organisational forms in an efficient manner. Contextually, it has often been observed that organisations face various challenges when performing business operations effectively without concerning the aspect of communication studies. This is owing to the reason that the entire functional process of a specific organisation depends largely upon the understanding of the flow of information through communication studies (Steinberg, 2007). Communication studies generally involve two parties that include a speaker as well as a listener. With regard to determine the problems in communication studies, it has been viewed that misunderstandings arising due to poor communication can easily cause conflicts as well as other kinds of disturbances in the interrelation between the listener and the speaker. In other words, it can be stated that the conflict which often takes place between the involved parties in a communication process, due to creation of misunderstandings, is one of the crucial problems in the area of communication studies. Moreover, apart from rising conflicts, prevalence of dissimilar cultures, norms and languages are also considered to be the major problems relating to the study of communication studies (Steinberg, 2007). Culture and Communication Studies According to various researches, it has been apparently observed that communication and culture are undividable in nature. In this connection, the researcher s revealed that the aspect of culture plays a critical role in the field of communication studies. Intercultural interaction within the context of communication studies has become quite pervasive due to several important factors. These factors primarily include worldwide developments, rapid enlargement in the population of the world and alteration in the global business approaches. Most significantly, it has been argued that cultural dissimilarities may act as significant barriers towards communication studies. In response, effectual communication amid the involved parties in the communication studies would certainly minimise the barriers by a greater extent (Chen, 2009). The Shannon and Weaver Model (1949) The Shannon and Weaver Model (1949) introduced an effective communicative model which has been acknowledged as â€Å"information theory† and is regarded as quite beneficial in the area of communication studies. In this particular theory, the model revealed that the informa tion is regarded as an assessment of the entropy or insecurity in a specific system. Moreover, the model also

Psychology Journal Article Summary Essay Example | Topics and Well Written Essays - 500 words - 1

Psychology Journal Article Summary - Essay Example They facilitated the research by getting 88 clients or respondents (66 women and 22 men) who are seeking counseling services from the US. They were given questionnaires wherein respondents are expected to give their answers. Out of their answers, the data collected will provide sufficient information regarding clients’ expectation to counseling in connection to factors like, personal commitment, facilitative conditions, counselor expertise, and nurturance. The result shows the relation between the four stages of change (pre-contemplation, contemplation, action, and maintenance) to the clients’ four expectation factors (personal commitment, facilitative conditions, counselor expertise, and nurturance.) The implication is that stage of change and expectations of clients are vital factors to assess whether the client is ready to engage in therapeutic process or not. Knowing the client’s expectations is favorable to the counselor and will be much helpful for him in order to make anticipations of any future or potential problems and difficulties that he might encounter during counseling. By then he will be able to find out where he is going to situate himself in dealing with different clients and at the end categorize, whether who of his clients would need corresponding counseling strategies. The procedural analysis applied by the university is really designed to help both those who seek for counseling and the counselors themselves. Their intention is to provide sufficient information that will be helpful in handling counseling clients. This article will educate those who are looking for an effective approach in the field of counseling. The responsibility of the counselor is to maintain a continuous communication with the people, and interaction with them will start an atmosphere that the clients will adapt. The therapeutic process is such a tough job and an overall understanding of the approaches that will be applied is

Preventing Accidents on Construction Sites

Preventing Accidents on Construction Sites This chapter investigates the health and safety measures that are currently in place to reduce accidents and injuries on construction sites. In order to prevent accidents in construction it is not just a matter of setting up a list of rules and making safety inspections, although both of these have their place (Holt, 2001). Holt (2001) suggests that a system for managing health and safety is required that meets the needs of the business and complies with the law. This chapter intends to identify these strategies used and highlight the benefits to the industry in implementing them. The most important overall method is to implement the CDM regulations 2007 successfully, however within these regulations there are specific measures that can provide better results. The HSE concluded in ‘Blackspot Construction’ that 70% of the deaths on construction sites could have been prevented by positive action by managers within the industry (Joyce, 2001). The general principles of prevention as stated in regulation 7 of the CDM regulations 2007 are as follows: i. Every person on whom a duty is placed by these Regulations in relation to the design, planning and preparation of a project shall take account of the general principles of prevention in the performance of those duties during all stages of the project. ii. Every person on whom a duty is placed by these Regulations in relation to the construction phase of a project shall ensure so far as is reasonably practicable that the general principles of prevention are applied in the carrying out of the construction work. Welfare Facilities The provision for health, safety and welfare of workers involved on construction sites was not included in the CDM Regulations 1994 as it was the responsibility of the CHSW 1996; however these regulations have now been revoked by the CDM regulations 2007. These regulations set out the requirements for the provision of welfare facilities to be provided by the contractors as it has recently been recognized that the health and safety of workers is directly affected by their personal welfare (Joyce, 2007). The provision of high welfare facilities is likely to reduce the number of accidents and injuries on construction sites as it promotes recruitment, good morale and employee retention. These reasons alone should be sufficient justification for the investment in welfare facilities which should encourage the client and contractors to ensure that they are provided on construction sites from the outset to an acceptable level. Without the provision of welfare facilities workers are likely to be cold, overheated, dirty, dehydrated and uncomfortable (Joyce, 2007), this in turn will have an effect on the efficiency and effectiveness of their work undertaken creating an unsafe environment to themselves and their fellow workers. The provision of welfare facilities can be seen as an important measure to reduce accidents on construction sites; however the contractors must ensure that they are cleaned and maintained throughout the entire duration of the construction work in order to achieve their full benefit to the industry. Education and Training Education and training plays a very important part in the reduction of accidents on construction sites which is a legal requirement under the Management of Health and Safety at Work regulations 1999 as well as more recently the CDM regulations 2007. It is the responsibility of the employer to provide such training during recruitment, at inductions or when being exposed to new or increased risks (Hughes Ferret 2007). The levels of education and training required covers a wide range of information such as specific company health and safety policies, risk assessments, method statements, safety procedures, good practice and legal requirements (Hughes Ferret 2005). It is evident that providing essential information through a high level of education and training will enable employees to carry out tasks with limited supervision, this in turn should reduce the likelihood of health and safety risks and therefore help reduce the number of accidents and injuries within the construction industry. Construction Skills Certification Scheme (CSCS) The Construction Skills Certification scheme has been set up to help improve the general quality of workmanship as well as to reduce accidents and injuries occurring on construction sites. This CSCS scheme helps to ensure that competent workers are registered within the construction industry, which is currently the largest scheme within the construction industry which covers over 220 different occupations. As a result of this these cards are becoming increasingly demanded throughout, in particular by clients and contractors in order for workers to provide proof of their occupational competence and therefore gain access onto construction sites throughout the UK. This scheme has been supported by construction authorities such as the Major Contractors Group (MCG), National Contractors Federation (NCF) and the Major Home Builders Group (MHG) as it shows they have passed the CITB – Construction Skills Health and Safety Test. If these cards are made mandatory as a standard requirement within the construction industry then it will ensure that the general health and safety awareness of construction workers on construction sites with regards to health and safety risks will significantly improve, therefore more than likely reduce the number of accidents and fatalities within the industry. http://www.citb.org.uk/cardschemes/whatcardschemesareavailable/certificationschemes/cscs.asp Competence Assessments The CDM regulations 2007 have highlighted the increased awareness that the employment of competent workers is likely to reduce the number of accidents within the construction industry. This is evident from the increased vigour of worker competence assessments that are required before a work operative can start work. Competence assessments are carried out in order to assess whether a person is suited to carry out a job which is a method used to reduce accident on construction sites. It is the author’s opinion that competent people are more aware of health and safety risks surrounding them which they can therefore deal with before an accident occurs. The level of competence required is proportionate to the risks arising from the construction work (Joyce, 2007) which is stated in the ACoP so no work undertaken should be carried out by an unable worker. The term competence is not defined in the CDM regulations however a definition made during a civil court case in 1962 sates that a competent person is: A person with practical and theoretical knowledge as well as sufficient experience of the particular machinery, plant or procedure involved to enable them to identify defects or weaknesses during plant and machinery examinations, and to assess their importance in relation to the strength and function of that plant and machinery. The concept of confidence underpins the CDM regulations 2007 because no duty holder can be appointed unless they are competent themselves, this is required by regulation 4(1)(a): No person on whom these Regulations place a duty shall appoint or engage a CDM co-coordinator, designer, principal contractor or contractor unless he has taken steps to ensure that the person to be appointed or engaged is competent. In order to prevent incompetent people assessing the competence of others, the CDM regulations set out a statement in regulation 4(1)(b): No person on whom these Regulations place a duty shall accept an appointment or engagement unless he is competent. The introduction of the CDM Regulations 2007 clearly shows that competence assessment is an important measure to prevent accident on construction sites and must be implemented further if these measures are to be highly successful. Designing to reduce risks The introduction of the CDM regulations 2007 has provided a bigger emphasis on designing out risks in the planning stage of construction projects. Increased responsibility has been placed on designers as a result of the introduction of the CDM regulations 2007 to eliminate hazards before they have chance to occur. Holt (2001) suggests that the method of prevention to remove the risk of a hazard at the design stage is likely to be more effective than to establish a control strategy, especially as it would rely on people to work in the correct way which is not always likely to happen. An example of this may be for a designer to prevent from specifying fragile roofing materials which could present the opportunity for people to fall through. In the event of a designer unable to completely eliminate health and safety risks at the design stage, then the design and specification can still make a significant difference to actions carried out on site. It should emphasize ways in which work should be carried out in order to provide minimal health and safety risks to workers. The extra time spent that may result from a more detailed design process should be repaid through savings of time and money, and possibly lives throughout the construction process (Holt, 2001). Communication The variety of measures in place in order to reduce accidents and fatalities on construction sites which are evident from the ongoing literature review throughout this chapter. The successfulness of these measures however is dependant on effective communication, particularly when implementing training and education as it will dramatically improve work operatives understanding of health and safety risks. Hughes and Ferret (2007) suggest that many problems regarding health and safety on construction sites is a result of poor communication between management and the workforce within an organization, this often arises from ambiguities or possible accidental distortion. There are 3 basic methods of communicating health and safety information within the construction industry identified by Hughes Ferret (2007) as verbal, written and graphic. The most common of these methods is verbal communication via speech or word of mouth, this type of communication should only be used when providing simple instructions or information generally during meetings or training sessions, these are generally known as ‘tool box’ talks. In order for the implementation of verbal communication to be successful, the spokesperson needs to ensure that the messages they are trying to relay are clear and prevent confusion, the receiver should then demonstrate some form of understanding in order to prove they clear on what is expected of them before undertaking any work. This method of accident prevention can have its drawbacks and be a regular cause of accidents on construction sites if a verbal instruction has not been understood. Hughes and Ferret (2007) suggest that this may be as a result of a number of factors such as language and dialect barriers, use of technical language and abbreviations, background noise and distractions, hearing problems, ambiguities in the message, mental weaknesses and learning disabilities, lack of interest and attention. Despite the potential limitations that exist with verbal communications, there are also a number of benefits that it brings to construction sites if carried out successfully. Communication in this manner is less formal, enables the exchange of information to take place quickly and can be carried out close to the workplace (Hughes Ferret, 2007). Written communication involves the use of emails, reports, notice boards etc. in order to communicate information regarding health and safety. Potential problems involved with this form of communication are that the language used may be difficult to understand and affect the level of comprehension. Detailed reports may not be read properly due to time constraints and notice boards may be positioned in the wrong places with out of date and irrelevant information. The main benefit of using written communication, in particular emails, is that it provides a quicker method to ensure that messages get to all the people that may be concerned which is an important measure which could be implemented further to reduce accidents on construction sites (Hughes Ferret, 2007). Graphical communication is carried out through the use of photographs, drawings, posters and videos. This type of communication is often used to inform workers of health and safety information such as fire exits and HS propaganda. This is regarded as being a relatively effective method of communication as it has no barriers with regards to language or dialect and displays a simple message that can be remembered. The potential limitations regarding this procedure is that the graphics may very quickly become out of date or in the case of posters, be ignored (Hughes Ferret). Improvements in Technology A key measure in which to reduce accidents on construction sites is through the use of up to date technologies. This view is supported by (reference) who suggests that new technologies in construction sites are not only likely to help prevent accidents and injuries on construction sites but also improve the overall efficiency of construction projects. This view is also supported by Holt (2001) who suggests that keeping up to date with new technology can bring an added benefit to the industry and generally improve site conditions. The introduction of new technology may be in the form of improved software, software often gets up-graded quickly with new and improved packages that should be installed to benefit the industry. It may also involve improvements in technology such as the new Blackberry; this can incorporate cell phone capability and email connectivity into a single device that will benefit employers relaying safety messages quickly and directly to employees on site, therefore improving coordination between site operatives. New technology may also be in the form of site equipment and plant, for instance the use of mechanical systems such as hoists and lifts should be replaced instead of manual operations, this is not only likely to increase productivity on site but also prevent the likelihood of injuries such as back problems. The introduction of improved technologies into construction sites in an attempt to reduce accidents and injures is largely dependant on the level of training that accompanies it. Employers must be aware that productivity on site may not be at its peak during the period of change as new software and equipment requires training and adjustments to that of old technologies. However, if sufficient training is provided to accompany the new technology and software then employees will be able to harness the power of new technologies and provide numerous benefits to the construction industry. Risks Assessments Risk assessments are an important measure used to reduce HS risks on construction sites, they are a legal requirement of many HS legislations during the planning stage of a project so that plans can be put in place to control potential risks as assessed in Chapter 2 of this study. A risk assessment involves an examination of the potential risks that may cause harm to people which cannot be avoided through the design process of a project, the risk assessments should only identify the significant risks that apply to the construction project and ignore the trivial risks that are not likely to result in an accident or fatality. They are carried out in order for organisations to establish whether they have taken enough precautions or to identify if they could do more to prevent the likelihood of an accident or fatality on the construction site (HSE, 2006a). Risk assessments are used to decide on priorities and set objectives for eliminating hazards and reducing risks, if this is possible it is usually through selection and design of facilities, equipment and processes. However if they cannot be eliminated they are minimised by the use of physical controls or, as a last resort, through systems of work and personal protective equipment (Hughes Ferrett, 2007). ‘A hazard is something with potential to cause harm. The harm will vary in severity some hazards may cause death, some serious illness or disability, others only cuts and bruises. A Risk is the combination of the severity of harm with the likelihood of it happening.’ http://www.hse.gov.uk/pubns/indg275.pdf Hughes and Ferrett (2007) identifies two basic forms of risk assessments, these are ‘quantitative’, which involves risks given a numerical value and ‘qualitative’ which is the most common form of risk assessment in the construction industry which is based purely on personal judgement and then quantified as being either high, medium or low risk in terms of its severity. The HSE (2006a) identified the following 5 key steps in order to asses the risk in a workplace: Step 1: Identify the hazards Step 2: Decide who might be harmed and how Step 3: Evaluate the risks and decide on precautions Step 4: Record your findings and implement them Step 5: Review your assessment and update if necessary If these steps are followed by every construction organisation throughout the UK then it will make a big difference to reducing the number of accidents and fatalities on construction sites which is regarded as being the principal aim of risk assessments, this aim however is also dependant on the competence of people carrying out the risk assessment and also the communication of their findings. An example of a risk assessment form can be seen in Appendix 2. Health and Safety Culture HSE publication HSG 65, Successful Health and Safety Management Health and Safety Inductions Health and Safety Policies Health and Safety Policies are an important measure that are required by law for every organisation to produce. The can play a key role in reducing accidents and fatalities on construction sites. They have been assessed in greater detail in chapter 2, section 8.4. Managing Risks during construction The introduction of the CDM regulations have also placed more emphasis on managing risks during construction in order to target the high level of accidents and fatalities on construction sites. This measure involves creating a well established management system that controls the potential risks faced during a construction project and deciding what should be done about them. This may involve giving collective protective measures priority over individual measures to provide the biggest benefit to the health and safety of everyone involved. This may involve removing hazardous dust by exhaust ventilation rather than providing a filtering respirator to an individual worker (Rowlinson, 2004). It is therefore the role of a manager, such as the principal contractor to assess the most appropriate protective measures to use during the construction process and ensure that people under his command abide by these management decisions. Managing risks during construction may also be in the form of giving appropriate instructions to employees. This may involve making sure that all employees are fully aware of specific company policies, risk assessments, method statements, safety procedures, good practice, official guidance, and any legal requirements that they must follow (Holt, 2001). Personal Protective Equipment (PPE) It is the opinion of (make up a reference) that Personal Protective Equipment (PPE) should only be used as a control measure as a last resort to try to reduce accidents and fatalities on construction sites. This is due to the fact that it does not eliminate the hazard and will present the wearer with the maximum health and safety risk if the equipment fails. Hughes and Ferrett (2007) identify a number of limitations as to why PPE should only be used as a last resort such as the equipment only protects the person wearing it and doesn’t take into account the effects the risk may have on others working nearby; it relies on people wearing the equipment at all times which people do not often do; it must be used properly which requires training, this could result in a loss of time and productivity and it must be replaced when it no longer offers the appropriate levels of protection. Aside from these limitations the use of PPE still provides certain benefits to the industry and is an important measure to reduce, or at least prevent the level of accidents on construction sites. PPE enables workers to have immediate protection to allow a job to continue; in an emergency it can be the only practicable way of effecting rescue or shutting down plant; and it can be used to carry out work in confined spaces where alternatives are impracticable (Hughes Ferrett, 2007). The Construction Phase Plan The Health and Safety File The Construction Phase Plan and The Health and Safety File which were introduced by the CDM regulations both help to reduce accidents and injuries on construction sites. They have been discussed previously in Chapter 1, Section 7.2 in greater detail on the positive impacts they have on the construction industry. It is the opinion of the author that these measures to reduce accidents on construction sites should be reviewed periodically to ensure that they are still effective and to introduce new improvements to these measures. In the event of a serious accident or incident occurring on a construction site, then an immediate review of the risk control measures in place should be carried out to identify the problem and why it occurred. Cost of implementation of the CDM regulations 2007 The HSC has claimed that the CDM regulations are likely to save the construction industry  £2.7 billion, through reduced bureaucracy and a further benefit to the construction industry by up to  £3.2 billion by reduced loss of working time (Joyce, 2007), this however is likely to be the best case scenario, the HSC concluded that in the worst case scenario the introduction of the CDM regulations 2007 could cost the construction industry  £660 million (Joyce, 2007). The financial cost of implementing these measures of prevention through the CDM regulations may be regarded as costly to the industry; however it is the authors opinion the benefit of implementing theses regulations successfully and reducing the number of fatalities and accidents on construction sites is a small price to pay as it benefits the industry as a whole by the factors outlined below. This view is supported by Robert E McKee who commented that â€Å"Safety is, without doubt, the most crucial investment we can make, And the question is not what it costs us, but what it saves†. 4.6 Benefits of accident prevention The measures identified in section 4.1 above highlight the main factors that can assist in preventing accidents and fatalities on construction sites. The implementations of measures to prevent accidents are extremely worthwhile as they provide a number of benefits to the construction industry which are discussed below. 6.6.1 Cost in human suffering The cost in human suffering, physical pain and hardship resulting from death and disability is impossible to quantify (Holt, 2001). The accident and fatality statistics analyzed in chapter 3 provide the author with background knowledge that there are an alarming amount of accidents and fatalities within the construction industry each year. This is likely to have had a significant impact on the lives of workers and their families causing a considerable amount of disruption. This is one of the major reasons why these statistics need to be reduced and try to achieve a safer construction industry. 6.6.2 Moral Moral reasons stem from a developing public awareness that something needs to be done to raise the quality of life within the construction industry (Holt, 2001). It is becoming increasingly evident that the safety of workers within the construction industry is being put at risks for reasons such as potential increased profits. It is of the author’s opinion that this is morally wrong and should be prevented which in turn will benefit the construction industry as a result of fewer accidents. In order to increase workers moral within the industry (Holt, 2001) workers should be actively involved in accident prevention programmes, this is likely to increase the productivity of work and prevent weakened worker moral through a reduction in accidents on site. 6.6.3 Legal Legal reasons are contained in state law, which details steps to be taken and objectives to be met, and which carries the threat of prosecution or other enforcement action as a consequence of failure to comply (Holt, 2001). The prevention of fatalities is likely to reduce legal action faced by organizations which in turn is likely to reduce cost in terms of money and adverse publicity as there will be a reduction in the number of workers able to gain compensation. 6.6.4 Financial The benefit of accident prevention is likely to have a significant impact on financial reasons which will ensure the continuing financial health of a business and avoid the costs associated with accidents (Holt, 2001). These costs can be both direct cost such as production delays which include the cost of compensation as well as indirect costs such as management time spent on investigations and fines. Conclusion of chapter The analysis of measures to reduce accident and fatalities on construction sites along with the benefits that these measures bring, highlight the fact that a good safety record and document safety management systems can more than repay the time spent of achieving it. A reduction in accidents and fatalities through increased measures to prevent them will significantly reduce the problems identified in section 6.6 and therefore significantly benefit the construction industry as a whole. This chapter highlights many control systems and mechanisms that are in place to decrease the chances of accident and injuries within the construction industry, however Chapter Four: Methodology This chapter discusses the different methodological approaches for this study and expands on the outline methodology highlighted in chapter 1. Detailed accounts of the specific research strategies are also examined, highlighting the methods used to analyze and interpret the data collected. Each question chosen for the questionnaire will be examined stating why it was chosen, what it hoped to achieve, and how it relates to the research aim and objectives. Finally, the location of the study and methodological restrictions are also considered. Approach Several methodologies to assess the effectiveness, success and problems of CDM regulations have been used in the past, notably sample groups, influence network models, case studies and statistical analysis (reference). The case study approach analyses a very small number of duty holders using semi-structured surveys, and over a number of periods (e.g. quote people and times). Although this methodology can be detailed, results can be extremely unrepresentative. Resultantly, the sample group methodology was chosen for this study, which follows the same layout, but with a much larger number of duty holders. Academics such as (reference) and (reference) have used this type of methodology in the past. The sample group methodology was most appropriate for this study, as data was needed from multiple different duty holders in order to make comparisons and generalizations. Using influence network models was deemed less appropriate than a sample technique as this tended to concentrate on influences for poor health and safety rather than the effectiveness of the CDM Regulations 2007. Criteria for evaluating effectiveness In order to gain useful information it was important to understand what the outcome would be compared to (Moore, 2000), therefore, at this stage the ultimate outcome for measuring the effectiveness of the revised CDM regulations would be to measure the impact they have had on accident statistics on construction sites. This measure however takes a long period of time for changes to manifest themselves and enable a comparison to that of the CDM regulations 1994. As the introduction of the CDM regulations 2007 only came into force in April 2007, a number of different measures have been implemented throughout this study in order to measure the early effectiveness of the new CDM regulations. Table 7.1 below shows the steps taken with the required source of evidence to indicate that an early impact has been made. Effectiveness means the capability of producing an effect (www.wikepidia.org) and in this case, it can be assumed that with reference to this study the intended effect of the CDM regulations is to reduce accident statistics on construction sites. Table 7.1 Impact outcome of the revised CDM Regulations Step Outcome measure Indicative evidence of outcome 1 Duty holder awareness that CDM regulations have been revised Events and articles to launch the revised CDM Regulations 2 Duty holder obtains information about revised CDM Regulations Sales and downloads of the revised CDM regulations and guidance material 3 Duty holder acts internally on contents of revised CDM regulations Duty holder acknowledges clarity in the regulations and better known what is expected of them 4 Improvements in management and design practice appear Positive duty holder views on the improved flexibility in the fit of the revised CDM regulations to a wide range of contractual arrangements. Improved information flow including from the clients. Improved competence assessments. Improved communication, cooperation and coordination between duty holders. Improved health and safety files. Reduced bureaucracy and paperwork. Clients committed to ensuring the safe management of projects. Coordinators are perceived as adding value. 5 Improvements in risk management through good design apparent in specifications and drawings. More on-site hazards are eliminated and thus appear less frequently on drawings / specifications. More resid

Equity and Trusts: Barnes V Addy Second Limb

Introduction This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia.However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the English approach to be adopted in the Australian context. Such an adoption may be advisable in light of the judicial and extra-judicial commentary suggesting that the orthodox approach is in fact not properly aligned with equitable principles. The discussion of this possibility involves not only an assessment of the advantages and disadvantages of each approach, but also a determination as to the extent to which the separate application of each approach could result in a divergent outcome.The development of the second limb of Barnes v Addy in Australia- ‘knowing assistance’ The classic authority on the circumstances in which third parties will be held accountable for their involvement in a breach of trust or fiduciary duty is the English case of Barnes v Addy. It was in this case that Lord Selbourne LC articulated the much cited and analysed statement of principle that has come to form the modern law: †¦ trangers are not to be made constructive trustees merely because they act as the agents of trustees†¦unless those agents receive and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and fraudulent design on the part of the trustees. This statement has come to be understood as allowing liability to be imputed on a party in two distinct circumstances, where the third party either knowingly receives trust property, or assists with knowledge in a breach of trust or fiduciary duty.This paper seeks only to consider the latter. In what ostensibly remains the authoritative case on this second limb of Barnes v Addy in Australia, the High Court in Consul Development Pty Ltd v DPC Estates Pty Ltd, (‘Consul Development v DPC’) not unlike other cases at the time, focussed predominantly on the level of knowledge which would be sufficient to attract accessory liability in the circumstances before them.The primary question was not one of the dishonesty or otherwise of the actions of the third party, but of that third party’s knowledge of the dishonesty of the fiduciary. The majority, it seems, realised that the terms ‘constructive notice’ and ‘actual notice’ did not in themselves comprise the requisite sophisti cation for dealing with the matter of the knowledge of the third party.They instead expressed the required degree of knowledge within particular parameters, with neither Stephen J nor Gibbs J willing to extend these parameters to include a negligent failure to inquire on behalf of the third party. In Equiticorp Finance Ltd v Bank of New Zealand, Kirby P (in dissent) indicated support for the Consul test of knowledge, and attempted to clarify the judgement in Consul Development v DPC with reference to the decision in Baden, Delvaxs & Lecuit v Societe Generale pour Favoriser le Development du Commerce et de L’Industrie en France SA (‘Baden’).He equated the degrees of knowledge set out by the High Court in Consul Development v DPC with the first four categories as stated in Baden thereby confirming that both actual and constructive knowledge, but not constructive notice, would constitute the requisite degree of knowledge necessary to render a third party liable unde r the second limb of Barnes v Addy. Similar findings have been made in later cases where Consul Development v DPC has been declared authority on the matter, although such an explicit reference to the Baden scale is not always present.Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority.However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty. Given the discordant state of the Australian authorities, the High Court took the opportunity in Farah Constructions Pt y Ltd v Say-Dee Pty Ltd, (‘Farah Constructions’) to clarify the Australian position on knowing assistance.Their Honours declared, in obiter, that Australian courts should continue to follow the decision in Consul Development v DPC, thereby continuing to see as necessary the requirement of a dishonest design on the part of the fiduciary, and subscribing to the proposition that where the third party’s knowledge falls within the first four categories of the Baden scale it will answer the requirement of knowledge under the second limb of Barnes v Addy.In what has been referred to as a â€Å"profound shift in the rules of judicial engagement† following Farah Constructions, lower courts have regarded themselves as obligated to follow the obiter of the High Court and have thus returned to an orthodox approach. However, the law in Australia is far from settled on this point and a case is yet to come before the High Court with the facts necessary to allow for a rec onsideration of the principles enunciated by the Privy Council in Royal Brunei. The development of the second limb of Barnes v Addy in England- ‘dishonest assistance’While in Australia the courts are returning to an orthodox approach towards accessory liability, in England, the courts are grappling with a reformulation of the principles under the second limb of Barnes v Addy following the decision in Royal Brunei. In this case, the Privy Council refocussed the relevant inquiry in cases concerning liability under the second limb of Barnes v Addy away from the third party’s knowledge of the trustee’s dishonesty, to the dishonesty of the accessory themselves.Consequently, the dishonesty (or lack thereof) of the trustee or fiduciary is irrelevant as it is the dishonesty on the part of the accessory that attracts liability. There is nothing new about the application of a dishonesty-based in inquiry into the liability of accessories to a breach of fiduciary duty , with Lord Nicholls suggesting that before the inquiry â€Å"donned its Barnes v Addy strait-jacket† judges hadn’t regarded themselves as confined to inquiries into the levels of knowledge of the accessory.It may even be said that the dishonesty-based inquiry had retained its place in contemporary law prior to Royal Brunei, and that it was merely obscured by the additional and more tedious requirement of determining the level of knowledge of the accessory. For example, in Agip (Africa) Ltd v Jackson Millet J stated: There is no sense in requiring dishonesty on the part of the principal while accepting negligence as sufficient for his assistant.Dishonest furtherance of the dishonest scheme of another is an understandable basis for liability; negligent but honest failure to appreciate that someone else's scheme is dishonest is not. This can be set alongside other cases which suggest that that the requirement of dishonesty on the part of the principle is in fact a compel ling reason not to require dishonesty on the part of the fiduciary, as they are an ‘accessory’ who merely needs to be is linked to the conduct of the principle. Millet J, however, seemingly wishes to see this principle extended, so that dishonesty is required on the part of both parties.The decision in Royal Brunei does not precisely echo this formulation of the dishonestly principle (Lord Nicholls ultimately went on to conclude that that the fiduciary need not be dishonest at all in order for the accessory to be held accountable), but instead clarifies and affirms a general principle in light of other commentary on the point. Consequently, Lord Nicholls in his judgement has set out what is necessary for the inquiry into the accessory’s dishonesty, stating that courts should look to determine whether the person acted â€Å"as an honest person would in the circumstances† in light of their actual knowledge at the time.He further explains that the question sh ould be approached objectively and indicates that the test is not one of the ‘reasonable person’. He seeks to clarify this test of dishonesty with the following examples: If a person knowlingly appropriates another’s property, he will not escape a finding of dishonesty simply because he sees nothing wrong in such behaviour†¦Honest people do not knowingly take other’s property†¦[or] participate in a transaction if he knows it involves a misapplication of trust assets to the detriment of the beneficiaries.Nor does an honest person in such a case deliberately close his eyes and ears, or deliberately not ask questions, lest he learn something he would rather not know, then proceed regardless. This passage, while meant to further explain the test for dishonesty, initially seems difficult to reconcile with later comments, where his Lordship makes explicit reference to the departure from the orthodox inquiry into degrees of knowledge, stating that the w ord â€Å"knowlingly† should be avoided and that the Baden scale was â€Å"best forgotten†.While it seems unproblematic to abandon the Baden scale of knowledge, commentators and courts alike have found difficultly in divorcing the concept of dishonesty from knowledge itself and the most recent authoritative decision on the point Barlow Clowes International Ltd v Eurotrust International Ltd (‘Barlow Clowes’) confirms that an inquiry into dishonesty does to some degree require an inquiry into the knowledge of the third party. Comparison of the English and Australian position One of the objectives of the court in Royal Brunei was to remedy some of the problems with the orthodox approach to accessory liability.Such problems were not only present in English courts, but have also plagued Australian courts and were not resolved in by the High Court’s affirmation of the knowledge-based test in Farah Constructions. Firstly, Lord Nicholls in Royal Brunei soug ht to realign the principles of accessory liability with equitable doctrines and focussed primarily on the conscience of the accessory themselves. In the orthodox approach, as expressed in Consul Developments v DPC, the inquiry is not into the state of mind of the accessory themselves but into the accessory’s knowledge of another’s state of mind.It has been suggested that the inquiry has thus been misplaced, and that although it results in an indirect finding of dishonesty on the part of the accessory, it is much further removed from equitable principles than the Royal Brunei approach. Lord Nicholls also sought to do away with the confusion surrounding the need for judges to distinguish between the different levels of knowledge, in particular constructive knowledge and constructive notice.However, as noted above, Lord Nicholls on several occasions makes reference to the knowledge of the accessory which is the reason that the degree to which the test of dishonesty is di vorced from an inquiry into knowledge has been questioned. However, what must be realised here is that the inquiry into knowledge that is embarked upon as part of the dishonesty based approach is different to that which was required under the knowledge based approach.This redirection for the knowledge inquiry was first considered in Twinsectra Ltd v Yardley where a difficulty arose in determining whether Lord Nicholls had intended for an objective or subjective approach to be taken to dishonesty. In the leading judgement, Lord Hutton tendered the â€Å"combined test† which required that the third party’s conduct be dishonest by the standards of the reasonable person as well as requiring an appreciation by the third party that by those standards his or her conduct was dishonest.This combined test endured much academic criticism and was seen as being inconsistent with the objective test enunciated by Lord Nicholls in Royal Brunei. The Privy Council, and in particular, Lo rd Hoffman (who was in the majority in Twinsectra Ltd v Yardley) had the opportunity in Barlow Clowes to clarify the comments made in Twinsectra Ltd v Yardley. It was stated that the majority in Twinsectra Ltd v Yardley had, in fact, always espoused a test in line with that which was conceptualised in Royal Brunei and it was commentators who had skewed this test into a different form.Despite the contempt that many commentators had for this account, the statement of a complete principle of dishonest assistance was applauded. Incorporated in this principle was the conclusion that the liability of the accessory was not dependant on a requirement for fraud or dishonesty on the part of the fiduciary, but depended solely upon whether the accessory was at fault. This is the converse position of the orthodox approach, whereby a third party can escape liability even where they know they are assisting in a breach of fiduciary duty, provided that the fiduciary was not acting dishonestly.Thomas J in Powell v Thompson held that protecting a person with a guilty conscience in this manner was not in line with equitable principles, and his consequent assertion that the conduct of the principle should be irrelevant was later approved in Brunei. One significant consequence of the divergent approaches in what are currently the UK and Australian positions on this matter would be the substantial difference in outcome in cases where the fiduciary had acted innocently.Provided that all other requirements are satisfied, in the UK the accessory would be held liable however in Australia they would not. Further to this, while some Australian judges have found it difficult to distinguish the traditional approach from that of Royal Brunei, the fact that the orthodox reliance on the Baden scale restricts investigations only to knowledge and not to other attributes or types of conduct, lends weight to the argument that in certain circumstances there would be divergent outcomes of the two ap proaches. Perhaps, it is best to take FarahConstructions as authority on this point, with the High Court in this case imputing that one of the reasons it is directing courts to treat the approaches distinctly is due to the potential for the different formulations of the principle to lead to different results. Conclusion In line with the arguments presented in this paper, it is submitted that the approach to accessory liability espoused in Royal Brunei is preferable to that which was propounded in Consul Development v DPC due what is an ostensible irreconcilability of the latter case with conventional equitable doctrines.This assertion turns on the manner in which the judges in Consul Development v DPC dealt with the requirement for a dishonest and fraudulent design on the part of the fiduciary as per Lord Selbourne LC in Barnes v Addy. Like many other cases at the time, Consul Development v DPC was concerned more with attempts to define what Lord Selbourne had meant by a â€Å"dish onest and fraudulent design† rather than questioning whether it was an appropriate criterion for the imposition of liability on a third party.Consequently, when it came to fulfilling equity's calls as to inquiries into the conscience of the defendant, courts were misguided and came to focus instead on the conscience of the principle. The arguments in favour of the retention of this approach are largely set out in reliance on the requirement that the third party be implicated in the conduct of the fiduciary. However, as suggested in Royal Brunei, assistance in itself should be enough to draw a sufficient connection between the accessory and the fiduciary.It was this realisation which enabled Lord Nicholls in Royal Brunei to reformulate the principle under the second limb of Barnes v Addy so as to redirect inquiries into the minds of defendants to their appropriate place in accordance with equitable principles. Although the adoption of the approach in Brunei may not result in ma jor shift in the law of accessory liability in Australia, it’s contemplation of circumstances in which the third party can be held liable even where the fiduciary is innocent would at the very least resolve the seemingly inequitable approach to this point as it stands in current Australian law. 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