Directress

Montessori is not simply a method of teaching children to read; it is a philosophy of life! Montessori Method for education is fundamentally based on an educational approach towards a model of human development. By human development we mean the development psychology of a human being, that is, the innate quality of any human to learn through their experiences. Montessori’s education method called for free activity within a â€Å"prepared environment†, meaning an educational environment tailored to basic human characteristics and to the specific characteristics of children at different ages.Since the Montessori Method is so unlike other educational methods, it follows that the Montessori teacher is in fact not a teacher at all, Dr. Maria Montessori called her a DIRECTRESS. In her years of observations, Dr. Montessori used the word ‘DIRETTORESSA’ taken from the Italian word ‘DIRETTORE’ which when looking into the meaning of the word is less about telling people what to do but more about steering people in the right direction. According to Dr. Montessori a directress’ role is to be an ardent observer with the goal to intervene the least as the child develops. Related article: Montessori Practical Life EssayThe directress creates an environment of calm, order and joy in the classroom and is there to help and encourage the children in all their efforts, allowing them to develop self-confidence and inner-discipline. With the younger students at each level, the teacher is more active, demonstrating the use of materials and presenting activities based on an assessment of child’s requirements. Knowing how to observe constructively and when and how much, to intervene, is one of the most important talents a directress acquires. A directress has to be very careful in praising a child.She should respond to a child’s enthusiastic approach of working at the same time she should praise the child in a way that it gets motivated through her interest rather than seeking her merit or approval. In short a directress should channelize the child’s capabilities in the right direction order to make them a self-understanding, knowledgeable, independent and a developed adult. The role of a directress with respect to teaching the child is an inactive one, the active learning must come from the child and it’s the duty of the directress to bring the child’s activeness in learning and exploring new things.They are constantly experimenting, modifying the environment to meet their perception of each child’s needs and interests and objectively noting the results. The directress’ work is to ‘guide’ the child, be like a second parent to all the children in her class. In most cases Montessori teachers are the first motherly figure that a child meets outside their homes. That’s why it is compulsory for the teacher to take on, not only the role of a teacher, but a second mother- like position too. She explains the child, in an understanding and calm manner.She is patient with them when they do something wrong. She allows the child to choose his own activity rather than force him into something in which he had no interest and also motivating them to keep the material back in place, so that the child respects his environment. If the child is afraid, she handles the child in a calm-composed manner to ease the child’s fear. The directress also makes it a point to make all the children comfortable with each other to maintain a positive environment in the class and to build a positive attitude in the child and encourage social interaction.She handles disputes, without being bias. She offers support when a child lacks confidence. â€Å"Never help a child with a task at which he feels he can succeed. † â€Å"Free the child’s potential and you will transform him into the world. † The directress acts as an active-link between the child and the â€Å"prepared environment† in a sense that all the materials and apparatus are kept in their accurate places in the class. The intellectual ability of a child that is revealed during the tender a ge of the child should be respected in all its aspects. It is like a flower that has just started to bloom.The Montessori teacher’s work in preparing the classroom together with her interactions among the children enables her to provide the children the most positive means by which they can absorb the environment. The greatest sign of success for a teacher is to exclaim, â€Å"The children are now working as if I do not exist†. Montessori uses the term ‘normalization’ to describe this unique process a child experiences in the classroom. A normalized child is â€Å"one who has overcome himself and lives in peace and harmony with the environment preferring disciplined tasks to futile idealness. She believed that children are born with innate capacities for self-governance which should develop freely. She also said that the greatest barriers to development of these natural instincts in children are adults. Thus the classroom must provide activities and motiv es for Normalization to occur. This is due to the fact that Normalization emerges as a result of deep concentration. The materials chosen by the children will emerge the, and lead them to self-discovery and awareness. Ultimately, it is the directress’ role as the ‘dynamic link’ which allows the process of normalization to occur.One must not forget, however, that it cannot occur immediately. The teacher must also prepare herself for a period of practice which may take many years. The ‘spiritually prepared’ teacher will recognize this critical factor, and through her practice as an observer of children, can further observe the spiritual growth within herself. The role of the directress is therefore, â€Å"to watch with humble reverence, day by day, the spontaneous unfolding of the children’s lives; seeking always to remove obstacles, both internal and external from their path, whilst she guides with science and sympathy the irrepressible energi es of life†.The spiritually prepared teacher will do so with a joyous heart. Only then can the most important factor in her role can be established, that is, to see the child for who he really is. The reason a Montessori teacher is called a directress is that she directs her children to a path where they want to go rather than simply teaching them the basic rules of living or transfer knowledge to them.The children are independent of the directress and explore the world according to their wish. They need the directress only in case they get stuck somewhere or they have problem in understanding anything rather than having a teacher who imparts knowledge to the child just because he have to know that. School teachers have a formal outlook towards their career whereas a directress can survive in this place only if she puts her heart filled with love into her career.

Life of a prisoner in 1800’s Essay

The life of a prisoner was very different from that of today’s prisons. The prisoners were treated as animals and considered less of a human because of their lawlessness. They were made to right the wrongs that they have committed either through â€Å"physical pain applied in degrading, often ferociously cruel ways, and endured mutilation, or was branded, tortured, put to death; he was mulcted in fines, deprived of liberty, or adjudged as a slave† (Griffiths 157). Therefore, prisons were a product of the latter punishment, which meant the accused and convicted must be deprived of his or her liberty and declared a slave to society. When in prison, the life of the accused was not as strict as today’s. There were windows that the prisoners could look through in order to beg for charity from the people walking by, and â€Å"sometimes prisoners would be allowed to sell things at the prison gates† (Rodgers 91). Although there are many differences between the life of a prison in the 1700’s and the life of a prisoner today, there are also many similarities. Each accused individual was captured by the police and taken to the nearest holding cell. These cells were in prisons called ‘local prisons.† The individual was then let free or convicted of his or her crime. If convicted, the individual was taken to the closest ‘common prison.’ During the 1700’s there were only local holding jails, common prisons, and houses of correction; later, during the 1800’s prisons became more separated and prisoners were assigned to the appropriate prison. The convicted were not stripped of their belongings like in today’s prisons, but they were searched for weapons or objects that could be used to escape. Once inside, the prisoner was assigned a small cell made of hard walls, floors covered in dirt and rodents, and a bed. If the prisoner was lucky, this bed consisted of a tiny hammock tied to opposite walls, but often times it was made of a wooden bench or the floor. For meals the prisoners were barely fed, but if they were, small rations of bread and water were given. Many times the prisoners died of starvation and dehydration

A SWOT Analysis Of PTCL Systems

A SWOT Analysis Of PTCL Systems There is no skimpy competitor of PTCL in landline but with the growth of telecommunication business of Pakistan rivalry increasing specially in mobile phone sector. There are more then 800 million subscribers of cellular phone. There are 03 big players in mobile phone industry but 3 of them are the competitor of PTCL: Mobilink, Telenor, Warid Tel. Mobilink is the largest mobile phone company of Pakistan. Mobilink is currently having more then 31,958,597 users base which is the 36% of total cellular industry of Pakistan. Mobilink is basically challenging Ufone which is subsidiaries of PTCL. Telenor is another cell phone company it have 17,841,074 subscribers which is 20 % of total mobile industry. Warid Tel Waridtel is also providing cell phone services in Pakistan. Waridtel have more than 15,114,678 subscribers which are 17% of Pakistan mobile industry. NEW COMPETITORS Other than mobile Economic forces Social, cultural, demographic, and environmental forces Political, governmental and legal forces Technological forces Competitive forces etc Internal factors are; Marketing strength of firm Financial/Accounting resources Management Computer information system Production/operations etc Why SWOT analysis A SWOT Analysis is conducted by the company so that it is able to position itself to take advantage of particular opportunities in the environment and to avoid or minimize environmental threats. In doing so, the organization attempts to emphasize its strengths and moderate the impact of weaknesses. The analysis is also useful for uncovering strengths that have not been fully utilized and in identifying weaknesses that can be corrected. Matching information about the environment with the organization’s capabilities enables management to formulate realistic strategies for attaining its goals. Strengths A professional management is running PTCL. PTCL Management is continuously allocating funds for new technology, enhancing knowledge pool, acquiring profession ally skilled personnel and so many arrangements regarding meeting the requirements of rapidly changing environment. PTCL has the largest network coverage in the country including almost all the cities and their peripheries which others lack yet. The company has got a very vast and very strong infrastructure within the country based on the landline network

Do corporate social responsibility (CSR) reports provide shareholders Essay - 2

Do corporate social responsibility (CSR) reports provide shareholders and stakeholders with useful information on corporate soci - Essay Example Similarly, disclosure of the information related to these CSR activities have become an important part of the CSR activities of the organizations. Importance of CSR Reports This trend has made its mark due to the lack of reliance on the information which is voluntarily given out by the companies as compared to the real contribution to the society. From the perspectives of academics, there is an accepted theory which widely discusses the reasons which motivates the companies to disclose their CSR information. Majority of the information provided in the CSR reports were previously considered to be the decisions or activities belonging to the private domain of these organizations. The theoretical explanation states that the organizations provide CSR performance related information to general public for satisfying their primary needs and portraying themselves as very responsible members of the society. This legitimacy enables the organizations in pursuing the primary purpose of attaining sustainable profitability which is the most important goal of all the business activities. Although the corporate sector provides huge economic benefits to the society, yet there is an increasing concern regarding the abuse or wastage in terms of utilization of the resources of the society. The society provides higher benefits to the corporate sector. It is due to this reason that it possesses the right to seek information related to the return that these organizations are providing to the society. In brief, the increasing public awareness of the public resources decides the legitimacy of the companies, thereby increasing the requirement of disclosure of CSR information in the community. CSR Reports: Providing Useful Information to the Stakeholders The term ‘corporate social responsibility’ revolves around a number of issues concerning the organizations and their interactions with the society. These issues cover governance, ethics and various other social activities li ke, community development, philanthropy, product safety, human rights, equal opportunities to all employees and other environmental activities. Consideration of the CSR activities, from the aspect of accounting, has necessary linkages with the social reporting (Brennan and Merkl-Davies, 2013). The disclosure related to social and environmental responsibilities of the organizations increase the importance of CSR reports. The social and environmental accounting forms an important part of the CSR reports (Mahoney, et al., 2013; Merkl-Davies and Brennan, 2011). The communication of the environmental and social effects of the organizational activities to the stakeholders increases their reliability towards the transparency of their operational activities (Hooghiemstra, 2000). This extends the requirement as well as performance of accountability of all the organizations. Maintenance and presentation of CSR reports have become one of the global initiatives of the governments where they hav e recognized it to be the standard for sustainability reporting. It has provided a framework which disclosed much substantial and contextual information, rather than just presenting their financial performances. This framework has also ensured the fact that the organizations provide meaningful and appropriate information to the stakeholde

Legality of Abortion Research Paper Example | Topics and Well Written Essays - 1500 words

Legality of Abortion - Research Paper Example The key arguments in support of abortion are to counter unexpected pregnancy, to reduce over population, and finally as the expression of woman’s right to her own body. The last is a true and correct statement as all the people have the right to do what they wish to their own bodies. However, they should understand one thing that the unborn baby is a different individual. Even though it resides inside its mother, it is a separate entity and has got a separate existence from its mother. The DNA and other elements of the body are entirely its own. Since the moment of conception, it is completely a distinct genetic individual. Looking at this issue, it is clear that abortion for any cause is wrong. Therefore, the call in favor of abortion because of unexpected pregnancy or abortion for the sake of convenience or as an expression of woman’s right to her own body is not tenable. Arguments for and Against Admittedly, the first and most prominent argument against abortion is t hat if abortion has been deemed to be moral in any phase of human development, there would not have been a greater cry for the enactments of law banning abortions. Admittedly, most of the religions in the world oppose the legalization of abortion. Abortion is similar to murder where an unborn baby is chopped up for the mistakes of his parents or sometimes for the benefit of others. As there is an inception of life since the conception, abortion can be regarded as a crime against the sanctity of human life. No civilized society permits to harm an individual intentionally or take one’s life without punishment and so abortion also is not an exception. Hence, in a society where murder is considered to be immoral and a crime, abortion must also be considered as a punitive crime. Some others argue that abortion is an alternative for contraception on the ground that any method that is used to prevent a woman from being pregnant can be considered as contraception. However, it is fund amentally foolish to claim so because unlike contraception that prevents pregnancy from taking place, abortion is committed only after the woman becomes pregnant. Pregnancy is a result of the failure to use effective contraceptives. Equating abortion with contraceptives is a falsified idea. So, abortion cannot be given the meaning of contraception. Abortion of pregnancy as a result of rape is another kind of moral puzzle. In the case of a molested or raped girl, proper medical care can ensure that she will not become pregnant. Abortion in such cases means to punish an innocent human being who had no role in the committed crime. Instead of punishing the unborn baby, it is the rapist or molester who is to be trialed and punished. In addition, one has to give attention to the physical and mental impacts of such an abortion on the woman. An easy measure adopted for time being or momentary convenience may, thus, result in or pave way to serious problems in the future. However, most of th e abortions are taking place among teenagers who do not have sufficient life experiences. What they can do in this regard is to be prudent enough to use contraceptives before going into physical relations. A suitable philosophy at this juncture seems to come from Bartter (2001), who reminds such mothers of the fact that there are thousands who do not have a child to adopt. So, instead of throwing the unborn baby into the valley of death, those mothers can give such children to those who can bring them up as their own children. Thus, getting rid of the

Islamic finance and conventional finance Research Paper

Islamic finance and conventional finance - Research Paper Example There is a growing global concern of the inequity in the allocation of wealth and income in the modern world, between and within countries, than has been witnessed before, with little hope of bridging the disparity. In this perspective, this essay will discuss ways in which Islamic finance can be seen as an innovative way that could substantively redefine finance and why it is different from conventional finance. Islamic finance is distinguished from conventional finance by the key attribute of adding moral and ethical aspects to fiscal transactions, hence providing a practical alternative to promoting responsibility in a free-market economy (Warner 301). Unlike the conventional financial and banking system, Islamic finance prohibits the opportunities for gambling-like speculation (or maysir), exchanging money for money (or riba) and making profit maximization the only endeavor for investment managers while disregarding other human perspectives of wealth. Instead, Islamic finance has innovatively introduced financial products based on Islamic law and also regulated and reciprocated by conventional monetary rules and regulations. Islamic Finance Products From the below examples, one can see that Islamic finance is geared towards reducing financial exploitation, especially among the less privileged. All rates of return are determined by the asset transaction, unlike conventional finance systems that base the returns on the interest accrued from loaned money (Warde 124). This is why it is increasingly appealing not only to non-Muslim countries, but also non-Muslim individuals, by redefining the way they perceive financial transactions. Istinaa: Also known as Commissioned Manufacture, Istinaa is a contract for the manufacture of goods under the perspective that speculation avoids the sale of a product that a person does not own yet. A promise under agreed specifications is arrived at, and a bank commissions the manufacture, hence undertaking the risk, and later sel ls to the buyer at agreed profit (Timur 799). Ijara: This is a leasing contract in which a party obtains an asset under lease for a specified cost and time from another, often a bank. All the risk is borne by the bank while a portion of the installments pay towards completion of the purchase at the time the asset will be transferred. Mudaraba: This is a trustee-type partnership financing whereby one party offers capital and another labor. Musharakha: This is equity participation whereby the involved parties contribute capital in terms of technical expertise or assets and set an agreed percentage of the risk and returns. If a bank is involved, it purchases property alongside the customers, and repayments are partly constituted of payback and rent. Differences between Islamic Finance and Conventional Finance In Islamic finance, there is the notion of a captive market, where products are based on Islamic principles and the market comprises of customers willing to adhere to the concepts of their religion. All transactions are based on the principle of sharing profit and loss, with returns varying depending on a bank’s performance. Customers can take part in profit sharing in more equitable ways than getting predetermined returns. On the other hand, in conventional finance and banking, customer returns are irrespective of a bank’s profitability or performance (Kadri 53). The banks only treat customers as depositors who do not receive any compensation apart from interest. Unlike conventional

BOTNETS Essay Example | Topics and Well Written Essays - 3500 words

BOTNETS - Essay Example Computers have integrated deeply in our lives and it is due to this fact that the current times can be termed as the technological era. Computers have made life convenient and fast-paced. However, along with the convenience some more things have also been introduced like threat to personal information and intellectual possessions. The invention of internet has aggravated these threats and has given new means for malicious activities. Botnets is one of the newer techniques that is adapted by hackers to gain access to different systems on the network and then perform inappropriate automated tasks through them. The inception of botnets dates back to the days when the Internet Relay Chat (IRC) was very popular among the internet users. IRC is a protocol that has been developed for real time many-to-many communication. IRC consisted of channels and servers on which communication used to take place. Channels used to be operated by channel operators who were in-charge of monitoring the activities on the channels and servers. With the increase of users on IRC, conflicts also increased between the users. The users wanted to gain access to more servers which thereby created conflicts. Some of the users started developing scripts to attempt denial of service and distributed denial of service attacks on the servers to crash them. Crashing the network used to cause refresh of the server and thus assign a new user as the operator. Later, these scripts started being used to target individuals. These malicious activities began the concept of botnets. Bot is defined as malicious software that may be residing on a single computer. It is automated and runs by the command from the IRC server, it makes the computer compromised and a part of a wider network of similar infected systems. Enselmi et al. (2010) stated that this server is also called the Command and Control server and the commands are sent in Command and Control

AIS integration with ECDIS and Radar Essay Example | Topics and Well Written Essays - 500 words

AIS integration with ECDIS and Radar - Essay Example The integration of AIS with 'Electronic chart display and information system' (ECDIS) has resulted in a revolution in the field of offshore marine communication. ECDIS, better known as 'Electronic nautical chart', is a name given to nautical chart representations on computers (Scheuermann, Wolf, 1996). However nautical chart representation is one of the aspects of ECDIS. ECDIS is a complete information system, providing all necessary information about whatever is displayed on the chart (Scheuermann, Wolf, 1996). Targets from the radar and from AIS can simultaneously be plotted on an electronic chart (Strenge, Rainer, & Bober, Stefan, 2004). Thus signals from both radar and AIS can be acquired and depending on the requirement, the information can be collected from either of the two sources or from both of them. The positioning of the target on the electronic chart is carried out by DGPS positioning system and in addition through radar map matching process that was developed by Stuttgart University (Strenge, Rainer, & Bober, Stefan, 2004). The ships have large electronic chart displays (ECDIS) installed on them on which AIS data and radar information from other ships is superimposed. These large displays have nowadays been replaced by small and portable computers. The port services have the responsibility to monitor the ship traffic.

Bio-fuels and Future Energy Needs Essay Example | Topics and Well Written Essays - 1250 words

Bio-fuels and Future Energy Needs - Essay Example Americans have begun to make choices regarding the type of energy depending on the long-term sustainability of energy, in addition with the environmental impacts, portended by these choices. Because of this, agricultural bio-systems have become a significant player in the determination of the American energy sector’s future. The Future of Bio-fuels As the Main Source of Energy Although bio-fuels are still some way off replacing other forms of fuel, the diversity of biomass being converted to fuel has continued to increase (Demirbas 22). It is now becoming an increasingly popular form of energy in research, especially with soybeans and corn. However, soybeans and corn alone are not enough to change the dependence of America on fossil fuel. It has been estimated that the US has a supply of approximately one and a half billion tones of sustainable biomass every year. This can be used for producing liquid fuel, which provides for only around thirty percent of fuel that is needed f or America’s annual requirements. Another route for future bio-fuel use regards the increasing popularity of other techniques of converting biomass into bio-fuel. Currently, ethanol is developed by using only the kernels of corn since it is the only part of the corn ear that has enough sugars for fermentation and distillation. However, in the future, husks and stalks could be used for the production of bio-fuels as more advancement continues to emerge (Demirbas 23). These husks are made of the polymer cellulose that is made up of sugar molecules. If treated with an appropriate catalyst, the sugars can undergo fermentation and distillation to come up with alcohol. This would make the process of converting biomass into bio-fuels more efficient by saving on the corn itself and using the other parts of the corn plant. Once there is a way of efficiently converting biomass to bio-fuels, the pressure applied on food production by bio-fuel energy should dissipate and make this a choi ce source of energy in the future. Impacts of Bio-Fuels on Food Supplies Bio-fuels have raised concerns with dieticians, nutritionists, biologists, and farmers with regards to supply of food (Demirbas 31). A question that this technology raises is whether the use of popular food crops for the production of energy is sustainable. Over the period when it has been used, input costs have skyrocketed such as machinery, storage, fertilizer, pesticides and seeds. This has led to a carry-on effect to the consumer. Additionally, aggressive farming techniques have seen soil erosion and depletion that have caused a discernible decrease in crop yields, thus decreasing food supply to the consumers. Farmers in the Mid-west have begun to devote more of their land to the production of corn, which has led to a perpetuation of mono cropping that has led to a decrease in bio-diversity (Demirbas 38). Although the change may not be immediately discernible, the results will eventually transform the suppl y of food and the way people eat. Subsidization of agricultural products meant for energy production portends a huge influence on the health and nutrition of the American people. When mono-crops become the norm, food supply diversity dwindles and this will be reflected in the diets of the American people. Furthermore, as more crops are directed towards ethanol production, their price will fluctuate. As corn demand rises, its price will also increase leading to a rise in cost of eggs, poultry, dairy products and beef. This will prove critical to families with low income devoting 30-40% of their budgets towards food, as well as to the budgets of nutrition programs in the US that deal with such programs

Business Decision Making Essay Example | Topics and Well Written Essays - 1000 words - 1

Business Decision Making - Essay Example The data is about the education level of the selected population. There are seven sub-categories in which the data is distributed. It explains the different levels of educational qualification for the population. Classification into seven categories is too detailed and is not relevant for the company's marketing strategies. The Company is engaged in the business of snack foods, an item that is favored by almost all sections of the society. Moreover some category contains data that are too small to be of significance. Hence the numbers of categories have been reduced to three. The methodology used was to aggregate all data that showed a value of less than 10%. Only Bachelor's Degree (44.9%) and Graduate Degree (33.99%) have been shown separately. All the rest of the categories have been shown under the heading "Others'. The table indicates that out of every 100 persons, about 44 people are having qualified with a Bachelors Degree and almost 40 persons have a Graduate Degree. The category others include persons holding other degrees, undergraduates, those who have attended college but do not possess any degrees (probably because they dropped out) and those who have attended school. It can be assumed that targeting those with degrees could be more rewarding since they are in a position to earn better salaries. Snack foods do not come under the category of necessities and hence people with more income tend to spend more on such items. So the last category can be given the least importance. Data has not been reduced, only aggregated. Since the data is given in percentages and adds up to 100, the value of 21.82% pertaining to "Others' was obtained through simple addition of values of the individual categories included there. Census Trend 1980 to 2000 Summary Report - Basic Variables: The table shows the increase in population starting form 1980 to 2000. 1980 1990 2000 Total Population: Male + Female 57,441 61,469 64,637 Male Only 29410 31964 33030 Female only 28031 29505 31607 It can be seen that the number of males and females are almost equal and hence both of them should be given importance when formulating marketing strategies. There is a small growth in population to the tune of 7% in 1990 and 5% in 2000. Average number of persons living in a house is low. This indicates that there is a large number of people living alone. Data has been reduced as well as aggregated. The point has been put across sufficiently with the data in the above table. Occupation and Employment Summary Report - Means of Transportation to Work: This indicates the different modes of transport used by people going for work. This is relevant since people could eat snack food during time spent in traveling. Those driving alone are not in a position to do this and they are not included here. So the table has been prepared according to the possibility of eating while traveling. Mode Percentage Time Taken (In Minutes) Possibility Subway 22.6 45 - 59 Yes - Has most time and high numbers Bus or Trolley 15.5 5 - 9 Yes - Less time Carpooled 7.0 10 - 14 Yes - More time, but less chance Walked 6.0 90 or more Yes - Low numbers, highest time Worked at home 4.3 Work at home Yes - High chance but low numbers Taxi 2.4 60 - 89 Yes - High Chance but low numbers Others who can eat 0.9 35 - 44 Yes- High chance but

The Catholic Bishops Essay Example for Free

The Catholic Bishops Essay Evangelisation in England and Wales is a report written by Philip Knights and Andrea Murray for the Catholic Bishops Conference of England and Wales published in 2002. Knights is a member of the Catholic Missionary Society. Murray teaches at Ushaw College, Durham. The bishops commissioned the report to assist the Church’s evangelisation efforts in the new century, aware that congregations were declining in size and that members were growing older. The report consists of eight chapters and 172 pages of text. There is also a foreword by Crispian Hollis, bishop of Portsmouth and Chairman of the Mission and Unity department of the Bishops Conference. The â€Å"Introduction† (7-10) describes how the research was conducted. A section follows this on â€Å"Theological Background† (11-55). Section three continues theological reflection with an exploration of the concept of â€Å"Missio Dei† (56-67). Section four discusses the contexts in which evangelisation takes place (68-79) then section five describes the â€Å"Framework of Analysis† (80-84), leading into the presentation of data in section six (85-132). Section seven, on â€Å"locations of evangelisation† (133-156) begins to suggest â€Å"some possibilities for evangelisation† while the final section offers â€Å"some recommendations† (157-169). The research behind the report included reviewing theological material on evangelisation including Church â€Å"documents and statements†, participant observation, interview and use of a questionnaire (7). The questionnaire was sent to several constituencies. These were Catholic parishes, priests, seminarians, bishops and diocesan officials. The largest constituency was the first, since more than four million people belong to Catholic parishes. The authors’ describe â€Å"Participation and Sample Size† in an Appendix, commenting that in order to ensure at least 1,000 responses from parishes, 5,000 questionnaires were distributed in 1250 â€Å"randomly chosen Catholic parishes† (171). 23% of these were returned. 1250 priests were sent questionnaires, of who 36% responded. 55% of bishops and officials responded of the 120 who received questionnaires. A 44% response rate came from seminarians. Pilot surveys tested drafts of the data-collecting instrument before the final version was distributed. All sections draw on the results of the social science type research and quotes from respondents are used throughout, placed in text-boxes. Section begins by defining the meaning of the term â€Å"evangelisation†, commenting that Catholics prefer this to the word â€Å"evangelism† which is widely used by Protestants. The Catholic Church has preferred the term â€Å"evanglisation† since the 1970s (29). The term â€Å"mission† has receded in usage, in the main due to colonial connotations (30). â€Å"Evangelism† tends to be associated mainly with personal or individual transformation: evangelisation has â€Å"a greater sense of the cosmic† (30). On the one hand, the terms †evangelism† and â€Å"evangelisation† can be used interchangeably (20). On the other, evangelism is more commonly associated with presenting the Gospel to â€Å"those who are not Christians† (12) often verbally, while â€Å"evangelisation† has a broader scope. Indicating that as many as 79 definitions of evangelisation are available, the authors offer their own definition, emphasizing that â€Å"evangelisation† includes living the Good News as well as proclaiming it. Evangelisation does not end when people become Christian but continues in formation and renewal of existing Christians and of converts and in transforming the whole of humanity and the world so that God’s kingdom of â€Å"love, peace and justice† become a reality (14). This broad definition of evangelisation challenges the tendency, noted by the authors, to limit its scope to trying to persuade non-believers to believe. The authors stress that evangelisation is God’s work, not an human work. God’s presence may be found in â€Å"unexpected places† (16) and the Church must not be regarded as having an exclusive claim on God’s presence or on God’s actions. As well as bringing new members into the Church, evangelisation also seeks to make less active members more active, to win back those who have left the church and to develop the life of parishes (18). Evangelisation, too, has a special concern for people on the margins, whether due to poverty, social circumstances or other reasons (16). Pages 23-29 trace the derivation of the word â€Å"evangelisation† from the Biblical word for Good News, or Gospel. Taking the Good News into all the world, the authors say, which Jesus entrusted to the apostles and they entrusted to the Church, involves more than winning converts. It has to do with manifesting God’s love in the world (28), establishing loving communities by deeds as well as by word. Throughout, the authors are eager to stress that evangelisation is the task of all Christians, not of a chosen few or of priests and religious only. Those who have been evangelized must become evangelizers (48). People’s gifts vary but all have a part to play. Building on their biblical research, the authors use three terms to indicate what might be understood as stages of the evangelisation process, kerygma (proclamation), koinonia (fellowship) and diakonia (service) which â€Å"cooperate in the task of arousing and fostering a living faith† (33). The author’s also link â€Å"evangelisation† and Trinity, arguing that it is not so much the Church that â€Å"does† evangelisation but that â€Å"evaneglisation happens to the Church† (36) which is â€Å"rooted in the Divine Communion of the Trinity† (46). There is a need to avoid the temptation to limit the scope and meaning of â€Å"evangelisation† to â€Å"any single activity† (36). The social circumstances of the twenty-first century, that is, a society of mainly unchurched people with Britain as one of the least religious countries in the world (70) demands new methods of evangelisation, new â€Å"means of communication†. The section on â€Å"Mission Dei† builds on the theological reflection by locating everything that the Church does within the â€Å"activity of the Triune God† (56). Mission is God’s work. Mission aims to â€Å"gather all things† to God through Christ and the Holy Spirit is the main agent of mission. The Spirit is not confined to the Church but is present in the world and active â€Å"in all people† including those of other faiths (61; 71). The term â€Å"mission dei† is popular with Evangelical as well as with Catholic thinkers. Again, personal responsibility for mission is stressed: because we have been transformed, â€Å"we must transform the world† (58). The aim of mission is not to preserve the Church but to establish the conditions required for God’s kingdom to dawn (62). God’s kingdom is intended for all humanity (63). The Church, however, is also central to the work of mission, the â€Å"primary participant in the mission dei† (64) because it anticipates the Kingdom (66). The Church is, the authors say, â€Å"a sacrament of the communion with God and unity among all peoples that we recognize as the kingdom of God† (66). Discussing the context of evangelisation, the authors argue that the Church needs to consider the â€Å"context† in which the people she seeks to address are located. The Church must have an intimate knowledge of society and be aware of social changes, both those that can be affirmed and those that should be â€Å"challenged and resisted† (69). Evangelisation reaches out to people in specific social, political and economic contexts. Membership of and participation in religious communities has seriously declined and younger people especially tend to have no â€Å"religious adherence† (70). Others are committed members of other faiths and of other Christian churches. Such people are to be respected. Cooperation rather than competition with â€Å"ecumenical partners† is to be preferred (71). Historically British Catholics have seen themselves as outside the mainstream of religious life and have adopted a â€Å"fortress mentality† (72). This has declined and Catholics are now better placed to engage in constructive Dialogue with thir â€Å"neighbours in Civil Society†. Decline in priestly vocations, too, impacts evangelisation, resulting in a need to reorganize parishes and to spread fewer resources more widely (73). Discussing contemporary culture, the authors argue that the trend towards fragmentation and individualism presents challenges. The post-modern idea that â€Å"great stories† and â€Å"meta-narratives† are not to be trusted challenges the Gospel, which is regarded as the definitive all comprehensive narrative. Institutions, organized religion, authority figures such as priests and bishops are distrusted as people pick and mix more freely. The Catholic Church is perceived to be out of step with some social trends, such as lifestyle choices but also on the role of women. Increasingly empowered in the wider society, the place of women in the Church appears to â€Å"lag behind† (76). Again, the authors highlight that the poor and marginalized have a special claim on the Gospel. Here, they refer to the ecumenical programme Justice, Peace and the Integrity of Creation as having particular resonance with the concerns of the age. Lobbying on issues of economic justice, environmental health are all aspects of evangelisation perceived as kingdom-building. British Catholics can help globally as well as more locally to deal with such issues as relieving the debt-burden of developing nations and with issues related to asylum seekers and refugees. Section five, on the â€Å"framework of analysis† is a brief explanation of how the social science research data was analyzed, as presented in the next section. In analyzing the data, the authors â€Å"found two frameworks helpful†. These are derived from the literary research summarized in preceding chapters. The frameworks are described as the â€Å"triangle† of â€Å"kerygma, koinonia and diakonia† and as â€Å"parish vitality†. The authors suggest that Catholics are weak at initial proclamation, that is, at attracting converts and traditionally stronger at fostering faith and serving society. Vital Parishes would function as places of â€Å"witness† of â€Å"welcome†, of â€Å"catechesis† and of â€Å"growth† whereas at present the former tends to be carried out elsewhere, such as through small-groups or special initiatives.

Contract Laws In China and America Essay Example for Free

Contract Laws In China and America Essay I.Concepts and Features of Contract and Contract Law I.Concepts A.Concept and Features of Contract 1. Concept of Contract According to the provision of Article 2 of the Contract Law of Peoples Republic of China (hereinafter referred to as Contract Law), contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations. Contract was once divided into agreement and contract. Agreement refers to the civil legal act established by both parties consensus with regard to opposite intentions, such as sales agreement. Contract refers to the civil legal act established by two or above three parties’ consensus with regard to collateral intentions, such as partnership contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings. In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Furthermore, civil contract may also be divided into creditor’s right contract, real right contract, intellectual property contract, identity contract, personality right contract, etc. In the narrow sense, contract refers to the agreement for involved parties with equal status to establish, alter and/or terminate civil rights and obligations. The contract adjusted by the contract law is generally confined to the contract of creditor’s right, real right and/or intellectual property, etc. 2. Features of Contract It can be seen from the concept of contract contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: Contract is a kind of civil legal act implemented by natural persons, legal persons and/or other organizations with equal status. As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations. Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc. In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws. On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract. As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. 3 Contract is the civil legal act in which two or more parties declare a common intention. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus. If such declared intentions are not consistent, no contract will be formed. Even though â€Å"one party cheats or threats or take advantage of the other party’s precarious situation to make such other party to conclude a contract which violates its real intention†, the party suffering damages is entitled to request people’s court or arbitration agency to alter or revoke the contract (Article 54.2 of the Contract Law. For similar notes cited in the following text, Contract Law will be omitted). Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations. Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished. â‘ £Contract is a civil legal relationship generated on an equal and voluntary basis by parties involved. That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. â€Å"Parties of a contract have equal legal status and one party may not impose its will on the other party† (Article 3); â€Å"Parties have the right to conclude a contract voluntarily according to law and no unit or individual may intervene illegally† (Article 4). â‘ ¤Contract is the civil legal act which is legally binding. â€Å"The contract concluded according to law is legally binding upon parties involved. Parties shall perform their obligations as agreed and may not alter or terminate the contract with no consent†; â€Å"The contract concluded according to law is protected by law† (Article 8). Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses. B. Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense. In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved. â€Å"The core of contract law is the exchange of promise†. However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof. Therefore, the scope contained is not comprehensive. Just as Bayless stated, â€Å"The contract law pays attention not only to enforceable contracts and   agreements, but to adjusting the result of no contract or agreement concluded†. Therefore, the concept of contract law in the narrow sense is not suitable to apply. The concept of contract law in the broad sense proceeds from the object normalized thereby, namely the transaction relation, and defines the contract law as â€Å"the law relating to the individual transfer of property or labor service†. Most scholars in our country also consider that contract law is the law adjusting the dynamic property relations. Both contract law and real right law adjust the property relations, however, â€Å"the real right law stipulates and adjusts the static state of property relation while the contract law stipulates and adjusts the dynamic state of property relation†. Given that the contract law comprehensively adjusts the transaction relation and the establishment of a contract equals to the formation of a transaction, the performance, alteration, cancellation and termination of the contract constitute the transaction process. Consequently, it’s necessary for the contract law to stipulate the procedures to conclude the contract by parties involved, ineffectiveness and revocation of the contract, remedies upon the failure or part failure to perform the contract, various specific contracts, etc. In a word, any and all transaction relations may be adjusted by the contract law. The definition of contract law as the law adjusting the transaction relation precisely summarizes the nature and fu nctions of the contract law. 2. Features of Contract Law The contract law takes adjusting the transaction relation as its content and is applicable to various civil contracts, which determines the contract law has the features different from those in other departments of civil law (such as personality right law). These features are: Contract law has strong randomicity. Under the condition of market economy, the transaction development and property growth require the market subjects to be independent and fully express their wills. Laws shall leave broad space for the transaction activities of market subject and the intervention of government in economic activities shall be limited to the extent prescribed in the contract. The requirements put forward by the market economy against the law which endow parties with freedom to act as far as possible are thoroughly expressed in the contract. Therefore, the contract law mainly regulates the transaction through random norms rather than mandatory norms. For example, though the contract law stipulates various contracts with certain titles, it does not necessarily require parties to design the contract content precisely in accordance with the provisions prescribed in law concerning the contract with certain title, but parties may negotiate to determine the contract articles freely. As long as the articles negotiated by parties don’t violate the prohibitive regulations of laws, social public interest or public morality, the effect of the contract is acknowledged by law. Notwithstanding law stipulates the contracts with certain titles, parties are not prohibited from creating new contract forms. Although the form to establish a contract is stipulated by law, unless otherwise specially prescribed about the contract form, parties are allowed to freely choose the contract form in principle. In short, a majority of norms of the contract law may be altered by parties through agreements. The contract law also takes the freedom of contract as its basic principle; therefore, the contract law can be called as law at will in this connection. â‘ ¡Contract law emphasized the principle of consultation on an equal footing and compensation of equal value The object normalized by the contract law is transaction relation, which requires the principle of consultation on an equal footing and compensation of equal value in nature. Just as Marx indicated, the commodity is â€Å"equal by nature†. In the exchange of commodities, â€Å"only the owners of commodities with equal status stand at opposite sides, and the means of occupying others’ commodities may only be used to alienate their own commodities.† The exchange of commodities inevitably requires conforming to the law of value so as to carry out the exchange of equivalent labor, which determines that the contract law attaches more importance to the principle of consultation on an equal footing and compensation of equal value than other laws of civil law. â‘ ¢Contract law is a uniform property law. Market economy is an open economy, which demands for the integration of domestic market with international market, domestic trade and international trade. As the basic law of the market economy, the contract law should not only reflect the requirements for a uniform market with a set of uniform rules, but also integrate with international conventions. â‘ £Contract law is the law producing social wealth. Market economy is a developed credit economy, with all credit systems established on the basis of contract relations. A developed credit economy needs promise and agreement. At the same time, the more solid and universal the promise and agreement are, the more developed the credit economy is. II. Comparison of Development History and Textural Difference between Chinese and American Contract Laws A. Different Development Histories of Contract Legal Systems in China and US 1. Emergence of Contract and Contract Law Contract is the result of commodity economy, which emerges along with the emergence of commodity economy and develops along with the development of commodity economy. The contract law is accompanied with the emergence and development of the contract. In later period of clan society, due to the emergence and accumulation of private property, the exchange of products among people was becoming increasingly extensive and certain rules came into shape gradually. In the beginning, these rules were guaranteed by oaths, customs and other ways. When the oaths, customs and other ways were incapable to guarantee the implementation of trading rules, the social community emerging as the times required (organ of state power) thus formulated legal norms to supersede the foregoing. The earliest contract law of human society was developed from customs, so it’s called as customary law. However, the continuous development of society, especially the development and change of social   imbalance, made the customs different in various regions and groups, which resulted in customs here and now being inconsistent with those there and then, thus leading to transaction disputes. This determined that the written law would gradually substitute the customary law. The Code of Hammurabi promulgated by ancient Babylonian Empire in the 18th century BC is the most ancient and most well-preserved written law discovered so far in the whole world, which has 282 articles in total, among which over 120 stipulates contract norms directly. The Twelve Tables and Corpus Juris Civilis promulgated by ancient Rome have more complete legal norms about contract, acting as the most complete and typical law reflecting the production and exchange of commodities among ancient laws and playing an important role in the legislation of capitalist countries in later ages. The French Civil Code in 1804 was based on Roman law. The civil laws in European countries, except Britain, mostly originated from Roman law and formed the so-called â€Å"Roman Law System†. Along with the colonial expansion of these countries, the impact of Roman law was further extended to more regions of the world. After the Second World War, the contract law of early modern period was properly modified to become the modern contract law. 2. Development History of China’s Contract Law The ancient laws in our country had some regulations about the contract. According to the records of Rites of Zhou, there appeared written contracts such as â€Å"panshu (bamboo or wooden slips on which the texts of borrow and loan are written)†, â€Å"zhiji (sales contract)†, â€Å"fubie (borrow and loan contract)† in Zhou Dynasty. â€Å"Where any party asks for the government authority to deal with any dispute arising from debt borrow and loan, the case may only be accepted with the â€Å"panshu† previously co ncluded present†. â€Å"Where any dispute arises from a borrow and loan contract, the official in charge of trying such dispute should make a judgment according to the articles specified in fubie†. â€Å"Where any dispute arises from a sales contract, the official in charge of trying such dispute should make an award according to the articles specified in zhiji†. All these written contracts were main basis for government authorities to judge right and wrong and determine the debt liabilities. In the following dynasties of Qin, Han, Sui, Tang, Song, Yuan, Ming and Qing, laws had several regulations about contract and contract system. However, in ancient times, our country was always with the agricultural economy which was self-sufficient and self-supporting, and the commodity economy was not developed. As a result, the norms of contract law centering on trading rules was also not developed, with no specialized civil code. Even in the collection of various laws such as Tang Code and Great Qing Legal Code, articles pertaining to contract and contract system are also rarely seen. Since the founding of the Peoples Republic of China, the contract law of our country has achieved significant development. In the initial stage of new China, the Financial and Economic Committee of the Government Administration Council under Central People’s Government promulgated the Interim Measures for Organs, State-owned Enterprises and Cooperative societies to Conclude Contracts or Agreements on September 27, 1950, and the Trade Department formulated the Decision Pertaining to Earnestly Concluding Contracts and Strictly Implementing Contracts as well as the norms relating to various specific contracts such as sales contract and contract labor agreement of capital construction in the same year, all of which ascertain the legal norms of contract system and contract in the new China. Needless to say, due to the impact of wrong course and wrong trend of thought, the legal nihilism was rampant and the contract system was once cancelled in late 50s. Especially in the period of the â€Å"Great Cultural Revolution†, all the contract systems, relevant laws and regulations were discarded. In the Third Plenary Session of the Eleventh Central Committee of the Party, the wrong policy of â€Å"taking the class struggle as the outline† was abandoned, the focus of work of the Party and the nation was shifted to developing economy, and the strategic decision of reform and opening up to the outside world was made in the session. All of these opened up a promising prospect for the development of contract legislation . The Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law were successively approved by the Standing Committee of the National People’s Congress on December 13, 1981, March 21, 1985 and June 23, 1987. It is especially worth mentioning that the General Principles of the Civil Law approved in the Fourth Session of the Sixth National People’s Congress explicitly regulates the system of civil rights and the system of civil liabilities, playing a very important role in perfecting the system of contract laws in our country. Through more than a decade’s legislation, our country has formed the legal system of contract laws which is guided by the General Principles of the Civil Law, backboned with Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law, and based on the contract norms in specialized laws such as Maritime Law, Civil Aviation Law and Copyright Law and a set of administ rative laws and regulations normalizing contracts. All these laws have greatly promoted the economic development and the establishment and development of socialist market economy in our country. However, along with the establishment and development of socialist market economy, this legal system gradually presented new defects. In order to adapt to the requirements of economic construction and development, it’s necessary to proceed from the actual situations of our country, summarize the experience of ten years’ contract legislation and borrow general international practices to formulate a uniform and relatively complete contract law. On October 1993, the Commission of Legislative Affairs of the Standing Committee of the National People’s Congress embarked on drafting the contract law on the basis of the legislation program approved in the Eighth Standing Committee of the National People’s Congress. According to the advice from all sources, the Standing Committee of the National People’s Congress further modified the draft for many times to form the Contract Law of People’s Republic of China (Draft) and submitted it to the Second Session of the Ninth National People’s Congress for deliberation. Through serious and earnest deliberation by people’s representatives, this important law was finally approved on March 15, 1999, which is a glorious page in the legislation history of the Republic, marking that the legislation of our country’s socialist market economy is ushering a new phase. 3. Development History of American Contract Law As a whole, the American laws are developed on the basis of inheriting British laws. Although American laws are influenced by British laws at different levels in different fields, the contract rules formed in the British common law and equity law have a significant impact on American contract law. Therefore, when investigating the historical evolution of American contract law, it’s necessary to review the early development history of British contract law. a. Lawsuit of Promise in Early Britain In the medieval period, British law had not formed the concept of contract. The earliest to emerge was the so-called lawsuit of promise, namely, when the promisor violated his/her promise, the promisee might file a lawsuit with the court to force the promisor to implement the promise. The principle pursued by common court when trying such lawsuit was: only making a promise cannot generate a right of action; under normal conditions, promise doesn’t have the effect of compulsory ex ecution, exceptional situations excluded. In contrast to the practice of common court as mentioned above, other courts showed more active attitude towards accepting the lawsuit of promise. First of all, ecclesiastical court regarded the promise with oath as an irreversible one according to canon law and rendered the implementation. Secondly, in the court of equity, the Chancellor decided that since one party suffered loss because of the other party’ failure to perform his/her promise, such party shall obtain the compensation. However, till the 16th century AD, common court won the battle with the court of equity and ecclesiastical court striving for jurisdiction. In this process, the jurisdiction of common court was increasingly enlarged and the common law became the main part of British law. The opportunity for the contract law to develop through the judgments of ecclesiastical court and court of equity was always limited. From the 15th to the 16th century, along with the development of the relations of commodity production within the feudal society, to develop a kind of general basis for enforceable promise within the previous lawsuit procedures of common law was the urgent task to be resolved which was confronted by common court. At the beginning, common court just confirmed more exceptional situations under which the promise may be executed mandatorily. However, this didn’t change the basic principle that promise doesn’t have the effect of compulsory execution under normal conditions. Since the second half of the 12th century, common court started to confirm the enforceable effect of sealed covenant, which was a kind of written promise with a seal on. Some people considered, if common court could loosen its requirements about the form of this written document, such document may also be mandatorily executed even with no seal on. The existence of such covenant might become the general basis of the compulsory execution of promise, while till the 14th century, this possibility disappeared. Common court considered, the seal not only proved that one party had already made a promise, but also indicated that the promisor had seriously expressed that he/she would perform the promise for the promisee. Therefore, a covenant which was not sealed couldn’t be compulsorily executed. At the end of the 12th century, common court started to confirm the debt of a borrow and loan relation as the cause of action: In case one person borrowed an   amount of money from another person, the borrower should pay back the money to the lender. If not, the lender might file a lawsuit with the court to force the borrower to pay back money. Later on, common court further expanded the scope of lawsuit of debt repayment: Once a person granted a kind of material interest to another person, such person might lodge a lawsuit of debt r epayment against the latter one, no matter the interest provided was a valuable thing or personal service. However, the existence of such debt also didn’t become the general basis of the compulsory execution of promise for this debt was only confined to the interest which was already granted to others. If a promisee just accepted a promise from the promisor while obtained no actual interest from the promisor, he still couldn’t lodge a lawsuit of debt repayment. In the beginning of the 15th century, common court developed such a principle in its judgment: If someone made a promise of undertaking some kind of obligation to another one, and the promisee suffered damages in the process of the promisor’s performance of the obligation, the promisee might lodge a lawsuit to require the promisor to compensate. This is called the Action of Assumpsit for Misfeasance, whose basis was the theory of law of torts then already approved. In this kind of lawsuit, if the promisor didn’t perform the obligation it undertook, the promisee couldn’t obtain the remedy. In the second half of the 15th century, the judges of common court realized that, in order to win the battle for jurisdiction with other courts, the scope of lawsuit of commitment must be expanded. New legal precedent rule in this period was: If the promisor changed his status due to his dependence on the promise and the non-performance of the promisor made the promisee suffer damages, the promisee might also obtain the remedy. Till the 16th century, the previous scope of lawsuit of commitment was newly expanded, namely, when two persons made promises to each other and the promise of one party constituted the transaction object promised by the other person, even if no party of the two performed his obligation, the promise to be carried out shall have the effect of compulsory execution. The reason to adopt such rule was that, once the promise was made, the promisee has an expectation for the implementation of the promise, which should be protected, even if the promisee didnt perform the corresponding obligation, nor suffered â€Å"damages†. Generally speaking, the 17th and the 18th centuries were the period during which British contract law slowly developed. b. Evolution of American Contract Law in Modern Society The American historian Henry Maine said in 1861 that, â€Å"till now, the movement of this developing society has always been a movement from identity to contract.† This sentence indicates the profound revolution undergone by western society from the feudal times of middle ages to the times of â€Å"laissez-faire capitalism†: In the feudal society, human relation was determined by their identity; in the period of â€Å"laissez-faire capitalism†, human relation was determined by the agreement reached between them. The whole 19th c entury is regarded as the century of contract by western historians. The United States, just independent from the colonial domination of the Great Britain, entered in such a century soon after its establishment. In this period, main systems of British and American contract laws were both confirmed. With regard to the main body, American contract law remained consistent with British contract law. In this period, the consistency of American contract law with that of western countries was: The contract concluded by parties involved was generally considered as having the effect of compulsory execution. Once confirmed, such effect shall become absolute, and may not be changed by state will. In the second half of the 19th century, as the laissez-faire economy developed toward an extreme orientation, to safeguard individuals right to freely conclude contracts had become the primary goal of laws. In the eyes of Americans at that time, â€Å"in nature, justice is to safeguard lawful contracts†. The freedom of contract in the 19th century gave a full display of personal â€Å"independent will† and made private economy taking the â€Å"struggle for existence† as the motive power obtain rapid development with no government restraint and intervention. However, in late 19th century and early 20th century, the defects caused by this unlimited freedom of contract had fully appeared. In this period, contract laws of western countries underwent a new round of modification. The result was, the previous social movement â€Å"from identity to contract† started to turn to the social movement â€Å"from contract to identity†. In the US, since this century, especially since the Roosevelt’s New Deal in the 30’s, personal freedom of contract has received more and more restrictions. Today, the â€Å"identity† is playing an important role in determining the relation of rights and obligations among people for the second time: Workers are protected by â€Å"workers compensation law† due to their identity, and the article of employment contract preventing the employer from undertaking the compensation liability for industrial accidents is no longer legally binding. Similarly, the lessee of rental agreement, the insurer of insurance contract and the demanders of various contracts of public service are all protected by certain laws due to their special identities. It can be seen from the aforementioned change that, in modern American contract law, to provide special legal protection for the vulnerable party of a transaction has already become a consistent policy. Another feature displayed by American contract law in the process of its modern development and evolution is that, the impact of traditional British common law and systems and principles of other laws is decreasing, which is fully reflected from the fact that the Uniform Commercial Code abandoned and modified the traditional system of British contract law. B. Textual Difference and its Reasons between Chinese and American Contract Law Systems Given the development history of contract and the difference between Chinese and American political systems, there are following features when comparing Chinese contract law with American contract law: First, the contract law in our country is a uniform contract law applicable to all regions of China, whether in capital Beijing or western provinces. Second, this contract law is drafted with a round axis structure. Basic principles  are firstly stipulated, and then some specific contracts, such as sales contract, lease contract, etc. In this way, the basic principles are regarded as the axis, and many specific contracts are radiated to satisfy different transaction requirements. For example, the transport contract has the problem which cannot be covered by basic principles. This problem can be resolved by combining the axis and the excircle. American political system is different from Chinese political system, and the development history of American contract law is also different. In America, it’s impossible for the legislative body to approve a law with the two features as mentioned above. America has no uniform contract law, nor state contract law. The international contract laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and New York Arbitration Treaty are commonly used in all used in the whole United States. However, with regard to the contract among American individuals, no law is promulgated by the federation. Consequently, there is no federal legislation with a round axis structure in America. Basically, each state has its own contract law and is responsible for developing basic principles of such law. The contract law of one state is not only applicable to the court of the state, but also binding on the federal court sometimes. In other words, as long as the state contract law exists, the federal court shall apply it. Of course, when 50 different contract laws are adjusting the same legal fact, the court will be confronted with a problem, namely, how to achieve the consistency of application of law? It’s also necessary to notice that American contract law is developed by the court rather than the legislative organ. You must be familiar with the concept of common law, which was formed in Britain and then introduced to America. The contract concept of the common law is formed th rough a long time. Their judges make the judgment and give opinions on the judgment. Now, in this connection, the greatest exception is the UCC. American UCC is a uniform law. In America, every state has its own laws, but these laws cannot cover all transactions. Some are involved with transaction of several properties, such as the transaction and lease of products and some are related to bank business, security trading, e-commerce, etc. However, the construction contract and real estate contract are adjusted by commercial law. Since different state laws may result in different court judgments, if the Congress can approve a law with the round axis structure, these problems will be soon resolved, because doing that can get all transactions under the adjustment of one law. C. Summary The development histories of Chinese and American contract law systems are different. Chinese culture has a long history and the contract law system was born very early. On the contrary, the US is a new country breaking away from the colonization. Although American economy is developing rapidly, its legal systems are mainly inherited from the Britain; especially the American contract law is significantly influenced by the contract rules formed in Britain common law and equity law. In short, China has a uniform contract law applicable to the whole nation, while America has no uniform contract code other than international contract laws. In addition, the difference of Chinese and American political systems leads to a great difference in the textural structures of Chinese and American contract law   systems: Chinese contract law system is based on basic principles which guides various specific contract law systems so as to form a complete set, while America has neither guidance of basic principles in the contract law nor uniform contract law applicable to the whole nation. All in all, the development history and political system of a country influence its legal system. III. Conclusion The economic globalization and political polarization are two trends of the world development. Since China has joined the WTO, how to coordinate our laws is the central issue in the field of law. Nowadays, the world has ushered in the era of knowledge economy and the advancement of science and technology is crucial to the economic development. However, the development of economy as well as the development, transfer and application of technology will inevitably require reforming the traditional contract law system. Some countries have already been reforming the current contract law systems quietly. The birth of China’s new Contract Law is confronted with the era of knowledge economy rather than that of planned economy or the transitional period from planned economy to market economy. The development of science and technology in the era of knowledge economy is so vigorous that it’s probable that difficulties in application will soon emerge after the implementation of new contract law, or even some regulations are already outdated. This situation may be considered as normal because law is the superstructure, which is always behind the economic development. Therefore, any law has to be continuously reformed and perfected. Bibliography 1. http://legal-dictionary.thefreedictionary.com 2. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press 3. Ewan McKendrick, Contract Law Text, Cases and Materials (2005) Oxford University Press 4. P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press 5. Randy E. Barnett, Contracts (2003) Aspen Publishers 6. Scott Fruehwald, Reciprocal Altruism as the Basis for Contract, 47 University of Louisville Law Review 489 (2009).

Training for employees and organizations

Training for employees and organizations Training is the process of learning that involves knowledge acquisition, sharpening of skills, concepts; it changes the attitudes and behavior of employees towards work and hence enhances the performance of employees which ultimately leads to high productivity and quality performance of the organizations. The concept of training and development changed a lot during 1990s and 2000s, contributing to high employees performance and meeting organizations goal. As training involves designing and supporting learning activities to achieve certain level of performance where as development refers to the long term growth and learning, focusing the attention on what the employees may need to know or do at some future time. The focus of training is on currents job, tasks and responsibilities where as development refers to future job development (David, 1999). In this context training and development is important for the organizations that aim to have a competitive advantage, high productivity and qulality performance through highly skilled, trained and flexible workforce. As the skilled and trained employees can increase productivety by performing higher level of work with grater value and efficiency. Similarly the skilled and trained workforce can improve an organizations operative flexibility due to their broad knowledge of multi skills. This helps the management to introduce new technology and change production methods. As it is correctly stated that in the current competive climate efficient production even of technically unsophisticated products benefits from technically advanced machinery operated by a workforce with a high level of skills Another important aspect of training and development is that it leads to job satisfaction, employee commitment and motivation as emplyees should be considered as valued assest, a source of competitive advantage through their commitment, adaptability and quality of skills and performance (Juliana S,2004). 2.Purpose Of Training and Development For Employees: For employees training is one of the most important strategy to gain proper knowledge and skills needed to meet the environmental challenges. Employee training and development cannot be just attained by attending seminars and learning about the latest equipment, it requies proper planing to create a nurturing, supportive workplace, where the employees can gain at the maximum and can know about the latest techniques and methds to meet the challenges of the rapidly changing technology and business processes. Well trained, qualified employees are an asset for the orgnaization as they contribute in determining long term profitability of the business trhrough their skills. As training is not just for new employees on job and continuous training and development is necessary for individual and organizational performance. The purpose of traning and development should be to encourage creativity, inventiveness and shape the organizational knowledge so that the employees can differentiate their company from others and make it unique. It is a fact that none of the organizations can hire people with all the expertise and knowlelge of business processes required for carrying out various functions, it is the systematic process of trainig and development of personel that contributes to the attainment of organizational goals and challenges (Jelena VemiĆ¡, 2007). According to American Society for Training and Development (ASTD) president and Chief Executive Officer, business is investing more in training and development than ever before. According to ASTD 1996 companies have realized that a well trained workforce leads to competitiveness. The greater the organizations want excellence the more imminent the employees training becomes. In the organizations where information is not propagated through training and development lead to little or no performance. (Isiaka Sulu Babaita, 2010). The results of significant training and development have moved average performers to efficient performers as the following diagram shows: Source: (Mike Sondalini 2007) Reasons for emphasizing training and development programs for personnel in todays business world includes: To readily create a pool for available and adequate replacement of personnel who may be leaving or moving up in the organization. To help improve the companys ability to adopt new and advanced technology because of highly knowledgeable and trained staff. Training and deveolpent programs contributes to a more efficient, effective and highly motivated team, which enhances the companys competitive position and improves employee morale. Training and development programs motivates employees to develop a greater sense of self-worth, dignity and well-being. It ensures adequate human resources for expansion into new programs. Training and development help employees to learn how to use the resources in an approved fashion that allows the organization to reach its desired output. More over the purpose of employee training and development should not only be attainment of new knowledge, abilities and skills but it should be ensured this program develops entrepreneurship, encourages employees to adapt to new changes according to their attitudes and they should be involved in the process of decision making so that they can contribute more to the organizations in the most effective way (Jelena VemiĆ¡, 2007) 3.Purpose Of Trainig and development For Organization: According to Cascio (1989) training and development is a package consisting of planned programs designed to enhance performance at the individual, group and at organizational levels. The process of training and development in any organization is aimed at solving significant problems, proper analysis of its contribution to the effectiveness and efficiency of the organization and an aid in adjusting to work environment that can increase the capacity of individual or group in contributing to the attainment of the organizational goals (Isiaka Sulu Babaita, 2010). Training and development programs in an organization lead to increased productivity, it reduces the employee turnover, and it enhances the employees efficiency resulting in financial gains. The figure shows how training and development programs are interlinked with the business environment, changes and challenges, the learning process and ultimately resulting in business excellence. (Source:http://traininganddevelopment.naukrihub.com/training.html ) According to Daniel (2003) training should not be taken as a luxury or a remedy to train weak employees, it should not act as a group of physicians who minister organizational ills, but it should act as an agent of change. Further the training unit should understand the strategic directions of the organization and its core functions and design and implement the training session accordingly and should move the employees in direction incompliance with its core values. In the current scenario the organizations have realized the importance of training and development and shifted their thinking accordingly. It is evident to the organizations that training is where skills are developed; attitudes of employees towards are changed, ideas are evolved and organizations are reinvented. Training and learning new skills will increase the sales build effective and efficient team, improve the quality, standards of work and meet a broader range of objectives hence creates a new organizational cultur e. Training and development has grown its concerns not only to help individuals to improve their skills, enhance their knowledge, but also helps whole organizations and sub departments grow and develop (Isiaka Sulu Babaita, 2010) 4.Companies Using Training And Develpoment Program: 4.1 Siemens Siemens is one of the leading technology business and one of the largest electrical and electronics engineering companies in the world. Siemens understands the fact that for a business to be competitive, it is important that it has the right number of people with the right skills in the right jobs. For this purpose it carries on work force planning that enables it to audit its employees, their skills and identifies the areas where their is a skills gap necessary for its objectives. As Siemens has a business focused on innovation therefore it needs to anticipate and respond rapidly to external business environment such as climatic change. To tackle with the climatic changes and other internal business changes Siemens either recruit new employees with the required skills or train the existing employees to develop their skills in order to fulfill their business demands. Siemens train their employees either by providing on job training or by off job training. Further siemens has three ma in development programs for the entry level people who start their careers with siemens, who are benefited from the training and educational programs to enhance their skills required by the company. These programs are: Apprenticeships Siemens Commercial Academy Siemens Graduate Programmes An appraisal system named as Performance management Process is used by Siemens to measure the effectiveness of its training and development program, this process helps to focus everyone on the developing needs of the business. There are several benefits for Siemens in using appraisal. It can Ensure that all training is being used well and for the best interests of the company Keep all staff up-to-date in a fast changing business Make sure that staff is well motivate Get feedback from staff on changes Make sure staff is involved in changes. Siemens needs motivated and well trained staff that have up to date skills in order to be competitive, as it understands the fact that well trained staff is an asset to the company therefore provides its staff with a learning environment where they not only enhance their knowledge but also sharp their skills. (http://www.thetimes100.co.uk/case-studytraining-development-strategy-for-growth89-335-1.php) 4.2Case study Of Nestle: Nestlà © is today the worlds leading food company, with a 135-year history and operations in virtually every country in the world. The most important parts of Nestlà ©s business strategy and culture are the development of human capacity in each country where they operate. Learning is an integral part of Nestlà ©s culture. The policy deals with recruitment, remuneration and training and development and emphasizes individual responsibility, strong leadership and a commitment to life-long learning. Nestlà ©s principle is that each employee should have the opportunity to develop to the maximum of his or her potential. As it pays off in the long run in their business results, and that sustainable long-term relationships with highly competent people and with the communities where they operate enhance their ability to make consistent profits. It is important to give people the opportunities for life-long learning as at Nestle that all employees are called upon to upgrade their skills in a fast-changing world. 4.2. Training Programs at Nestlà ©: Nestle provide different training programmes to train its staff to be benefited of their skills and abilities. Therefore the willingness to learn is an essential condition to be a part of Nestlà ©. The employees are given on job training. It is the responsibility of the concerned manager to guide and coach the trainees and ensure the staff makes progress in his/ her position. Literacy Training Most of Nestlà ©s people development programs assume a good basic education on the part of employees therefore the company provides the employees the opportunity to upgrade their essential literacy skills. A number of Nestlà © companies have therefore set up special programs for those who missed a large part of their elementary schooling. Nestlà © Apprenticeship Program Apprenticeship programs have been an essential part of Nestlà © training where the young trainees spent three days a week at work and two at school. Local Training As two-thirds of Nestlà ©s employee work in factories therefore they are being trained on the continuous basis to meet the business needs. Further a number of nestle operating companies run their own residential training centers. Local training is the largest component of Nestle and nearly 240000 employees get training every year. It is the responsibility of the manager to provide appropriate and continuous training to the employees, for this reason the managers are also provided training to enhance their coaching skills. (http://www.mbaknol.com/management-case-studies/case-study-of-nestle-training-and-development/) 5.Training Methods The methods chosen to train the employees should motivate the employees to learn, help them retain and transfer what they have learned and enhance performance with other skills and knowledge. There are two broad types of training which most of the organizations adopt to train their new and existing employees: On the job training Off the job training On job trainnig program is for the emplyees who perform their jobs regularly. Its a time saving technique as the employees are in the process of learning while they are on job. In this type of trainig a plan is developed about what should be the employees taught, to involve the emplyees to participate actively they should be in formed about the details, in short a plan layout should be communicated. Futher the on job techniques include orientations, job instruction training, apprenticeships, internships and assistantships, job rotation and coaching. Off-the-job training is the employee training at a site away from the actual work environment.this technique includes lectures, special study, films, television conferences or discussions, case studies, role playing, simulation, programmed instruction and laboratory training. (http://www.zeromillion.com/business/personnel/employee-training.html) 6.Training Evaluation Training evalution is the proces of evaluating the training program and should be an integral part of the training program as it checks whether the desired results are achieved or not. And ensures wheether the employees are able to immplment their learning to the work place or not . 6.1.Purposes of Training Evaluation The five main purposes of training evaluation are: It helps in giving feedback to the emplyees defining the objectives and linking to learning outcomesof the training program It helps to ascertain the relationship between acquired knowledge, transfer of knowledge at the work place, and training. It helps to control and alter training program because if the training is not effective, then it can be dealt with accordingly. It helps to determine that whether the actual outcomes are aligned with the expected results of the trainig. source:http://traininganddevelopment.naukrihub.com/training-evaluation.html 7.Conclusion: It can be concluded that trainig and development programs are essential for all type of organizations and for all employees, as it enhances the skills and knowledge of the employees which ultimately results in high performance and increases organizations productivity. There major outcomes of training and development programs are that the emplyees who are trained requires lesser super vission than the employee who is yet qualified but not trained. Training is a source of increasing employees confidence in carying out any task with efficiecy and more accurcy. Similarly the orgnaizations which invest in their employees tend to have more productivity and have lower employee turnover. Although training costs money and time but ultimately it benefits the organizations with highly skilled workforce and high performance leading to high profits.

Red Guards :: essays research papers

Red Guards In the summer of 1966 there was a new effort on the part of the head leaders in China to further control the actions and thoughts of the people in China. The Red Guards were the force to do it all. A group of kids who mostly in their teens and some in college were put into this gang. This so-called military force was called the Red Guards. Groups of these Red Guards traveled from the large cities all the way to empty country sides. They held huge demonstrations at every stop. Their main goal was to eliminate as many as possible of the customs and traditional thoughts of the old China. They participated in Long Marches and other activities. The man they looked up to most was a person by the name of Mao. They carried huge portraits of him and also carried banners and flags. Many people in the group beat on gongs and drums. Some observers said it looked more like a circus then a political demonstration. They did a lot of things that many thought were outrageous. At one point they raced widely through Peking denouncing anyone who was in a business. They even made a demand to change the meaning of the colors in a stop light. According to the Red Guards, that because the color of communism is red, that you should go on red and stop on green. When the Red Guards added students from another school or workers from another factory they decorated the entrance with purple paper, lanterns and a red cloth covered with flowers. People who did not agree with Mao Tse-tung and his teachings were often dragged through the streets and forced to wear dunce caps. The main reason of course was to humiliate. This group in time became more destructive. Even some of China's highest leaders were taken. The Red Guards demonstrations lasted through fall, and winter of 1966 and well into 1967. The Red Guards highly looked up to Mao they thought of him as a father who shared the same views. Chairman Mao greatly influenced many of their decisions. They stormed on to railroad trains to spread their ideas coast to coast. Many people thought of them as a disorderly young army. Most of their efforts were devoted to wholesale destruction of reputation and careers. One of their best weapons were political posters which were about many high political figures. Political people were not the only ones to be embarrassed, professors and engineers were also humiliated by the young group. Many young people agreed with the Red Guards and their point of views.

Vaccination and Eradication of Smallpox Essay -- Biology Medical Biome

The Vaccination and Eradication of Smallpox Smallpox, a disease caused by the variola virus, has devastated humanity for many centuries. Because of its high mortality rate, civilizations around the world sought to protect themselves from this disease. Throughout the 1700's, these protective methods became more sophisticated, and led up to Edward Jenner’s vaccination method in 1796. Indeed, the World Health Organization, the Center for Disease Control and the Agency for International Development began a joint program to eradicate smallpox in 1967. It utilized methods of mass vaccination, surveillance, and containment. The endeavor was successful, and in 1980, WHO officially declared the eradication of smallpox. Since 1000 B.C., the world had been plagued by the variola virus, the causative agent of smallpox. The disease has a 30% mortality rate (Centers for Disease Control [CDC], 2004). Consequently, it was a great victory for humankind when the World Health Organization (WHO) officially declared the eradication of smallpox from the world. The smallpox vaccine was the first vaccine ever developed, and the eradication was the first successful eradication of a disease. Therefore, it is very important for society to study the processes that led to the vaccination and eradication of smallpox. Inoculation, a process that offered protection from smallpox, can be dated back to 1000 B.C. In China, the smallpox scabs were powdered and blown into noses, and in India, pus was rubbed into skin lesions to immunize the healthy individuals against future infections. Throughout Asia and Great Britain, inoculation was also frequently practiced (History and Eradication of Smallpox, n.d., p.2). Inoculation methods improved over time. Originally, ... ...enner's smallpox vaccine. Great Britain: Heinemann Educational Books. Centers for Disease and Control. (2004, December 30). Smallpox Overview. In Centers for Disease Control and Prevention. Retrieved July 20, 2006, from http://www.bt.cdc.gov/agent/smallpox/overview/disease-facts.asp History and Eradication of Smallpox. (n.d.). Retrieved July 20, 2006, from http://www.portfolio.mvm.ed.ac.uk/studentwebs/session4/32/history.htm Ogden, H. G. (1987). CDC and the smallpox crusade. Washington, D.C.: U.S. Department of Health and Human Services. Razzell, P. (1977). The conquest of smallpox. Sussex: Caliban Books. World Health Organization. (n.d.). The World Health Organization Smallpox Eradication Programme. In WHO smallpox eradication programme. Retrieved July 20, 2006, from University of Toronto Web site: http://choo.fis.utoronto.ca/fis/courses/lis2102/KO.WHO.case.html Vaccination and Eradication of Smallpox Essay -- Biology Medical Biome The Vaccination and Eradication of Smallpox Smallpox, a disease caused by the variola virus, has devastated humanity for many centuries. Because of its high mortality rate, civilizations around the world sought to protect themselves from this disease. Throughout the 1700's, these protective methods became more sophisticated, and led up to Edward Jenner’s vaccination method in 1796. Indeed, the World Health Organization, the Center for Disease Control and the Agency for International Development began a joint program to eradicate smallpox in 1967. It utilized methods of mass vaccination, surveillance, and containment. The endeavor was successful, and in 1980, WHO officially declared the eradication of smallpox. Since 1000 B.C., the world had been plagued by the variola virus, the causative agent of smallpox. The disease has a 30% mortality rate (Centers for Disease Control [CDC], 2004). Consequently, it was a great victory for humankind when the World Health Organization (WHO) officially declared the eradication of smallpox from the world. The smallpox vaccine was the first vaccine ever developed, and the eradication was the first successful eradication of a disease. Therefore, it is very important for society to study the processes that led to the vaccination and eradication of smallpox. Inoculation, a process that offered protection from smallpox, can be dated back to 1000 B.C. In China, the smallpox scabs were powdered and blown into noses, and in India, pus was rubbed into skin lesions to immunize the healthy individuals against future infections. Throughout Asia and Great Britain, inoculation was also frequently practiced (History and Eradication of Smallpox, n.d., p.2). Inoculation methods improved over time. Originally, ... ...enner's smallpox vaccine. Great Britain: Heinemann Educational Books. Centers for Disease and Control. (2004, December 30). Smallpox Overview. In Centers for Disease Control and Prevention. Retrieved July 20, 2006, from http://www.bt.cdc.gov/agent/smallpox/overview/disease-facts.asp History and Eradication of Smallpox. (n.d.). Retrieved July 20, 2006, from http://www.portfolio.mvm.ed.ac.uk/studentwebs/session4/32/history.htm Ogden, H. G. (1987). CDC and the smallpox crusade. Washington, D.C.: U.S. Department of Health and Human Services. Razzell, P. (1977). The conquest of smallpox. Sussex: Caliban Books. World Health Organization. (n.d.). The World Health Organization Smallpox Eradication Programme. In WHO smallpox eradication programme. Retrieved July 20, 2006, from University of Toronto Web site: http://choo.fis.utoronto.ca/fis/courses/lis2102/KO.WHO.case.html