Monday, September 30, 2019

Hazing Essay for Law Essay

Hazing is a term that many people are familiar with, but not everyone thinks of it in the same way. Hazing can be defined as â€Å"any act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in a group or organization.† The issue of hazing can be controversial at times because some feel that it is nothing more than a way for a group to bond, but others fight against all kinds of hazing because of their belief that hazing is a serious threat to those who have to endure it, especially the youths of the world. Hazing is most often associated with fraternities, but it is an issue in many different organizations, including sororities, the military, athletic teams, student clubs (such as marching bands), and in high schools. Those who have never been involved in hazing may wonder why the victim would agree to the often humiliating or dangerous initiation rituals. The most common answer to this question is that they participated because they believed it would give them a sense of belonging, despite the fact that these so-called traditions may harm the participants. Most anti-hazing laws make it clear that it does not matter if a person consented to be subject to hazing because of the pressure they are under at the time and their lack of knowledge about what the process would involve. One of the most common forms of hazing, especially within fraternities and sororities, is the forced consumption of alcohol, often in lethal doses. One such incident involved Chuck Stevens, who was taken from his dorm in New York State, locked in the trunk of a car, and forced to drink a mix of bourbon, wine, and beer. Chuck died as a result of being hazed, and his mother, Eileen, has since founded the Committee to Halt Useless College Killings, or C.H.U.C.K., in memory of her young son. This organization promotes awareness and educational programs, tries to find alternatives to hazing, and works towards stricter anti-hazing laws. People’s perception of exactly what hazing is often varies form person to person, which makes it hard to separate acceptable traditions from unacceptable traditions. Even people who have witnessed hazing rituals or been a part of a hazing ritual are reluctant to label it â€Å"hazing† because of the stigma associated with the word. Victims of hazing will often not report the incident because they are unsure if what they suffered is classified as hazing and they are afraid of no longer being a part of the group they had worked so hard to join. A study conducted at Alfred University explored the various reasons why anyone would want to participate in a hazing ritual. Nearly half of those surveyed answered because they thought it was fun and exciting, but the majority of those students were only subjected to humiliating hazing. Other reasons include they were scared to refuse, they felt it brought the group closer, they wanted to get out some aggression through fighting, and they were immature when they agreed to the hazing. The study also discovered that many students did not know whether hazing was illegal in their state, and that if there was a law, it made no significant difference in the level of hazing behaviour. Hazing is something that occurs much more than we are aware because most incidents go unreported. Those students who did report hazing also reported both positive and negative consequences of the actions committed by them and by others. A common occurrence among those hazed was depression, which often included anger, and if the hazing was physical, the victim may suffer internal bruising and pain. Not all hazing has such serious penalties, though, and one positive aspect that was reported by students is that they felt they had gained a valuable life experience and had been able to mature. The outcome of hazing is different for each person who goes through it and it all depends on what type of hazing they endure and for what purpose they felt it was worth agreeing to. Aside from hazing taking place in the fraternities and sororities of universities, it is also a dominant problem in schools athletic teams. † Nearly 80 percent of student athletes reported being subjected to one or  more hazing behaviours, ranging from shaving their heads to being tied up and paddled, as part of their team initiations.† Amazingly, only twelve percent of these students were willing to call what they had gone through hazing. Many rookies, especially males, are also forced to humiliate themselves and others through some kind of sexual abuse or nudity, such as walking around naked while holding another mans genitals. Members of the University of Vermont’s hockey team in reportedly carried out this shocking behaviour in October of 1999. Former UVM hockey player Corey LaTulippe, who filed a civil lawsuit against the university, has told the media that he was repeatedly subjected to hazing by other members of the team, and that school officials did nothing to end it. Women’s athletic teams also face hazing rituals, but they are more likely to embarrass their rookies, where men are more likely to be involved in extreme hazing, such as beatings or theft. In addition to hazing being a major component of universities and high schools, it is also an issue that the military must deal with constantly. Military hazing â€Å"can be used to describe anything from a good-natured punch on the stripes when someone is promoted, to Navy chiefs who make a new chief wear a dress, to boot camp activities when superiors or peers try to transform a balky recruit into a trustworthy team player.† Hazing is an issue for branches of the military all over the world, including Canada, the United States, and Russia. Hazing in the Russian armed forces can be particularly harsh, considering that many first-year soldiers die at the hands of their â€Å"grandfathers,† or their superiors. In the United States, the public knew nothing about military hazing until 1956, even though it began over a century ago. Just a few short years ago, there was a scandal that rocked the military when videotapes of Marines participating in blood pinnings were released to the media. This initiation ritual involved Marines ramming gold-wing pins into the chests of fellow Marines, which sickened all those who viewed the graphic footage. Despite the many dangers that are associated with hazing, experts warn against eliminating it altogether. Sociologist Jamie Bryshun has said that â€Å"the traditions often run too deep, and nothing any coach or university administrator says or does can end them.† There is fear that if all hazing  is completely forbidden, then the organizations will just take it underground, where it may become even more dangerous. Different groups have tried to come up with alternatives to hazing, such as planning special events as a way for the members to bond with each other. The penalties for participating in hazing are on the rise. Hazing is now illegal in 41 states in the U.S.A., and many are working towards increasing that number. Under Texas law, hazing has been committed if a person engages in hazing, solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing, intentionally, knowingly, or recklessly permits hazing to occur, or has firsthand knowledge that a hazing incident is being planned or has occurred and does not report their knowledge to the proper authorities. Even if the person has agreed to be a part of the hazing activity, it is still classified as hazing and charges could still be filed. Some criminal penalties include: a fine up to $1000 and/or up to 180 days in jail for failing to report hazing, a fine of $1000-$5000 and/or 180 days to one year in jail for being involved in hazing that resulted in serious bodily injury, and a fine of $5000-$10000 and/or one to two years in jail for participating in hazing that resulted in the death of someone. Despite the increase in awareness about the subject of hazing and the tougher anti-hazing laws, it is still a major problem for organizations all over the world. Even though many have died and countless others have been hospitalized, the trend of dangerous hazing has continued to grow, and it will not end until groups such as universities and the military receive a major wake up call. It is up to the leaders of the organizations to ensure that all its members are made to feel safe and no longer pressured to participate in activities that they know could endanger their lives.

Sunday, September 29, 2019

Sale & Attachment of Property in Execution Decree

Chapter – I Introduction & Research Methodology 1. Introduction: The passing of a decree by a competent court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, thus creating substantive rights in favour of the decree-holder. However, lately it has been seen that instead of following the terms and conditions of the decree, judgment-debtors have been placing a number of obstacles in the way of a decree-holder. In fact, such a trend has become so prevalent that it has forced the Supreme Court to opine that ‘the difficulties of a litigant begin when he has obtained a decree’. Conscious of the significance and importance of giving effect to the decree and orders passed by competent courts, the Code of Civil Procedure provides for elaborate rules for the execution of decrees. In an attempt to ensure that a decree-holder is able to realize the benefits out of the decree, the Code of Civil Procedure gives a number of modes for the execution of decrees. One of these modes of execution of decrees is the process of attachment and sale of the properties of the judgment-debtor. Since, a decree holder does not by virtue of the judgment, get a right to the property, he cannot get the right by way of filing a suit but by attachment and sale in execution. While through the process of attachment the court informs the world that the property so ordered to be attached is â€Å"in its view† and â€Å"no existing rights and liabilities should be altered†; through the process of sale of the properties of the judgment-debtor, the Court diverts the money so collected to the decree-holder in satisfaction of his claim. However, by its very nature property may be of different types. Therefore, a judgment-debtor may possess either movable or immovable properties, or both. Thus, keeping in regard the differing characteristics of these two types of properties, the Code of Civil Procedure prescribes different procedures for the attachment and sale of movable and immovable properties. It is the endeavour of this project to examine the process of attachment and sale of movable and immovable property in a money decree and to intellectualize the reasons for the different process for the attachment and sale of movable and immovable property. 2. Research Methodology: The research scheme undertaken by the researcher is comprised of doctrinal study of the books available at the library of the Institute of Law and besides that the researcher has also taken the help of the internet to look into some of the Interpretation of some cases and principle of natural justice and the researcher the also taken in view the various cases which are relevant for the research work. 3. Research Hypothesis: †¢ What are the conditions under which attachment & sale of property becomes necessary, can it be done & how it is done. . Aim of Research: The aim of this project is to find out why sometimes it becomes very much necessary for the attachment of property even after the judgement has been declared & to examine the different ways under Code of Civil Procedure which provide for sale and attachment of property. 5. Scope & Limitation of Research: The scope of this project is limited to the study of the various provisions regarding attachment and sale of property in execution of decrees provided for in the Code of Civil Procedure. Chapter – II Attachment of Property . General: Section 51 (b) empowers the court to order execution of decree by attachment and sale or by sale without attachment of any property. The court is competent to attach the property if it is situated within the local limits of the jurisdiction of the court. [1] It is immaterial that the place of business of the judgement – debtor is outside the jurisdiction of the court. The words attachment and sale in clause (b) of section 51 are to be read disjunctively. Therefore, the attachment of the property is not a condition precedent. Hence, the sale of the property without an attachment is not void or without jurisdiction and does not vitiate the sale. It is merely an irregularity. An order of attachment takes effect from the moment it is brought to the notice of the court. Rule 54 provides for the attachment of immovable property and the procedure for the proclamation of such attachment. The object of Rule 54 is to inform the judgement – debtor about the attachment so that he may not transfer or create encumbrance over the property thereafter. [2] The code enumerates properties to be attached and sold in execution of a decree. 3] Likewise, it also specific properties which are not liable to be attached or sold. [4] It also prescribes the procedure where the same property is attached in execution of decrees by more than one court. [5] The code also declares that a private alienation of property after attachment is void. In Ghanshyam Das v. Anant Kumar,[6] while dealing with the provisions of the Code of Ci vil Procedure relating to the execution of decrees and orders, the Supreme Court had stated that the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with the question of execution of decrees. More specifically, Section 51[8] of the Code of Civil Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. 2. Object of Attachment: Execution of a decree takes place by attachment of property of judgment-debtor. In fact, the attachment of the judgment-debtor’s property s the preliminary step to the sale of property in execution proceedings and the underlying object of attachment of the property is to give notice to the judgment-debtor not to alienate his property to anyone and also to the general public not to purchase or to deal with the property of the judgment-debtor attached in execution proceedings. 3. Effect of Attachment: Section 64 of the Code of Civil Procedure makes it manifest that attachment has merely the effect of preventing private alienation to the prejudice of claims under attachment. It conveys no title, charge, lien or priority in favour of the attaching creditor. In fact, in Subbarao v. Official Receiver[7] the Andhra Pradesh High Court while dealing with the involuntary sale of the judgment-debtor’s flat under a decree of a court, stated that an order of attachment does not prevent a transfer by operation of law and nor does it create any interest or lien. 4. Property which can be Attached: Section 60 of the Code of Civil Procedure enumerates the properties, which are liable to attachment in execution of a decree. It states that all saleable property (movable or immovable) belonging to the judgment-debtor or over which or the portion of which he has a disposing power which he may exercise for his own benefit may be attached and sold in execution of a decree against him. More specifically, in State of Punjab v. Dina Nath,[8] wherein the right to officiate at funeral ceremonies was held to be not saleable, it was stated by the Supreme Court that Section 60 of the Code of Civil Procedure is not exhaustive and specific non-inclusion of a particular species of property under Section 60 is therefore, not of any consequence if it is ‘saleable’[9] otherwise. However, regard must be had to the proviso to sub-section (1) of Section 60, which enumerates certain properties such as necessary wearing apparel, cooking vessels, beddings, tools of artisans, implements of husbandry, houses of agriculturalists, wages, salaries, pensions and gratuities, compulsory deposits, right to future maintenance etc. and declares that the properties specified therein are exempt from attachment and sale in the execution of a decree. . Attachment of Movable Property: The attachable property belonging to the judgment-debtor may be either movable or immovable in nature. Rules 43 to 53 of Order 21 of the Code of Civil Procedure lay down the different ways in which the movable property belonging to the judgment debtor is to be attached keeping in regard the nature of the specific movable property sought to be attached. 1. Attachment Of Movable Property (Other Than Agricultural Produce) In Possession Of The Judgment-Debtor: Rule 43 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of all movable property, other than agricultural produce and property not in the possession of the judgment-debtor, for both of which provision is made in Rules 44 to 46 of Order 21 of the Code of Civil Procedure. Under Order 21, Rule 43, the attachment is legally effected only by actual seizure. Significantly, keeping in view the varied nature of the movable properties that may be attached under this rule the Proviso to Order 21, Rule 43 of the Code of Civil Procedure provides that when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. 2. Attachment of Debt, Share & other property not in Possession of Judgement – Debtor: Rule 46 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of debt, share and other movable property not in the possession of the judgment-debtor. Under Order 21, Rule 46 of the Civil Procedure Code the attachment of debts (other than negotiable instruments), shares in a corporation or other movable property not in the possession of the judgment-debtor is legally effected by a prohibitory order, as contradistinguished from the requirement of actual seizure under Order 21, Rule 43. . Attachment of Negotiable Instrument: Rule 51 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a public officer. Under Order 21, Rule 51 of the Civil Procedure Code the attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a publ ic officer, is legally effected by actual seizure. As regards negotiable instruments it does not matter whether the negotiable instrument is in possession of the judgment-debtor or not. Furthermore, the actual seizure of the negotiable instrument is necessary as there is always a danger that third parties may bona fide become possessed of the negotiable instrument, and if a prohibitory order is held to be a valid attachment, they would be prejudiced by such an order of which they may know nothing. 4. Attachment of Salary or Allowance: Rules 48 and 48-A of Order 21 of the Code of Civil Procedure deal with the mode of attachment of salary of the judgment-debtor. Under Order 21, Rules 48 and 48-A of the Civil Procedure Code the attachment of judgment-debtor’s salary or allowance is legally effected by issuing a prohibitory notice to the dispersing officer but if such prohibitory notice is not served to the dispersing officer, the order of attachment will have no effect. Furthermore, the territorial jurisdiction is not considered in this case, and wherever the judgment-debtor is working his salary can be attached. 5. Attachment of Immovable Property: The attachable property belonging to the judgment-debtor may also be immovable in nature. Rule 54 of Order 21 of the Code of Civil Procedure lays down the directions as to the mode of attachment of immovable property, which are mandatory in nature and not merely directory. Under Rule 54 of Order 21 of the Code of Civil Procedure the attachment of immovable property is legally effected by the issuance of an order by the Court prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. Such an order is to be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house. Also, where the property to be attached is a land paying revenue to the Government, a copy of the order is to be affixed in the office of the Collector of the District in which the land is situate and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village. Chapter – III Sale of Property 3. 1. General: A decree may be executed by attachment and sale or by sale without attachment of any property. Sections 65 to 74 and Rules 64 to 106 of Order 21 of the Code of Civil Procedure deal with the material provisions relating to sale and delivery of properties. 3. 2. Power of Court: Rule 64 of Order 21 of the Code of Civil Procedure states that any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same. However, it must be noted that in Desh Bandhu v. Anand,[10] wherein the Court, while confronted with the twin issues of sale of properties situated outside the territorial jurisdiction of the Executing Court and the failure of the judgment-debtor to take objection in time, it was opined that: â€Å"The term â€Å"may† in this rule does not confer a discretion on the Court to order or refuse to order a sale; it is obligatory on it to do so when a valid application for such order and a valid attachment has been made. † 3. 3. Sale by Whom Conducted and How Made: Rule No. 65 of Order 21 of the Code of Civil Procedure enacts that every sale in execution of a decree shall be conducted by an officer of the Court or by such person as the Court may appoint in this behalf, in a public auction. 3. 4. Proclamation of Sale: A proclamation of sale is necessary for providing information to the intending purchasers. Thus, Rule 66 of Order 21 of the Code of Civil Procedure enacts that the Court shall cause a proclamation of the intended sale to be made in the language of the Court. Such a proclamation is to be drawn up after the notice to the decree-holder and the judgment-debtor. An absence of a notice causes irremediable injury to the judgment-debtor and sale without such a notice will be a nullity. 3. 4. 1. Purpose of a Proclamation: It has been stated that a proclamation of sale is meant for the information of intending purchasers and not of the judgment-debtor. However, in Narayanappa v. Akkulappa,[11] it was stated that the purpose of issuing a proclamation is two-fold: (a)  Ã‚  Ã‚   it protects the interests of the intending purchasers by giving them all material information regarding the property to be sold; and (b)  Ã‚   it protects the interests of the judgment-debtor by facilitating the fetching of proper market price for his property and by preventing it being knocked down at public auction for a price much below the market price. 3. 4. 2. Contents of the Proclamation: Rule 66 (2) of Order 21 of the Code of Civil Procedure enacts that the proclamation, which is to be drawn up shall state the time and place of sale, and specify as accurately as possible, the following particulars – (a)  Ã‚  Ã‚   the property to be sold, or, where a part of the property would be sufficient to satisfy the decree, such part; (b)  Ã‚   the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government; (c)  Ã‚  Ã‚   any encumbrance to which the property is liable; (d)  Ã‚   the amount for the recovery of which the sale is ordered; and (e)  Ã‚  Ã‚   every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property. 3. 4. 3. Mode of making Proclamation: In order to protect the judgment-debtors and for the purpose of ensuring that the properties of such persons shall not be put to s ale unless due publicity is given to the fact that a sale is to be held and a proper opportunity is afforded to bidders to attend the sale after notice is given’ Rule 67 of Order 21 has been incorporated in the Code of Civil Procedure. Rule 67 of Order 21 of the Code of Civil Procedure provides that every proclamation shall be made and published in the manner prescribed by Order 21, Rule 54 (2) for attachment for immovable property, i. e. , a copy of it shall be affixed on a conspicuous part of the property, and then of the Court house, and in the Collector’s office, in the case of revenue paying land. Also, if the Court so directs, it shall also be published in local Official Gazette, or in a local newspaper, or in both. 3. 5. Time for Sale: Rule 68 of Order 21 of the Code of Civil Procedure provides that there shall be an interval of fifteen days in the case of immovable property and seven days in the case of movable property between the date of sale and the date of affixing the copy of the proclamation in the Court-house. However, it should be noted that the seven days rule does not apply to a sale of movables subject to speedy and natural decay. 3. 6. Sale of Movable Property: Rules 74 to 81 of Order 21 of the Code of Civil Procedure provide for specific provisions for the sale of movable properties. 3. 6. 1. Place of Sale of Movable Properties: Sale of all movable properties in execution of a decree should ordinarily be held at some place within the jurisdiction of the court ordering such sale. In the case of Lakshmibai v. Santappa,[12] where certain ornaments were attached in Banaras and the judgment-debtor urged that they should be directed to be sold at Bombay on the ground that they would probably fetch a better price and it was found by the Court that a fair price could be had on the spot, it was held that there was no good and sufficient reason to depart from the usual practice. 3. 6. 2. When Sale Becomes Absolute in Movable Properties: Sub Rule 2 of Rule 77 of Order 21 of the Code of Civil Procedure enacts that the sale of a movable property becomes absolute as soon as the purchase money is paid to the officer or other person holding the sale and no order of Court is necessary as in the case of the sale of immovable property. 3. 6. 3. Sale of Agricultural Produce: Rule 74 of Order 21 of the Code of Civil Procedure makes special provision for the sale of agricultural produce. It provides that in case of agricultural produce, the sale shall be held on or near the land on which the crop is standing or where the crop has been harvested, at or near the place where the crop is lying. It is also pertinent to note that Sub Rule 2 of Rule 74 of Order 21 states that such a sale can be postponed, if the court feels: (i)  Ã‚  Ã‚  Ã‚   that the fair price is not offered; and (ii)  Ã‚   the owner thereof applies for such postponement. 3. 6. 4. Sale of Negotiable Instruments and Shares in Corporations: Rule 76 of Order 21 of the Code of Civil Procedure makes special provision for the sale of negotiable instruments and shares in corporations. It provides that in case of negotiable instrument or a share in corporation, the court has power to order sale through a broker instead of by public auction. It is pertinent to note here that this rule is only permissive. A court is not bound to authorize the sale of negotiable instrument or share in a corporation through a broker. 3. 6. 5. Effect of Irregularity on Sale of Movable Property: Rule 78 of Order 21 of the Code of Civil Procedure stipulates that even in case of irregularity in publishing or conducting of sale, the sale of moveable property in execution decree cannot be said aside. Thus, the sale does not ipso facto become void for reason of violation of provisions relating to the sale. However, a person sustaining any injury by reasons of irregularity in the sale at the hand of any other person may sue such a person for compensation, or, if such a person is the purchaser, for recovery of the specific property and for compensation in default of such recovery. 3. 7. Sale of Immovable Property: Rules 82 to 96 of Order 21 of the Code of Civil Procedure provide for specific provisions relating to the sale of immovable properties. 3. 7. 1. Courts Competent to Order Sale: Rule 82 of Order 21 of the Code of Civil Procedure stipulates that except the small cause court, any other court can give the order of sale of immovable property. 3. 7. 2. Postponement of Sale: In order to prevent the sale of the immovable property of the judgment-debtor in cases where the decree can be satisfied by private alienation of such property, Rule 83 of Order 21 has been incorporated into the Code of Civil Procedure. It provides that on an application by the judgment-debtor, the court in its discretion may give the judgment debtor some more time, to try and alienate the property in order to raise the requisite some of money. 3. 7. 3. Deposit and Payment of Price: Rule 84 to 87 of Order 21 of the Code of Civil Procedure deal with the deposit and payment of price in cases of sale of immovable property. Immediately after the sale of immovable property, the purchaser must deposit 25 percent of purchase money, unless such requirement is dispense with by the court. The purchaser must pay the balance of the purchase-money within fifteen days of sale. In case of a failure on the part of the purchaser to deposit the amount, the advance may be forfeited and fresh sale ordered, after the issuance of a fresh notification. Explaining the ambit and the scope of the provisions of Rules 84 to 86 of Order 21 of the Code of Civil Procedure, the Supreme Court in the case of Manilal Mohanlal v. Sayed Ahmed,[13] has stated that: â€Å"Having examined the language of the relevant rules and the judicial decisions bearing upon the subject we are of the opinion that the provisions of the rules requiring the deposit of 25 per cent of the purchase-money immediately, on the person being declared as a purchaser and the payment of the balance within 15 days of the sale are mandatory and upon non-compliance with these provisions there is no sale at all. The rules do not contemplate that there can be any sale in favour of a purchaser without depositing 25 per cent of the purchase-money in the first instance and the balance within 15 days. When there is no sale within the contemplation of these rules, there can be no question of material irregularity in the conduct of the sale. Non-payment of the price on the part of the defaulting purchaser renders the sale proceedings as a complete nullity. † 3. 7. 4. Setting aside of Sale: Rule 89 to 92 of Order 21 of the Code of Civil Procedure deal with the setting aside of sale. They provide that when a property is old in execution of a decree, an application for setting aside sale may be made under these provisions by the persons and on the grounds mentioned therein. 3. 7. 5. Confirmation of Sale: In contrast with the provisions relating to the sale of movable properties, â€Å"no sale of immovable property shall be come absolute until it is confirmed by the Court. † Also, Rule 92 of Order 21 of the Code of Civil Procedure, which deals with the procedure for confirmation of sale, provides that where no application to set aside the sale is made under Rules 89, 90 or 91 or where such application is made and is disallowed by the Court, the court shall make an order confirming the sale, and thereupon the sale shall become absolute. Chapter – IV Conclusion It has been said that the difficulties of a litigant â€Å"begin when he has obtained a decree. The execution process, which commences with the filing of an application for execution, aims at the enforcement of a decree by a judicial process. Aware of the fact that a number of obstacles are placed in the way of a decree-holder, who seeks to execute his decree against the property of the judgment-debtor, the Code of Civil Procedure provides for elaborate rules and procedures for the execution of decrees. In an attempt to enable the decree-holder to realize the fruits of the decree passed by the competent court in his favour, the Code of Civil Procedure allows for the attachment and sale of the properties of judgment-debtor as one amongst the various modes of executing a decree. However, the nature of the properties of judgment-debtor liable for attachment is usually varied. The properties belonging to the judgment-debtor, which are sought to be attached and sold, may be movable or immovable. Since, movable and immovable properties by nature have differing rights; there are different legal regimes governing these two types of properties, and therefore the court has to cater to these different rights and proceedings. Thus, in an attempt to ensure that attachment and sale of the property of the judgment-debtor remains a viable and effective mode of execution of decrees the Code of Civil Procedure has prescribed different procedures for the attachment and ale of movable and immovable properties in execution of money decrees. This is best illustrated in the prescription of actual seizure of the property in cases of attachment of movable property, as in these cases a very real threat exist that the property might escape the jurisdiction of court. Chapter – V Bibliography 1. Basu’s , ‘The Code of Civil Procedure’, Ashok Law House, New Delhi, 10th Edn. , Vol. 2, 2007. 2. Majumdar’s, ‘Commentary on the Code of Civil Procedure, 1908’, Orient Publishing Company, 6th Edn. , Vol. 1, 2010. 3. Justice Nandi & Gupta Sen, ‘The Code of Civil Procedure’, Kamal Law House, Kolkata, Vol. 1, 2009. 4. Rao’s V. J. ‘The Code of Civil Procedure, 1908’, ALT Publication’s, 5th Edn. , Vol. 1, 2008. 5. Jain, M. P. , â€Å"The Code of Civil Procedure†,2nd Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur. 2008. 6. Prasa, B. M. , & Sarvaria, S. k. , â€Å"Mulla The Code Of Civil Procedure†,14th Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur, 2011. ———————– [1] Raoof v. Lakshmipathi, AIR 1969 Mad 268. [2] Desh Bandhu v. N. L. Anand, (1994) 1 SCC 131. [3] S. 60(1). [4] Proviso to S. 60(1). [5] S. 63. [6] AIR 1991 SC 225 1. [7] AIR 1965 A. P. 52 [8] (1984) 1 SCC 137 [9] ‘Saleable’ means saleable by auction under the orders of a Court [10] (1994) 1 SCC 131 [11] AIR 1965 A. P. 215 [12] AIR 1964 Bom 342 [13] AIR 1954 SC 349

Saturday, September 28, 2019

Project Planning & Control - Project Management Coursework

Project Planning & Control - Project Management - Coursework Example The EAC project is viable and is likely to run into specific risks that are not easy to factor into the project management. The same applies with the possible opportunities the project is likely to meet in its course. As such, the Gantt chart will lack the two figures, which are vital since the project managers must always be on the outlook for either the risks or opportunities since they both influence the success of the project. Risks and opportunities are uncertain factors often considered by project managers but they cannot factor in either in the project (Roeser, 2013). The uncertainties in the two arise from the magnitude and nature of their effects on the project. As such, project managers can only anticipate risks and handle them based on the prevailing factors. In retrospect, project management requires a degree of versatility in order to enable the project managers consider the two factors and change the nature of the project based on the influence of either the risks or the opportunities they face at various stages. The Gantt charts alongside show project process. They illustrate the project schedule as different activities occur at various stages. In doing this, he charts show the relationship among the activities. Key among the activities shown in the chart is project preparation and the WBS activities. Additionally, the charts portray the computation of both the pessimistic and optimistic showing their expected start and end

Friday, September 27, 2019

Strategy at Tesco Assignment Example | Topics and Well Written Essays - 2000 words

Strategy at Tesco - Assignment Example is therefore a lot of pressure on traditional means of consumer shopping and the consumer behavior in the current scene of the UK economy is bad news for all. In the third quarter however, there has been seen a slight increase in sales due to people shopping for winter clothes and school uniforms and economists believe that this my point to a recovery of the economy, starting in the beginning of 2013. The third quarter saw sales volumes grow by 1%, compared to 0% in the previous quarter – a tremendous improvement when compared to the low growth seen in the last two years of very low shopping. (Uruci 2012) Looking at the current figures, although the growth rate seems to be on the rise, there is always that nagging doubt whether the economy is going to flourish or fall in the near future and how that is going to affect the retail industry. Take for instance the Olympic season – online sales in the UK fell since people were busy watching the Olympics instead of shopping as they normally would. Such is the state of the economy in the UK. (BBC 2012) Founded in 1919 by Jack Cohen, Tesco is one of the largest retailers in the world. They operate in 14 countries and employ over 520,000 people, and serve millions of customers every week. (Tesco PLC: History). What used to originally be a grocery retailer has grown tremendously to include books, clothing, electronics, furniture, petrol, software, financial services, DVD rentals, telecom and internet services, music downloads and so much more. Food or groceries however, still remains their greatest strength. Tesco currently appeals to a wide audience, across social groups because of its variety of products that range between Tesco Value and Tesco Finest. This gives them a benefit as they aren’t just focused on cost, but they work to provide quality and experience as well. Tesco is in an extremely competitive environment. They face competition from quite a lot of retail stores, many primarily grocers like

Thursday, September 26, 2019

Employee Performance Appraisal & Mitivation and Incentives Essay

Employee Performance Appraisal & Mitivation and Incentives - Essay Example This is one of the reasons why Nakheel has been such a success in the recent years and is making giant strides within the property development regimes in Dubai. The performance appraisal system that is in place within Nakheel makes use of the strengths that the employees possess within their folds and how they bring together the same for the organizational success in the long run. The objectives of performance appraisal within Nakheel are to make sure that the employees are compensated what they do and how they do within the workplace domains. The performance appraisal system that is in place is geared to achieve a great deal more than it is doing at the present. However, the vision is set to attain greater heights as have been promised by the performance appraisal system which is working to good effect within the organization. The objectives are therefore very succinct as far as Nakheel Group is concerned. The performance appraisal is clear cut as far as finding out the best availab le resources for the organization as this will reap rich dividends for the organization in the future. Nakheel is being seen as a much desired employer by the aspirants who seek employment within its aegis. It makes the entire organization a sign of being a positive one for the people at large. The methods and tools which are employed within the performance appraisal system that is implemented by Nakheel are important to ascertain. This is because it helps the organization to grow as a whole as far as its resources are concerned. Much emphasis has been paid on the fact that Nakheel is a name that delivers pure value for the stakeholders and end customers. The interviews are seen as some of the most important tools behind the performance appraisal methodologies which are in place. These also help the basis of determining where success areas for the sake of the employees within Nakheel remain. The methods and tools that are made use of within the performance appraisal system that is i n place within Nakheel is very specific and does not allow for any wastage as such. It taps the potential and the strengths of the employees and gives them a chance to excel within their chosen areas and departments. 2) Reinforcement Theory Reinforcement theory looks at reinforcing attitudes to make sure that results are achieved and attained in an easy going way. It allows for progress beyond what has been envisaged. What remains to be seen is how well the reinforcement theory works to best effect for the employees and what kind of results will be achieved at the end of the day (Hartman, 1991). The reinforcement theory is therefore an indication of how well the strategies are being made use of within the employee morale domains in an organization and what kind of results will be there for the taking by one and all. Undesired behaviors are sometimes given the go-ahead as far as workplace manifestations are concerned. This is because there is no check on such undesired behaviors and this results in a great amount of anarchy within the workplace settings. The role of the human resource management and indeed the top management is of essence here because it brings under focus the need for remaining one step ahead in terms of providing the solution that is required. The undesired behaviors need to be negatively reinforced so that employees could keep away from the same settings, for

Joan of Arc Essay Example | Topics and Well Written Essays - 1250 words

Joan of Arc - Essay Example For this reason, the world continues to remember these people long after their demise. One such person who epitomizes selflessness is Joan of Arc, also known as the Maid of France. Joan of Arc overcame challenges that appeared insurmountable at her time and got unheralded achievements. Joan of Arc lived in an era when women did not take a centre stage in matters regarding leadership with male dominance being the order of the day. In the same period, nations engaged one another in wars, which made it a challenge for women to take a leading role. This expose gives an analysis of Joan of Arc's life and the accomplishments, which made her break from the traditional self-image of women. Commonly referred as the Maid of France, Joan of Arc was born in 1412 to Jacques d’Arc and Isabeau Romee, poor farmers at Domremy in the valley of the Meuse (Newman 431). As a young peasant girl, Joan received an education similar to other peasant girls. In this regard, she did not learn how to read and write, but Joan learnt sewing, spinning and repeating the Ave Maria. For someone who went through an informal system of education, it is ironical that Joan of Arc became a subject to many literary works by acclaimed authors. More ironical is that Joan of Arc died at the age of nineteen years (Stanhope 4). Nonetheless, famous English writers such as Shakespeare and Holinshed reviled Joan of Arc, while Southey and Schiller idealized her work with Voltaire ridiculing her (Stone 3). However, for a young girl whose childhood activities included tending to her father’s flocks and working in the field’s, Joan of Arc became a symbol of what Mark Twain referred as a â€Å"peerless human being† (Stone 5). In addition, Mark Twain called her â€Å"the most extraordinary person the human race has ever produced† with George Bernard Shaw calling her â€Å"the queerest fish among the eccentric worthies of the Middle Ages† (Knopf 151). As a young girl, Joan of Arc did not demonstrate any extraordinary acts of boldness and heroism. In fact, Joan of Arc appeared timid when speaking to strangers with her neighbors referring her as a simple-minded though a compassionate girl (Stanhope 4). Joan of Arc’s acts of compassion included tending and nursing the sick and accommodating any wayfarer who found their way to Joan’s home. In addition, Joan was an embodiment of a pious life, which in many cases made her a subject of ridicule by her neighbors and other people. In the fields, Joan would kneel and pray in solitude and go to church and make devotions, which made her spend her pastime in a manner different from the children her age (Stanhope 5). In effect, this young girl started defining her own path at an early age, differentiated from her age mates. Instead of spending time with her peers playing in the fields after spending the day herding or in the farms, Joan of Arc’s commitment to God at her age was exceptional. While Joan was growing up, France was undergoing a series of conflicts between them and England, in the famous period of the Hundred Years’ of War. During Joan’s life in particular, the infant King of England, Henry VI of England, was proclaimed King of France, leaving the rightful heir, Charles the dauphin, holding his weakened courts in a few French provinces (Barstow, â€Å"Joan of Arc† 31). At this time, Joan was only thirteen years, and she had started experiencing visions regarding her being the person who would deliver France

Wednesday, September 25, 2019

Art history from 1580-1980 Essay Example | Topics and Well Written Essays - 250 words

Art history from 1580-1980 - Essay Example This was 1793 painting of nude man with an appearance a real classical young man. Other paintings before 1800 that show naturalism are Francisco Goya’s paintings named â€Å"And so Was His Grandfather† and â€Å"You who cannot†. Artists highly engaged with the nature from 1580-1980. They did this by spending their time to study nature. They started shifting from religious and supernatural paintings to nature paintings. They engaged with nature in their art by portraying objects in their arts as they appear exactly in reality. This was done based on the artists’ scientific knowledge. There was a strong connection between science and art. Examples of paintings that depict nature include John constable’s â€Å"The Hay Wain† and Joseph Mallord’s â€Å"Snowstorm: Hannibal and Army† (Rothko & Rothko 65). Other nature paintings include Theodore Gericault’s â€Å"The Raft of Medusa† and William Blake’s â€Å"Dante Running from The Three Beasts†. All these were painted after 1800. Nature was depicted in the renaissance arts in various forms. For instance, it was presented in paintings, sculptures and music during that period. Naturalism was significant to many artists and movements. For instance, it was significant to humanisms movement. During the renaissance period the society had started to focus more on human values than religious values. As such, artists painted humans in the natural world to show their position on earth. Nature was also significant to naturalism movement where artists were recognized based on how well their represented nature in their paintings. Nature became a source idea for many artists. They got their ideas by simply studying or observing it (Rothko & Rothko

Monday, September 23, 2019

Joint Medical Program Essay Example | Topics and Well Written Essays - 500 words

Joint Medical Program - Essay Example This suggests holistic development for students like me who intend to become ethical, value-driven, and compassionate medical practitioners in the future. This desire to develop medical student holistically is likewise reflected in their approach to clinical assessment, where the student is expected not only to evaluate the patient’s clinical symptoms, but those in the other facets as well, including cognitive, emotional, and social functioning. In effect, the student is not only constrained to being empirical and research-driven but considers the â€Å"whole† person in his diagnosis and treatment. At the end of the day, my ultimate objective in pursuing a career in medicine is to be able to extend selfless service to the less fortunate, with whom I have been exposed to early on. I can empathize with their suffering and their communities’ dire need for medical attention. I appreciate the use of â€Å"case-based problem-oriented learning†¦that contextualizes and fully integrates the basic, clinical, and social sciences.† This program again demonstrates the holistic approach of JMP to developing medical students. They have also reviewed and undertaken scheduling changes to enhance the teaching of research skills, and allow the students sufficient time to work on their Masters theses. This is ideal in helping medical students like me to manage their time effectively. Moreover, the use of the more novel and perhaps more effective case-centered, small group tutorial model would allow more collaboration and interaction among class members.

Sunday, September 22, 2019

Moral Dilemma of the Death of a Young Boy in Panama City Essay

Moral Dilemma of the Death of a Young Boy in Panama City - Essay Example We don't want to be compelled to believe that our choices are bad. This is then that we are caught in a moral dilemma. Moral dilemmas are considered dilemmas because of a certain kind of conflict between the rightness or wrongness of the actions and the goodness or badness of the consequences of the actions. If doing what is morally right results in something bad or if doing what is morally wrong results in something good, the force of moral obligation may seem balanced by the reality of the good end. We can have the satisfaction of being right, regardless of the damage done, or we can aim for what seems to be the best outcome, regardless of what wrongs must be committed (Ross, 2005). An unthinkable dilemma could be observed in William Styron's novel Sophie's Choice wherein Sophie had to make a choice which among her two children should she give up the o the Nazi doctor. She had to make a choice in order to save one of them, other else both will be killed. This is such an impossible dilemma for a mother who loves her children so much. Whichever child she chooses, she would end up with a negative consequence, that is losing one of her precious children. Sophie did make a choice because she wanted to keep at least one of them, only to find out that in the end, none would be left to her. Like Sophie, we may be faced with similar situations, though not as worse. Just like practicing the so-called white lies, a person thinks that if he uses that for good, the end would also be good because human tends to go for the positive results no matter what the means may be. But there are cases when we should accept the bad consequences because we ought to do something right. It's either we choose to do what is right and suffer the consequence or do wrong to achieve our desired outcome. Life situations, though, sometimes leave us with no choice. The crucial features of a moral dilemma are these: the person is required to do each of the two (or more) actions, the person can do each of the actions, but the person cannot do both (or all) of the actions.

Saturday, September 21, 2019

Alcohol Advertising to Youth Essay Example for Free

Alcohol Advertising to Youth Essay Many people are unaware of the prevalence of underage drinking in the United States. Every day in the United States, more than 4,750 kids under age 16 have their first full drink of alcohol. More youth in the United States drink alcohol than smoke tobacco or marijuana, making it the drug most used by American young people. Youth who start drinking before the age of 15 are five times more likely to develop alcohol dependency or abuse in their lifetime than those who begin drinking at 21 years or later. All of these facts were published by the Center on Alcohol Marketing and Youth. They have published many reports on the prevalence of drinking among underage youth. But why do underage youth start drinking alcohol in the first place? According to many studies, alcohol advertising is the main influencer of alcohol consumption among underage youth. Alcohol advertising influences the use of alcohol among youth and increases the likelihood that they will consume alcohol illegally. For example, a study published in 2006 found that for each additional alcohol ad a young person saw (above the monthly youth average of 23), he or she drank one percent more. Also, for every additional dollar spent on alcohol advertising in a local market, underage drinkers consumed three percent more alcohol (Surgeon General, 2007). Because young children are likely to be influenced by alcohol advertisements, there needs to be stricter regulations on the advertising industries ability to advertise alcohol to underage youth. According to the Surgeon General’s Call to Action to Prevent and Reduce Underage Drinking (2007), â€Å"The short-and long-term consequences that arise from underage alcohol consumption are astonishing in their range and magnitude, affecting adolescents, the people around them, and society as a whole. † Therefore, there should be a stricter regulation on alcohol advertising to youth because of the strong influence it has on their behavior and their alcohol consumption patterns. Each year, the alcohol industry spends more than four billion dollars marketing its products (Mosher Cohen, 2012). There have been multiple studies that have correlated underage youth exposure with a greater likelihood of drinking. It is imperative that the government or advertising industry reduces the impact of alcohol marketing on young people. Reducing underage drinking, like smoking, is an important public health goal (Mosher Cohen, 2012). Public health departments in California, Massachusetts, and Florida have made crucial strides in reducing underage smoking rates in their states (Mosher Cohen, 2012). They did this my sponsoring tobacco counter advertising campaigns. This indicates that this type of approach may be effective for reducing underage drinking as well (Mosher Cohen, 2012). The problem with this for alcohol advertising is that there are already responsibility ads, but they are outnumbered by alcohol ads 226-1 (CAMY News Release, 2004). Alcohol product advertising has increased significantly in recent years, while responsibility ads have decreased. According to a new study from CAMY at Georgetown University, the number of responsibility ads dropped by 46 percent from 2001 levels, while the number of alcohol commercials increased by 39 percent. Industry spending on responsibility ads also fell—down 57 percent from 2001. This is unacceptable. According to CAMY Executive Director, Jim O’Hara, â€Å"This minimal amount of responsibility advertising does little to reinforce the message of parents and teachers who are trying to prevent underage drinking. Our children need to receive a more balanced message about alcohol. † According to the same study, for every dollar spent on responsibility ads in 2002, the industry spent $99 on product ads, where in 2001, the ratio was $1 to $35. Alcohol companies should be required to sponsor a certain amount of responsibility ads each year, that is relative to the number of alcohol product ads they place. This would help to increase the amount of responsibility ads underage youth is exposed to and thus, increasing the amount of reinforcement they receive to not drink underage and illegally. According to the CAMY study at Georgetown University in 2002, of 59 alcohol marketers advertising on television, only four places responsibility ads in 2002. Adolph Coors Co, Anheuser-Busch Companies Inc. , SABMiller PLC and Diageo PLC were the four parent companies whose brands placed responsibility ads in 2002. Anheuser-Busch placed the most ads, but they still spent 45 times more on product ads and placed 89 more product ads than responsibility ads (CAMY, 2002). Underage youth were 287 times more likely per capita to see a TV commercial promoting alcohol from 2001 to 2006 (Nielsen Media Research, 2006). Other studies have found that youth exposed to alcohol in movies and to alcohol in signage near schools as well as youth ownership of alcohol promotional items are all associated with a greater likelihood of underage drinking (The Surgeon General, 2007). Therefore, because of youth’s potential to be greatly influenced by alcohol advertisements, this high amount of exposure to alcohol advertisements increases the consumption of alcohol among underage youth. There is opposition to stricter regulations on alcohol advertising; some feel that these regulations will not have any effect on the consumption and use of alcohol among underage youth. According to Marcus Grant, the president and founder of the International Centre for Alcohol Policies said that in many Scandinavian countries where alcohol advertising was banned, the prevalence of alcohol abuse was still high. Also, according to the industry Association for Responsible Alcohol Use (ARA), no evidence exists to support the notion that beverage alcohol advertising has any significant effect on the rate of alcohol abuse. According to the ARA, Denmark has a ban on all broadcast advertising except on low alcohol-content products, as well as various restrictions on print and outdoor advertising. It has one of the highest reported rates of intoxication among young people. Therefore, they feel that increasing the amount of regulations of alcohol advertising, or the banning of alcohol advertising as a whole, will not result in a decline in the rate of alcohol consumption among underage youth. While alcohol marketers have made reforms in their marketing practices, these revisions fall short (Mosher Cohen 2012). In 2006, The STOP Act was passed, requiring that the U. S. Department of Health and Human Services report annually on rates of exposure of youth to positive and negative messages about alcohol in the mass media. Advertisers are aware of the media usage of youth and current alcohol regulations do not do enough to protect underage youth from viewing alcohol advertisements. According to CAMY reports on Youth Exposure to Alcohol Ads, the advertising industry has reduced youth exposure to its advertising in magazines and cut its spending on radio. However, youth exposure to alcohol advertising on television grew by 30 percent between 2001 and 2006 (Mosher Cohen, 2012). Because youth, ages 12 to 20, are only 13. 3 percent of the national TV viewing audience, the current threshold of not placing ads where underage youth are more than 30 percent of the audience allows alcohol advertising on programs where there are more than twice as many youth as the viewing population (Mosher Cohen, 2012). It is obvious that current regulations do not do enough to support the goals of Congress, and of the Surgeon General, to decrease alcohol advertising exposure and alcohol consumption among underage youth. Therefore, stricter regulations need to be put into place to restrict the advertising industry from placing alcohol advertisements within youth-consumed media. CAMY issued a report of eight methods for states to limit and reduce youth exposure to alcohol advertisements. According to CAMY, only 11 states implement more than one â€Å"best practice† policy, a total of 22 states implement no policies at all. It is important for these states to implement all of eight of the methods to ensure that underage youth are not exposed to these ads and the consequences of seeing these ads (Swift, 2011). According to a study conducted by Leslie B. Snyder, Ph. D. , of the University of Connecticut, Storrs, and colleagues, a random sample of young people between the ages of 15 to 26 years old were interviewed. The researchers reported these results: (1) For each additional alcohol advertisement viewed per month, the number of drinks consumed increased by one percent (2) The same percentage increase, one percent per alcohol advertisement per month, applied to underage drinkers (those younger than age 21) as well as legal aged drinkers (3) Youth in markets with high alcohol advertising expenditures ($10 or more per person per month) also increase their drinking more over time, reaching a peak of 50 drinks per month by age 25 and, (4) Young people drank three percent more per month for each additional dollar spent per capita in their market (Buddy T., 2006). This research shows that advertising expenditure had a direct influence on the amount of alcohol consumed by underage and legal aged drinkers. According to Snyder, â€Å"The results also contradict the claims that advertising is unrelated to youth drinking amounts†¦ Alcohol advertising was a contributing factor to youth drinking quantities over time,† (Buddy T. , 2006). The facts cannot be denied; alcohol advertising is effective. The bottom line is, the more advertising young people see, the more they drink (Buddy T. , 2012). CAMY has found that many parents are beginning to become concerned about the overexposure to alcohol advertisements that their children see. Two-thirds of parents believe more ads mean more youth drinking and 75 percent of parents agree that the alcohol industry should do more to limit youth advertising (Buddy T. , 2012). It is unacceptable that nothing more has been done to prevent this while there have been multiple studies done on the correlation between alcohol advertising and underage drinking, and they all have concluded the same results: Exposure to alcohol advertising increase the likelihood for underage drinking and increased alcohol consumption. Alcohol advertisements need to be regulated across all media forms: online, television, magazine and print, radio, etc. Young people should not be exposed to alcohol advertisements, especially within the media channels that they use most. Television alcohol ads should not be allowed to be on shows with certain percentage of underage viewers, the same goes for magazine and radio advertisements. While it will be hard to regulate this, more can be done to make sure the message of preventing underage drinking is reinforced through responsibility ads. If stricter regulations on alcohol advertisements cannot be put into place, then the amount of responsibility ads countering the alcohol ads needs to be dramatically increased. Underage youth need to constantly be reinforced with the message of not underage drinking as well as the warnings of drinking such as drunk driving. In conclusion, more needs to be done to reduce the amount of youth exposure to alcohol product advertisements and to prevent underage drinking. It is the responsibility of the government and of alcohol marketers to make sure they are protecting youth, not corrupting them at a young age. Youth exposure to alcohol advertisements increase the amount of alcohol consumed by underage drinkers and current regulations are simply not doing enough to prevent this. References Alcohol Ads Outnumber Responsibility Ads 226-1. About. com Alcoholism. N. p. , 2002. Web. 11 Dec. 2012. Alcohol Advertising and Youth. Johns Hopkins Bloomberg School of Public Health. CAMY. org, Apr. 2007. Web. 11 Dec. 2012. Mosher, James F. , JD Cohen, and Elena N. Cohen. State Laws to Reduce the Impact of Alcohol Marketing on Youth. Camy. org. Alcohol Policy Consultations, 1 May 2011. Web. 11 Dec. 2012. Prevalence of Underage Drinking. Johns Hopkins Bloomberg School of Public Health. N. p. , July 2011. Web. 11 Dec. 2012. State Report Update 2012. Johns Hopkins Bloomberg School of Public Health. N. p. , 1 May 2012. Web. 11 Dec. 2012. Swift, James. States Not Reducing Youth Exposure to Alcohol Ads. Youthtoday. org. YouthToday. org, 4 May 2012. Web. 11 Dec. 2011. T. , Buddy. Alcohol Advertising Increases Youth Drinking. About. com Alcoholism. N. p. , 19 Jan. 2006. Web. 11 Dec. 2012 T. , Buddy. Teen Drinking Influenced by Alcohol Advertising. About. com Alcoholism. N. p. , 19 Oct. 2012. Web. 11 Dec. 2012. T. , Buddy. Underage Drinking Troubles Parents. About. com Alcoholism. N. p. , 27 Dec. 2007. Web. 11 Dec. 2012. U. S. Department of Health and Human Services. The Surgeon Generals Call to Action To Prevent and Reduce Underage Drinking. U. S. Department of Health and Human Services, Office of the Surgeon General, 2007.

Friday, September 20, 2019

What led to the development of postmodernism in architecture

What led to the development of postmodernism in architecture Post modernism was devised from its previous movement, modernism and first began to emerge around the states of America in the 1960s but really took off around the early 1970s when it came to England and Europe and became a movement. It still continues to influence modern architecture today. The most obvious design traits can be seen in architecture; features that best represent this style include bold, visual exteriors, designs that are functional yet contain architectural characteristics that have been seen before but combining these with exciting, colourful, fresh designs. An example of this is the Portland building; Oregon designed by Michael Graves. (See Fig.1) This block of government offices built in 1980 has a very decorative exterior and has become an icon of Post modernism. Post modernism came about when modernist views were being rejected by many people and architects although there where still some whom where in favour of the current modernist ideas, yet still recognized the need for further development within this style to take place as the world fast continued to modernise around them, this saw the beginnings of Postmodernism. This quote from Michael Graves gives his view on how modernism designed everything to be machine like, which worked, although buildings should be made decorative and not so set in the modernist ways: While any architectural language, to be built, will always exist within the technical realm, it is important to keep the technical expression parallel to an equal and complementary expression of ritual and symbol. It could be argued that the Modern Movement did this, that as well as its internal language; it expressed the symbol of the machine, and therefore practiced cultural symbolism. But in this case, the machine is retroactive, for the machine itself is a utility. So this symbol is not an external allusion, but rather a second, internalized reading. A significant architecture must incorporate both internal and external expressions. The external language, which engages inventions of culture at large, is rooted in a figurative, associational and anthropomorphic attitude.1 In this quote Graves refers to the modernist movement and how they designed their buildings to be like machines, extremely clean, sleek and purely functional with no needless design features. His view is not to think that the inside of a building should be run as a machine but to think of the building as a whole and to think outside the modernists clean cut lines and un decorative architecture. Unlike the modernist architecture previous to this movement the post modernism architecture is usually quite ornamental, new but also borrowing some features from the past, such as bringing colour back into architecture which taken away for modernist era. There is quite a lot of rivalry between the two movements, modernists strongly believe in form follows function, their architecture showing functional, formalized shapes and spaces, where post modernists believe in not necessarily form over function but making their functional buildings a lot more visually dynamic and I suppose more of an experience. There is no true reality not even your own2 This is a saying from the late 90s which reflects post modernists views. They felt you need to question reality and think outside the box where as the modernists believed in questioning authority, their thinking that if people looked into why things are designed the way they are and the truth is to be discovered then tradition would be questioned. The postmodern architecture features shameless aesthetics different from anything before, they have a more organic feel and stand out. The post modern era also found the use of different materials being used with in architecture than before, whether it be the colour or the specification of the material that was to be desired. The two main materials used in postmodern architecture are stone and glass. The stone is bold and comes in a very wide range of colours, which stuck to the postmodernist ideas. The glass was used a lot especially in America and large city buildings, office blocks and skyscrapers such as Le 1000 de la Gauchetiere in Canada, its the tallest skyscraper in Montreal. (See fig.2) This was built a bit later on, in 1992 but still shows strong postmodern values. For example the distinctive triangular copper roof and four copper capped entrances at each of the tower base corners. The structural core is constructed from concrete and steel and the exterior consists of glass in a metal frame. The form used in postmodern buildings is also very contemporary, the building function is still important for the designers but compared to the modernist buildings the forms, shapes and look of the buildings are almost there for the designers sake, not for any specific reason other than good aesthetics. As I said before there is almost a collision of beliefs between the two movements, though most of the dislike at the time was focused towards the post modern architecture as the modernist architectures such as Le Corbusier, Ludwig Mies van der Rohe and Walter Gropius had put the belief into the people that a building that was almost wholly based on function was the best way. So when post modern architects such as Frank Gehry, Robert Venturi and Eero Saarinen started designing buildings that where thinking outside the slick, functional, simple design box of modernism and completely aesthetical and almost quite wacky there was quite an uproar and possibly a confusion as people started t o question what was right for the future of architecture? Were the new buildings functional enough and would the new buildings stand the test of time? As the people began to accept the more complex designs of the post-modern world the buildings began to become popular and more and more architectures began to come round to the idea. In todays architecture you can clearly see the inspiration from these initial designs and that architects and designers have turned modernist ideas on their head, by carrying on the idea of aesthetically pleasing designs and almost having more fun with their design rather than just focusing on the function. So how exactly did Postmodernism come about? Well as I have just confirmed the strongest link/lead to postmodernism was obviously the modernist designs lack of decoration, but I also looked at some other factors that could have lead to the development of postmodern architecture. As is well known, the lead to postmodernism was when people started to reject the views of the modernist movement, though how did this come about? And why did people start to reject the modernist ways? The rejection of modernism first came from architects In their works. In Europe Aldo Rossi documented his views of the current art movement, while in America Raunch and Scott Brown expressed similar views on the need for development of the modernist architecture. Though the most influential change came from the work of Robert Venturi. He famously wrote the book Complexity and Contradiction in architecture in 1966 which attacked the modernism of international style, with his strong views on his dislike for modernism. In the writing he replaces Miles van der Rohes (a modernist architect) modernist phrase less is more with : less is a bore. Blatant simplification means bland architecture This quote is just a brief look to his views in the piece, he continues throughout rejecting the moral, clean cut ways of modern architecture for elements that are more a blend of features than pure. Frank Gehry seems to be a name that frequently appears when investigating post modernism architecture. His Designs were very contemporary, bold and different to what had been seen before. He denied that his work was post modernist or that it even fit into any category other than something totally new. This would not happen with a modernist architect as; although the designs are different all modernists buildings tend to have the same features, sleek and following function so much that there is not a lot of individuality between the designs. Where as post modernist architecture is all so decorative and ornamental that each design is unique. Just by looking at a few of Frank Gehrys designs you can definitely tell that they are individual although they do fit in with the post modern category his architecture has moved beyond the modernist era being based on geometric and organic forms. As Gehry says himself : Not every person has the same kinds of talents, so you discover what yours are and work with them. Dont try to be me, or try to be Frank Lloyd Wright, or try to be I M Pei. Try to be yourself. You have to understand what drives people to build buildings. 4 One of Gehrys most creative pieces that represent this is The Frederick R Weisman Art Museum at the university of Minnesota, 1993(See Fig 3). The University officials chose Frank Gehry to design the teaching museum for the campus because of his attention to needs of people that use his buildings and his unique stunning designs. The museums exterior is constructed of amazing, sticking shapes made from brushed stainless steel on one side over looking the Mississippi river creating an abstract image of a waterfall and a fish. The other side of the building is on the side of the campus and blends in with the existing sandstone and brick buildings by using terra cotta coloured bricks. Frank Gehry was also commissioned to design an expansion to the building that was meant to have been completed in 2009 though due to financial reasons it will be built by next year. This shows that post modernism continues to inspired designers today and is still popular. An example of an architect that is continuing post modernism design to todays architecture is Santiago Calatrava. Born in 1951 when the postmodern movement was just starting to come about, Calatrava grew up with the organic architecture from the era. Obviously heavily inspired by it he has continued post modernism on in his own works. He has designed many buildings, which are very well known such as the Museum of tomorrow in Rio de Janerio in Brazil and Liege Guillemins TGV station in Belgium. La Rioja, Bodegas Ysios in Spain is one of his designs, which is not so famous though still unique, and particularly show his postmodernism inspiration (See Fig 4). This building is situated amongst vineyards in Spain where la Rioja Alavesa wine is produced, the company wanted a building that would store the made wine and be a place where guests can test the wine. The design definitely meets the criteria and is very functional; there is separate part for the storing of the wine, making it and a tasting area. Although this could have been enough just in a plain rectangular building but in true post modernist style he has also added some amazing design features, the main feature is that the roof, it continues the shapes of the surrounding hills, creating a wavy organic shape. The material he has used for the roof design is aluminium panelling, which reflects the sunlight making it look even more special contrasting with the calm vineyard surrounding. I have researched the lead to post modern architecture and touched on how it has affected modern design today. Now to conclude this essay I will some up my findings of what led to post modernism in architecture. Post modernism first emerged in the 1960s and became a movement in the early 1970s, its routes stemmed from its previous movement, modernism. Modernists had a very strong belief in form follows function, their views where that a building should be purely functional and machine like which worked well but didnt leave a lot of an imagination for design features and all the buildings began to have a lot of the same features. In the 1960s some architects began to recognise this and voiced their opinions in their written works, which made people realize that designs could be a bit more exciting. The most influential architect in this realisation was Robert Venturi, in his well known writing complexity and contradiction in architecture he strongly expressed his dislike for modernist architecture, stating that less is a bore and that buildings do not have to be all about function, they can still be functional and have design features. This contributed to the lead to post modernism. One of the architects I found whos name kept appearing when looking at post modern architecture is Frank Gehry. His designs are functional but with amazing design features using organic forms and patterns to shape the buildings. As is with most post modernist architecture different organic and bold shapes are a big feature of the building making every design unique unlike the similar designs of the modernist era. Although Gehry do es not class his buildings to be post modernist or in fact fit into any category, his designs are definitely fitting with the era and he seems to share the same views as the post modernists. Buildings like Frank Gehrys continue to influence designers today such as Santiago Calatrava whos modern day designs very much resembles that of post modernist architecture. Part II Book review on: 20th Century Architecture by Jonathan Glancey The 20th Century Architecture explores the roots of modern architecture and explains how the history and the ever-changing social and political conditions helped shape and build the world we live in today. In this book, as the foreword states, by writing the book Jonathan Glancey attempts to achieve informing the reader of an introduction to architecture of the 20th Century, not to cover every aspect of the subject, as he says himself, The subject is very vast and no book can realistically cover the entire history of the twentieth century architecture. If I could it would either be too heavy to carry or else set in such a tiny type that it would be unreadable. This quote also I think captures the way the book is written, very informative yet quite light hearted. The book covers 8 of movements of 20th century architecture: Arts and Crafts, Classicism, organic, Modernism, Post-Modernism, Robotic, Cities and Futures. Each movement has a its own section which is started by a page for a brief explanation of the movement then examples of architecture significant to that time. Each piece of architecture has its own page with a full colour photo to show what it looks like and a section about the designer and the building, why it was built and how it relates to the movement and others in that time. I found the book easy to read, and was able put down at any time and pick back up from where I left off. I particularly like the no jargon take and the fact that you dont have to know an awful lot if anything on architecture or the history of the 20th century. The book is very informative if you read the whole thing or if you just flick to a specific section you are interested in. I originally did this but found that I wanted to read on further. This is as Jonathan Glancey intended as would most authors, wanting to get the attention of the reader and want to read on from their own will, as he says in the book: If this makes you want to find out more then it has done its job. If it encourages you to want to be an architect then good luck. I think he has definitely achieved his original intentions for the book. I borrowed this book from the local library but I would definitely consider buying a copy to keep as a reference book. From reading and sourcing from other architectural books, I think this fits in to the subject very well. Id says it is more aimed at students, people who are interested in architecture and starting architectures. I dont think the book would be so suitable for experienced architects and architect fanatics as it informs you of buildings and architects that this group would probably already know of, thought the may still find it informative about the movements and to find out when the movements happened and why. Over all I think this is a good book and deserves the positive comments it has picked up from press and other readers.

Thursday, September 19, 2019

Pro-Death Penalty Essay -- Pro Capital Punishment Essays

There are a total of 3,350 inmates currently on death row. These people include all of the main races in America. In 1965 Robert Massie murdered a mother of two in California during a robbery. Mere hours before he was scheduled to be executed. A stay was issued so he could testify, he had found evidence to support his cases and got parole and a second chance. Eight months later he robbed and murdered a businessman in California. This is a obvious that the death penalty should not be abolished, better yet supported in all states. The death penalty will prove to all mentally unstable criminals the horrors of death and will force them to face it eye to eye if they choose to commit the crime. Capital punishment is active in 36 states. 10 of those states have 100 or more inmates on death row. ?Over the past decade the murder rate has dropped dramatically?(Elliot, David/Marquis, Joshua). This is a rather obvious reason why the death penalty is working. The percentage of murder rate per 100,000 were between 4.5-6.8. Even though the south had the highest murder rate, they were executing the most. Texas had a staggering 405 executions since 1976. 26 of those executions were in 2007. Obviously by this information it shows that states are doing what is right to show their criminals to think twice whether they should commit the crime or not. A rather interesting fact is that 57% of inmates executed were white rather than black. Blacks are often commit more murders than whites but still whites are put to death. The reason is that blacks often commit small murders while whites commit large scale murders and sometimes a massacre. A prime example is the shootings at Virginia Tech. The culprit was Asian. Asians account for only 7% of inma... ...annot be executed. The law was only reinstated in 2005, so 22 defendants have been executed as juveniles. America has been split in the region where executions have happened. The south claims 901 executions. While the northeast has only 4 executions. The two oddballs out are Texas and Virginia which are in second with 503. Texas alone has 405 executions while Virginai has 98. Every state has at least 1 execution. While 42 have more than or equal to 2 executions. In conclusion is still active in many parts of the world including US. Nobody deserves to die unless they have committed a act of hatred toward humanity or a sign of obvious mental problems. Thus the death penalty will once and for all prove to mentally unstable criminals the true horrors of death and will literally force them to face it eye to eye if they choose to commit the crime.

Wednesday, September 18, 2019

The Effects Of Stress, Alcohol Outcome Expectancies, Gender, Coping St :: essays research papers

The Effects of Stress, Alcohol Outcome Expectancies, Gender, Coping Styles, and Family Alcoholism on Alcohol Consumption Abstract One large component of American popular culture today is alcohol. A common stereotype for the effects of alcohol is that as a drug it acts as a stress antagonist. This theory was introduced by Conger (1956) as the Tension Reduction Hypothesis (TRW). It states that alcohol's sedative action on the central nervous system serves to reduce tension, and because tension reduction is reinforcing, people drink to escape it (Marlatt & Rehsenow, 1980). Why do we drink, when do we drink, and how much do we drink? This research will determine the correlation between total weekly consumption of alcohol and perceived stress, alcohol outcome expectancies, gender, coping styles, and family history of alcoholism among undergraduate students. Do people drink more or less when stressed? Do alcohol outcome expectancies lead to higher or lower consumption? Is a history of family alcoholism positively or negatively correlated to personal consumption? Do the tested variables play mediating or moderating roles in stress-related drinking? This research will determine the answers to these questions, and determine the strength of the correlations, if any. Introduction The main question that this statistical model will answer is as follows: Is there any correlation between drinking and gender, alcohol expectancies, family alcoholism, stress, and coping styles? Gender It has been demonstrated that significant differences exist between the drinking patterns of men and women (Hilton, 1988). In a survey of US drinking habits conducted in 1988 by the US National Center for Health Statistics, Dawson and Archer (1992) showed that there are three areas illustrating gender differences. The first is the actual number of male and female drinkers. The study showed that 64% of men versus 41% of women were current drinkers. Second, men were more likely to consume alcohol on a daily basis (17.5 grams of ethanol per day versus 8.9 grams for women). Third, men were more likely to be classified as heavy drinkers. In fact, when the classification measure of a "heavy drinker" was changed from five drinks or more per day to nine drinks or more per day the ration of male to female heavy drinkers increased by a factor of 3. Stress Are the theories mentioned above about stress-induced drinking accurate? There have been studies which disprove the Tension Reduction Hypothesis. For instance, in a study by Conway, Vickers, Ward, and Rahe in 1981 it was found that "the consumption of alcohol among Navy officers during periods of high job demands was actually lower than the consumption during low-demand periods." Additionally, some drinkers have been known to consider alcohol as a tension

Tuesday, September 17, 2019

Magic Window In The Novelle :: essays research papers

The â€Å"magic window† gives us a unique insight into the psyche of the protagonist and into the very fabric of the literature itself. It shows us a different perspective and enables us to see a deeper level of the character where only their instincts are visible. The concept of embodying the theme of a story in one symbol is very interesting as it clearly defines the various levels of involvement from the main character, from the superficial right down to the detailed depicts the state of being of the protagonist throughout the novelle. From the analysis of the central symbol, it would seem that the all actions and events of the novelle are deeply linked so it appears that this â€Å"magic window† is indeed magic. In the Ninth Story from the Decameron the central symbol is the falcon that is one of Federigo’s last possessions. On a superficial level the falcon is well known for being a noble and dignified creature and we see this reflected in Federigo’s own noble disposition. After losing all his money and belongings he still does not ask anybody for money. He accepts his situation as being a result of his own actions. â€Å"knowing that he would never be able to live the way he wished in the city, he moved†¦ to where his farm was†¦ asked nothing of anyone and endured his poverty patiently. On a deeper level the falcon is a direct reflection of Federigo’s character. This falcon is well known for its skill, it is the â€Å"best that ever flew† and Federigo â€Å"of noble birth, no matter how poor he is† is well known and respected for his nobility and dignity. The two have similar qualities and thus by analyzing the central symbol of the falcon we are able to see through the â€Å"magic window† into Federigo’s own character. In Die Taube the central symbol is that of the pigeon that stands at Jonathan’s door. This symbol is very complex and has many levels to it. Jonathan’s characteristics are mirrored by the actions of the pigeon throughout the novelle. The pigeon creates the â€Å"magic window† through which we can see deep into Jonathan’s psyche. It is a symbol of Jonathan’s fears and inability to adapt socially. The first description of the pigeon is of its eye, the manner in which Jonathan describes this is very eerie. He describes the eye as â€Å"ganz nackt, ganz schamlos† and he seems to linger on the one sidedness of this encounter.

Child Abuse and Maltreatment Essay

Child abuse is a global problem, which unfortunately happens in every society, culture and communities. The term â€Å"Child Abuse† refers to intended acts that result in physical or emotional harm to children. Child abuse covers a wide range of behavior from physical assault by parents or other adult caretakers to neglect of child’s basic need. Child abuse is a social problem that affects millions of children each year, children less than 3 years of age being the most frequent victims. (Edelman & Mandle, 2010) For this article, the author chose to discuss child abuse and maltreatment in preschool age children. There are many forms of child abuse such as sexual abuse, physical abuse, verbal abuse, emotional abuse, neglect and abandonment/ separation. In this age most common abuses are physical, sexual, emotional and negligence. As a health care provider when we are assessing a case of child abuse, we always need to check the background of the child’s family child, by checking parenting skills of caretakers, employment and education status of the parents, financial conditions at home and environment of the house (safe and clean for the child). We also need to check for any history of drug and alcohol abuse among family members, care taker’s personal limitations and certain cognitive or medical conditions (such as mental retardation or depression) of care takers, all these can effect child’s care tremendously. (Jarvis, 2011) Signs and symptoms nurses need to check for when they are assessing a preschool child for abuse are as follows: Physical Child abuse: Child has unexplained recurrent injuries, burns, fractures, bruises and bald patches. Child shows sign of fear and hesitation during physical exam (he is trying to pull himself away from examiner). Child has difficult time concentrating and shows self-destruction tendencies & aggression towards others. Child is wary of adults and injuries on the body are inconsistent with the child’s age and developmental phase. (Center of Child Protection and Family Support, 2012) Sexual Child Abuse: Child has unusual or excessive itching in the private areas. Genital or anal area is torn, stained or underwear has blood spots. Child’s genital or anal areas could be injured, due to bruising, swelling or infection. Child plays inappropriately with his toys and makes inappropriate drawing according to his age. Suddenly child starts thumb sucking or brings out discarded cuddly toys to play. Child also exhibits a sudden loss of appetite or on the other hand eats compulsively, he starts being isolated or  withdrawn from family/friends and becomes worried when clothing are being removed. Child frequently wets him/herself and often has nightmares. (Center of Child Protection and Family Support, 2012) Emotional Child Abuse: Parents or caretakers frequently yell, threaten or bully the child. They are ignoring the child as a form of punishment, giving him the silent treatment for his needs and also show no signs of affection and love (i.e. hugs kisses and tapping the back). Child shows severe sign of depression, extreme withdrawal or aggression towards other people. Child could be overly compliant with his caretaker orders, too well-mannered and too neat or clean. Child also displays extreme inhibition while playing. Child could have extreme attention seeking behavior or failure to thrive behavior. (Center of Child Protection and Family Support, 2012) Child Neglect: Child has poor personal hygiene, unkempt clothes and hair. Child stays constantly hungry and seems very thin compared to the peer age group. Child has many unattended physical problems or medical needs, eg dental work and glasses. Child is frequently absent from school and forgets his lunch. Child has no social relationship with other kids and shows destructive tendencies. (Center of Child Protection and Famil y Support, 2012) If children been abused by parents and care givers during infancy, toddler and preschool age. They show sign of developmental delay in displaying language, motor and social skills. Abused preschoolers respond to peers and other adults with more aggression and anger than do non-abused children. It is important for the nurse to understand certain cultural health practices that may be misidentified as child abuse. For example In Southeast Asian countries like Laos and Vietnam, people from Mien cultural beliefs in natural healing and use homemade remedies to treat most of the child disease. When a child suffers from restlessness, unremitting crying, agitation, constipation and loss of appetite, parents of the child use string of inner pulp (found in a special reed).The pulp is then dipped lightly in pork fat and lit. The flame is passed quickly over the skin above the pain site, which raises blisters on the skin or sometimes burn the skin which can easily misidentified as child abuse. To cover the blister and burn areas, they use Tiger Balm afterward. Only older person in the family can do this ritual to cure child pain. (McIntyre & Silva, 1992) To report the child abuse in California State, nurse needs contact the California Department of Social services  (toll-free number is 1- 800-422-4453) or call Sacramento county Child Protective Services – child abuse hotline at 916-568-6635. Any person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect. (California Department of social services, 2012) Description of report mechanism: Mandated reports of child abuse or neglect must include: †¢ The name, business address, and telephone number of the mandated reporter; †¢ The capacity that makes the person a mandated reporter; and †¢ The information that gave rise to the reasonable suspicion of child abuse or neglect and the source or sources of that information. If a report is made, the following information, if known, also must be included in the report: †¢ The child’s name, child’s address, present location and if applicable child’s school, grade, and class. †¢ The names, addresses, and telephone numbers of the child’s parents or guardians. †¢ The name, address, telephone number, and other relevant personal information about the person or persons who might have abused or neglected the child. (California’s Child Abuse and Neglect Reporting Act, 2006) References: California’s Child Abuse and Neglect Reporting Act: Reporting Rules for Health Care Providers, (2006). Retrieved from November 27, 2012 from: http://www.teenhealthlaw.org/fileadmin/teenhealth/teenhealthrights/ca/06_CA_ChildAbuseChapter.pdf California Department of social services. (2012). Child Abuse Prevention Services. Retrieved November 27, 2012 from: http://www.childsworld.ca.gov/PG1319.htm Center For Child Protection and Support,( 2012). Retrieved November 26, 2012 from: http://www.centerchildprotection.org/report_abuse.htm Edelman, C., Mandle, C. (2010). Health Promotion Throughout the Life Span. (7th ed.). Retrieved November 26, 2012 from http://pageburstls.elsevier.com/books/9780323056625/S6/0 Jarvis, C. (2011). Physical Examination and Health Assessment (6). Retrieved November 26, 2012 from http://pageburstls.elsevier.com/books/978-1-4377-0151-7/id/B9781437701517000078_c00007 McIntyre, T., Silva, P. (1992). Beyond Behavior. Culturally Diverse Childrearing Practices: A busive or Just Different? Volume 4,

Monday, September 16, 2019

Psyc 305 Exam #1 Study Guide

PSYC 305 Exam #1 Study Guide Defense Mechanisms: help ego deal with anxiety (Ego cannot handle the conflicts between ID and superego. ) * Rationalism: plausible, but false reason for action * â€Å"I needed to break up with my boyfriend for his own good. † * Sublimation: socially productive displacement * â€Å"I’ll just go to the gym. † * Projection: ascribing own impulses to others * â€Å"He hates me. † * Denial: refusal to acknowledge the impulse * â€Å"I don’t hate my ex. † * Intellectualization: clear, undistorted recognition of impulse over explained and with emotion removed * â€Å"I always have trouble with relationships† Repression: impulses or experiences kept unconscious * â€Å"I feel nothing towards him. † * Isolation: cutting off thoughts related to occurrence * â€Å"I never think about him. † * Identification: merging ones identity with someone else * â€Å"I want to be just like that bully. † * R eaction Formation: transform impulse to the opposite * â€Å"I love my father so much. † (LOVE/HATE) * Displacement: impulses toward another activity * â€Å"What a bad day, I hate my boss and my job, punch hole in wall. † Freud’s Psychosexual Stages (oral – anal – phallic – latency – Genital) * Oral * Birth to age 1 Focus on mouth and feeding * All ID, all the time * From passive > active * Oral fixation * Passive, overly optimistic, dependent * â€Å"Experiencing through the mouth† * Traits: passive dependent, oral aggressive, oral erotic * Anal * Sphincter muscle * Age 1 – 3 * Experiencing through elimination and retention * Excreting – toilet training, ego development * Anal fixation – orderliness, parsimony and simplicity, obstinacy and stubbornness * Traits: passive aggressive, paranoid, compulsive, messy/disorganized, stubborn/stingy * Phallic * Age 3 – 5 * Focus on genitals and masturbation S uccessful passage leads to development of the superego * Solid understanding of the opposite sex * Fixation – immature super ego, pore sex-role typing, sexuality issues * Genitals * Seen in noticing genitals and sex differences, special attention to opposite sex-parent * Narcissistic, arrogant, vane * Oedipus conflict * Boys develop sexual feelings for their mothers and want to replace their dad * Castration anxiety: fear that dad will cut off son’s penis as revenge * Resolved when boy decides to follow in dads footsteps * Electra Conflict * Penis envy: girls feel inferior when they realize they do not have a enis, blame mom * Decides to seduce dad for revenge * Seduction hypothesis: real incest between father-daughter. Revised: fantasy only * Conflict resolved when girl learns to indentify with mother * Latency * Age 5 – puberty * Nothing much going on –ID, ego, superego already developed * Genital * Starts at puberty * Sexual satisfaction from opposite sex * Development of adult sexuality * Proper resolution if no past fixations Freud’s Topographic Model (iceberg) 3 components 1. Conscious mind: aware, accept, identify 2. Unconscious mind: can be brought to awareness readily 3. Preconscious mind: repressed. * ID Unconscious * Preverbal * Source of our instincts and passions * Infant * Driven by pleasure principle * â€Å"Innocent child that doesn’t know any better† * Primary process * First to develop * Libido: sexual energy * Eros: life instinct * Thanatos: death instinct * Balances sex and aggression * Satisfy urges, reduces tension * Seeks pleasure * Ego * The mostly conscious part of the mind * Balances or goes between id, superego and reality * Grows out of the id (ego is shown first even though id exists first) * Face the real world * Understands reality * Decision maker between id and superego * Secondary process/future Second to develop * Brings unity to personality * Reality principle * Superego * Int ernalization of parental images and rules * Includes â€Å"thou shalts† (ego ideal) and â€Å"thou shalt nots† (conscience) * Rules and restrictions of parents/society * Third to develop * Rules and morals of society * Guilty * Phrenology: theory that personality characteristics could be determined by reading the bumps on the skull. (Franz gall) * Localized thinking, feeling and personality in the brain * Attempted to be scientific in explaining characteristic behavior * Fostered scientific debate about the nature and causes of personality Person Metaphors (as a†¦) * Animal: * Respond to reward, punishment * Can be prisoner of its biology * Scientist: * Seek the truth * Try to understand the world by making/testing theories * Actor: * Idea of life as drama (roles) * Writing/acting out scripts * Backstage/onstage * Pathology as role confusion * Computer: * Hardware & software * Data * Programs needing to be debugged * Input > output * Machine: * Causes & effects * Snake biting then developing a fear of snakes * System (ecosystem) * Interconnecting living parts * Self-regulation toward homeostasis * Little changes can have big effects Homeostatic level * Avoid anxiety/fear * Pilot * The self * Being in the drivers seat, steering towards goals * Personality: 1. The stylistic aspects of how we think, feel and act and motives implied by these that make us agreeable or to live with (Dollinger). 2. The underlying causes within the person of individual behavior and experience (Cloninger). * 3 D’s 1. Description: how do we describe people? a. Traits > measures characteristics on continuous scales factors > measures an individuals characteristics based on a group of related traits types > putting people into categories 2.Dynamics: How do our personalities influence our behaviors and motivation? 3. Development: what determines our personality? * Idiographic: looks at the characteristics of a single individual * Individual, one person, different traits * Nomothetic: comparing one person to another * Group of people, one trait in different people * Assessment 1. Interviews (value interactive and subjective approach) a. Unstructured i. Clinical Judgment b. Structured ii. Training, reliability/consistency c. Both should involve empathy, warmth and concern 2. Questionnaires (large sample, need good norms, value efficiency and objectivity) d.General or specific e. Obvious or subtly f. Logically keyed (theory) g. Empirically keyed (what items correlate with) 3. Objectivity: Keeps things standardized and eliminate interviewer bias 4. Subjectivity: Assess your â€Å"feel† for who the person is and the informers reliability in answering. * Reliability: the consistency of response to a psychological assessment (standardization) * Consistency/stability * Questionnaire producing consistent results from time one to time two * Validity: the extent to which an assessment device measures what it is intended to measure * Really measu res what it claims to measure Predictive Validity: how well a test score predicts future behavior * Does a test predict a behavior that the researcher accept as a criterion for the construct being measured * Content Validity: How well the individual items relate to measured construct (face validity) * Test – retest reliability, alternate forms * Correlation * An observational method * Looks for associations between two psychological constructs * Social support and depression * Yields a number representing the degree that two constructs are associated with each other * Coefficient Pearson’s r statistic * Range -1 to +1 * -1 = perfect inverse relationship * 0 = no mathematical relationship * +1 = perfect positive relationship * Limitations * Can’t determine cause and effect relationships * Can only conclude that one or more variable are associated with each other * Good enough if goal is prediction only * Independent Variables: the variables that are manipulated. * Dependent Variable: not manipulated but measured for possible change effects.