Wednesday, July 31, 2019

Pointers in Humanities

POINTERS IN HUMANITIES Test 2 year title what happen Chapter 2 Pre-Spanish Period Malayo-Polynesian Alphabet Chapter 3 The Spanish Period (1565-1898) Contribution of Spaniards, Miguel Lopez de Legazpi – 1st gov. gen in the phil. Chapter 4 The Period of Enlightenment (1872-1898)3 priests killed GOMBURZA – Propaganda Movement(1872-1896) Chapter 5 The American Regime (1898-1941) First elected president â€Å"Gen.Emilio Aguinaldo† Chapter 6 Japanese Period (1941-1945) 3 poems HAIKU,TANAGA,KARANIWANG ANYO Chapter 7 Rebirth of Freedom (1946-1970) Start of PALANCA AWARDS Chapter 8 Period Activism (1970-1972) Youth Power of Activism Chapter 9 Period of New Society (1972-1980) September 21 ,1972-PERIOD OF NEW SOCIETY;Continuation of PALANCA Awards Chapter 10 Third Republic (1981-1985) â€Å"Ends of Martial Law† Chapter 11 Periods (1896-1999) â€Å"People Power† Test 1 1. hernando abaya-â€Å"Betrayal in The Philippines† 2. antonio enriquez-â€Å"Spot s In Their Wings And Other Stories† 3. ricardo demetillo-â€Å"The Heart of Emptiness is Black† 4. irilo bautista-â€Å"The Ritual†;†The Archipelagp†;†The Man Who Made a Covenant With The Wind†;†Charts† 5. Salvador P. Lopez – â€Å"For Freedom and Democracy† 6. maria luna lopez – â€Å"I Married a Newspaperman† wife of Salvador lopez 7. September 21 ,1972-PERIOD OF NEW SOCIETY;Continuation of PALANCA Awards 8. Abbre –â€Å"KKK,SAGUPA,KTPD,SDK,MDP 9. jose lacaba – writers in activism period â€Å"DAYS OF DISQUIET†,† NIGHTS OF RAGE†,† THE FIRST QUARTERS STORM AND RELATED EVENTS† 10. Genoveva Edroza-â€Å"Kwento ni Mabuti†;†AKO’Y ISANG TINIG† 11. Pedro Dandan-â€Å"Mabangis na Kamay,Maamong Kamay† 12. Elpidio Capulong-â€Å"Planeta, Buwan at mga Bituin† 3. palanca awards- Carlos Palanca Sr. ; started in 1950; 14. teodo ro agoncillo-â€Å"ANG MAIKLING KWENTONG TAGALOG† 15. juan laya – â€Å"HIS NATIVE SOIL† 16. Rafael Zulueta da Costa – â€Å"Like The Molave† 17. Salvador P. Lopez – â€Å"Literature and Society† 18. The good fight- President Manuel L. Quezon’s autobiographynarciso reyes 19. three poems- in Japanese period HAIKU,TANAGA,KARANIWANG ANYO 20. bembol roco-lead role in the movie†MAYNILA†¦SA MGA KUKO NG LIWANAG† 21. Fernando Poe Jr. -AGUILA 22. Hilda Coronel-â€Å"INSIANG† 23. freddie aguilar – singer â€Å"ANAK†; revision of â€Å"BAYAN KO† 24. hiela coronel- a PANORAMA staff 25. jaja-â€Å"JUSTICE FOR AQUINO, JUSTICE FOR ALL† 26. people power-â€Å"Feb. 21-25, 1986†; aka. LAKAS NG BAYAN 27. nvm Gonzales – â€Å"LUNSOD NAYON AT DAGAT DAGATAN†;†Seven Hills Away†;Poet and Fictionist 28. jesus peralta-â€Å"Grave for Blue Flower† 29. estrella alf on-â€Å"The White Dress† 30. narciso reyes – â€Å"LUPANG TINUBUAN† 31. liwayway arceo – â€Å"UHAW ANG TIGANG NA LUPA† 32. Alejandro Abadilla-â€Å"MGA PILING KATHA†;†MGA PILING SANAYSAYA† 33. PEN-Poets, Essayist, Novelist 34. July 4, 1946 – Philippines regained its freedom 35. CCC- Children’s Communication Center

Tuesday, July 30, 2019

Role of MIS: Employee Privacy Rights in the Workplace

The Information Age came upon us. As a concept, or stage of human history, it suggests a number of propositions. It implies that there is more information now than ever before an indisputable claim. The concept also implies that more people spend more time producing and using more information than ever before another indisputable assertion. In recent years and for the foreseeable future, organizations have been facing rapidly changing business environments which have challenged their executives (both Management Information Systems (MIS) and non-MIS) to handle issues such as downsizing, outsourcing, leveraged buyouts, strategic alliances, flexible manufacturing, just-in-time scheduling, globalization, business process re-engineering and total quality management. These environmental changes have placed demands on there MIS departments to support product innovation, new production techniques and changing organizational designs and to provide timely, high-quality information. The introduction of the Internet, e-mail, and other forms of electronic communication has revolutionized the workplace and given rise to new and improved business practices, including widespread access to information and instant communication among suppliers, customers, and employees. Management encourages employees to make full use of these new electronic tools to further the company's business objectives and that is where Management Information Systems are employed. However, increasing use of electronic communication has spawned new forms of employee misconduct. As management responds to employee abuse of electronic communications, the tension between management fights and employee privacy fights is heightened. Management wants to be free to fully monitor electronic communications to ensure that they are used for legitimate business purposes in the company's best interests. Employees seek to safeguard their privacy and want the freedom to use these new electronic tools for personal and business purposes. This ongoing struggle – between privacy and management fights – underlies the legal issues arising from employee e-mail and Internet use around the world. Data Analysis The extended theory founded on this core belief divides U.S. economic history into different eras, depending on the primary economic activity during the period (Duncan 1994). From colonial times until late in the 19th century, the American economy was agrarian. Then, roughly from the dawn of the 20th century through the end of the Second World War, it was preeminently a manufacturing economy. Industry especially heavy industry was the motor that drove the entire economic engine. After World War II, the American economy increasingly came to be dominated by its service sector. By the mid-1950s, more than one-half of all U.S. employment was devoted to providing services rather than to fabricating goods (Duncan 1994). The Pre-Information Age business office was supported by the hierarchical managerial system to keep track of employees and the work they produced (Dmytrenko 1992). Office equipment included information producing tools, such as typewriters and adding machines. Most of the equipment was simple, manual in operation, bulky, and noisy. Clerical staff primarily used this equipment, as they were the appointed information processors of the time. Early efforts to improve office efficiency used industrial engineering techniques, employing time and motion studies to standardize the work tasks of office support staff, and maximize the workflow through effective office design. Information management was categorized as an intensely manual recordkeeping process (Dmytrenko 1992). Filing systems (alpha and/or numeric), and cross-referenced indexes were the prevailing records management techniques employed, and to be on the safe side, offices maintained multiple copies of the same document for back-up purposes. These practices resulted in increasing demands for office space dedicated to files. The Information Age is reshaping the office of the 2000s. One source of confusion is the fact that the movements from manufacturing to services, and then to information, were of a different character than in earlier transitions. In the first place, while the transition from an agricultural to a manufacturing-based economy was marked by a decline in the number of jobs in agriculture, there has been no such diminution in the number of manufacturing jobs after the shift to a service economy. Moreover, American manufacturing currently accounts for roughly the same percentage of U.S. Gross Domestic Product (GDP) as three decades ago (Duncan 1994). Changes are taking place in the organizational structure and operations of businesses. Identifying and handling key issues in the MIS is essential for executives to support and run their organizations efficiently and effectively. The investigation of the key issues by researchers serves to enhance the understanding of the concerns of executives and suggest relevant areas of investigation by management researchers. Employers are concerned that their employees are spending a considerable amount of time on the Internet, browsing and sending e-mails regarding subjects that are totally unrelated to their job duties during work hours. In addition to harming productivity, employee access to the Internet creates more opportunities for employees to engage in virtually unprotected speech that could create liability for the employees and their employers. Most worrisome is the possibility that computers are used to download pornography or materials offensive to minorities which may then be distributed around the office in electronic attachments or printed and viewed by groups of employees. Such conduct could in turn lead to harassment complaints by employees. The widespread and rapid distribution of offensive or discriminatory material can poison a work environment and may also give rise to criminal charges. The ability of employees to transfer company information via e-mail that does not have sufficient confidentiality protection, such as a nondisclosure agreement, to outsiders puts that information at risk of losing its status as a trade secret and puts the employer at a distinct disadvantage with the loss of information. Employers might wish to discipline or discharge employees who jeopardize company proprietary information. The Internet also contains content protected by copyright or other proprietary fights, opening up the potential for direct, vicarious, or contributory copyright infringement liability claims against employers should the information be downloaded and utilized without the proper authority. At common law, the employer is vicariously liable for torts committed by an employee in the course of his or her employment. Therefore, the doctrine attaches to the employer's responsibility for the tortuous conduct of the employee without the existence of fault on the part of the employer. However, this doctrine does not absolve the employee from liability for tortuous conduct, and the employer may, in fact, claim an indemnification against the employee for moneys paid to a third party due to vicarious responsibility. For these reasons, many employers have begun monitoring employees' use of e-mall and the Internet which raises issues related to the employee's fight to privacy and about the new privacy legislation. It is becoming more commonplace for inappropriate and illegal Internet usage to be the determining factor in employee discipline and dismissals in unionized settings. The only question to be determined now is whether the inappropriate e-mails and Internet usage are just cause for dismissal. Arbitrators weigh each fact situation to determine the extent of the disciplinary offense and the appropriateness of management responses in the context of the collective agreement. Although e-mail is likely included in the definition of â€Å"telecommunication,† the real issue lies in whether or not e-mail monitoring on a computer desktop or server falls within the definition of â€Å"intercept.† Due to the way that e-mail is transmitted, it is unlikely that it could be intercepted as defined in the Criminal Code. â€Å"Intercept† means interference between the place of origin and the place of destination of the communication (Rasky, 1998). E-mail is transmitted from one computer through (usually) two Internet Service Providers onto a network server, and once that is complete so is the transmission. Consequently, the e-mail is simply just waiting to be retrieved by the recipient from the network. As a result, an employer that views a message which has been sent and saved onto a company's server is not really intercepting the message within the meaning of the Criminal Code (Coon and Cocker, 2001). There is no definitive ruling on who owns the e-mail in the issue of e-mail sent or received by an employee via his or her employer's computer system. This could be argued in two ways. One view is that e-mail sent or received in this context is property of the employer, to which an employee maintains no reasonable expectation of privacy. Thus, a search of e-mail in the workplace is really nothing more than a search of an employer's property (Rasky, 1998, p. 221). A second perspective is to view sent or received e-mail as the property of the employee. Employers assign employees e-mail addresses and allow employees to have e-mail passwords. Thus, this approach suggests that employees have a reasonable expectation of privacy in their workplace e-mail (Mclsaac, 2000, p. 2-86). The courts to date have not specifically addressed the issue of e-mail privacy within the workplace, although it was held in R. v. Weir (1998) that an individual's home e-mail via the Internet â€Å"ought to carry a reasonable expectation of privacy.† Therefore, as Internet and e-mail monitoring becomes more commonplace in the workplace, the only deterrent to employers may be couched in terms of the new privacy legislation and the required consent that will be required of an employee when an employer wishes to monitor. The focus would then be shifted to one of the reasonableness of the substance of implementation of the consent and monitoring policy along with the various factors inherent in that implementation such as the notice given to the employee of the search policy, the clarity of the policy, and the fairness of the administration of the policy (McIsaac, 2000, p. 2-87). Conclusion The Information Age suggests that the role of information is more important in the economy than ever before, and that information is replacing some earlier â€Å"fuel† of the American economy (Duncan 1994). These days the primary problem for most organizations and their employees is not the shortage of data but being able to evaluate what is useful and what is not, where to find the good stuff, and then how to use it effectively. The rapidly increasing use of Internet and e-mail in the workplace has introduced complicated issues related to the areas of potential liability of employers arising from the improper use of the Internet and e-mail by employees, as well as creating numerous privacy issues which must soon be addressed by all employers – union and nonunion. If employers specify and disseminate clear and concise e-mail and Internet use policies, they will be able to significantly reduce the risk associated with employee misconduct in this area. Not only should the policies be clear and concise, but they should also be communicated to the employees in such a fashion that all employees understand the policy and the consequences of breaching that policy. Employers can be concerned that their investments and MIS tools are being misused by employees, but at the same time clear communication and respect for the fights of employees and their privacy will encourage a positive, healthy work environment along with a decreased risk for potential liability for all parties involved. We agree that the Canadian Courts and arbitrators will need to make a concerted effort to understand the new technology and the various problems that arise as a result of that technology and then strike a balance between employee fights to engage in concerted activities vs. employer property and entrepreneurial fights. References Coon, Kevin & Jonathan Cocker. (2001) Legal Issues of E-mail and Internet Access in the Workplace. Internet and E-Commerce Law in Canada 1. January 2001: 81-87 Duncan, Joseph W., (1994) The Information Age on Shaky Foundations, Challenge, 05775132, Jan/Feb94, Vol. 37, Issue 1 Mclsaac, Barbara. (2000). Law of Privacy in Canada. Scarborough: Carswell. Rasky, Holly L. (1998). Can an Employer Search the Contents of Its Employees' E-mail? 220 Advocates Quarterly 20: 221-28 Dmytrenko, April, L., (1992) The information age has arrived or `much ado about everything', Records Management Quarterly, 10502343, Oct92, Vol. 26, Issue 4          Case: R. v. Weir (1998) 213 A.R. 285 (Q.B.)      

Monday, July 29, 2019

Effective Strategies For Cross-Cultural Communication Research Paper

Effective Strategies For Cross-Cultural Communication - Research Paper Example With the completion of systemic and structural transitions, the leaders of the new employee groups are appointed and trained on the core leadership courses that involve the inclusion of tolerance when dealing with people from diverse cultural backgrounds. The leaders are informed on the essentials of communication, and how positive communication strategies motivate the workers and instill good organizational behavior. After carrying out the Integration activity, the company bonds the employees together, questioning about their experiences and the advantages they have acquired from the process of acquisition.  With the completion of systemic and structural transitions, the leaders of the new employee groups are appointed and trained on the core leadership courses that involve the inclusion of tolerance when dealing with people from diverse cultural backgrounds. The leaders are informed on the essentials of communication, and how positive communication strategies motivate the workers and instill good organizational behavior. After carrying out the Integration activity, the company bonds the employees together, questioning about their experiences.   To measure the impact of the outcomes of the training process to alleviate the stresses of cross cultural communication. In Microchip, the company achieves its goals every year, with the results reflecting an 80%achievemnt in purpose fulfillment. It is evident from the case of Microchip that the main solution to the difficulties in communication is training.

Sunday, July 28, 2019

Individual theories of delinquency Essay Example | Topics and Well Written Essays - 750 words

Individual theories of delinquency - Essay Example The choice theories have their basis on criminology classical school. The main emphasize here is on one’s potential to come up with certain choices. According to these theories, delinquency and various antisocial behaviour results from different traits and processes that are biological such as the dysfunction of the brain and several others. The psychological theories just like the choice theories mainly traces the delinquency causes on different factors in an individual. However, the key focus is mainly on the individual’s intelligence, temperament and juvenile personality. According to Siegel and Welsh (2010), the first explanation of crime was that individuals make various choices with regard to their behaviour. The assumption was that every individual has the free will in choosing behaviour and that those who opt to violate the law were driven mainly by their own greed, survival, vengeance or even morals. Cesare Beccaria and Jeremy Bentham who were utilitarian philosophers argued that in most cases individuals consider their action’s consequences before making any move on behaviour course. The scholars’writings formed the ancient classical criminology basis. Currently it is known as the rational choice theory. Choice theory assumption is that individual’s behaviour is a consequence that is directly linked to one’s conscious decisions either to be involved or not in a specific behaviour. According to the criminology classical school, the juveniles are people who are rational and intelligent with great potential to come up with different choices. Hence, this theory insists that before any action, young individuals calculate their behaviours costs and benefits. This theory further adds that crime is the outcome of supposing that greater gains will result from disobeying the law rather than following it. In most

Saturday, July 27, 2019

REFLECTIONS ON YOUR JOURNAL AND THE COURSE Coursework

REFLECTIONS ON YOUR JOURNAL AND THE COURSE - Coursework Example may fall sick at the workplace, either because of overworking or pitiable working conditions, they do not ask for leave because they fear losing their jobs. â€Å"Factors affecting working people today† is also another compelling story (Friedman). It details the economic and social conditions that affect workers in the contemporary society. Top of the list is unworthy working conditions, coupled with other factors such as low pay or underpay, change in technology, insecurity, and cultural and religious differences. The central theme in the stories is unworthy and deplorable working conditions that modern-day workers face in their course of duty. Poor management or negligence in the part of the administration to offer its workers a suitable working environment is a central reason for sickness and work-related injuries. From the journal reading, there are some policies and strategies that employees should adopt to ensure workers do not fall sick. Sickness and absenteeism affects productivity in a workplace, and this is detrimental to the success of an organization. It is essential that employers ensure the safety of their employees at all times through provision of appropriate safety equipment and provision of a healthy work environment. In addition, they should adhere to and enforce necessary labor

Friday, July 26, 2019

Comprehensive School Health Program Essay Example | Topics and Well Written Essays - 500 words

Comprehensive School Health Program - Essay Example The second controversial issue is that with the healthy foods on the menu, students have a choice between vegetables or fruits, but they do not have to eat them. Research shows that many students do not eat two out of the five lunch options offered in a day. According to the journal Public Health Nutrition over five hundred elementary school trays studied, students throw away a third of the grain, vegetables, and fruits (Minelli & Breckon 2009). One of the most common budgetary constraint faced by most comprehensive school health programs is insufficient funds needed for evaluation. Often these programs and projects budgets are inadequate regarding the financial support they get. As a result, evaluation funds are usually relocated to other activities. The consequence of this is that the assessment designs are over simplified. It is a way in which schools find it easy to reduce the cost and time requirements that are associated with the valuation process. Oversimplification of evaluations, designs, and procedures of the CSHPs can result in the reciprocated controversies that are related to it. A decent example of an institute that implemented creative measures to tackle budget constraints is Woodland Hills School. The school was faced with budget shrinks and pension costs increasing; the institution had to come up with creative methods to raise funds to cater for the costs. One of the imaginative means applied is through fund raisers that the institution arranged in conjunction with the parents.

Interview Essay Example | Topics and Well Written Essays - 2500 words

Interview - Essay Example ii. There are no important factors to as an undergraduate student which will help you learn effectively in your course. iii. There factors that are important to UEL graduates to assist them to learn effectively. iv. There are factors that are not important to UEL graduates to assist them to learn effectively. Introduction According to Carnell and Lodge (2012:56-57) asserted that learning is not simply the passive receiving of information. Learning means to change your beliefs, behaviours, and attitude in relation to the ideas being encountered. Learning is actually not all about gaining something from instructors or trainings but it can also be the things that we learn from other people’s experiences then to tolerate difficult things yourself. In that sense, learning is not seen as a single step process. It usually takes by and by processes to shape itself. Learning something is compared to keeping a treasure in the mind forever, it is not remembering it but considering it the way it is and the way it can be. Learning is considered as an activity of construction, but one of reception (Hewitt, 2009). Sisakhti outlines contemporary views on learning when they assert that education needs to be focused on the learner (1998:205), insisting on leaner participation in the learning process as joint course-designer, evaluator, and decision-maker. The learner is a person with various needs and they need to be considered as an integral part of learning, as also must the specific life contexts of those people who are involved in the process of teaching and learning. Effective learning involves not only acquisition of strategies, but also the monitoring and reviewing the learning in order to ascertain whether particular strategies were effective. A classroom is viewed as a very complex and multifaceted environment. Therefore, for effective learning to be attained in such an environment, it requires clearly set out strategies. A learning process for it to be considere d effective needs to include those factors that the students view as being helpful to them. The modern learning institutions such as East London University have been at the forefront of providing university education, engaging and delivering a supportive learning environment for all the students irrespective of the social backgrounds and ages. The UEL also provides equipments such libraries, computers, adequate and qualified teaching staff, and a silent and serene environment for learning, although some of these factors pose some significant challenge. The paper is going to discuss those factors that the graduate students of University of East London (UEL) find useful to promote effective learning. Methodology A mixed method of quantitative and qualitative will be used (Collis, & Hussey, 2009).The relevant quantitative data collection methods for this research are surveys with closed-end questions and sampled the questionnaire after choosing 3 from 7 interviews. Qualitative data col lection methods were interviews. The advantage of these interviews is that it allows the interviewer to clarify the subject answers and seek for follow-up information. Since the utilization of one method is considered to relay more coherent and accurate results, the research document was more inclined in utilizing interviews. The other method of data collection was conduction of a survey (Collis & Hussey, 2009). The interviews were conducted on seven University of Eas

Thursday, July 25, 2019

Auditing Coursework Example | Topics and Well Written Essays - 750 words - 1

Auditing - Coursework Example The last day of business came during 1998. During that period, Enron diversified its operation by taking part in the water sector that culminated in the creation of the Azurix Corporation. The business had part of its stocks floated in the NYSE during June 1999. a) They established numerous limited liability special purpose entities and allowed Enron to transfer the liability to their target so that it would not appear in its accounts. The decision enabled Enron uphold a sophisticated and robust stock price that kept increasing therefore maintaining its essential investments rating and credit grade. Such a fraudulent approach ensured that Enron did not report its losses and debts, besides its financial statements did not report losses and debts. Enron used a number of fraudulent accounting malpractice, bewildering, and deception to cover frauds that were supposed to be reported on their financial information. The entries depicted Enron as the most profitable organization contrary to the truth of the matter. In fact, that built the pressure to maintain the trend of profitability as earlier portrayed. For this reason, it meant that corporate officers were required to perform more financial fraud each quarter to retain the illusion The hiring of Andrew Fastow as the Chief Financial Officer by Jeffrey Skilling who was the Chief Operating Officer played a significant role in the crafting and implementation of the entire scheme. The CFO had a good understanding of burgeoning deregulated market, which the COO had the thirst to exploit. Therefore, Andrew Fastow began the establishment of several limited liabilities with the special purposes entity. Although Andrew Fastow was the chief architect in the execution, other people individual who collaborated in hiding offshore losses were instrumental in the execution as well. Yes, I think that Enron manipulated the prices and the availability of power in the state of

Wednesday, July 24, 2019

Buddhist Psychology Essay Example | Topics and Well Written Essays - 2000 words

Buddhist Psychology - Essay Example But as we begin to discover more of ourselves, and we begin to understand and honor the presence of things and people around us, we become less of a person who is self-seeking but we are slowly being transformed to become self-giving. The more we enjoy the meaning of ourselves, the more we want to share it or give part of ourselves away. As we get to know each other more, it is much simpler to be generous to others, in almost everything. This is because of our increased sense of security, we have taken from our self-awareness. In my opinion, a person who is self aware, is less insecure. We become more comfortable even in unknowns spheres and parameters. We are no longer confined to restrictions and it becomes a need to share what we are and who we are. Buddhism or Psychotherapy invokes that the further we look at/into our selves the further we are perpetuating the notion of no self. No self basically means letting go of narcissistic notions and furthermore allowing oneself to become part of a bigger picture in the world. This may sound very paradoxical but this can be explained in several ways. For example, the more we are in touch with our senses, the better we perceive the senses of others. Our personal sensitivity becomes not just means to promote our own needs but also to meet the needs of others. Simple fact such as being sensitive to foul smell, we cannot just easily ignore it, because our senses can perceive it, at the same time we subconsciously know that others smell it too, thus we begin to "care" about others, and how they would perceive things. This is purely a function of departing from our own self.Such tendency allows us to discover our inner connection to the world and other beings. As Aristotle says, men indeed are social beings. We are born to form communities and relate with fellow beings. This way of looking at ourselves, will definitely bring us back to the essentials of becoming social beings.According to Mark Epstein, "What Buddhism teaches is that the connection, the ability to find intimacy or connection, is inherent within us, and that if we can j ust surrender back into that capacity for love, that is all of our birthrights--all babies are born with that; they instinctively love their caretakers. So if we can find that again, then our relationships will take care of themselves."(Epstein, 2005) Mark Epstein pioneered the Eastern teachings of non-self, something that is so different and new to the Western mind. Instead of the usual or traditional Western teaching of separation, individuality as the ultimate psychological goals of human development, he opted to create a theory that is based on connection. Through Buddhism, the idea of "self" becomes a part of a certain whole- which is the universe. Each soul or person becomes a vehicle of spirituality, common to all people. Thus, if we look deeper within ourselves, we find it natural to relate and connect with other people because there is something common amongst all of us, it can be the presence of a higher being within us, or simply the common kind of spirituality which has

Tuesday, July 23, 2019

Safety management on a construction jobsite Research Paper

Safety management on a construction jobsite - Research Paper Example â€Å"Safety management system is a documented set of policies, procedures and work instructions that describe how a business manages and minimises the risk of injury to its workforce† (Gardener). This paper tends to explore the potential ways in which the construction jobsite safety can be managed. Essentials of safety management: Safety culture: Safety culture is defined as â€Å"the enduring value and priority placed on worker and public safety by everyone in every group at every level of an organization† (Wiegmann et al. cited in Wiegmann, Thaden, and Gibbons 3). â€Å"Norms and rules for dealing with risk, safety attitudes, and reflexivity on safety practice† are three components of a healthy safety culture (Pidgeon). Thus, by establishing a rich safety culture, management essentially involves each and every individual into the process of safety management, and the results thus derived are effective and long lasting. The safety culture can be best implemente d by preparing and strictly working upon a safety plan. The safety plan: The construction jobsite safety plan lays pattern to secure the health and safety of each and every individual on the site. The plan necessarily deals with the following areas: Assessment of health and safety threats originating both in the jobsite as well as in the areas surrounding it. Selection of appropriate methods, ways and means to reduce the risk and change it into opportunity Conduction of regular safety checks on the site Establishment of a well developed system to monitor and ensure that the safety plan is being complied with by every member in the hierarchical structure of the management as well as the workers. Factors that need to be included into a construction jobsite safety plan are as follows: Assessment of the abilities of organizational members and assignment of specific responsibilities related to safety management according to the individuals’ abilities. Evaluation of methods to iden tify hazard like task analysis Development of methods to investigate and report the accidents that may occur on the jobsite Establishment of procedures to be followed in cases of emergency caused by earthquake, fire breakout, and chemical spill etc Identification of strategies that would ensure quick and effective communication among individuals and the members concerned Assessment of the need and frequency of safety meetings Establishment of a comprehensive audit programme for the site safety Once the jobsite safety plan has been made, there are several factors that need to be taken care of throughout the four phases of project including project planning, designing, procurement and construction. Stage 1 & 2 – Project planning and designing: In these phases, parties that are fundamentally carrying out the work are that of client and the designers or/and architects. In these phases, it should be made sure that the health and safety is given due consideration in the design deve lopment and project planning. Design of a project plays a decisive role in determining what safety measures need to be taken. The measures may vary from project to project depending upon the nature of work. Vertical construction has its own safety requirements that differ from those of the horizontal construction. In the planning phase, pre-tender requirements of the health and safety are established which the applying contractors are expected to comply with during construction. Stage 3 – Procurement: Teams involved in the procurement stage are client and contractors. In this stage, the tender document is

Monday, July 22, 2019

Honest Iago Essay Example for Free

Honest Iago Essay Iago is the most unique villain of Shakespeare There has been a lot of controversy about his motives and he has been considered as an incarnation of the devil. At the same time, Iago is one of the most brilliant Shakespearean characters although Shakespeare uses his cunningness only for diabolical purposes. He has can rightly be called an atheist of human nature and a stealthy corrupter of human piety, a fearless disturber of domestic peace and an unbeliever in and denier of anything spiritual. This is interesting to note that all characters in the play, except for Roderigo (to whom he sometimes shows his real face) have a high opinion of Iago and refer to him as â€Å"honest Iago†. He uses this high oestimation of him by these major characters to befool them. The Mutual relationship between Iago and Othello is of trust and reliance on the part of Othello but it is conniving and devious on the part of Iago. Iago has same relationship with Cassio. Cassio is also deceived by the seeming virtue of Iago and actually believes that ensign is a kind-hearted man. But at the same time is a rival to Iago in the royal court. Another facets of his relationship with Othello and Cassio is that he (Iago) lives the part of a blurt outspoken plain fellow who is always prepared to say what he really thinks without caring for the effect it may have on others. Othello is shown as a trustful and thorough in his trust for Iago. Although when Iago starts working on him, he suspects him and asks for evidence, yet from the beginning of the play, he seems to have put entire confidence in the honesty of Iago, who had not been his companions in arms. This confidence is misplaced but it is no sign of stupidity in Othello. He does not have a distinctive fear of him. We find this even before Iago has set a trap for him. Othello fears the monster â€Å"too hideous to be shown† that he discerns about Iago’s thoughts. This manifests a strange relationship based on paradoxical feelings. It is of confidence, trust and fear. But latter events show that Othello’s trust in Iago overpowers the instinctive fear. This happens due to Othello’s non-meditative nature. He does not contemplate over issues and does not weigh their motive and consequences. And this is the thing that helps Iago to get control over Othello. A. C. Bradley rightly says in this regard; The sources of danger in this character are revealed but too clearly by the story. In the first place, Othellos mind, for all its poetry, is very simple. He is not observant. His nature tends outward. He is quite free from introspection, and is not given to reflection. Emotion excites his imagination, but it confuses and dulls his intellect. On this side he is the very opposite of Hamlet, with whom, however, he shares a great openness and trustfulness of nature. In addition, he has little experience of the corrupt products of civilised life, and is ignorant of European women. (p. 217) Relationship between Iago and Cassio exists and develops on the same lines as that of Othello’s. Cassio has a high opinion of Iago and considers him an unmatched person in Florence but Iago’s opinion of him is prejudiced and biased. Iago dismisses Cassio as a mere theorist and not a practical warrior. In their mutual relationship Cassio’s genuine honesty is contrasted with Iago’s seeming honesty. We are never certain that we understand why Iago commits his evil deeds. Coleridge calls his evilness as â€Å"motiveless malignity† (315) there is no doubt that he is throughout an artist in villainy. There is no mystery in the psychology of Iago and the key to Iago’s motives may lie in the composition of his character. One of the noticeable traits in his character is keen sense of superiority and contempt for others. There also the annoyance of having always to play a part, the enjoyment of the action and the absence of fear. Iago’s sense of superiority has been thwarted and it needs satisfaction. The fullest satisfaction, it could find would, no doubt, be in the consciousness to take revenge from those who are so successful and popular. In addition to his strong desire to satisfy his sense of power, there are also certain other forces which drive him on. One of these is a pleasure in action very difficult and perilous. This action and pleasure lends him artistry in the art of being spiteful against other. All these characteristics if nature and his disposition play a part in making him a great villain of Shakespeare. These motives appear and disappear in the most extraordinary manner. Resentment as Cassio’s appointment is expressed in the first conversation with Roderigo, and from that moment is never once mentioned again in the whole play. Hatred of Othello is expressed in the first act only. Desire to get Cassio’s place scarcely appears after the first soliloquy, and when it is gratified Iago does not refer to it by a single word. The suspicion’s of Cassio’s intrigues with Emilia emerges suddenly as an afterthought. Iago’s love of Desdemona is alluded to in the second soliloquy; there is not the faintest trace of it in word or deed either before or after. The mention of jealousy of Othello is followed by declarations that Othello is infatuated about Desdemona and is of a constant nature, and during Othello’s suffering Iago never shows a sign of the idea that he is now paying his rival in his own coin. In the second soliloquy he declares that he quite believes Cassio t0o be in love with Desdemona; it is obvious that he believes no such thing, for he never alludes to the idea again, and within a few hours, he describes Cassio as an honest fool. All these motives have strange paradoxical characteristics in them but it could not have been coincidence that Shakespeare has attributed so many motives to Iago. All these motives manifest the intricate nature of Iago’s characters and disposition. In addition to a man of action, Iago also seems to be something of an artist who takes delight in undertaking a complicated task in a meticulous manner. The action he starts and works out is intricate. We get an impression that at some stage, the action Iago initiates remain no longer within his control and power but rather becomes his master. It is as he was fated to do what he does. Works Cited Bradley, A. C. Shakespearean Tragedy: Lectures on Hamlet, Othello, King Lear, Macbeth. 2nd ed. London: Macmillan, 1905. Colderidge, Samuel Taylor. Lectures 1808-1819 On Literature. Ed. R. A. Foakes. Volume 2. Princeton, New Jersey: Princeton University Press, 1987. Shakespeare, William. Othello. New York: Penguin Books. 1993.

Sunday, July 21, 2019

Multilingual communities: Effects of code switching

Multilingual communities: Effects of code switching In multilingual communities, code-switching is a widespread phenomenon that happens from daily life and workplaces to classrooms in which specific languages have been instituted as the official languages of instruction. Malaysia is one of the nations that have multilingual communities that consists of three main races; Malay, Chinese and Indians. From 1957 to 1967, language was used as an important tool in order to achieve unity and Bahasa Malaysia becomes the national language. Previously, English was compulsory in all schools especially the vernacular schools and due to the lack of English educators at that time, the idea was off the hook. In 1967, English language status was removed but it was still used nationwide. 1.1 Background of Problem In 1956, the Education Review Committee aimed to establish multicultural education systems that support other languages since Malaysia have multilingual communities and English becomes part of it. Today, English had becomes an international language and unofficially second language in Malaysia since most people used it. English as a second language status in Malaysia has been complemented through wide use of English in the social setting as well as the education setting. Teaching of English has been greatly emphasised by the government through its ministry. Due to this matter, the declining level of English proficiency among students has brought about the need to find out how to tackle the issue. Teachers, consequently, have been employing code switching as a means of providing students with the opportunities to communicate and enhancing students understanding. Furthermore, code switching helps to facilitate the flow of classroom instruction since the teachers do not have to spend so much time trying to explain to the learners or searching for the simplest words to clarify any confusion that might arise. Code-switching should not be considered as a sign of shortcoming in the teacher. Instead, it is a careful strategy employed by the teachers. Code-switching should be allowed whenever necessary with some learners in specific situations. Richard (1985) suggests that code-switching is a term in linguistics referring to replacement between two or more languages in a single conversation, stretch of discourse, or utterances between people who have more than one language in common. Speakers of more than one language are known for their ability to code switch or mix their language during communication. This phenomenon occurs when the speaker substitutes a word or phrase from one language to a phrase or word from another language. Ayeomoni (2006) claims that many educators have attempted to define the term code switching and each understand the concepts from different points of view. Gumperz (1982) defined code-switching as the use of more than one code or language in the course of a single speech event, taken to refer to teacher utterances in the classroom. In other words, the teachers use code-switching in order to convey meanings to the students. Besides that, Numan and Carter (2001) stated that code switching as a pheno menon of switching from one language to another in the same discourse (p. 275). Appel Musyken (1987) mentioned that code switching can be divided into two categories which are intrasentential and intersentential. Intrasentential is a switch that occurs in the middle of a sentence. It was also known as code mixing. For example, my girlfriend suka ice cream. The word Suka means like in the Malay language. The real sentence is My girlfriend likes ice cream. A word from the Malay language is replaced by an English word in a sentence. The later is a switch of language that happens between sentences. A suitable example is I got an A for my drawing, awak macam mana, Farid?. Awak macam mana means what about you. The exact sentence should be I got an A for my drawing, what about you, Farid?. The first sentence uses English and the later is in Bahasa Malaysia. There is one more type of code switching which is extrasentential as introduces by Hamers and Blanc (1989), extrasentential switches include tags and fillers. An excellent example of a local extrasentential code switching that close to our culture is Later lah. Lah is a particle widely used by Malaysians and Singaporean in their speech. Holmes (2008) stated that the particle Lah is used to show intimacy or solidarity in a relationship. So, the term code switching in this study is the use of two languages within a sentence or between sentences. Intrasentential refers to the switch that occurs within a sentence while intersentential points to switches between sentences. Last but not least, extrasentential refers to the tags and fillers that do not exist in the word list of the language used. Statement of Research Problem Malaysian learners needs to become proficient English users in order to access knowledge and information available in English as well as to be able to communicate successfully, thus suggesting the important position the students may hold in the future. But before they can get to the targeted proficiency level, definitely they must get used to the English language itself. Since English acts as a second language in Malaysia, the lack of exposure is the pivotal factor that will hinders the students to become proficient in English. Thus, classroom instructions are the most valuable experience for learners because of the limited exposures to sufficient comprehensible input from the natural environment they might get. Therefore, in order to raise they proficiency level, they must gain sufficient comprehensible input. It means the students have to gain understanding towards what they learnt before thinking about raising the proficiency level. This is where a strategy to help them learn English as a second language must be applied by teachers. Code switching is a form of strategy that will solve these problems. It helps to facilitate the flow of classroom instruction since the teachers do not have to spend so much time trying to explain to the learners or searching for the simplest words to clarify any confusion that might arise. Teachers code switch when th e level of English used in the textbook or to be taught is beyond the learners ability or when the teachers have exhausted the means to adjust his speech to the learners level. Research Objective The purpose of this study is to investigate code switching in the teaching of English as a second language to secondary school students. There are several factors which are vital in determining the effectiveness of this study. Objectives of the study: To investigate the attitudes of teachers towards code switching The attitudes of teachers towards code switching The types of code switching Function of code switching in instruction Research Questions In more details, this study will answer the following question: What do teachers think about code switching in the English classroom? Do English teachers code switch in the English classroom? What types of code switching occur in the classroom? What is the function of code switching? Definition of Terms Specifically in this study, there are several terms which are used throughout the whole study, thus it is necessary to provide the definition of these terms for better understanding as well as reference to readers. The terms are: Learning It can be described simply as mental activity that includes receiving, storing, retrieving and using knowledge. This process requires interest and often demands effort. It depends heavily on memory process. Distance Learning It can be defined as formal education process in which the majority of the instruction occurs when students and instructors are not in the same place. It is a two way between teacher and students who are separated by a geographical distance and time where the communication support the educational process. Adult learners Individuals who are experienced, financially independent, working full time while enrolled in a learning programme, have other responsibilities and enrolled in the learning programme on their will. They are also experienced, achievement oriented, highly motivated, relatively independent and also required a degree of independence in learning. In this study, adult learners refer to adult students enrolling in PJJ Programme in Faculty of Education, UiTM Shah Alam. Intrinsic motivation Intrinsically motivated actions is that which occurs for its own sake, action for which the only rewards are the spontaneous affects and cognitions that accompany it. Intrinsically motivated behaviors require no external supports or reinforcements for their sustenance. Extrinsic motivation It refers to motivation that comes from outside an individual. The motivating factors are external or outside, rewards such as money or grades. These rewards provide satisfaction and pleasure that the task itself may not provide. Institutional barriers It can be defined as structural in nature as those barriers erected by organization that provide learning opportunities for adults or all practices and procedures that exclude or discourage working adults from participating in educational activities. Situational barriers It can be defined as problem that arises from ones situation in life at a given time. Dispositional barriers It can be defined as attitudes or self perception about one self as learners. PJJ students It can be defined as part time students who come to class on every weekend and most of them are adult learners who are working. Significance This study is apparently one of the first few attempts to investigate the code switching in the teaching of English as a second language to secondary school trainee English teachers in Mara University of Technology, at Malacca City Campus. Therefore, this study may provide a useful launching pad for further research in this area of interest towards teachers from other states. The findings of this study could provide some data for future research in this area. It could perhaps also help in the more effective teaching strategy in the teaching of English as a second language to secondary school students as code switching can be considered as one the teaching strategy. Limitations This study was conducted in Mara University of Technology, at Malacca City Campus and due to this matter; the results will not be the generalization of the whole population of English trainee teachers nationwide. CHAPTER TWO THE LITERATURE REVIEW Introduction Alternation between languages in the form of code switching is a widely observed phenomenon in foreign language classrooms. Numan and Carter briefly define the term as a phenomenon of switching from one language to another in the same discourse (2001:275). Following this definition, discourse will be handled as the students and teachers naturally occurring language use in classroom settings throughout this paper. Additionally, the languages between which alternation is performed are the native language of the students, and the foreign language that students are expected to gain competence in. While putting the phenomenon of code switching in context, the functions of code switching will be introduced in various aspects. Firstly, its function in bilingual community settings will briefly be explained by giving a sample authentic conversation which will help the reader deduce ideas about its possible applications in educational contexts. Secondly, the functionality of code switching in teachers classroom discourse will be introduced with its aspects as: topic switch, affective functions, and repetitive functions. Thirdly, the focus will shift to students code switching by introducing some basic functional perspectives as: equivalence, floor holding, reiteration, and conflict control. Lastly, weak and strong sides of code switching in foreign language classrooms will be discussed with a critical approach. This chapter outlines past research on code switching especially the main factor contributing the attitudes of teachers in the use of code switch, types and functions of code switching used in the classroom. This chapter will provide a clear idea of how code switching plays role in second language learning from the perspective of previous researches and the findings from past studies. 2.1 Theoretical Background Multilingual communities have the tendency to switch code either with or without their consciousness and Malaysia is a good example of a community that practice code switching. People sometimes switch code varied within a domain or social situation. For example, when there is some obvious change in the situation, such as the arrival of a new person, it is the obvious reason why people switch code. In most cases, a speaker may similarly switch to another language as a signal group of membership and shared ethnicity with an addressee. The code switch occurs from the first language to the second language or vice versa. In addition, switches motivated by the identity and relationship between the participants often express a move to show solidarity and it may also referred as the status relations between people or the formality of their interaction. The main focus here is to examine code switching in the field of education, in other words, the correlation between code switch and English t eacher in school especially in secondary school. In order to gain a better insight into code switch and it roles in terms of education, the main concern should be focused on the fundamental concept of code switching. According to Marasigan (1983), the use of two languages in the same discourse is referred to as code-switching. Ayeomoni (2006) stated that many scholars have attempted to define the term code switching and each understands the concept from different points of view. A search of the Linguistics and Language Behavior Abstracts database in 2005 shows more than 1,800 articles on the subject published in virtually every branch of linguistics. However, despite this variation or perhaps in part because of it, scholars do not seem to share a definition of the term. A useful definition of code switching for sociocultural linguistic analysis should recognize it as an alternation in the form of communication. It also signals a context in which the linguistic contribution can be understood. The context so signaled may be very local (such as the end of a turn at talk), very general (such as positioning), or anywhere in between. Furthermore, it is important to recognize that this signaling is accomplished by the action of participants in a particular interaction. That is to say, it is not necessary or desirable to spell out the meaning of particular code switching behavior. Rather, code switching is accomplished by parties in interaction, and the meaning of t heir behavior emerges from the interaction. This is not to say that the use of particular linguistic forms has no meaning, and that speakers make it up as they go. Individuals remember and can call on past experiences of discourse. These memories form part of a language users understanding of discourse functions. Therefore, within a particular setting certain forms may come to reappear frequently. Nonetheless, it is less interesting (for the current author at least, and probably for the ends of sociocultural linguistic analysis) to track the frequency or regularity of particular recurrences than to understand the effect of linguistic form on discourse practice and emergent social meanings. In earlier studies, Bokamba (1989) suggests that code switching is the mixing of words, phrases and sentences from two distinct grammatical (sub) systems across sentence boundaries within a speech event (p. 279). The term code switching (or, as it is sometimes written, code-switching or code switc h) is broadly discussed and used in linguistics and a variety of related fields. Code mixing on the other hand, is the embedding of various linguistic units such as affixes (bound morphemes), words (unbound morphemes), phrases and clauses from two grammatical (sub) systems within the same utterance and speech event (p. 279). Numan and Carter (2001) define code switching as a phenomenon of switching from one language to another in the same discourse (p. 275). To recapitulate, code switching is a practice of parties in discourse to signal changes in context by using alternate grammatical systems or subsystems, or codes. The mental representation of these codes cannot be directly observed, either by analysts or by parties in interaction. Rather, the analyst must observe discourse itself, and recover the salience of a linguistic form as code from its effect on discourse interaction. The approach described here understands code switching as the practice of individuals in particular discourse settings. Therefore, it cannot specify broad functions of language alternatio n, nor define the exact nature of any code prior to interaction. Codes emerge from interaction, and become relevant when parties to discourse treat them as such. In a more recent publication, Unanumo (2008) regards code switching as the use of more than one language in a conversation. Appel and Musyken (1987) suggest that code switching can be categorized as intrasentential or intersentential. Intrasentential is a switch of languages which occurs in the middle of a sentence. This type of switching is often called code mixing. An example of a Malaysian intrasentential switch is My youngest sister ambil Biology. Ambil means take in the Malay language. The sentence should be My youngest sister takes (studies) Biology. A Malay word is embedded in an English sentence. Intersentential, on the other hand, is a switch of language which occurs between sentences. An example of intersentential would be I quit all my jobs already. Christie tak beritahu?. Tak beritahu means did not tell. The sentence should read Christie did not tell you? The second sentence uses the Malay language while the former is in English. Poplack (1980, as cited in Hamers and Blanc, 1989) introduces extrasentential switches which include tags and fillers. These would also include an exclamation a parenthetical statement or particle from another language. An example of a local extrasentential switch is Nothing lah. Lah is a particle widely used by Malaysians in their colloquial speech. McArthur (1998) describes the multi-purpose lah as a token especially of informal intimacy and solidarity. Such a particle also exists in the Singaporean variety of English. Wee (2003) explains that it is typically found in clause-final position. It is monosyllabic and used for discourse pragmatic functions. The term code switching in this study adopts Clynes definition (Clyne, 2000) as the alternate use of two languages either within a sentence or between sentences. Intrasentential in this study refers to switches within a sentence while intersentential refers to switches between sentences. Extrasentential refer to tags and fillers which do not exist in the lexicon of the base language used. 2.2 Attitudes of Teachers in the use of Code Switch Within the world of languages use, code-switching has often been perceived as being of lower status, a strategy used by weak language performers to compensate for language deficiency. This view of code-switching and bilingual talk in general is more normatively based than research-based as pointed by Lin( 1996) who added that such a view conveys little more than the speaker or writers normative claims about what counts as standard or legitimate language. An extensive body of literature studies reported that code switching in classrooms not only just normal but useful tool of learning. Cook (2001) referred to code switching in the classroom as a natural response in a bilingual situation. Furthermore, in the same study, Cook considered the ability to go from one language to another is highly desirable not only among learners but teachers. Moreover, in eliciting teachers reflections to their classroom teachings, Probyn (2010) noticed that most notable strategy that teachers used was cod e switching to achieve a number of communicative and metalinguistic ends. Cooks studies were mainly in the second language classroom context. Rollnick and Rutherfords (1996) studied the science classrooms and found the use of learners main languages to be a powerful means for learners to explore their ideas. They argue that without the use of code switching, some students alternate conceptions would remain unexposed. Amin (2009) mentioned about the recognition to switch codes goes beyond switching between languages; it also recognizes the value of using the vernacular which believes to allow students to draw on useful sense-making resources. Cook (2001) stated that researchers see by using code switching in the classroom as a legitimate strategy (p. 105). Skiba (1997) added that no matter how it might be disruptive during a conversation to the listener, it still provides an opportunity for language development. However, historically, researchers believe that code switching occurred in many countries, which made Ferguson (2003) to conclude that ideological and conceptual sources of suspicion all often attached to classroom code-switching, suggesting that deep rooted attitudes may not be easy to change. Cheng and Butler (1989) list the following as some of the motives a speaker may have to code switch: conversational topic, role of the speaker, setting of the interaction, familiarity of the two speakers, age, sex, race, ethnic, linguistic background, etc (p. 295). Wardhaugh (2006) stated that, when done consciously, switching languages may also allow a speaker to assert power; declare solidarity; maintain certain neutrality when both codes are used; express identity; and so on (p.110). For example, if a group of bilingual Malay-English speakers are conversing in both Bahasa Malaysia and English and a monolingual, Malay speaker enters the conversation, the group will most likely begin speaking only Bahasa Malaysia, in order to allow the monolingual to participate in the conversation, thereby expressing their solidarity with the monolingual. Or, if the bilingual group wishes to assert linguistic power over the monolingual, they might continue speaking only in English to exclude him or her. Unfortunately, code-switching is often wrongly misinterpreted as evidence of a lack of a linguistic ability of the speaker or deterioration of one or both languages. However, sociolinguistic research confirms that code-switching plays an important role in social functions, and does not necessarily indicate linguistic incompetence. So, the main concern here is reasons of code switching used by the English teachers during their lessons in the classroom. In order to discuss further into this matter, the scope will be correlated with the roles of English teachers in the English language classroom. English as a second language status in Malaysia has been agreed through wide use of English in the social setting as well as the education setting. Teaching of English has been greatly emphasized by the government through its ministry. In classroom practice, teachers have been instructed to teach by using high quality English in the classrooms. The second or foreign language learning can only accept the presence of high quality input in the classroom for learners acquisition. Cook (2001) stated that all language classroom input must be in the target language, an effective model of language use can ensure that the intended learning was successful. Classroom instructions, therefore, are the most valuable experience for learners because of the limited exposures to sufficient comprehensible input from their natural environment. Hence, the decreasing level of English proficiency among students is the main reason to the need in finding out how to tackle this issue. Teachers have been employing code switching as a means of providing students with the opportunities to communicate and enhancing students understanding. Furthermore, code switching helps to facilitate the flow of classroom instruction since the teachers do not have to spend so much time trying to explain to the learners or searching for the simplest words to help clearing the students understanding. According to Norrish (1997), teachers code-switch when the level of English used in the textbook or to be taught is beyond the learners ability or when the teachers have exhausted the means to adjust his speech to the learners level. 2.3 Types of Code Switching used in the Classroom Richard (1985) suggests that code-switching is a term in linguistics referring to replacement between two or more languages in a single conversation, stretch of discourse, or utterances between people who have more than one language in common. Speakers of more than one language are known for their ability to code switch or mix their language during communication. This phenomenon occurs when the speaker substitutes a word or phrase from one language to a phrase or word from another language. Ayeomoni (2006) claims that many educators have attempted to define the term code switching and each understand the concepts from different points of view. Gumperz (1982) defined code-switching as the use of more than one code or language in the course of a single speech event, taken to refer to teacher utterances in the classroom. In other words, the teachers use code-switching in order to convey meanings to the students. Besides that, Numan and Carter (2001) stated that code switching as a pheno menon of switching from one language to another in the same discourse (p. 275). Appel Musyken (1987) mentioned that code switching can be divided into two categories which are intrasentential and intersentential. Intrasentential is a switch that occurs in the middle of a sentence. It was also known as code mixing. For example, my girlfriend suka ice cream. The word Suka means like in the Malay language. The real sentence is My girlfriend likes ice cream. A word from the Malay language is replaced by an English word in a sentence. The later is a switch of language that happens between sentences. A suitable example is I got an A for my drawing, awak macam mana, Farid?. Awak macam mana means what about you. The exact sentence should be I got an A for my drawing, what about you, Farid?. The first sentence uses English and the later is in Bahasa Malaysia. There is one more type of code switching which is extrasentential as introduces by Hamers and Blanc (1989), extrasentential switches include tags and fillers. An excellent example of a local extrasentential code switching that close to our culture is Later lah. Lah is a particle widely used by Malaysians and Singaporean in their speech. Holmes (2008) stated that the particle Lah is used to show intimacy or solidarity in a relationship. So, the term code switching in this study is the use of two languages within a sentence or between sentences. Intrasentential refers to the switch that occurs within a sentence while intersentential points to switches between sentences. Last but not least, extrasentential refers to the tags and fillers that do not exist in the word list of the language used. 2.4 Functions of Code Switching used in the Classroom Code switching has a variety of functions which vary according to the topic, people involved in conversation and the context where the conversation is taken place. Baker (2006) have discussed the topic of code switching from a sociolinguistics perspective, in which he listed twelve main purposes of code switching, which are relevant to bilinguals talks in general. Some of these functions can be observed in classroom environment and in relevance to teachers and students interactions. According to Baker (2006) code switching can be used to emphasize a particular point, to substitute a word in place of unknown word in the target language, to express a concept that has no equivalent in the culture of the other language, to reinforce a request, to clarify a point, to express identity and communicate friendship, to ease tension and inject humor into a conversation, and in some bilingual situations, code switching occurs when certain topics are introduced. In the substituting a word in anot her language, Man and Lu (2006) found that in Hong Kong schools, both teachers and students major reason for code switching was that there was no direct translation of words between English and Cantonese, additionally, the same study of Man and Lu found that teachers in Hong Kong schools use code switching also to ease tension and inject humor in to conversations. In a previous study, Eldridge (1996) has listed four purposes in which student code switching as equivalence, floor-holding, reiteration and conflict control. Equivalence which is a strategy that bilingual used to find the equivalent of the unknown lexicon of the target language in the speakers first language to overcome the deficiency in language competence in second language. The second purpose of code switching is for floor holding which is a technique used by bilingual students during conversing in the target language to fill in the stopgap with words in native language in order to maintain the fluency of the conversation. The third purpose of is reiteration, as it implies, it is emphasizing and reinforcing a message that has been transmitted firstly in the target language but then students rely on repeating the message in first language to convey to the teacher that the message is understood. The last function is conflict control, which is used to eliminate any misunderstanding when the accurate meaning of a word is not known in the communication. These researches shown that, the teachers and students used of code switching is not always performed consciously; which means that the teacher which is the main concern for this study is not always aware of the functions and outcomes of the code switching process. Therefore, in some cases it may be regarded as an automatic and unconscious behaviour. Nevertheless, either conscious or not, it necessarily serves some basic functions which may be beneficial in language learning environments. Mattson and Burenhult (1999) stated that all of these functions are listed as topic switch, affective functions, and repetitive functions. (p. 61). In order to have a general idea about these, it will be appropriate to give a brief explanation about each function. In topic switch cases, the teacher alters his/her language according to the topic that is under discussion. This is mostly observed in grammar instruction, that the teacher shifts his language to the mother tongue of his students in dealing with particular grammar points, which are taught at that moment. In these cases, the students attention is directed to the new knowledge by making use of code switching and accordingly making use of native tongue. At this point it may be suggested that a bridge from known (native language) to unknown (new foreign language content) is constructed in order to transfer the new content and meaning is made clear in this way as it is also suggested by Cole (1998): a teacher can exploit students previous L1 learning experience to increase their understanding of L2. In addition to the function of code switching named as topic switch, the phenomenon also carries affective functions that serve for expression of emotions. In this respect, code switching is used by the teacher in order to build solidarity and intimate relations with the students. In this sense, one may speak

Visiting Langkawi, Malaysia: Tourist destinations

Visiting Langkawi, Malaysia: Tourist destinations LANGKAWI ISLAND Langkawi, the beautiful archipelago of Malaysia, is shrouded in mythological legends. Its actual history origin has lost its course in the passage of times. According to the legends, the term Langkawi is said to have connections with the kingdom of Langkasuka, which is centered in the present Kedah. The historical documentation is little; however, the Chinese Liang Dynasty record (500 AD) refers the kingdom of Langgasu as being established in the 1st century AD. Another reference of the islands name has been made in the book The Legends of Langkawi by Tun Mohamed Zahir. It says that the term Langkawi is a combination of two Sanskrit words, Langka (beauty) and Wi (innumerable). As per the book, Langkawi means the place of immense beauty. One more reference states that Langkawi means Eagles Island. According to it, the term Langkawi is a combination of two words Lang and Kawi. Where Lang is a corrupt form of Malay word helang which means eagle, Kawi means marble. Since both eagles and marble are found in abundance in Langkawi, probably the place was named after the fact. Indeed, the Eagle Square at the island was built to commemorate its name. About 200 years ago, according to the folklore, a young woman, name Mahsuri, was accused of adultery and was executed by the people in spite of her earnest innocence. Just before her death, Mahsuri laid a curse on the island that it will remain barren for seven generations. Thats about the mythological history of Langkawi. As far as political history is concerned, the Sultanate of Kedah used to rule over the island. In 1921, when Kedah was conquered by Siam, Langkawi also passed in the ruling hands. The Anglo-Siamese Treaty of 1909 transferred the holding power to the British, who held the state until freedom, excluding a brief period of Thai rule under the Japanese occupation of Malaya during World War II. The Thai influence can be still seen in the culture and food of Langkawi. In fact, Thai language is also understood by many people on the island. Langkawi is a picturesque archipelago that is known for its exceptional natural magnificence. Every year, thousands of tourists reach this spectacular place in order to fulfill their long-cherished vacation at Langkawi. In case youre also wondering how to reach Langkawi, leave your worries aside as the island boasts of pretty good network of airways and waterways. Getting/ traveling to Langkawi from any part of the world is possible owing to the Langkawi International Airport. Beside, The langkawi Is connected nearby via ferries, boats and cruise Langkawi also can be reached:- By Air Langkawi International Airport, which is about 20 kms from Kuah, has direct connections with Penang, Kuala Lumpur and Singapore. It also operates international flights to and from some destinations in the peak season. The flights that frequently run to and from the airport are AirAsia, Malaysia Airlines, Silk Air, and Firefly. By Road People, traveling by road, have to head for Kuala Kedah or Kuala Perlis (sited on the north-western coast of Peninsular Malaysia), which are the main points from where ferries to Langkawi take-off. The drive from Kuala Lumpur to Kuala Kedah takes about 6 hours while Kuala Perlis takes 7 hours. At both the points, car parking facilities are available. By Rail The Malayan Railway offers comfortable and efficient rail services from Kuala Lumpur to Alor Setar and Arau, from where one can take a taxi or bus to Kuala Kedah or Kuala Perlis and from these places, one can take ferry in order to reach Langkawi By ferries, By Boat and By Cruise Boats and ferries can be taken from Kuala Perlis or Kuala Kedah to reach Langkawi. Some special ferry services to Langkawi are also available from Penang Island. Moreover, ferries also operate daily between Satun (Thailand) and Kuah. Another option to reach the island is cruise ship. From Port Klang and Singapore, cruises are available to arrive at Langkawi. Langkawi is a beautiful archipelago of as many as 104 islands. For sure, many of these islands are accessible and boast of amazing natural beauty. Pulau Langkawi, which measures about 478.5 sq km, is the largest of these islands, while Pulau Dayang Bunting is the second largest one. When viewed from the air, many other islands appear to be sheer dots in the azure waters of the Andaman Sea. A majority of the islands comprises unique rock formations with impressive stalactites and stalagmites, limestone outcrops, lush forests, mesmerizing waterfalls and mystifying caves. These islands offer a range of water sports, recreation facilities and a delightful world of marine life to the visitors. Scroll down to know more about the islands of Langkawi, Malaysia. Pulau Dayang Bunting The Pulau Dayang Bunting is known to be the second largest island of the Langkawi archipelago. The island, about 18 kms from Kuah Town, is located on the southwest of Langkawi Island, next to Pulau Tuba. It is easily accessible from Kuah Jetty or Pantai Cenang. The island owes its name to Tasik Dayang Bunting (literally means Lake of the Pregnant Maiden). More Pulau Singa Besar The Pulau Singa Besar, literally the Island of Big Lion, is a beautiful island and a constituent of the Langkawi archipelago. Located 17km north of Kuah, the island extends 6.5km from north to south and 2.5km from east to west. Pulau Singa Besar is to be found between Pulau Beras Basah to the west and Pulau Dayang Bunting to the east, in the southwest of Pulau Langkawi. More Pulau Tuba Pulau Tuba is a strikingly beautiful island which is 5km south of Langkawi Island. It is one of the only two inhabited islands of Langkawi archipelago. Tuba Island owes it name to tuba roots, which are abundantly found on the island. In geographical terms, Pulau Tuba is a mountainous island with very little plains. It boasts of picturesque beaches and serene locale. More Pulau Payar Pulau Payar is a striking island that together with three other small islands makes a marine park, called Pulau Payar Marine Park. This park is operated by the Fisheries Department of Malaysia. Here, one can enjoy the fun activities like water sports, hiking and get pleasure from the breathtaking views of the surrounding sea. Pulau Rebak Kecil Pulau Rebak Kecil is another picturesque island equidistant of Pantai Cenang and Pulau Rebak Besar. Its sandy beaches and forested trails make the island popular amongst day trippers. On the island, there are a few chalets for travelers who wish to stay overnight. Like most of the other islands, this one too, is easily accessible from the Langkawi Island. Pulau Rebak Besar Resplendent with natural beauty, Pulau Rebak Besar is developed as a marina for the adventure-seekers. It, still, boasts of pristine natural state, and has several spectacular beaches with leafy foliage and turquoise waters. Being easily reachable from the Langkawi, the island is a preferred destination in the excursion itinerary of tourists. Pulau Intan Besar Pulau Intan Besar is a typical island where one would love to hideout. It is absolutely covered with forests and is totally inhabited. The central part of the island is cloaked in massive ancient trees, while coconut palms dot the beaches. This quiet and serene island is a lovely retreat for bird-loving naturalists and people looking for solace. Pulau Tiloi Pulau Tiloi, also called Pulau Bunga (Island of Flowers), is an island known for its tropical flowers. It is managed by the Malaysian Agricultural Research and Development Institute (MARDI). Langkawis hottest USP is its scintillating beaches; the beaches which are not only marked by warm sun, white sands and sparkling waters but also by serenity and tranquility. Certainly, the beaches of Pulau Langkawi are known worldwide for their pristine beauty and exotic vegetation. Some of them are also rated amongst the best and the most secluded beaches in the world. Truly, these beaches serve as a perfect hideaway to spend those picture-perfect holidays. For beach-loving people, Langkawi is a treat as they can find many picturesque beaches over here. Where Pantai Cenang captures the limelight being the longest and liveliest beach on the island, beaches like Datai Bay and Tanjung Rhu are loved by people for their tranquility. So, whether you want to get into some adventurous water sports or have a liking for book reading, you will find numerous beaches to suit your taste. Check out a few of Langkawi Beaches. Burau Bay Burau Bay Beach, called Pantai Teluk Burau in Malay, is one of the tranquil bay areas in Langkawi. Its actually a narrow beach where the rocky Gunung Cincang descends abruptly to meet the sea. Sited on the west coast of the island, this beach formerly used to be the resort of the Piped Hornbill. Datai Bay The Pantai Teluk Datai, literally Datai Bay Beach, is amongst the premier beaches of Langkawi Island. It is generally typified by boulders at its both ends and dense forest in the background. To be found on the north coast of Langkawi, Datai Bay is the area where some of the most luxurious resorts are sited. Cenang Beach Cenang Beach, known as Pantai Cenang in Malay, is the most happening beach of Langkawi. Located on the south-western tip of the island, the beach is about 18.4 km from Kuah. It features fine sands, crystal clear waters, elegant casuarinas and lofty coconut trees. Kok Beach Pantai Kok is a tranquil beach on the beautiful island of Langkawi. This soothing beach is to be found about 24.8 km away from Kuah, on the western tip of Langkawi Island. Being located in a secluded area, it is the best site for honeymooners and solitude seekers. Tengah Beach Pantai Tengah, which literally means Middle Beach, is the next best beach after Pantai Cenang. This vibrant beach is sited about 550 mtrs south of Cenang in Langkawi. It is quieter than the latter one and thats why, it makes the right place to lighten up. Black Sand Beach Pantai Pasir Hitam, which literally means Black Sand Beach, is a spectacular beach on the island of Langkawi. This short stretch of beach lies 2kms west of Tanjung Rhu Beach. The shoreline boasts of sand, which isnt completely black but its actually like a mixture of black sand and normal sand. Tanjung Rhu Beach Tanjung Rhu Beach is a pleasing beach on the northernmost tip of Langkawi Island. This lengthy beach is tasseled by casuarina trees which actually bestowed name to the beach (since Tanjung means cape and Rhu means casuarina). Shark Bay Beach Pantai Teluk Yu literally means Shark Bay Beach in Malay. This beach is actually contiguous to Pantai Pasir Hitam but doesnt have the black mineral deposits. Unlike what the name suggests, the beach has shark-free and absolutely tranquil waters. Batu Hampar Beach Pantai Batu Hampar is marked by rocky outcrop and boulders on its both ends. This composed beach presents a picturesque sight amidst its natural beauty, coconut and mangrove trees. This stretch of beach is almost hidden as it is enclosed by rocky outcrops. New Bay Beach New Bay Beach is called Pantai Teluk Baru in Malay. The small bay of this beach crafts a natural refuge for fishing boats. Here, if you wish, you can ask a fisherman to let you accompany him on a fishing trip. On the whole, this stretch of beach is pleasurable. Sandy Skull Beach Pantai Pasir Tengkorak, which literally means Sandy Skull Beach, is another tranquil beach on Pulau Langkawi. As per the folklores, the beach has been the witness to the bloody battle between the local and the invaders (Thais). Its waters are crystal clear and calm. Banyan Beach Pantai Beringin, literally Banyan Beach, is located near Kuah Town in Langkawi. It features mangrove stumps at its ends. This serene beach is tasseled by swaying coconut palms. Langkawi is acclaimed to be the Duty Free Port, which provides enough grounds to the shoppers to throng the island. If to be stated in real terms, Pulau Langkawi is a haven for bargain hunters. It offers an impressive range of local and imported goods, and the best part is all this comes at great prices. The collection of items boasts of cameras, watches, electronic goods, handicrafts, crystal wares, clothes, liquor, cosmetics, perfumes, leather goods, confectionary, cigarettes, ladies accessories, etc. Being a duty-free island, Langkawi is perhaps the best place to grab some really good bargains. The majority of the shopping opportunities are found in the main commercial area-Kuah Town. Here, you will come across several stores and malls which provide an assortment of tax-free goods at affordable rates. If youve already browsed the malls of Kuala Lumpur, youll definitely feel dearth of brand names in Langkawi. But its for sure that all the shopping centres have a decent stock and collection of items. To get brilliant souvenirs, Craft Cultural Complex is a best place to head for. In the variety of handicrafts, you can choose from batik, traditional Malay clothes, ornamental objects, crystals, traditional pottery, etc. Also you can look into the Zone Shopping Paradise Duty Free Centre at the Underwater World where numerous items can be fetched at decent price tags. Teow Soon Huat Departmental Store, which is sited just outside Kuah, is another shopping outlet worth exploring. Scroll down to get the list of major shopping places in Langkawi, Malaysia. To catch the glimpse of beautiful places and sights is the prime concern of every soul coming to Langkawi. Getting around this striking island is possible through a good network of roads and means of transportation. To your hard-core relief, Langkawi boasts of a pretty good network of roads. Though local transport is available, people prefer driving themselves and exploring the island of legends. If youre not comfortable in driving, you can hire taxis which are widely available on the island. Langkawi, being a major tourist destination of Malaysia, definitely has pricey fares when it comes to taxis. Other means to move around the island can be arranged by the resorts. By Car Cars are available on per day rental basis. Just after disembarking from the ferry, many car rental agents throng the Kuah jetty exit, offering their cars at various prices. During low season, price may start from RM30 per day for a compact car; but never expect less than RM80 for the same car in the peak season. Otherwise, you can make arrangements for a car in Kuala Kedah or Kuala Perlis with any of the car agents waiting around the ferry counters. And upon reaching the island, you can pick up your car. Moreover, cars are also available on hire from the booths at the airport. By Motorbike Like cars, motorbikes (particularly scooters) and bicycles are also available for rent. During peak season, motorbikes can be fetched for up to RM25 per day. However, bicycles can be hired for RM12 per day and also serve as a great means to explore the island. Definitely, hiring motorbikes and bicycles is cheaper than renting a car. It is advised to wear helmet and more so because it is required by law. Usually agents are not strict about noticing a valid license. By Bus Boarding buses could be another way to get around the island. However, there are a few buses that run to and from on few bus routes. Kuah and Pantai Cenang are the only two areas where regular buses can be found. In other areas, there are very few bus stations, which also have hardly any bus service. It takes long time to wait for buses and reach the destination. Usually, taking buses is not recommended to visit the island. By Taxi Public transport in Langkawi is mainly provided by taxis. Here, taxi fares are priced according to the destination and not by meters. It is most easy and convenient way of getting around, though it is bit expensive. A short trip can easily cost about RM15. You can also charter the taxi for a day or for few hours. Throughout the island, taxis can be easily found and chartered as per your convenience.

Saturday, July 20, 2019

Plato on Education as the Development of Reason Essay -- Educational P

Plato on Education as the Development of Reason ABSTRACT: Socrates' great educational innovation was in ascribing moral worth to the intellectual activity reflectively directed at one's own life. His concept of eudaimonia was so different from the ordinary that talking about it took on sometimes a paradoxical air, as in Apology 30b3. For him, reason is not a tool for attaining goals independently thought worthwhile; rather, rationality itself, expressed in the giving of reasons and the avoidance of contradictions, confers value to goals and opinions. Persons are reasonable, but obviously not the empirical human being. But education is aimed at the empirical man or woman and inevitably employs psychological means. How then is it possible that the result of education should grow out of the depths of each individual and be nevertheless valid for all individuals? In the Symposium, Plato gives Aristophanes the crucial move. Each of us is only half the whole person and we are moved by our desire for what we lack. In this context, to cla im that the soul is immortal is to claim-at least-that the soul has a non-empirical dimension, that its real objects are not the objects of desire as such, and that a person's sensible life is not the true basis for the evaluation of his or her eudaimonia. However, in the soul which is not free from contradictions there is no advantage to right but unexamined options. There is in the life of the naà ¯ve just an insecurity which is not merely pragmatic. Even if a person never falters to the end of life, this is no more than moral luck. One is still guilty on the level of the logos, and liable to blame and punishment not for what one does, but for what one could have done. 'The unexamined life', says ... ...ra, e.g., T.Irwin, Plato's Ethics (New York and London, Oxford University Press, 1995), 301f. (6) Cf. J. Mittelstrass, 'On socratic dialogue', Platonic Writings / Platonic Readings, ed. C.L. Griswold (New York and London, Routledge, 1988), 126-142. (7) Cf., e.g., Callicles: 'I care nothing for what you say, and even those answers I gave you because of Gorgias' (Gorgias 505c5-6); Thrasymachus: 'To appease you, since anyway you do not let me talk. What else do you want?' (Republic i 350e6-7). (8) Diogenes Laertius vi 24. (9) So, for example, Phaedrus 246 ff. (10) Phaedrus 271d ff. (11) Cf. H. v. Arnim, Platon's Jugenddialoge (Leipzig, 1914); S.Scolnicov, 'Friends and friendship in Plato', Scripta Classica Israelica xii (1993), 67-74. (12) Cf.Phaedo 89b10. (13) Cf. S. Scolnicov, Plato's Metaphysics of Education (London, Routledge, 1988), ch. 12.

Friday, July 19, 2019

The whitlam government Essay -- essays research papers

The Whitlam Government (1972 – 1975) introduced many ideas that impacted on all the people of Australia. There may have been impediments that prevented the Whitlam Government from introducing new ideas, such as the Senate. Nevertheless in three years the Whitlam Government managed to win the hearts of many Australians. In their three year reign the Whitlam Government managed to create Medibank, establish firm relations with People’s Republic of China, establish the Department of Aboriginal Affairs (Giving all Aboriginals a ‘voice’), obtained responsibility for tertiary education over from the states and eradicated tertiary fees, and establishing Supporting Mother’s Benefit’s. These were only a few of their achievements. Gough Whitlam had previously seen and heard of the Medical health scheme systems based at U.K. which he favoured. The constitution was the barrier to introducing a health scheme in Australia, and the civil conscription clause. Medibank and other health schemes were designed to avoid civil conscription and provide healthcare service based on Government finance. Whitlam’s aim in creating this system was to break the connection between healthcare and money. Whitlam wanted to break free from the hindrance of money; he wanted healthcare system based on health needs of people rather than the importance of money requirements. In 1972, the introduction of universal health insurance system known as Medibank (now Medicare) was born. It provided significant benefits to the population of Australia who had previously not been able to afford sufficient medical care; it declined private medicine and commenced to pay 85% of medical and hospital fees. Medibank provided inexpensive treatment by hospitals and doctors to all permanent citizens of Australia. Medicare is publicly funded tax surcharge that comes under the title of Medicare levy which add to the scheme. People with low income are excluded which follows a good example. People earning a high income pay a higher tax therefore compensating the loss of low paid workers. Medibank made a vast impact on all the Australian society, as now many people could afford sufficient medical care chiefly people who were still tormented from poverty. The disadvantages might to some people be that the higher they earn the more they have to pay in tax for the Medicare levy. The Whitlam Government had established a... ... of the House of Representatives or a double dissolution and the only way possible for that to happen, was by the dismissal of Whitlam and his colleagues. Opposition parties of Whitlam had affirmed they would only pass the bill only if Whitlam called an election for the House of Representatives. This could not be agreed upon, so a double dissolution (simultaneous election for all members in both houses) had to be called. Kerr could have appropriately notified Malcolm Fraser that the recurrent postponement of Supply had shaped and unbearable constitutional crisis and that the first steps could be taken to determine it if Fraser would choose one of the two alternatives. These were to instruct supporters in the Senate to pass Appropriation bills, or to reject Supply outright. The first option would have resolved the crisis; the second would have left Kerr to seek further advice from responsible ministers. Also, Kerr could have arranged Whitlam a half-senate election, so long as the basic services of government would not subside and that Whitlam take notice of the effect of the election if it did not determine the crisis. These both alternatives were open to Governor General Kerr.

Space Exploration :: Space Exploration Essays

  Ã‚  Ã‚  Ã‚  Ã‚  People have been venturing out into the universe for many years now. In addition to satellites, both women and men astronauts have traveled into space to collect data about the universe. The first human being, the first animal, and the first spacecraft in orbit, were all achievements of the Soviet Union.   Ã‚  Ã‚  Ã‚  Ã‚  In 1958 a group known as The National Aeronautics and Space Administration (NASA) was founded. The first probe to escape Earth's gravity was the Soviet LUNA 1, launched on Jan. 2, 1959. It passed the Moon and continued into interplanetary space. The U.S. probe Pioneer 4, launched two months later, followed the same path. Later Soviet probes either hit the Moon or passed it and took photographs of the hidden far side, relaying them back to Earth.   Ã‚  Ã‚  Ã‚  Ã‚  The first man to travel to space was Yuri Gagarin. History was made on April 12, 1961, when he successfully orbited the earth in the Votsok 1. His flight lasted one hour and 48 minutes and as he circled the earth, his speed was about 17,000 mph on the Votsok 1. Following this mission, Gagarin was killed in a test airplane crash .   Ã‚  Ã‚  Ã‚  Ã‚  Neil Armstrong was the first person to ever land on the moon. Born in Wapakoneta, Ohio, he graduated from college in 1955 and joined the NASA team. In 1962, he became the first civilian to enter into an astronaut training program. In 1969, Armstrong headed the Apollo 11 mission, becoing the first human being to set foot on the moon. Other astronauts the accompanied Armstrong on this mission were Edwin E. Aldrin, Jr., and Michael Collins. In 1971, Armstrong became a professor of aerospace engineering at the University of Cincinnati.   Ã‚  Ã‚  Ã‚  Ã‚  Valentina Vladimora Nikolayeva Tereshkova was the first woman to enter into space. She joined a Soviet training program in the year 1961 and two years later she successfully orbited the earth 48 times in the Votsok 6.   Ã‚  Ã‚  Ã‚  Ã‚  The Sputnik 1 was the first artificial satellite to orbit the earth. It was an aluminum sphere, 58 cm (23 in) in diameter, weighing 83 kg (184 lb). Its orbited around the earth lasted 96.2 minutes. At the end of 57 days the satellite returned to earth's atmosphere and was destroyed by aerodynamic frictional heat.   Ã‚  Ã‚  Ã‚  Ã‚  Voyager 1 and Voyager 2 were both spacecrafts that were launched to Jupiter. Voyager 2 was launched on August 20, 1977, and Voyager 1 was launched 2 weeks later on September 5, 1977.

Thursday, July 18, 2019

Lis Pendens Essay

CHAPTER 1 INTRODUCTION The doctrine of lis pendens1contained in Section 52 of the Transfer of Property Act, 1882 (hereinafter â€Å"TPA†) and expressed by the maxim ut lite pendente nihil innoveturem bodies the principle of law that â€Å"†¦pending a litigation nothing new should be introduced, and provides that pendente lite2, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his opponent.†3 The basis of this doctrine rests on the idea that â€Å"†¦the very purpose of seeking relief against any grievance [through a judicial proceeding] would be meaningless and ineffective†4 â€Å"†¦if alienations pendente lite were permitted to prevail†5 as despite having a decree of the Court in his favor, the plaintiff would have to commence proceedings de novo in order to reclaim his rights from the person to whom the property right was transferred by the defendant. The do ctrine can be said to be an aspect of the principle of res judicata6and has its basis in â€Å"expediency and necessity of fine adjudication†7 and the need of having â€Å"finality in litigation†.8The doctrine is based on the notions of justice, equity and good conscience9 and has emerged out of public policy considerations.10 This paper deals with the doctrine of lis pendens as it is contained in the Transfer of Property Act 1882 and analyses the doctrine under the following heads: (A) Theoretical Basis (B) Essential Conditions and (C) Effect of a transfer pendente lite. STATEMENT OF PROBLEM Why this project? This is a project in the subject of Property Law for the completion of assessment and evaluation as it is part of the curriculum. The above project titled ‘Doctrine of Lis Pendens (Section 52): A Critical Analysis’ is part and parcel of course of Property Law subject in eighth semester. The project lies for the complete analysis of the theme through which we will be able to find out and highlight the basis and their relevance in the subject. SCOPE The project deals with some of the questions arising out of Section 52 of the Transfer of Property Act, 1882 which deals with the transfer of immovable property pendente lite. The research will be restricted to the given topic and secondary sources are used for the purpose of this research. OBJECTIVE The objective of the research is to study in depth Section 52 and critically analyze it referring to various books and Law Commission Report. Also, to find out the limitations and loopholes which are there in the Section in light of different case laws and judicial pronouncements. HYPOTHESIS Pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force RESEARCH METHODOLOGY Doctrinal Research This project is mainly the outcome of the library based research. The research is of the systematic exposition, analysis and critical evaluation of legal rules and their inter-relationships. Articles, books, case study and secondary data are referred for the literature review and reference and based on it analysis and conclusion are drawn. CHAPTER 2 THEORETICAL BASIS This part will enquire into the theoretical basis of the doctrine of lis pendens. The broader question that is sought to be answered here arises in a situation when a person unknowingly acquires title to a property which is involved in a civil dispute which is yet to be decided upon. In this situation, the question that is often raised is that on what basis the rights of the ignorant transferee can be subverted under the doctrine of lis pendens in order to recognize the rights of the victorious party in the  dispute over the disputed property. Two theories have been out forth in this regard. The first theory states that a pending suit is a constructive notice to the entire world and thus an ignorant transferee is consequently deemed in law to be aware of the disputed condition of the property and is barred from making the claim that s/he was a bonafide purchaser.11 However this theory is being increasingly displaced by another which relies on public policy considerations to justify the doctrine of lis pendens. Accordingly â€Å"†¦the doctrine is not founded on any theory of notice at all, but is based upon the necessity†¦ [for] preventing litigants from disposing of the property in†¦such manner as to interfere with execution of the court’s decree. Without such a principle†¦ all suits for specific property might be rendered abortive by successive alienations of the property in suit, so that at the end of the suit another would have to be commenced, and after that, another, making it almost impracticable for a man ever to make his rights available by a resort to the courts of justice.†12 This theory does away with need of inferring a constructive notice from fact of existence of the dispute. The transferee’s rights are not affected because the suit amounts to a constructive notice but because â€Å"†¦law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.†13 â€Å"The intention of the doctrine is to invest the Court with complete control over alienations in the res which is pendente lite, and thus to render its judgment binding upon the alienees, as if they were parties, notwithstanding the hardship in individual cases.†14 It has been argued that such a stringent version of this doctrine imposes an undue burden on innocent purchasers who buy disputed property. This is particularly so in cases where the lis is not duly registered under Section 18 of the Indian Registration Act, 1908. The states of Maharashtra and Gujarat have enacted state amendme nts which restrict the application of this doctrine to the cases where the parties to the dispute have registered the lis under the Indian Registrations Act 1908. This affords protection purchasers who may not have any means of determining the existence of a dispute in relation to the property they intend to deal with.15 CHAPTER 3 ESSENTIAL CONDITIONS The following conditions have to be satisfied for the application of Section 52 of TPA: (I) A suit or proceeding â€Å"in which any right to immovable property is directly and specifically in question†16 must be pending in an appropriate Court (II) The suit should not be a collusive one. In such a case, the property â€Å"cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.†17 The following parts deal with each of these elements in detail. Pending Suit â€Å"A suit is commenced by the filing of a plaint, and appeals and execution proceedings are a continuation of the suit.†18 According to of Section 52 a transfer of property involved in a suit while the pendency of the suit is hit by the rule of lis pendens enshrined therein. For a suit to be pending the Court must have the necessary jurisdiction. In the absence of such jurisdiction, â€Å"the decree pronounced by the Court will be a nullity†19 and hence would not attract the rule of lis pendens. An appeal or execution is included in the continuation of the suit and the bar of lis pendens extends over such proceedings. â€Å"The explanation to the said section indicates that the pendency of a suit would encompass the stage after the final decree till complete satisfaction and discharge of such decree or order. It is, therefore, obvious that legislature †¦ has thought it fit to extend the scope and ambit of the terminology â€Å"suit† even for covering the execution proceedings in connection with decrees passed in such suits†20 A transfer made before the pendency of the suit is not subjected to this rule.21 A suit filed in a foreign court cannot be a lis pendens under this rule.22The rule cannot apply to properties situated outside India.23 Furthermore the right to an immovable property24 must be directly and specifically be involved in the suit.25 Suit must not be collusive Section 52 of TPA becomes operative as soon as a bona-fide suit is instituted which is not in any way collusive.26 A collusive proceeding27 is different from a fraudulent proceeding. In a fraudulent proceeding, the claims made are false and are instituted to injure the plaintiff. Whereas in a collusive  proceeding, there is a secret arrangement between the parties to the suit and the object of instituting such proceedings is to utilize the judicial forum to curtail the claims of bona-fide transferees over the disputed property.28 A collusive proceeding would bind the parties but not their transferees.29 CHAPTER 4 EFFECT OF TRANSFER PENDENTE LITE â€Å"The transfer when it falls within the mischief of [Section 52 of TPA] will be deemed to be non est for the purpose of lis pendens.†30 The right to the property will continue to vest in the transferor notwithstanding he transferred it. However, there is no indication in the section that the transfer is rendered void. Rather, the transfer has been held to be â€Å"valid and operative as between the parties thereto.†31 The doctrine of lis pendens merely subordinates the rights of the transferee to the rights determined by the Court upon the completion of the proceedings. If the rights do not conflict, then the transfer would act as a valid transfer. This is can be inferred from the words, â€Å"so as to affect the rights of any other party thereto under any decree or order which may be made therein.†32 CHAPTER 5 CONCLUSION This paper reviews the doctrine of lis pendens under Section 52 of TPA. It is evident from the analysis of the doctrine that the basis of the doctrine lies in public policy considerations and the expediency to ensure finality of litigation. While the doctrine does invalidate a transfer pendente lite it renders the rights of the transferor subservient to those determined by the Court in the ongoing proceedings. The doctrine demonstrates a classic case wherein individual rights of parties are rendered dormant to satisfy a public policy objective. The broad principle underlying Section 52 of the Transfer of Property Act, 1882 is to maintain the status quo unaffected by the act of any party to the litigation pending its determination. Even after the dismissal of a suit, a purchaser is subject to lis pendens, if an appeal is afterwards filed. If such a view is not taken, it would plainly be impossible that any action or suit could be brought to a successful  termination if alienations p endente lite were permitted to prevail. The explanation to Section lays down that the pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force. INDEX OF AUTHORITIES 1. Legislations: a. Transfer of Property Act 1882. 2. Cases Cited: a. Thakurai Bhup Narain Singh v. Nawab Singh And Ors. [1957] AIR Pat 759 (HC). b. Bellamy v. Sabine [1857] (1) De G & J 566. c. Digambararao v. Rangarao [1949] AIR Bom 367 (HC). d. Lov Raj Kumar v. Daya Shankar [1986] AIR Del 364 (HC). e. Chanda Sab v. Jamshed Khan [1993] AIR Kant 338 (HC). f. Minakshi Saini v. Gurucharan Singh Sharma (2002) 2 Punj LR 439, 441 (HC). g. Simla Banking Industrial Co. Ltd. v. Firm Luddar Mal [1959] AIR Pun 490 (HC). h. Ghantesher Ghosh v. Madan Mohan Ghosh and Ors.[1997] AIR 471 (SC) . i. Umesh Chunder v. Zaboor Fatima [1956] AIR 593 (SC). j. Palani Chetti v. Subramanyam Chetti (1896) ILR 19 Mad 257. k. Sivaramakrishna v. K. Mammu (1957) 1 Mad LJ 14 (HC). l. Hans Nath v. Ragho Prasad (1932) ILR 54 All 159 (HC). m. Md. Shafiqullah Khan v. Md. Samiullah Khan [1929] AIR All 943 (HC). n. Gouri Dutt v. Sheikh Sukur Md. [1948] AIR PC 147 (PC). o. Nuzbat-ud Daula v. Dilband Begam 21 IC 570. p. Nagubai Ammal v. B. Sharma Rao [1956] 1 SCR 451 (SC) 3. Books: a. Sorabjee S, Darashaw J.Vakil’s Commentaries on the Transfer of Property Act (2nd Edn., Wadhwa Nagpur 2004). b. Bharuka G, Mulla: The Transfer of Property Act 1882 (10th Edn., Lexis Nexis 2006). 4. Dictionaries: a. Black H.C., Black’s Law Dictionary (4th Edn, West Publishing Company 1968). 5. Law Commission Reports: a. Law Commission of India, Section 52: The Transfer of Property Act 1882 and It’s Amendment (Law Com No. 157, 1998).