Thursday, 28 May 2015

Speech (War Crimes – Poem by Greenwolfe 1962}



Speech

In any given case scenario, war may at times be deemed top solve the problem of concern. In essence, this is not always the case since the most vulnerable sides of the war take an edge over the intended purpose of the war. Considerably, at the individual level, the war will encompass the use of physical ability and the person more superior to the other will emerge the winner of the war. All the same, the person who is more tactical than the opponent also win and satisfy all that he or she craves to fulfil. At a circumstance where the war entails a large group of people that fight against each other, then, a more sophisticated machinery of war will be employed to serve the purpose. Given this, the essay seeks to illustrate the concept of war at the individual and the group levels. In this perspective, the essay will be providing a review of the articles along with the poems that have been read and particularly on the aspect that entails war.

Firstly, the war among the individuals, as it has been illustrated in the articles, leads to the destructive measure that at times are hard to recover. For instance, when one fights with his friend and then injects critical injuries that at times leads to death. One will agree that this is a lost life and, thus, cannot be recovered since an individual cannot regain life after losing it. Hence, a better solution to solve the argument of concern could have been employed for the sake of preventing such scenarios from occurrence (Attachments). Moreover, one will find that at times, an individual versus the fellow confrontation could at times lead to severe injuries that one may never obtain the cure at the end of the exhaustion of all the possible means. Concerning this, it may be wise to employ an alternative means of solving the matter under the consideration.

Notably, people who get drunk are more prone to engagement in an unnecessary confrontation that ends in the eruption of a war. For that reason, those with the intention of indulging in such unnecessary fights engage in the drug taking to employ it in the unethical deeds that they crave to do. Ideally, the drug taking acts as a scapegoat since they hope that other people who may be amazed by their unbecoming behaviour will just have to attach it to the fact that the person of concern is not conscious about his or her actions. It is this since the individual is drunkard and, thus, cannot be accountable for all the upheaval character that is witnessed. In essence, a person of upright moral character will not engage in the drug consumption solely to bring disorder to his or her compatriots. Mostly, those who indulge in such behaviours are people who disrespect their personality and, hence, fails to treasure their personality along with dignity.

Indeed, people who perform such dramas in the society are never regarded worth by the other peaceful members of the community. In fact, even their young children who are brought up in the environment of people who are constantly at war fails to understand the significance of the peaceful coexistence in the society. In actuality, they grow up knowing that confrontation and physical battles are components of life that a human being cannot be in a position to avoid. Fortunately, they are presented in school whereby they are presented with more civilised ways of dealing with problems in the event that they occur. Unfortunately, they fail to find it easy since that background from which they were brought up had the usage of war as the basic solution in the event that misunderstanding evolves between individuals. In this perspective, it denotes the significance of having the parents who take care of their children even when the children are young. Undeniably, children imitate the behaviour of their parents as they grow up; thus, the environment from which the children are brought up dictates significantly the character of the children. Regarding this, parents have to portray the right character when they are in the presence of the children (Ramanujan 25). Otherwise, the children will grow up with the knowledge that abusive language, confrontations and fight are important integral parts of the community. It will only be proved otherwise to them when they interact with the society and find that they are the errand members of the community.

Lastly, as reflected in the poem, the rewards of confrontations and fights are hefty. It is this way because all the people that engage in war will in the end find their way to hell (Greenwolfe). In hell, all the forms of upheavals are condoned and, thus, the most appropriate place for those people who are fond of being involved in disorders. Fundamentally, people do not like this location since it is termed as the place where all injustice cases are punished. Besides, the errand members of the society will find themselves in cells if they fail to avoid their evil deeds. 

In brief, the articles have portrayed the various themes that are crucial to any given society. In this perspective, the subject of interest was war in the society and particularly among the individuals. Primarily, the essay has given a comprehensive analysis of such scenarios. Importantly, the causes of the war, effect and the way such occasions can be avoided. Hence, individuals have to be focused on measures that aim to eliminate the instances of conflict in the society.



Works Cited

Ramanujan, A K. Poems of Love and War: From the Eight Anthologies and the Ten Long Poems of Classical Tamil. Washington: Columbia University Press, 2011. Print.

Attachments

Poem by Greenwolfe

Logitech's Global Value Chain



Logitech’s global value chain

Question 1

Configuration of the Logitech’s global value chain.

            The value chain involves a company conversion of raw materials into outputs that are usable by adding value to them. The value chain activities can be categorized into primary and support. The primary activities include manufacturing, inbound and outbound logistics, as well as sales and service.  The support activities are procurement, firm infrastructure, management of human resource, and technology development.

A global value chain is depicted by a company locating different activities of their work in different countries that maximize the efficiency of the value chain. The global value chain enables a company to increase its competitiveness among other companies. The company gains access to global resources and skills, costs are considerably creating value more effectively. However, proper management is required as the dispersed activities of the global value chain can lead to success or failure of the company (Waehrens, Riis, & Johansen, 2011).

           

            Logitech company was founded in 1981 in Switzerland but has spread out its activities in different countries. The headquarters is in California, manufacturing done in Taiwan, productions done in China, with parts being supplied from Malaysia and America.  Logitech managed to increase its productions because of the globalization and was able to win prestigious customers like Apple and IBM. Each of their activities are spread out in different countries with consideration of low costs and high volume.  Such kind of success can only be achieved through efficient operation management. The need for Logitech to gain more customers is a reason why they have to innovate their systems.  Affordable and skillful labor in China has enabled the Logitech company to have more productions. Research and development is a key element  to attaining global economies of scale. The company has kept the key element in their home country. The overseas investments are in countries with low wages and reasonable stable environment. The globalization of the company has resulted in the company to being the world’s largest known producers of computer mice.

           


Question 2

The extent to which the different trade theories explain Logitech’s configuration of its global value chain.

            Trade theories seek to explain how and why countries involve themselves in international trade and the implications of the trade. International trade theories simply explain international trade. The trading, benefit people or entities in different ways. There are factors that are used by businesses or companies to their interests (University, 2015). Because of the international a company is able to manufacture and export products they can effectively produce and, import products effectively produced in other countries.

a)      A list of different theories that have a bearing on the Logitech case.

i)                    Comparative advantage theory

ii)                  Absolute advantage theory

iii)                New trade theory

iv)                Porter’s Diamond theory

v)                  Heckscher-Ohlin theory

b)      Relevance of the theories in explaining the configurations of Logitech’s global value chain

In the 19th century David Ricardo an economist recognized that a nation may be good at producing all products but would be more efficient by specializing in one (Christopher & Daco, 2012). The international trade has been revolutionized by technological advancements, connectivity, liberalization of trade and globalization. Differences in the opportunity costs of production explain the comparative advantage theory. The theory applies where a country is able to produce goods at a small opportunity cost than another country. The comparative advantage has seen countries specializing in production of goods that they are able to produce at low costs that increase productivity. The comparative advantage helps a country know what they can specialize in.  The specialization can be on what they do best while outsourcing the rest of the activities. Availability of low cost labor in a country can lead the country specializing in production of goods that require lower costs. A country with capital availability will specialize in activities requiring large amounts of finances (Suranovic, 2015). In the Logitech case the high productions in China at a low cost is a comparative advantage to the company.

Absolute advantage in a country’s production applies when they are able to efficiently produce goods more than other countries. Therefore, absolute advantage refers to differences in productivity of countries. When a country requires less quantity input to make productions they are considered to have an absolute advantage. The absolute advantage is based on a country or company being able to produce effectively at the same time using minimal resources (Rodrigue, 2013). In the Logitech case, China availability of cheap labor is an example of an absolute advantage. The distribution of operations in different countries where each country is great at performance of a particular operation is an absolute advantage. The opening of a company in Taiwan takes advantage of the absolute theory. In Taiwan there is skilled labor, an expanding computer industry and provision of space in a science-based industrial park.  The absolute advantage helps a company gain a competitive advantage over rival companies. The company is able to spend less while making profits because of the distribution of activities.

The new trade theory suggests that countries can benefit from trade with each other even when they do not have differences in resources and technology. This theory supports the first movers’ advantage.  The theory highlights the importance of geographical location of a company. The location preference is close to customers and suppliers to help lower transportation costs. Large population areas make a good center for production. The new trade theory also focuses on the individual characteristics of a company. Therefore, the theory recognizes that there can be  variations between companies. The best companies expand replacing the weaker firms which results to higher productivity (Sydor). This is relevant to the Logitech case because it was able to win prestigious customers like Apple who were buying their mice from the Alps, a Japanese firm. Therefore, Logitech was able to compete over the Alps firm by expanding in Taiwan, where they could produce more at low costs.

The Heckscher-Ohlin theory suggests that a comparative advantage is because of national endowment factors. The factors include labor, land, or capital. Using this theory countries are able to produce goods whose production require their most abundant resources. The theory allows for trade to be influenced by factor endowment and not just differences in technology. International outsourcing in a country provides economical access to production technologies that are new. The outsourcing provides inputs that were previously not present (Egger, 2002).  In the case of Logitech China provides labor while a country like Taiwan has space in the industrial park and skilled personnel. The theory is relevant to the Logitech company as they have outsourced most of their activities to different countries. The outsourcing helps in creating a quality product at a low cost. Combined with high productivity in a low wage country they are able to sell their product at a cost that is not pricey.

The Porter diamond theory looks into the factors that make some regions have certain industries. There are six factors in the theory that include, factor condition, public policy, home-country demand, competitiveness, supporting and related industries and chance. The factor condition explains why some regions may have particular industries. The factors such as natural and created endowments to some extent affect the activities in the region. The size and nature of product demand in a home country influence industry development. The demand also plays a major role in a company’s potential in seeking a global position. Related support industries help shape an company because of presence of suppliers and providers of a product. When a home industry is competitive with other domestic industries it has a high chance of being successful globally. Public policy and chance are the last components of the model. Incentives, infrastructure, subsidies and protection are government policies that can nature global industries. The chance component is influenced by entrepreneurial initiative being present, occurrence of scientific breakthrough as well as sheer luck (Kluyver, 2015).  The Logitech company is seen to consider these factors  in distributing their activities to regions that do well in particular industries.


c)      Theories that best explain the Logitech’s global value chain.

Comparative and absolute advantage theories can be used to explain how Logitech’s global operations are configured. The comparative theory says that a country benefits when involved in trade even when there is absolute advantage where they produce all goods.

A lot of their products are manufactured in China, where they employ 4,000 people. Manufacturing done in China is cost effective because of a large population of people living in semi-urban areas. Therefore, the government would allow for foreign companies to help in the population earning of a livelihood. The mass manufacturing enables employment of many people. The mass productions help cater for the mass consumption of the Logitech products. The presence of good infrastructure and connectivity plays a role in the global supply chain. Specialized services such as sorting and packaging, quality control, simple manufacturing and processing, are carried out in China. The activities are possible because of the availability of cheap labor.

Some manufacturing is also done in Taiwan where there are industrial parks. The parks solve the problem of acquiring land for the investors. High-value-added products can be found in the industrial environment. Industrial grouping is a hub for skilled labor. In Taiwan there are qualified people with an expanding computer industry.  Launching of new products is done in Taiwan as well as operations management. Logitech takes advantage of the facilities in Taiwan to produce quality products. Employing Taiwanese skilled staff avoids the cost of training staff in their home country for productions. The industrial parks provide a strong demand base for parts of a computer. Therefore, the manufactured products are also consumed in the same place. The industrial parks also mean that the company will not need to start from scratch in a foreign country. Rather the company uses existing facilities to their advantage of making more productions.

 Basic research and development is done in Switzerland and California. Retaining some of the basic activities in Switzerland is an important strategy. The country is known for precision industry and have the right talent to develop the software used in mice. The company in California provides Logitech with an opportunity to interact with other companies. The research and development carried out in California has the advantage of emerging technologies because of the Silicon Valley. By moving its headquarters to California, the company was trying to have a good image of their company and avoid the effects of country of origin.

      The designing firm in Ireland is used for ergonomic design. The advantage is that the ergonomic society in the country is active in promoting concerns of the human being characteristics. The discovery of the knowledge is used in designing devices of all kinds.

  The Porter's diamond theory can also be used to explain Logitech’s global value chain. The factors in the theory apply to locations where the company plants are located. The availability of related and supporting industries in Silicon Valley and Taiwan is an  advantage to the company. The industries help Logitech stay in touch with modern technology and new innovations. Rivalry between similar producing goods companies help maintain healthy competition. The competition results in production of high quality goods at a good price. Factor conditions such as the availability of cheap labor in China could have facilitated setting a plant in the country. Presence of industrial parks in Taiwan is an aiding factor in the setting of Logitech branch in the country. The availability of ready suppliers in China also creates a high demand for the Logitech products. China also provides modern factories and state of the art technology and equipment. The home based factors are seen in the Logitech case to influence their setting of plants in countries with favorable conditions.





            References




Christopher, C. G., & Daco, G. (2012). Ricardo's "comparative advantage" still holds true today. Retrieved May 20, 2015, from http://www.supplychainquarterly.com/columns/20121001-ricardos-comparative-advantage-still-holds-true-today/.

Egger, H. (2002). International Outsourcing in a Two-Sector Heckscher-Ohlin Model. Journal of Economic Integration , 687 - 709.

Kluyver, C. (2015). 2.3 Clustering: Porter’s National Diamond. Retrieved May 20, 2015, from http://catalog.flatworldknowledge.com/bookhub/reader/5579?e=dekluyverglobstrat_1.0-ch02_s03.

Rodrigue, J.-P. (2013). Transportation, Globalization and International Trade. Retrieved May 20, 2015, from http://people.hofstra.edu/geotrans/eng/ch5en/conc5en/ch5c2en.html.

Suranovic, S. M. (2015, January 12). International Trade theory and Practice. Retrieved May 20, 2015, from http://internationalecon.com/Trade/Tch40/T40-0.php.

Sydor, A. (n.d.). Global Value Chains: Impacts and Implications. Retrieved May 20, 2015, from http://www.international.gc.ca/economist-economiste/assets/pdfs/research/TPR_2011_GVC/02_Editors_Overview_e_FINAL.pdf.

University, N. C. (2015). What Is International Trade Theory? Retrieved May 20, 2015, from https://new.edu/resources/what-is-international-trade-theory.

Waehrens, B. V., Riis, J. O., & Johansen, J. (2011, August 29). Supply Chain Configuration Revisited – Challenges and Strategic Roles for Western Manufacturers. Retrieved May 20, 2015, from http://www.intechopen.com/books/supply-chain-management-new-perspectives/supply-chain-configuration-revisited-challenges-and-strategic-roles-for-western-manufacturers#SEC1.






Tuesday, 12 May 2015

A illustrated paper for 19th century dress class



AS ILLUSTRATED PAPER FOR 19TH CENTURY DRESS CLASS

In the 19th century, people wore clothes depending on the occasion under consideration. Different circumstances dictated the manner in which people were supposed to shape their mode of wearing their attires. For instance, there were those attires that were supposed to be worn by the people who were going out to a war. Further, there was those type of clothes that were worn by those people who were going out for a ceremonial purpose (Krohn 2011). Kings and queens along with other leaders were supposed to wear a particular form of clothes that were to symbolize their position in the society. Moreover, women and men had distinct types of fabrics as well as the young boys and girls. In view of this, this paper seeks to discuss the nature of dressing that were worn in the 19th century. The class of people who wore them along with their age among many other factors will also be other factors that will be discussed.

Firstly, kings and queens as well as other leaders wore clothes that could symbolize their position in the community. Fundamentally, the nature of textiles that were worn by the people of this caliber were not shared among the other people as they simplified the position of leadership. For that reason, if one was not a leader, he or she was not supposed to wear the nature of clothes that were designated to be worn by the officially established leaders (Phyllis and Keith 2010). As such, the other people were supposed to wear the nature of attires that were different from those of their leaders for the purpose of illustrating respect to their prevailing leaders. One would be perceived to have gone contrary to the provisions of the community if he or she wore the nature of attires that were set aside for their administrators. Consequently, everyone was made aware of the leadership attires for the kings and the queens so that every other person could avoid being caught wearing the same nature of attire. People were allowed to be creative on the nature of the dress that they manufacture though they were not supposed to craft the ones that were similar to those of the administrators. It was unlike the current world where there are no clothes for certain people in the society. Presently, people have the freedom to wear the nature of the costumes that presidents can wear since the world has gone through a form of evolution. In this regard, it is useful to the current world unlike the past era since people have the freedom of choice that is guaranteed constitutionally all over the world.

Secondly, people's design of wearing clothes could be dictated by the occasion under consideration. For instance, in events like marriage, people would wear clothes that had direct bearing on marriage. Costumes that could reflect the nature of the occasion under consideration is that issue of concern that many people were focused to attain (Cunnington 2013). In effect, this could be defined by the people who were concerned with organizing the event of discussion. In this case, the event is marriage whereby a committee that comprised of people who were well conversant with the occasion could be called to define the nature of the clothes that could be worn by the people who were involved in the marriage. In this perspective, it encompasses the people who were the constituents of the marriage along with their followers who participated in the event to witness the exchange of the vows between two people who were involved in the marriage. It is the nature of the clothes that were worn that could dictate the nature of the event that was taking place. People at a distance could foretell that a marriage was taking place by assessment of the outfits that were worn by the participants. They were of a definite type that one could get their actual identity even before enquiring about the nature of the event that was taking place. It was this way since many ordinary people were mostly called to design the nature of these clothes whenever an occasion of this nature was about to take place.

As the world came to evolve, people started having different types of clothing that could yet be dictated by the occasion that they were made to serve (Bernstein 2014). Accordingly, they were more improved compared to the initial models since newer methods of crafting attires were discovered. It is through exploration that new methods of cloth making were found which implied that outfits were made more perfect to suit the occasion of interest. Furthermore, machines that could aid the process of making the costumes were integrated into the process making the process more efficient than in the initial era. Materials that had never been used in the making of these clothes were incorporated in the experimental set-ups, and some proved to be suitable materials in the manufacture of clothes. As a result, it made the process of making clothes smooth and efficient. The current world enjoys a variety of materials that have their origin in the 19th century.



References

Bernstein, Aline. Masterpieces of Women's Costume of the 18th and 19th Centuries. London: Courier Corporation, 2014.

Cunnington, Willett. English Women's Clothing in the Nineteenth Century: A Comprehensive Guide with 1,117 Illustrations. London: Courier Corporation, 2013.

Krohn, Katherine. Calico Dresses and Buffalo Robes: American West Fashions from the 184s to the 189s. New York: Twenty-First Century Books, 2011.

Phyllis, G Tortora, and Eubank Keith. Survey of Historic Costume. New York: A&C Black, 2010.

Sunday, 10 May 2015

SYNTHESIZING ESSAY FROM SHORT STORIES AND POEM


 

 

 

 

 

 

 

 

 

 

 

 

 

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Synthesizing Essay from Short Stories and Poem

Growing up and growing older does not primarily entail the change in the one's size and shape. Further, it encompasses of change of individual's way of reasoning and perceiving circumstances. In this regard, the short stories and the poem have signified a unique way of the growing up and growing older. They have just illustrated the simple transition that an individual undergoes through as he or she evolves from one stage of life to the other. In view of this, this essay seeks to compare and contrast the different methods of the two distinct procedures until they are attained.

The growth process for girls in relation to how they perceive people of the opposite sex has numerous difficulties. First, the process in which a girl seems to choose for her to express her love affiliation to a boy leaves her in a total problem (Robbins, 2014). Fundamentally, she lacks the courage to approach the guy and propose her love for the man. For that reason, she keeps the man in her heart hoping that one day, things will turn around her wish and the love relationship will kick start. Sometimes, this is not always the case since the man may not notice the love developed towards him by the lady. In this case, the woman might end up becoming the loser since she failed to express herself to the man under consideration. At a mature stage, it may not be difficult for a lady to go ahead to propose to the man that she finds interested in, for a love relationship. A lady will be bold enough to approach a man and make a proposal to the guy. In the case that the man fails to respond according to the wish of the lady, it may take the woman a further step to convince the man how much she is finding life hard without him. If this happens, it might have an impact of prompting the man to turn his love to the lady. Therefore, this can only be a consequence of growing up. In the texts that have been provided, the center stage of immaturity has been demonstrated. At a mature state, people ought to be courageous enough to handle the situation as it comes along their way.

As demonstrated by the stories, the standard procedure of bringing a child up is by taking them to school (Boboltz, 2014). While the children are at school, they commence the initial stages of development. They are introduced to the basic writing and reading skills by their instructors. On the same note, their parents participate in the offertory of guidance and counseling to the children so that they can aid an efficient growth process. In this perspective, one will note that parents are essential to the growth process of a child. In fact, without the presence of the parents, children will just grow physically but fail to gain the mental growth that is necessary to ascertain the maturity of an individual. Moreover, teachers are also crucial when incorporated in the growth process of a child. They assist the parents on the role of bringing up children to make them morally upright individuals for the current and the future life. Whereas the growth process is not an easy procedure, it ought to be incorporated in the life of everyone for the transition period to be effected in them.

The reality is that it is never easy to make a proper transition to a young growing person. The affected typically find life difficult when they find that they are made to obey the set rules. They are not free to craft decisions of their own in the course of the growth process, other, their parents and teachers are the only mandated to craft the modes in which they should operate (Jenner, 2013). That is at the young stages of development; the young growing individual will usually find themselves on the side of adapting to obey all that is instituted by either the teacher or the parent. In this case, it makes the young ones find the growth process extremely hard course of life. Many growing people wish to have a freedom to formulate the ideas that they will have to follow while they execute their duties. For instance, a girl will not like it when the parents follow all her moves since she feels that the parents are compromising her freedom. They will seek to have a private life that is free from much scrutiny to enable them pursue their individual endeavors. In this perspective, boys find themselves secure since they do not find themselves in a screening that is similar to the one that girls undergo. For that reason, it gives them some form of freedom in their growth process, unlike the girls.

In actuality, the growth process is a complicated procedure that is determined by the change in which an individual reacts to circumstances. Some people may have a different perception that concerns growth but the truth is that one has to transform his or her modes of perceiving conditions from a simple form to a better one. When all this is possible, one can ascertain the process of growth has installed its root to the particular individual.


 

References

Boboltz, S. (2014, June 05). 18 Photos To Remind You That Growing Old Is Inevitable, But Growing Up Is Optional. Retrieved May 07, 2015, from Huff post: http://www.huffingtonpost.com/2014/06/05/growing-up-is-optional-photos_n_5440934.html

Jenner, M. (2013, April 27). Growing old is mandatory; growing up is optional. Retrieved May 07, 2015, from Musings of a Penpusher: http://maureenjenner.com/postings/growing-old-is-mandatory-growing-up-is-optional/

Robbins, A. (2014, November 12). Growing Up Vs. Growing Old. Retrieved May 07, 2015, from Intuit QuickBooks Online: http://thoughtcatalog.com/ascher-robbins/2014/11/growing-up-vs-growing-old/

 

 

Slavery in America during the 1800's

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Slavery in America during the 1800's
During the 1800's, America and particularly the Northern part had several challenges. The land was vast, there was a severe shortage of labor, and the work was harsh. Therefore, Men and women were required to provide the much-needed energy. African slaves provided a solution to the problem being most economical on large farms where labor-intensive cash crops could be grown. Through a well outlined criterion, this paper will set out the role of slavery in shaping the American History. It will also look into slavery and explain the arguments put into place in justifying slavery and how the slaves reacted as a means of resistance. In addition, it will explain the action by Congress in guaranteeing equal rights for slaves and in their treatment as American citizens.

Slavery had proven unprofitable through the end of the American Revolution. In the South, they became less useful as they saw a fluctuation of tobacco prices and to a sudden fall in prices (Faust). However, the invention of the cotton gin by Eli Whitney made it possible for textile mills to use the type of Cotton that was easily grown in the South. As a result, tobacco was replaced by cotton and once again slavery became profitable. With the increased benefits of slavery, the Southerners ignored the moral and constitutional issues it raised and wholly embraced the institution. They argued that slavery was a benevolent type of system through which they were clothed and fed and most importantly, occupied.

Slaves typically received different forms of treatment. The treatment ranged from mild to extreme cruelty and sadistic. Family units would be dismantled with the mother, father, and children being sold away separately. Punishment through whipping was standard, and they had no legal channels of being in a position to protest the harsh treatment. As a result, Southerners feared that the slaves would cause open rebellion but this was rare. However, they would organize slowdowns, commit arson and murder, feign illnesses and sabotage farm machinery. The slaves would also run away for short periods as a way of resisting the cruelty of their masters.

The Civil War brought a new turn of events to the American nation. Initially, the war was a struggle to preserve the Union and not as an effort to free the slaves. However, a majority of the people in the North and the South believed that the conflict would decide both issues (Bowman). A majority of the slaves escaped towards the North during the early period of the war. The escapees enlisted to fight in the war on both the Union and the Confederate side serving in the navy and support positions. However, even after the slaves were freed and enlisted in the army, they never received equal treatment. They never received equal pay nor did they receive clothing deduction. Those that were captured by Confederates received harsh treatment than the white prisoners of war.

The Congress made efforts to ensure that the slaves enjoyed all the rights of an American Citizen. It passed laws that permitted the seizure of slaves from the property of rebellious Southerners. In 1862, President Lincoln presented the Preliminary Emancipation Proclamation. The document decreed that all slaves who would be in rebellion one hundred days after September the 22nd would be free thenceforward and forever.  Lincoln also established an institution where blacks would join the United States Army and promised them an unprecedented level of integration. After the end of the Civil War, the American government adopted the 13th Amendment to the Constitution on December 6, 1985. The amendment outlawed any form or practices of slavery in the nation. Congressional work helped slaves a great deal, and the African-Americans began being viewed as normal people. However, they did not gain equal status among the whites but the laid out laws by the Congress was a good place to start.

With the above illustrations and explanations, it is quite clear that the issue of slavery is important in the Historical books of the United States. It rotates around the issues of freedom and liberty to every American citizen. Slavery and freedom form a very close link and has been incorporated in the Historical Books of the American history. Despite the substantial advocacy of slavery in the 1800’s, through congressional efforts, the inhumane slavery institution came to a standstill.


 

Works Cited

Bowman, John S. Encyclopedia of the Civil War. Dorset , 1992.

Faust, Patricia L. Historical Times Illustrated Encyclopedia of the Civil War. HarperCollins, 1991.

 

 

Tuesday, 5 May 2015

Land Law




Land Law
Compare and contrast how mortgagees and landlords can repossess property in situations of default by the mortgagor or tenant. Discuss whether you think any difference is justified.
In the Landlord Tenant Act, the tenants have the legal liability of repairing their flats and the landlord is under no obligation to do the same. This however is restricted to the fact that the landlord did not provide any legal ramifications and liability on the covenant with the tenant. In the occurrence that the landlord agreed to undertake some duties in the course of the lease, the tenant is under no obligation to repair prats of the building that maybe damaged. If the lift is not working or the stairs are damaged, it is the obligation of the landlord to ensure that the same is repaired. If not, the tenant can take the necessary legal steps that would end up in their favour regarding on how the facts are presented and the terms of the lease agreement.
The landlord is legally bound to undertake due diligence and ensure that services towards the building are undertaken. Such services include water and lighting. This is because, the tenant cannot be hold responsible for the collective damage of services that affects almost everyone in an apartment block. The lease agreements are very specific on the duties of each of the parties involved. An example of such regulations is that tenants are always obliged to use the building or the flat based on the stipulation of the agreements. Bright, (2007) states that if a client leases an apartment for personal use then later turns the same for commercial business, the landlord can cancel the lease agreement and the tenant is not liable to any of the damages accrued. In addition, some landlords are very specific regarding what activities should be undertaken in an apartment block or a commercial building.
Landlords having granted a lease agreement to the tenant should minimize the level of interference in what the tenant does. Such interference should only occur if the situation warrants for any interference. The law is very clear on who takes the blame in relation to any conflict that may arise from an agreement between a landlord and a tenant. In most cases, landlords fail to issue any warranty regarding the repair of any broken facilities of the building in what is known as ‘let the lessee beware’ (caveat lessee). However, there is a limited assumption in this case where the law only implies and does not state on the situation of a building during tenancy (Smith v. Marrable).The implication here is that the landlord is aware of the state of the building during before the tenancy and any changes or damages to the building are held against the tenant.
In most cases, the courts are aware that the tenants are in no position to negotiate effectively with the landlords owing to the demand for housing. In Liverpool City Council v. Irwin, which mainly concerned the liability of the landlord regarding maintenance, the judges were ‘reasonable’ to discredit past precedence in the same area and use reason to rule in favour of the tenant. However, there were still some judges who dissented with the ruling saying that the law must be ‘implied’ in cases involving the liability of the landlord to the tenant. However, tenancy issues are much complicated. Assuming that the lease of a building expires after 999 years, it is very likely that none of the parties involved will be around to experience the completion of the lease. During this period, a lot of this will have happened. The building might have changed ownership several; times bringing in a new landlord and a new tenant who were not party to the original lease agreement. Such a situation bring in serious legal complications regarding the liability of the new landlord or the new tenant and how the said parties can execute any of the terms agreed upon on the original lease.
The Landlord and Tenant (Covenants) Act 1995 implies that provides a clear distinction of what are regarded as new and old leases. The distinction between the two is that both leases offer discrete obligations and liability on new parties introduced to the lease, pursuant to the Ac, a lease may have aa covenant where the tenant restricts the landlord from executing preference actions on the lase. For an absolute covenant, the tenant is legally bound not to sublet a building pursuant to the lease agreement. However, the alienation of the lease can be altered to disqualify the absolute powers of the landlord and introduce a new agreement saying that the tenant can only sublet with prior agreement with the landlord. New leases however offer some lifeline for the tenants. The new leases have what is called qualifying lease that seeks to compel landlords to allow the tenants sublet a building if there was a prior agreement on the same. The landlord however can impose restrictions on the tenancy agreement if the conditions set to impose indicate that the landlord is not being unreasonably withholding consent.
Tenants can forfeit a building if any of the pre-set conditions in the lease agreement are violated. Such violations include failure to pay rent, agreements in relation to repair of buildings, subletting or selling a building contrary or without the consent of the landlord and alteration of the premises. Most of the agreements contained in the lease agreement are mostly signed by the tenant in accordance to the situation at hand. At this point, the landlord is considered as having the upper hand in setting the rules and regulations regarding the covenant. However, the landlords themselves can also violate some of the covenants contained in a lease agreement thus allowing the tenant to sell a building. Such violation include the obligation of repair and to insure.
Discuss the extent to which the Variation of Trusts Act 1958 mirrors the power of adult beneficiaries to vary the trust under Saunders v Vautier.


The major rule in trusteeship is that the settler’s wishes are supposed to be executed to the latter. However, there are various circumstances that may arise and necessitate the variation of the settler’s wishes but under the consideration that such a variation does not necessarily warrant a court process. In general law, it is assumed that the trust instrument is not in place to confer powers to undesirable or relatively parties not involved in the original process but rather to allow discretionally powers among the trustees.
The rule in Saunders v Vautier
The ruling in Saunders v Vautier allowed trustees to effect any variation in the absence of any express powers as provided by the statutory law. The ruling argued that provided that all the trustees are adults sui juris and the fact that they have collectively agreed to settle amongst themselves the trust property, the process can be carried out if at all there is no objection from an individual within the trust unit. In the Trusts of Land and Appointment of Trustees Act 1996,(6,7) dictates that the trust of land is not just inclusive of the material property that is land but rather, any proceeds that maybe derived from the sale of the said land. This acts also conveys extra legal rights for the subdivision of trust land including conveying the partitioned land to the beneficiaries. Now, in law it is assumed that there is bound to be some conflict between the trustees and the beneficiaries. Matthews, (2006) argues that in such situation, the law is very clear on who the beneficiaries should complain to in the occurrence that there is a complaint against the trustees.
The application of the Saunders v Vautier can be seen to imply and create precedence in relation to how trustee of a trust should be defined and allowed to share the assets. In simple terms, if an individual decides to leave his grandchildren who are all alive at the time of his death £10,000 each, the trustee is allowed to hold the money for all the beneficiaries until they are of legal age as expressed in the trust. This implies that the grandchildren cannot compete under the legal structure to hold the amount before the trust can be executed. For the trust rule to be applied, the trustees must attain a certain age as dictated in the trust. The concept of concept of consent however comes in when particularly dealing with assets and property. The consent between all the beneficiaries can subvert the court process and agree amongst themselves to execute the trust.
Southgate v Sutton [2011] EWCA Civ 637 the Court of Appeal (Mummery, Smith and Wilson LJJ)
In Southgate v Sutton, the Court of overturned an earlier decision by a judge from a lower court that had granted the trustees to create a sub fund which was considered contrary to the legal provision that regulate the trust instrument. The trustees had applied for powers to create a sub-fund despite most of the trustees having interest in income over all the trust assets. The judges ruled that by creating a sub fund, the trustees who earned interest over all the trust assets were subverting the course of the trust instrument and the legal ramifications that would arise from the fact that some of the trustees resided in the U.S while others were in the U.K. The overall ruling was that the power to create a sub fund was not interest and therefore the court had no power to create the same.
One of the major characteristics of trusts is that they are subject to regulatory authorities as conferred by the law. Ina addition, trust are considered as liability to a country owing to the fact that they are not liable to any tax remits despite the heavy allowances that is charged by most trust organization. This is the major reason why it is considered extremely beneficial to have an authority that governs and regulates trusts. “Trustees that are under charitable trusts are under Charity Commission where the charitable trustees are required by law to submit their annual reports” (Pearce et al, 2010). The commissioners of the Charity Mission are obligated ay the law to discipline any trustees found to have acted contrary to what the law dictates. In addition, trusts are subject to the occupational pension trusts that regulate retirement pensions that are remitted by trusts under this category. What is important to note is that trusts are very flexible legal devices that are at the discretion of the employers in such a way that the employers are able to choose the trustees themselves. This means that employers have obsolete control of the trustees and trust but this does not mean that chances of fraud are zero.
References
Bright, S. (2007). Landlord and Tenant Law in Context. Hart Pub
Matthews, P. (2006). The Comparative Importance of the Rule in Saunders v. Vautier. LQR, 122, 266.
Liverpool City Council v. Irwin
Pearce, R., Stevens, J., & Barr, W. (2010). The law of trusts and equitable obligations. Oxford University    Press.
Smith v. Marrable
Southgate v Sutton [2011] EWCA Civ 637 the Court of Appeal (Mummery, Smith and Wilson LJJ)

The Movement of Enlightenment in Europe from 1650-1780

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The Movement of Enlightenment in Europe from 1650-1780
The age of enlightenment was a period in early modern history where western societies made a shift from a religious based authority to one of scientific reason. The age embodied tremendous social and intellectual advancements. Centred in the 18th Century, the enlightenment intellectual movement was one that had its roots in philosophy and more importantly within the western philosophy. Despite the international scope of the movement it was more centred in France, which had assumed an unprecedented leadership in European intellectual life. It is a movement that marked a rise of the western influence in Europe from 1650-1780. Great thinkers in France, Britain and all over Europe began questioning traditional authority and started embracing the notion that humanity can be improved through rational change. European politics, science, philosophy, and communications were re-oriented during the course of the enlightenment movement.
As a result of the enlightenment movement, Europe’s sense of identity was defined and shaped. Through the movement, numerous inventions, scientific discoveries, laws, wars and revolutions, essays, and books were produced. Since there existed no unified Enlightenment, this essay will focus on the movement of Enlightenment in Europe from 1650-1780. This historical time frame existed when Isaac Newton published his Principia Mathematica and John Locke, who published his work: essay concerning Human Understanding. The two works formed the basis in a scientific, mathematical and philosophical sense for the enlightenment’s major advances. The essay will also focus on how the enlightenment movement shaped Europe’s sense of identity in religion, science, politics, social science, and imaginative literature.
Origins of the Enlightenment movement
The movement can be regarded as the third and the last phase of the process by which European thought and intellectual life was modernized in the early modern period. What preceded the movement were the stages of Renaissance and Reformation. Its relation to the two stages was relatively paradoxical since the Enlightenment represented their cancellation and fulfilment. The enlightenment marked the moment that the spell of the Renaissance which was the conviction of absolute superiority of ancient times over modern civilization was broken (ushistory.org).
The revolt against cultural and intellectual authority through the Enlightenment movement was very dramatic. As a result, the critique by the Protestants against the Catholic Church for its exploitation of its charges through ideological delusion was extended to Christian religion. Other than religion, the Enlightenment marked the period at which the most fundamental extreme sources of intellectual authority in Greco-Roman, Europe, and Judeo-Christian were overthrown. What made this intellectual liberation possible was the fact that, the primary thinkers of the Enlightenment were clear of the origins of their own set of ideas. These ideas could be traced back to the set of pioneers from the mid-seventeenth century. The founders had one thing in common in that they all had the idea of the willingness to depart from the tradition in one domain of thought after another. The result for this was the development of the most advanced though of the 17th Century which was popularized in the course of the eighteenth Century.
The Impact of Enlightenment in Europe
            During the late 17th Century and the early 18th Century, scientists like Isaac Newton began challenging the old order. Newton’s law of gravity and motion explained the world in a more natural law rather than a spiritual one beyond any spiritual force or being. On the other hand, Locke a writer made clear the point of changing a government that never protected natural rights of life, liberty, and property. People began to question the existence of God who could predestine human beings to eternal condemnation and put into place a tyrant for a king (ushistory.org). Through these ideas, Europe could be forever changed since the ideas formed its sense of identity.
American intellectuals also read these ideas. Religious leaders began to change the old outdated ideas and positions. An emphasis on similarities rather than the differences between the Anglican Church and the Puritan Congregationalists began. The Massachusetts minister who was a strong advocate on existence of witches advocated for the use of science to immunize citizens against Smallpox. Harvard ministers also became very liberal such that there was the creation of Yale College which was founded with an aim of retaining the old Calvinist ideas. By the end of the Century, England ministers became so Unitarian that they started doubting the divinity of Christ.
The old way of life was defined through superstition, absolute submission to authority, and an angry God. However, the enlightened movement brought in a new way of thinking that championed the accomplishments of humankind. Individuals did not have to feel desperate since Science and reason could be a source of happiness and progress. Kings no longer ruled through divine right but on the basis that they had a obligation and a duty towards their subjects. Europeans have since pondered through the implications of the enlightenment movement. The paragraphs that follow will explain the main ideas behind the enlightened movement and how Europe was defined by those events and ideas.
Ideas behind the Enlightenment Movement
            Prior to the enlightenment period religion was the dominant political force across Europe (Israel). The Catholic Church had established tremendous spiritual authority during the middle ages. Such authority is evidenced through the powerful investiture controversy that existed in the 11th Century. Despite the force that came with the enlightenment movement monarchs still tried to legitimise their authority using religion. However, the age of reason challenged the supremacy of religion in both the political and social life of the people of Europe. Hostility towards established forms of religion is regarded as the most commonly associated idea of the enlightenment. Conversely, the movement is characterized as where modern paganism has its roots. A majority of those who adhered to the movement were wholly averse to the idea of theism. They criticized the belief in miracles and all forms of divine intervention, the status accorded to the Bible and all claims associated with Christ’s divinity. Ardent followers of the movement were of the opinion that, Catholic and Protestant traditional churches were forms of institutional oppression and exploitation (Israel). Generally, the enlightened opinion of the great thinkers opted for the compromise of natural religion. Their opinion received a deal of sincere devotion in many different forms. Therefore, the enlightenment movement played a significant role in shaping the modern day religious identity in Europe and the whole country’s identity in general.
Through demotion of religion in Europe by the Enlightenment movement, there was promotion of Science (Israel). Natural philosophy as dictated by Newton began to spread across Europe based on the fact that Mathematics was the new universal language. The thought of Aristotle referred to as the Aristotelian thought was replaced by better and more accurate observations. Scientists made efforts to explain phenomena’s rather than devising complex theories. In the field of medicine, the old idea of humours came to an end and medical practitioners developed numerous ways of looking at the body and physiology in functional ways. Theories in medicine were done away with as the discovery of the microscope aided the physicians in physiological ways of looking at the body. On the other hand, alchemy lost its touch in its mystical and occult symbolism where a majority of the alchemists became physicists and chemists. Astrology’s influence also declined as a result of the invention of the telescope and Newtonian Physics transforming form astrology to astronomy. Astronomy took a much pragmatic role in trying to explain the universe. The new approach to knowledge also paved way to industrial revolution where geologists and engineers started to find coal and metal ores in order to start mass production of goods.
The 17th Century saw a profound revolution in political thought. The revolution was marked by the emergence of the modern natural rights tradition of Locke, Hobbes, Grotius, and Pufendorf. A primary achievement during this era was popularizing and disseminating this tradition through summaries, translations, and commentaries. By the 18th Century, natural rights, state of nature, and civil society which were all encompassed in the natural rights tradition entered into the Enlightenment political thought. The thought embraced wholly the idea that, the only legitimate basis of political authority was consent. Locke was of the idea that authority is derived from the consent of the governed. Before that people had the notion of the divine right of kings where nobody except God or the Pope could tell what a king ought to do or should do. In the sense of political politics, a majority of the thinkers during the enlightenment embraced a monarch type of administration which is still the dominant state-form in Europe.
The enlightenment movement viewed Classical era of Rome and Greece as a model for contemporary life. People like Johann Winckelmann regarded ancient Greece as a place where male friendship was celebrated, nudity encouraged and the male form admired (Israel). The fascination of ancient Greece led to the production of homoerotic poetry as translation from Greek to European languages. During this age of enlightenment, there was an increased sexual frankness that saw the production of numerous Pornographic materials and works of erotic acts. The most notable pornographic work was by John Cleland which featured graphics of both male and female homosexuality. Sex was also introduced in many other genres, opening a new era of candidness in matters related to sex. In addition, numerous cities during the enlightenment started acting upon homoerotic ideals. Particularly, male prostitution networks prospered in London and Paris.
Through imaginative literature, enlightenment ideas were expressed and communicated. Poetry, plays, and fiction were the primary vehicles for the expression of these ideas. In Europe, the torchbearers of enlightenment literature and philosophy were Voltaire and Jean-Jacques Rousseau. Jean was a strong advocate for social reforms of all kinds who invented the autobiography as it is known today. However, his most remarkable work was Emile a piece of non-fiction that argued for extensive and liberal education as a means for creating good citizenship. Jean’s work would remain influential in Europe and the entire world even after his passing. Voltaire on the other hand employed dry wit and sarcasm to entertain his readers while still making a conviction argument for reforms. Voltaire is considered as the pen name of Francois-Marie Arouet. The pen name shielded him from persecution which his writings strongly advocated for and encouraged. Voltaire used the terms intolerant and backward when referring to the churches during that time portraying his harsh criticism in his work. Voltaire and Jean are well-known for their works of literature that promulgated Enlightenment philosophy for the sake of making the world a better and fairer place. The fairness that exists in Europe today was shaped through literature works and ideas by writers and poets such as Jean and Voltaire who contributed to Europe’s sense of identity.
In conclusion, it is clear that the enlightenment have changed Europe and the entire world, just as much as the Reformation and the Renaissance before it. It has defined Europe across all fields including; religion, science, politics, social science, and imaginative literature. However, the change has not been easy since it has been interwoven in intended and unintended consequences. There is still no sign that the enlightenment is over unlike the Renaissance and the Reformation periods. The era of intellectual modernization through the enlightenment movement is far from over since there exist no intellectual movement that has yet to surpass it. The movement has attracted massive support and advocacy whose aim is to defend its political and intellectual legacy. The most famous promoter of the enlightenment movement today is Jurgen Habermas who has constantly urged the Left to embrace what he terms as the unfinished business of the enlightenment. Kant who is one of the great thinkers during the period answered the question of whether we live in an enlightened age by saying that we do not live in an enlightened age but in an age of enlightenment. Therefore, more change and a new Europe could be coming.


Works Cited
Israel, Jonathan I. Radical Enlightenment: Philosophy and the Making of Modernity 1650-1750. New York: Oxford New York, 2001.
ushistory.org. “The Impact of Enlightenment in Europe.” 2015. 23 April 2015 <http://www.ushistory.org/us/7a.asp&gt;.