The Disadvantages of Technology in Education

Technology can be rightly said to have impacted every occupation. Technology application and the changes it brings are in fact intended and necessitated, as it is a part of the larger development of the society. Technology has been introduced in all fields and occupations, either directly or indirectly, and its benefits are evident in terms of time, quality, process etc. As technology has been broadly introduced in all walks of life, no occupation can claim to be independent of either direct or indirect use of technology, since it is integrated to the society.It is therefore obvious that the fields of education and learning have also incorporated technology, resulting in unprecedented possibilities and results. The advantages of technology cannot be disputed, particularly given the recent trends in e-learning, however despite this; its disadvantages shouldn’t be ignored. The need and maintenance of the associated infrastructure for technology introduction may itself look chall enging for many. New technologies may require special wiring and any breakdowns would be disruptive and need repair by experts.Also when high costs on software, hardware and connection costs are borne, the equipment might soon be outdated (NCRTEC, 2005). The teacher has now become more of a learning facilitator rather than an instructor or information provider. The teacher’s methodology has changed from traditional, teacher-centered teaching to learner-centered, interactive teaching. The teacher has moved away from being a fact teller and an expert to being a collaborator and occasionally an expert, with learning emphasis being on relationships and inquiry rather than facts and reproduction.Students are moving away from passive learning, given the lesser lecturing; towards cooperative learning. Focusing more on information literacy, the teacher helps in guiding students to identify and access required information. With students being capable of resourcing all relevant informa tion, the teacher now needs to help them to analyze, evaluate and judge the suitability of the information; they have required. With the involvement of technology, the traditional skills and exercises of students are being increasingly abandoned.The use of calculator by students avoids them the benefits of manual calculations. Manual calculations involve deeper analysis of the problems which develop brain activity and mental capability. Introduction of technologies, while helping students, are in fact doing away with the crucial mental exercises and reasoning efforts of the students, depriving them of the associated valuable benefits. With most schools accepting electronic submission of answers or essays, students no longer need to be concerned of spelling and grammar usage.These are automatically highlighted or corrected, saving them the effort to do it by themselves. In the long run, they do not develop the skills necessary for identifying and correcting these. The use of internet in education not only exposes students to wrong or misleading information, but also to engage in plagiarism. Assignments and tests are quickly completed by reproducing available information rather than producing it by themselves. The use of technology in education is definitely doing away with the skill sets that have been acquired by individuals with much effort and pain, traditionally.Music education is also an area where technological changes have done away with traditional requirements. Today, the sounds of drum, piano or other instruments can be electronically created without learning the fundamentals of that instrument. Thus experts only need to manipulate these sounds effectively, which would otherwise have required the performance of so many musicians. Although there are several advantages of a computer, the use of computers in language learning has its own restrictions. One of its main disadvantages is that it would lead to an increase in education costs (Gips, DiMattia & Gips).Low budget schools and poor students would not be able to buy a computer, when computer become a basic necessity for students. This would cause unjust conditions on the part of poor schools and students, with regard to education. Even when computers are bought, the need for expensive software or hardware would again be another financial strain on the part of the schools and students. For computer assisted second language learning, it becomes necessary that both the teacher and student be proficient in the basics of computer use.Students cannot use computers in language learning when they lack training in computer technology. Most teachers unfortunately do not have the technological training to guide their students through computer assisted language learning programs (Lai & Kritsonis). Another problem with regard to computers in language learning is that the software for language learning if far from perfect. Many language learning programs are recent and its functions are high ly limited. The computers need to be capable of not just evaluating the correctness of a spoken word, but also the appropriateness of the said word.It should also be capable of evaluating student’s response with respect to pronunciation, syntax and context of usage. Second language learners face several situations in the course of their language learning and computers cannot handle such unexpected situations. As the artificial intelligence of the computers is limited, it cannot handle unexpected learning problems and queries of learners’. It should be noted that there is a fundamental difference in the way humans and computers analyze information. Computers with such a level of intelligence cannot be expected for at least quite sometime (Blin, 1994).With the emergence of newer technologies, the fact that it is indeed beneficial cannot be disputed. However, these new technologies are doing away with the requirement for development of personal skill sets that have been t raditionally followed. Our education is moving away from a totally technology independent field to highly technology dependent. Education is our basics to understanding of the world, survival and success tactics. With much of this education being technology backed, we step into the harsh world, largely backed with technology use. The change here is irreversible like that in other technology aided fields.

Racial Formations: Reflection and Analysis

I am, without a doubt, completely uncomfortable discussing race. In fact, it is among my least favorite things to do. I mostly feel as if I do not know how to discuss race without offending someone, using the wrong word, revealing my ignorance about many issues within the topic, changing my mind about a certain belief midstream, or just generally looking like a fool. I avoid these discussions at all costs because they put me in a place I am rarely ready to be. So, naturally, this reading struck a chord with me before it actually even began. I related instantly and wholeheartedly to the question raised in the introduction: â€Å"If race is not ‘real’ in a scientific sense, why can I look around my classroom or campus and see that someone is black or Asian or white? † This quandary has plagued me for years. It seemed to me that race had to be more than a social construction established centuries ago. It had never really made sense to me, and this question established a personal connection for me to Omi and Winant’s subsequent explanation of this perplexing notion. The authors’ explanation of the history of race consciousness certainly helped me in my quest for answers and gave me a much clearer understanding of the origins of race consciousness. I could imagine the European settlers’ surprise upon discovering theirs was not the only existing race, thus challenging essentially every religious belief they held about creation. They could not explain this difference, and, as human beings devout in their religion, that was unacceptable. They needed explanation, and they needed to find it in the Bible. It is not difficult to relate to the anxiety and uncertainty they experienced. People of all religions seem to spend much of their practice justifying what happens in their lives — both good and bad — within their particular religious texts. We take scripture, verses, lines, chapter, and so on and make it fit into what makes sense for us or, in many cases, make it work to our advantage so that we can cope with what we do not understand or agree with. Having established how race consciousness came to be in the first place, Omi nd Winant address how race became a social concept, the issue at the heart of my original conundrum. As I read about hypodescent and beliefs about racial intermixture, I started to understand. The authors’ use of Marvin Harris’ work further established this understanding, particularly Harris’ statement, â€Å"†¦ The rule of hypodescent is, therefore, an invention, which we in the United States have made in order to keep b iological facts from intruding into our collective racist fantasies† (11). That was it. This eighteenth-century way of thinking was a continuance of the European settlers’ need to justify certain behaviors. They may not have been using the Bible to do so, but the creators of hypodescent were merely creating a belief to help them get through the social structure they had established and accepted. Now that I have a much better understanding of race as nothing more than a social construct, I suppose my issue is not entirely with those European settlers and not with inventors of outlandish notions about â€Å"Negro blood† but rather with current society. We are now at a point that we should know better. We should know that no one race is superior. We should know that â€Å"white† is hardly â€Å"pure† and certainly does not equal â€Å"better† simply because it is â€Å"white. † We have more than enough information to move beyond these ways of thinking and into a new era in which we are able to, as Omi and Winant state at the end of the writing, â€Å"break with these habits of thought† (15).

Literature During the Early Period (1900-1930) Essay

The twentieth century ushered in the development of Filipino literature in English. Weeks after the capitulation of Manila, the U.S. Military Government was set up and, almost seven schools were re-opened as a necessary strategy to promote the pacification of the Philippines and the dissemination of common culture. English was first taught merely as a subject because the Spanish system of education then existing in the Philippines was allowed to continue. In April 1900, by virtue of President McKinley’s directives of the Philippine Commission, English became the official medium of instruction in the public schools. In order to accelerate the pacification drive, schools were established in all parts of the Philippines. The early teachers were taken in directly from the army. To augment the small number of American teachers, the Philippine Normal School, now Philippine Normal University, was founded in 1902 to train Filipinos in the art of teaching and eventually take charge of elementary education. In the same year, the Army transport, Thomas, brought six hundred American teachers to the Philippines who replaced the soldiers as teachers. They introduced to the Filipinos English and American literature in the form of works written by Irving, Chaucer, Milton, Donne, Shakespeare, Emerson, Hawthorn, Poe, Longfellow, Bryant, Keats, Shelley, Coleridge, Lamb, Joyce, Tennyson, Macaulay, and other famous writers. These were the writers w ho became the models of the early Filipino writers in English. At first, Filipino writing in English was quite formal and imitative, thus, the common reference to this period was known as Apprentice period. Influences from the Spanish language could be seen in the use of Spanish expressions and in ornate style. Grammatical expression were at times awkward and there was difficulty in the use of prepositions and pronouns. The first thirty years of Philippine literature in English produced little in the fields of drama and novel. Drama was hardly written, because vernacular plays and zarzuela still dominated the stage. The plays produced  were highly emotional, not intellectual experiences. The short stories produced during this period were either romantic tales of the past with legendary figures or were imitations of plots or themes taken from American and other sources. The most significant short story produced during the period was â€Å"Dead Stars† by Paz Marquez Benitez. Poetry was dominated by naà ¯ve sentimental love lyrics written in a loose rhetoric without much intellectual significance and overblown to achieve intensity. Verbal exuberance made the poems bombastic, artificial and insincere. The essay took a form similar to that utilized by British and American writers, but because the essay is a free form of composition, it soon developed its own personality. The Philippine essay in English is less inhibited by requirements inherent in other literary genres. It matured earlier in the favourable milieu and successfully projected Philippine customs and traditions. However, most critics agree that the early literary output in English can be considered definitely commendable. It can be favourably compared to the Colonial Period of American Literature in relation to English literature of those times. Footnote to Youth Jose Garcia Villa Dodong, who is 17 years old wanted to marry Teang. He wanted to go home so that he could tell his father and ask for his permission. At first, he was hesitant of saying it, but he wanted him to know. For Dodong, he is a well-grown man and can handle things like marriage. When he told his father about it, a long silence surrounded the house. His father asked him if he must marry because he was still young. But Dodong resented his father’s question, and finally was being permitted to get married. After 9 months, Teang gave birth to their first son named Blas. All of a sudden, Dodong felt guilty and ashamed to his mother because of becoming a father at a very young age. But when he saw his child, he could not control the happiness in him. Dodong did not want any more children, but he could not help them from coming. For six consecutive years, a new child came along. There were seven children in all. Teang did not complain even though she secretly regretted being married at an early age. She was very thin and shapeless now because of bearing many children and the hard work of taking care of them as well as the household. Sometimes, she wondered if she would have the same life if Lucio, her other suitor who was nine years older than Dodong, was the one she married. But she loved Dodong. Lucio got married after Teang’s marriage to Dodong, but he was childless until now. When Blas turns 18, he told his father, Dodong, that he wants to marry Tona. Dodong did not want his son to marry yet because he was young and Dodong already knew what comes next to it. Dodong did not object, but tried to make his son think twice before rushing to marriage. He does not want Blas to end up like him.

Discussion post Essay Example | Topics and Well Written Essays - 500 words - 1

Discussion post - Essay Example Acute pain serves the purpose of a warning of existing tissue damage, and this is supposed to alert the patient to seek medical advice (Porth & Hannon, 2009). Chronic pain takes a long time that it is anticipated after the patient suffers from an injury. It is characterized by psychological behavior that is exhibited by signs such as depression, irritability, and depression. On the other hand, visceral pain originates from visceral parts and is caused by an illness. It is in regard to typical parts of the body of the similar dermatome. The general visceral pain syndromes are pains related to ovarian disease, liver disease, pancreatitis, cholecystitis and uterine diseases. I agree with Kim Pappas that pains are different and therefore the treatment given is different. The acute pain duration is between seconds, days and six months, while chronic pain takes a long time from six months to years. In chronic pain can be treated using cannabis, nerve blocks, biofeedback, acupuncture, painkillers, and narcotics magnets. Acute pain is treated to prevent the pain from developing to chronic pain. Moreover, somatic pain is as a result of activation of pain receivers in musculoskeletal or body surface organs. Patients suffering from the pain describe it as aching or dull (Porth & Hannon, 2009). I agree with Josyln Pridgen on presentation of bipolar disorder and generalized anxiety disorder in patients. The diagnosis of generalized anxiety disorder must meet the diagnosis as required by DSm to determine if the client suffers from social impairment or clinically. The illness is characterized by low standard of life and increasing disability. The disability is in terms of impairment of work and distress and takes duration of two weeks to six months (Montgomery, 2009). Bipolar disorder is also called manic depression disease, and it causes mood swings in a patient. There are two mood swings that are mania and depression. During depression condition, the

Stragetic Planning Case Study Example | Topics and Well Written Essays - 250 words

Stragetic Planning - Case Study Example In that respect, it would be important for the mayor to convince him and seek amicable approach towards the public job cut if the proposal is to sail through. Claudia Alvaro: Is a professional in public financial management with sound knowledge on macro and micro-economic policies. This means Alvaro holds central role in evaluating and assessing the best alternative among the proposals that will be raised towards economic streamlining of central town. The pertinent issue in this case is the crumbling economy of central town as result of mass immigration of its residents. This means that the tax size has significantly reduced and can barely support the town in terms of public workers wage bill and efficient provision of essential services. The mayor is making efforts to restore economic sanity by proposing privatization with subsequent job cuts among public workers. This has drawn mixed reactions from the town with workers through their union opposing the move while the public support. Sources or causes of each problem; Privatization is seen as possible public employment cut down with considerable economic loss to the workers and this is the point of concern. On the issue of awarding tender, the mayor seeks to reconcile quality with cost hence the critical evaluation process. There are potential obstacles for the central town political leadership in its effort to implement the macro-economic proposal of privatization and public job cut. The legal battle is likely to work against it since the workers union seems strong and ready to drag the authorities to court in this matter. The financial and budgetary allocation procedures require support of other political leaders who are likely to support different factions to the dispute in question. Laying off workers will paint the government on wrong side of being unethical in considering the welfare of the job cut victims. This will in turn degenerate to possible political

Demonstrate an understanding of financial statement analysis Essay

Demonstrate an understanding of financial statement analysis - Essay Example For instance, if a financial statement analysis is conducted and the results indicate profitability of the company then the shareholders are assured of a company’s prospective growth hence safety of investments. In the contrary, they may decide to sell their shares where financial statement analyses indicate a downfall in profitability. This group’s interest concerns the company’s wealth situation. Their major interest is security of the money they invested in the company and the ability of the company to refund both the accrued interest as well as principle amount within the designated repayment time. The creditors are interested in financial statement analysis for purposes of establishing the short-term liquidity status of a firm. Their main interest is to ascertain a firm’s capability to repay the amount they owe on time. â€Å"They do financial statement analysis from which they are informed on whether there is need to extend the lends and ask for advanced interest charges† (Sinha & Sinha, 2009). It is for this purpose that the information gathered from the financial statements is important. The management is charged with the responsibility of ensuring a smooth running of an organisation. They are responsible in formulation of future policies and plans as well as undertaking immediate decisions. It is for this reason that they should analyse financial statements in order to measure the effectiveness of the policies and the decisions they make in the day-to-day running of a firm. â€Å"In addition, the management’s interest is to ascertain both the short-term and long-tern creditworthiness of the company, productivity, liquidity and return on investment status of the business† (Shim, & Siegel, 2007). It is the duty of every government to ensure that firms conform to tax regulations. Therefore, the government examines financial statements with an aim of determining tax submission. In addition, the government

Graphology Vs Forensic Document Examination Assignment

Graphology Vs Forensic Document Examination - Assignment Example It does analytical unveiling photocopies, check writers as well as typewriters of certain texts under scrutiny (Headrick & Huber, 2010). It can examine to note any similarity amid inks and uncover exact writing too used. FDE also observes any alterations, hence acting as a legal basis for forensic identification of a trailed culprit (Headrick & Huber, 2010). In the U.S, for one to be recognized as a forensic document examiner he or she needs certification by The American Board of Forensic Document Examiners (ABFDE), unlike for graphologists (Lewis, 2014). In addition, recognized firms normally before considering one eligible for this profession emphasizes on an individual who has a baccalaureate degree, which is a basis for membership. Therefore,  for one to be an FDE candidate he or she ought to have an undergraduate or master’s degree (Lewis, 2014). Conversely, most graphologists gain their respective know-how by themselves. Graphology endeavors to prognosticate character traits or behavior through a close scrutiny of one’s handwriting. FDE entails scrutinizing as well as ascertaining any comparisons amid documents with known material to ascertain who could be the author and exact source of the text. Graphology is entirely diverse from FDE (Headrick & Huber, 2010). These organizations have been there for quite a long time, with the former instituted in 1977 and the recent one 1913. This is unlike graphology, which has no well-instituted organization but an analysts group which is dated back only 18 years (Lewis, 2014). The objectives of the forensic document boards embrace devising, maintaining as well as and enhancing qualification standards for its experts. The graphology web page links young graphologists to experts in graphology to help them improve on their skill (Handwritingpro, 1998).

Make the topic, whatever you choose as the product Research Paper

Make the topic, whatever you choose as the product - Research Paper Example gy that produces the best quality, it uses reliable testing techniques and various quality assurance principles that make its products more appealing and long lasting (Licari 2005). Vaskovà ¡ and Vaskovà ¡ (2010) point out that the benefit of using the this type of website in conducting business is that the efficiency of communication between the supplier and the buyer is greatly improved that the buyer can easily communicate with the supplier on the type of products that are available and even the ordering process of the available products by the buyer is made easy. One drawback of using this website is that there are various security concerns that might jeopardize the transaction process. The main security threat is that the information of the transaction can be accessed by the hackers who are malicious and can use the information to their own advantage for example these individuals can access the bank details thus stealing money from either the supplier or the buyer. It is reasonable to speculate that most trade SME’s will take place in the context of sites like Alibaba.com because most of the sites are growing at a faster rate and are categorized as either medium or small enterprises as this will help to dive innovation and competition in the various existing economic sectors. The transactions that are conducted in the various sites that are available today help in building trust in the people that use the site to conduct business, therefore, the transparency of any site depends on the honesty of the owners in delivering what they are mandated to do. Fraud is a usual occurrence in the internet since there are many fraudsters who act as imposters for their own selfish gains, therefore, any individual who conducts business through various sites should be cautious of the fraudsters in the marketplace. The global financial crisis will create an opportunity for sites like Alibaba.com in that these small and medium enterprises will have the ab ility to create

NCLEX-RN article review Essay Example | Topics and Well Written Essays - 1000 words

NCLEX-RN article review - Essay Example NCLEX-RN ® pass rates are of interest to the faculty in professional nursing programs, institutions, and the profession, as they represent a measure of faculty and program effectiveness; accreditation agencies and state boards of nursing expect graduate success; and the profession of nursing needs prepared practitioners as it faces a shortage of licensed professional nurses in the workplace. NCLEX-RN ® pass rates are of special interest to potential students who may choose a program due to reported rates, and graduates who are not successful may face anxiety and financial loss. Keywords: NCLEX-RN ®, nursing, logistic regression December 2010 NCLEX-RN ® Success: Are There Predictors The National Council Licensure Examination for Registered Nurses (NCLEX-RN ®, hereafter NCLEX-RN) was instituted in 1984, moved to computerized testing (CAT) in 1994, increased in difficulty in 1998, 2004,[ 7] and again in 2010. Since the beginning of licensure examinations for nurses, there has been variable interest in studying factors related to pass rates with interest heightened during periods of declining pass rates. Success on this examination has widespread ramifications for students, nursing schools, and employers. The stakes are high related to first-time pass rates. The identification of factors affecting NCLEX-RN success is useful for nursing schools in making decisions about admission requirements and curriculum issues. Variables associated with performance on the NCLEX-RN may be categorized as academic and nonacademic. Academic variables include scores on the Scholastic Aptitude Test (SAT) or the American College Test (ACT), performance in pre-nursing courses and selected nursing courses, and scores on standardized nursing assessment tests. Nonacademic variables associated with NCLEX-RN ® performance include the taker's age, gender, ethnicity, English as the primary language, and critical thinking skills.[ 4] The purpose of this study was to examine student academic variables from a baccalaureate nursing program to determine which factors may be predictive of student success on the NCLEX-RN examination. This nursing program, like many others, saw a decline in NCLEX pass rates after the difficulty of the examination was increased in 2004. Rather than attempting to make changes to the curriculum haphazardly, the faculty decided to do a systematic assessment of variables that could be influencing the pass rates. Systematic assessment provides evidence so that students who are at risk for failure can be identified early and remediation and/or curriculum changes may be instituted. Review of Literature Beeman and Waterhouse used a convenience sample of 289 baccalaureate nursing students who graduated between 1995 and 1998 to examine predictors of success or failure on the NCLEX-RN examination.[ 1] The most significant predictor of NCLEX-RN failure was the number of C+ or lower grades received in nursing theory courses (r = -.394, P†¦000 1). Higher grades in other core nursing courses and pathophysiology were also correlated with NCLEX-RN success. Discriminant analysis was used to predict 94 percent of the students who passed and 92 percent of the students who failed NCLEX-RN. The authors noted that "all this data is available by the end of the first semester of our students' senior

Case Marketing Essay Example | Topics and Well Written Essays - 500 words

Case Marketing - Essay Example In most cases, different products are developed on the premise that people with similar interests as well as income levels tend to live in the same areas hence it would be easier to reach them. Hats and caps are perceived differently by different people in the local market. In some cases, they may be perceived as luxury which is a preserve for mainly those who constitute the middle class and the affluent by virtue of their income but just like American popular culture, they are gaining prominence. Benefit segmentation can be used as one variable where One Source Gear can group people on the basis of similar benefits they seek to gain from a product such as low price or quality product. This can be done at the level of educational institutions since they will seek something uniform. Kotler (1999) posits that benefit segmentation deals with characteristics such as personality, attitudes, opinions as well as life styles. Thus, according to Kotler, such segments are indicators though the y may not be perfect, of behaviour such as lifestyle, price sensitivity and brand preference. Another variable that can be used to segment the market by the distributor is occasion segmentation which primarily deals with certain events. This can be done on the level of sporting teams such as soccer or athletics. These are special occasions held during particular periods and the distributors should target such occasions given that they will an impact on the sales made. Another variable that can be utilised when segmenting the market is usage level segmentation which entails grouping people into whether they are heavy, medium, light users or non users of the product. This depends on the level of interests of a particular product by the targeted people in the market. Usually, people with similar usage levels of a particular product display the same behaviour as well as attitude towards it. 2.

Out of Body Experiences Essay Example | Topics and Well Written Essays - 500 words

Out of Body Experiences - Essay Example In general terms, an out of body experience can be defined as a situation where individuals think, considering their minds as separate from the body (Nicholls 5). Actually, out of body experiences make people to imagine that they are working with the brains only while the body is at a different place or it is observing the work of the mind. A comprehensive analysis of out-of-body experiences provides several features, which can be very useful in understanding people’s life. Out of body experiences are mainly evident when people are left alone in places that are free from disturbance. Basically, people face out of body experiences when they are left to think freely in a place far from disruption. When left free, an individual is able to picture several life aspects in the past and imagine some future trends. Research on people thinking patterns shows that individuals tend to forget themselves when thinking in segregated places and concentrate on the use of brain only. For instance, someone might be relaxing at a park in New York but his Mind is in Europe watching football. People’s imaginations and past life are of great influence to out of body experiences. Out of body experiences occur when people anticipate occurrence of major life events such as marriage, giving birth or death. In essence, for an out of body experience to occur, there must be some motivating factors. For instance, an expectant woman might have mixed filling regarding giving birth and start imagining things. For example, she might start picturing how life would be after giving birth and how the unborn child will survive the life challenges. A couple planning to marry with a short duration might also have out of body experiences. For instance, the lady has to picture herself as someone’s wife, something she has never gone through in life. Consequently, the man has to visualize on how the life of a provider looks like. In summary, out of body experiences are diverse and appear

History of philosophy Essay Example for Free

History of philosophy Essay The study of philosophy may deal with every dimension of human life and can raise questions in any field of study or endeavor. Philosophy pursues questions rather than answers. Philosophy is not bound by any particular â€Å"truths† that set limits to the desire to continue asking questions. Philosophy changes historically both in respect to its content and its character. Definitions Etymologically, philosophy is derived from the Greek word philein or philia meaning â€Å"love† or â€Å"friendship† and sophia meaning â€Å"wisdom. † Hence, â€Å"love of wisdom. † The Chinese define philosophy as Zhe-Xue or Che Shueh (originally coined by Dr.Nishi Amane). Zhe means â€Å"wisdom† while Xue means â€Å"study. † Significantly, the Chinese character Zhe bears the emblem of mouth and hand which suggests the inseparability of words and action. This philosophy is the translation of words into action or the application of theory into praxis. Hence, for the Chinese, philosophy singles out a person to live on what he says. For the Hindus, philosophy is Darsana. Darsana means seeing, not only through the eyes but through the whole being of the one that sees. In other words, philosophy for the Hindus means seeing the whole reality through a total advertence and involvement of the looker. Philosophy refers to the field of study of the process which includes standards and guidelines for thought and for logic by which people develop concepts and principles which describe people, things and events, and techniques for using the concept and principles for the purpose of observing, analyzing, understanding, evaluating, organizing, and dealing with themselves and other people, things, and events who/which comprise reality (Kroepel, 2011) Philosophy refers to a human drive in the search of knowledge and wisdom to facilitate the evolution of man. Philosophy studies the fundamental nature of existence, of man, and of man’s relationship to existence. CONCEPT OF PHILOSOPHY In order to live, a man must act; in order to act, he must make choices; in order to make choices, he must define a code of values; in order to define a code of values, he must know what he is and where he is, he must know his own nature (including his means of knowledge) and the nature of the universe in which he acts. All of this things put together, is the very concept of PHILOSOPHY. Origin of Philosophy Western Philosophy began in Miletus ( accdg.to Reginald Ellen). The radix of the claim lies on Thales: the acclaimed first philosopher. Historically, western philosophy began in Greece. The word philosophy is even derived from the Greek language and means a love of wisdom. Ancient western philosophy had three main branches: ethics, logic, and physics. These three branches have now broken into even smaller sub-sections, covering everything from epistemology to aesthetics. Socrates was a large influence on western philosophy, but there was a pre-Socratic era that covered philosophical topics. Eastern philosophy has its roots in religion, specifically the Abrahamic religions (Islam, Judaism Christianism). It is more concerned with asking questions about God and how the world relates to God. Abrahamic religions (also Abrahamism) are the monotheistic faiths of Middle Eastern origin, emphasizing and tracing their common origin to Abraham or recognizing a spiritual tradition identified with him. They are one of the major divisions in comparative religion, along with Indian religions (Dharmic) and East Asian religions (Taoist). Abraham was said to have lived during the Iron Age sometime after 2000 B. C. E. , in the city of Ur in Mesopotamia. The way eastern philosophers created theories on knowledge and religion has led people to practice the philosophies of certain philosophers without adopting all aspects of that branch. For example, some people may consider themselves believers in the Buddhist philosophy, but they never actually go and worship Buddha. The eastern philosophers historically believed that religion was a large part of the study of philosophy. Contemporary practices of eastern philosophy often remove the religious part. Islam impacted much of what we now consider eastern philosophy, meaning that most branches have a religious aspect. The most common branches of eastern philosophy include: Taoism, Buddhism, Hinduism, Maoism, Shinto, Confucius, and Legalism. Both regions can attribute a large amount of current philosophical thought to some form of religion. The eastern world chose to embrace religion as their main pursuit of knowledge, while the western world broke philosophy into a bunch of different branches. Branches of Philosophy Epistemology This refers to the branch of philosophy that is broadly defined as the study of knowledge. It answers the question, â€Å"how do we know? † It encompasses the nature of concepts, the construction of concepts, the validity of the senses, logical reasoning, as well as thoughts, ideas, memories, emotions and all things mental. It is concerned with how our minds are related to reality, and whether these relationships are valid or invalid. Aesthetics refers to the branch of philosophy that is broadly defined as the study of art. It answers the question, â€Å"what life can be like? † In philosophy, aesthetics is important because it delves into the reason why art has always existed to reflect and express the desire and need of mankind through the ages to see the world in a different and clear way. It further evaluates art by using the standards of human life, and if whether it accomplishes the job of satisfying man’s intellectual needs, or whether it tends to hurt or make worse of those needs. Metaphysics Literally means beyond physics, this refers to the branch of philosophy that is broadly defined as the study of existence. It answers the questions, â€Å"What is out there? † or â€Å"What is real? † As the foundation of philosophy, metaphysics is also regarded as the fundamental view of the world. It encompasses everything that exists, as well as the nature of existence itself. It determines whether the world is real, or merely an illusion. Ethics This refers to the branch of philosophy that is broadly defined as the study of action. It answers the question, â€Å"what should I do? † Ethics deals with the proper course of action for man. Specifically, it answers whether or not a human act is good or bad. At a more fundamental level, Ethics can also be defined as the method by which people categorize values and pursue them. Logic It is the branch of philosophy that is broadly defined as the study of reason. It answers the question, â€Å"what is correct reasoning? † Furthermore, logic attempts to distinguish a fact from fallacy. Politics It refers to the branch of philosophy that is broadly defined as the study of force. It answers the question, â€Å"what acts are permissible? † Under its philosophical perspective, politics is ethics applied to a group of people. Brief History of Philosophy. Pre-Socratic Philosophy Characterized by the rejection of the mythological explanation on the nature and phenomena in the universe. The thinkers under this time period were mainly concerned with the search for the â€Å"true essence of things† and made use of systematic and scientific approach in uncovering the realities in the universe. Pre-Socratic Philosophers Thales (c. 624 – 546 B. C. ) Greek philosopher who was regarded as the first philosopher in western tradition. He became known for positing that water is the single element that comprised all things in the universe. He also made famous the aphorism, â€Å"know thy self. † Anaximenes (c. 610 – 546 B. C. ) A student of Thales who postulated that air is the source of all things in the universe. His major contribution, however, was stating that nothing can be created from nothing. Matter, force, and energy are indestructible. These ideas later reappeared in physics in the laws of the conservation of matter and energy. Anaximander He explained the world as originating in conflicts between contraries, such as hot and cold and wet and dry. The cold partly dried up, leaving the Earth and its water. The hot turned some water into mist and air, while the remainder ascended to form fiery rings in the heavens. Holes in the rings are the sun, moon, and stars. CLASSICAL PHILOSOPHY Classical Philosophy was primarily characterized by the rise of the â€Å"Great Greek Triumvirate† – Socrates, Plato Aristotle. Classical Philosophers Socrates (c. 469 – 399 B. C. ) A Greek philosopher who became known as one of the most prominent philosopher in Ethics. Unlike his contemporaries, Socrates was more concerned with how people should behave rather than how the world works. Plato (c. 428 – 348 B. C. ) A student of Socrates who become known for through his dialogues which contained the presentation of his ideologies and theories in a conversational form. Aristotle (c. 384 – 322 B. C. ) He was the student of Plato and became known as the first thinker to create a comprehensive system of philosophy, encompassing Ethics, Aesthetics, Politics, Metaphysics, Logic and Science. MEDIEVAL PHILOSOPHY Medieval Philosophy was the period predominantly composed of philosophers who were concerned with proving the existence of God and with reconciling Christianity/Islam with the classical philosophy of Greece particularly that of Aristotle . This period also saw the establishment of the first universities, which became an important factor in the subsequent development of philosophy. Medieval Philosophers Avicenna (980 – 1037) A Persian philosopher, physician and polymath during the Golden Age of Islam. As a philosopher and a devout Muslim, he tried to reconcile the rational Greek philosophy with Islamic theology. St. Thomas Aquinas (1225 – 1274) An Italian philosopher and theologian who became a great influence on subsequent Christian philosophies, particularly that of the Roman Catholic Church. EARLY MODERN PHILOSOPHY Early Modern Philosophy. The rise of Modern Philosophy can be attributed to certain historical and cultural changes that happened between the Age of Reason during the 17th century and the Age of Enlightenment during the 18th century. Among the changes during the said period were the advancement in science, the growth of religious tolerance and the rise of liberalism (promotion of liberty and equality). Early Modern Philosophers Rene Descartes (1596 1650) A French philosopher, mathematician, scientist and writer of the Age of Reason. He has been called the â€Å"Father of Modern Philosophy†, and much of a subsequent Western philosophy can be seen as a response for his writings. He is responsible for one of the best-known quotations in philosophy: â€Å"Cogito, ergo sum† or â€Å"I think, therefore I am† (Mastin 2008). Baruch Spinoza (1623 1677) a Dutch philosopher who was a contemporary of Descartes. Spinoza became famous for his belief that absolutely everything including human behaviour occurs through the operation of necessity, leaving absolutely no room for free will and spontaneity. Gottfried Wilhelm Leibniz (1646 1716) A German philosopher, mathematician, scientist and polymath who postulated the concept of â€Å"monads† which refers to the ultimate element of the universe from which all things, including human beings and God himself are made of. Immanuel Kant (1724 1804) A German philosopher during the Age of Enlightenment. He is regarded as one of the most famous thinkers in modern philosophy. His contributions in all branches of philosophy are often described as being, â€Å"immeasurable†. Kant’s Copernican Revolution. One of the most popular Kantian theories which states that the â€Å"representation† of an object greatly helps the perceiver to perceive a certain object and not the object per se. To put it more accurately, tangible materials (such as the actual glass) are less important in perceiving the glass. What is important is how we experience the â€Å"glassness† of the glass through experience. Kant believed that the human mind can be compared to a tabula rasa (blank tablet). Examples: It is like a computer with no operating system. A computer with no â€Å"O. S. † should be installed with various programs to function properly. A new born baby should be exposed with positive experiences which may affect his lifestyle and manner on how he/she perceive things. MODERN PHILOSOPHY Modern Philosophy. The modern period of philosophy generally refers to the 19th and 20th centuries. The late 20th Century which is sometimes referred to as the contemporary period, became the venue of major development in philosophy characterized by the rise of new philosophical movements. Modern Philosophers Jeremy Bentham (1748 1832) An English philosopher, political radical and legal and social reformer of the early modern period. He became the founder of the Utilitarianism which refers to the principle that holds that the right action is that which would cause â€Å"the greatest happiness of the greatest number†. John Stuart Mill (1806 1873) An English philosopher and political scientist who was the protege of Bentham and conducted major improvements on the principles of Utilitarianism. Friedrich Wilhelm Nietzsche (pronounced NEE-cha) (1844 – 1900) A 19th Century German philosopher who was known for challenging the foundations of Christianity and traditional morality, famously uttering, â€Å"God is Dead†. EASTERN WESTERN PHILOSOPHIES: AN OVERVIEW Western Philosophy Refers to the philosophical thinking in the Western or Occidental world, particularly in Europe. Historically, it refers to the philosophical thinking of Western civilization, beginning in ancient Greece. Western thought puts more emphasis on individualism, science, math, and politics – hence, rational and materialistic. It can be seen as the triumph of reason and empiricism over faith/religion – a search involving many questions. Eastern Philosophy. Refers broadly to the various philosophies in the Eastern or Oriental world, particularly Asia and some Arab countries. Historically, it is heavily influenced by Hinduism the world’s oldest religion, beginning in India. Eastern thought puts more emphasis on interdependence (of human beings and nature), harmony, unity, and faith – hence, meditative and spiritual. It can be seen as the triumph of faith/religion over science and reason – an answer following realization. KEY CHARACTERISTICS OF EASTERN WESTERN PHILOSOPHIES Western Philosophy. Is rational because most western thought focused on refining epistemology and logic. It emphasized that it is the individual using his/her rational ability to deduce the truth about the things around him/her, and this separates the individual as a subjective mind different from objective reality: Nature, God, the Universe. Eastern Philosophy In the East, philosophers have been more concerned with ordaining society in a harmonious manner, finding humanity’s proper place in society and nature, acting and thinking in a way that would promote unity and order in the universe. It does not have to rely on rationality and often tries to transcend individuality itself to reveal a person’s inherent sameness with the universe/nature. Reason is in fact seen as a stumbling block to truly understand reality. It focuses on how to live and tends to accept the way things are. Eastern thought is focused more on the mind and the spirit/soul, tending to offer a different level of internal experience (meditative) from which to draw conclusions. Thus, it would be hard to separate philosophy and religion.

The Truth In Hard Determinism Philosophy Essay

The Truth In Hard Determinism Philosophy Essay Over the years the problem of free will versus determinism has been a phenomena to philosophers for many years. It has been a huge issue, because without the presence of free will there cannot be morality, no wrong or right, no good or evil. Everyones behavior would be determined before hand and people would have no creativity or choice. Everything one does on a daily basis in ones life somehow involves the process of decision making or choice selection, whether it be mental or physical. From the moment one wakes up to the second one sleeps, decisions and choices are being made. There are some decisions that one makes that are extremely obvious to oneself because of the need of reflecting on the choices before choosing. But most of the decisions one makes throughout the day are made with little thought. Furthermore, many people are mostly unaware that they are making decisions because of preference and habituation. Before continuing further, the terms free will, and determinism must be defined. Free will is the idea that an individual is free to make decisions that are unhindered by external forces. Whereas determinism states that the conditions of a specific moment are the result of from the previous conditions of previous moments. The position that this paper encourages is that of hard determinism. The general hard determinist believes that no human action is free. Paul Holbach was a hard determinist philosopher who wrote an article called The illusion of Free Will. In it he explained how everything one does is caused by things that is beyond ones control. Generally speaking , people are motivated to pursue pleasure and avoid pain, but people cannot help what gives them pain or pleasure. No matter what one does, the endless chain of causes and effects leads ones doing is inevitable. An important example that Holbach used was the poisoned water. It demonstrated that whatever one does they do it for a reason, and that these reasons are simple changes that the brain makes which determines what one chooses to do. Since one cannot control the changes in the brain that causes one to choose what one chooses, then that would mean that no one cannot control their own actions. Hard determinism also gives a more rational perspective of humans and their choices. It focuses on the causes instead of the instant causes for ones actions. Also the implications of being determined are taken more seriously, and it does not make one responsible for the decisions one makes because they are beyond the individuals control. Furthermore, hard determinism tries to take into fact of how people feel that they are free when they really are not. Halbach believed that the main cause of why people think that they make their own decisions is because they are ignorant to the cause and effect chain that determines their behaviors. The motives and causes are just too complex for people to understand them. People do not also naturally question where the causes behind their choices come from, which gives humans the idea of having free will. Moreover, hard determinism has many advantages to it. It could be helpful in courts of law and in the legal system, that is when it would be most convincing . A person who maybe standing on trial may use hard determinism as a defense by stating that the individuals actions were caused by events that occurred in the past which were ultimately beyond the persons control. If hard determinism is successfully persuasive in court, then it should be accepted that both free will and determinism are incompatible. However hard determinism does have its flaws. While soft determinism views that humans are unique, because they possess free will; hard determinism refutes humans that important component that makes humans distinctly different form animals. Humans are also no more free than robots. In addition, it would be wrong to punish a criminal, because they just could not help it; and that would ultimately lead to an unstable society filled with mayhem and troubles. Ultimately hard determinism argues that humans may feel free but it is nothing but a mere illusion, and some people would argue against this and believe that it is free of choice. Continuing on the pros of the hard determinist view, libertarianism brought up many new points to the argument. Libertarianism was about the idea that humans are all free and that free will is not compatible with determinism. Libertarians argue that because one can easily create ones choices it gives one libertarian free will, and that ones choices in the future are undetermined. Furthermore libertarianism has far too many problems and disadvantages. The first disadvantage is that there is scientific data and empirical evidence that proves that humans are psychologically and scientifically determined,(this discovery was made by Skinner, who was also a hard determinist). It is through classical conditioning that human behavior is a response to the stimuli an individual is in or exposed to. Thus, ones decisions are caused the external environment around that certain individual which accounts for ones choice. Eventually, once the psychological evidence is shown, such as operant conditioning and scientific determinism, it becomes a challenge to see how humans are not determined, and that leaves little room for the libertarian perspective to prosper. One other argument against the libertarian perspective of free will and determinism is the explanation that everything has a cause. Where in the natural free word everything that exists is ca used by something; and equivalently ones choices has to have causes and determinism. However a hard determinist philosopher by the name of T. Honderich who wrote an article called A defense of Hard Determinism, disagreed with the libertarian view. He believed that the human mind must be determined, and that the mind should not be separate from the rest of the body, as it has been demonstrated that the mind highly dependent on physical brain activity. Finally, the criticism above has shown that libertarianism is unconvincing and has many poke able holes, as libertarians believe that the mind is in charge of making ones decisions. Ultimately, there are many perspectives that are related to the question of free will being either compatible with determinism or it being incompatible with determinism. From the evidence presented within this paper, hard determinism is the most consistent theory to follow when it comes to the question of free will and determinism. This is because a choice t hat is not under ones control must be determined by something else; and that certain something according to Holbach is either an external or internal force that drives every human being to make certain decisions. Even though it is hard to accept, Holbach explains that humans must accept it because it is the truth. Humans are not free to choose their actions.

Supply And Demand Chain In Music Industries Marketing Essay

Supply And Demand Chain In Music Industries Marketing Essay Since the inception of humankind, music has been significant to civilization of human race providing various advantages physically and mentally to every person involved in making or listening of music and tasting pleasure in doing so. Prior to 19th century, musical pursuit suggests attending live performances and playing of music instruments by people on their own at home. A soaring percentage of people involved in playing and singing by themselves and rest went to see the live performances in concert halls, taverns and music halls. During this era, the only way of recording music was on paper with support of some pre-programmed mechanical devices to play notes. This clearly shows that there was demand for devices which will help in developing and recording the music and can be easily distributed at listeners place. Before moving towards the process of recording and distribution of music let see how music-making is being categorised by society. Society has differentiated music making in two types i.e. classical music and popular/pop music. The classical music consists of well trained musician and pop music consists of untrained populace. The classical music suggest three large periods of music i.e. (Baroque, classical and romantic) where as popular music can be any modern day contemporary music. The basic difference between the classical music and pop music is classical music is also known as art providing entertainment whereas later only provides entertainment. Classical music has greater musical complexity and it is appreciated by older generation while pop music lacks the structural complexity for multiple structural layers but have universal appeal. Factor governing buyer behaviour Information on consumers potential behaviour becomes a strategic resource enabling promoters to anticipate competitors, improving the fit between supply and demand of music in the digital environment Quality Uncertainty Cultural goods are experiential goods in the sense that their quality may not be learned or measured even after consumption. There are no suitable parameters to make a claim regarding an unsatisfactory music album. When the quality is uncertain, people prefer what other people prefer. This represents the second feature of consumption in the cultural industries the presence of socio-network effects. Cultural-dependence Represents a way of fulfilling desires identified with highly valued life styles by consuming cultural goods, people express who they are and the social groups they belong. Demand Reversal Phenomenon Once too many people participate in a particular fashion, it ceases to be attractive, and the trend reverses. In this sense, the consumption process is cyclical, and the consumer segments may be influenced by the dynamics of fashion. This reversal process may also be repeated, such as when an anthology of Beatles songs, after being first fashionable, and then less attractive, may once again become valued as classics, experiencing repeated streams of consumption. Demographic factors Classical Music Willing to pay more for Interested in better sound quality Buy records as a package: not just music but notes, lyrics and cover art. Enjoy live concerts Prefer subscriptions than daily tickets Popular Music More interested in convenience Need flexible medium to listen Comparatively more fascinated discovering new music and artists Curious about the new phenomenon Consumer use music in two ways i.e. they own the product in the form of a CD/ DVD or use as a service, and listen to radio station or online. The listening of songs through radio station also used as promotional channel where the awareness is created and consumer is tempted to be the owner of the product. The market can be largely grouped into two segments: music owner and casual listener. It is possible for a consumer to be a part of both the segments i.e. customer being casual listener for some music and music owner for other kinds of music. When the casual listener is converted into music owner the profit starts coming in. Internet being a two-way interactive tool gives benefit to sales channel for downloading music as it is also used as a promotional channel. Consumer analysis suggests that adolescents and college going student perceived buying of CDs/DVDs as expensive. This perception exists due to mass piracy and copying, devaluing the commercial value of music and other reason being there is only one or two good value songs on the CDs/DVDs. The easy accessibility of technologies (MP3 player), digital downloading and CD/DVD writing has given power to consumer in-turn changing their buying behaviour. The music industry has drastically transformed in the last couple of decades, all credit goes to the increasing penetration of strong broadband connection, which provides convenient service to music lovers to download or buy the MP3 tracks or any music via internet. This technological change in music industry has adversely affected the traditional chain of high street music specialists. But in turn has resulted into heavy selling of physical music and DVD music online. This activity also lays the foundation for promoting digital downloads as well as the stealing of music illegally from the web. T he illegal downloading of music is the current major problem faced by the members dealing in music industry and the owners of the music. Downloading music illegally has not only started devaluing the value of music for entire generation of youth but also affecting the content owners in terms of their financial returns which is decreasing day-by-day. A huge challenges also faced by the retailers as there is a rapid ranges of price deflation due to free downloading of music by the new generation of consumers. While essential modifications are taking place in the music and video retailing as well as major upsetting among the specialist players, they are being provoked by the swift escalation of technology set up in the consumers place. With the influx of broadband connection there is a mass increase in the ownership for iPods and MP3 players. Other reasons for growth in online sales are due to the moving of supermarkets from food to non-food categories creating and continuing the huge impact. Thus, in this environment the challenges for retailers are to find different ways to cater their consumers for retaining their expected profitability which will help them to survive in this tough competition. On the whole, the music industry is facing an enormous challenge. A few of the most popular artists have an undersized product life cycle as the temperament of the industry has changed. Then alongside is the modern technology and broadband letting consumers to obtain classical and popular music at superior quality for free or diminutive cost during exchange of the MP3 tracks or file sharing. According to music recording companies and their representatives the massive and regular use of this method for obtaining classical and popular music has been a major setback for recording companies as this being the reason to their declining sales and profitability. Members and followers of the file sharing partly blames the commercial desire of the recording companies and indicate towards the comparatively great prices of DVDs, CDs and recorded music as the most important reason of consumers looking out for new and other choices. When we talk about technology it is clear that modern technology is here and will be upgraded time to time will become even more sophisticated in future. Numerous artists have problems and fail to get their music heard because of the governance of the quick buck super marketing of the present trim of top acts. Internet is the useful tool for the performers and artists and may offer useful resources for delivering their music to their follower all over the world. No matter what the point is? The music industry will counter the challenge of encountering the changed market place and how they act in response to such difficulties is going to be critical in their success and prolong development of music industry. Implications to Supply chain, Publisher and Demand chain The Music industry consist of performers/artists, labels/publisher, producers, manufacturer, engineers, marketing agencies. To realize all the arguments affecting each members of the supply chain, recording companies and demand chain it is important to know how music industry operates. It is huge and complex industry. In real meaning, a performer or an artist, is undersigned in a contract by the record companies to create an album or tracks. Then recording company pay or may pay for the produced albums to market it or manufacture the CDs which will be distributed all over the world. In return, the revenue is generated by the sale of the albums which covers all the cost incurred on producing the CDs and thus the income is passed to each member involved in the process. The music company are therefore smashing their business in search of providing a variety of music to meet the various range of tang of the consumer. For doing this, it is very important to manage the product portfolio sensitively as any action taken will have an adverse effect on cash flow. The music company has to ensure that there is a sufficient cash flow in the business to manage its liabilities. Almost every main record company will highlight the fact that they have dozens of other company that has set up under it or they have bought them. For example, The Universal Music Group owns: Jazz recording company Verve Classical recording company Deutsche Gramophone Apart from this the labels also has different companies under them which distribute conventional pop and rock material. Therefore, the market is dominated by five major companies sharing 75% of the total sales of recorded music all across the world. But to the fact, there are dozens of other labels and companies which are reputed as a individual entity but may have been under taken or set up by their parents company over the years. (Source: IFPI, Market Share of the Music Industry, 2008) The Problem The problem centres on several issues: Increase in piracy has affected the record labels severely as they experience a worst in declining sales. If sales are not official the artists are not bound to receive any royalty income from the sale of the music. The complexity of modern technology is also responsible in making of fake CDs which is again affecting the market of the music industry. Some artists struggle to get into mainstream as they are not signed by the major labels; they opt for the internet as it is potential source of getting their music to mass audience. Due to decline of CD sales physically, retailers of all size are facing the heat. Some smaller size retailers are complaining the difficulty they face in competing the larger stores as they have the advantage of providing the songs through downloaded music. The effects of music piracy has created the dispute for the record industry as it claims that piracy generates further sales but recording company wants to protect their monopoly powers by keeping the artificial prices high, and thus affecting the customer base. Other Problems The other aspects of music industries are also affected by the changing market in the music world. The method used by music lovers to purchase music is also going under drastic change as there is development in new forms of media entertainment i.e. DVDs and videos. Companies selling music have also come to provisions with the impact of changes taking place in the market. Amazon coming in on-line retailing made other companies like HMV, Virgin and Tower Records, which are the three major retailers to face the competition. Amazon also created the impact by providing the features like speedy delivery times and extensive range of stocks through global access. Digital distribution saviour of supply and demand chain in music industries The RIAA (Recording Industry Association America) forced Napster and other peer-to-peer companies to closed music sharing business with the help of severe legal process. The commotion was temporarily stopped but it clearly suggested that there is a need of such crucial products and services which will help in understanding the customers tastes and will meet their actual requirement. The basic objective was to re-organize the traditional supply chain for the survival and this was only possible by inculcating various digital distribution strategies. The content creators, content developers and marketers and retailers/ distributors are the three major players for the current supply chain in the music industry. Composers, lyricists, and artists are the part of content creators. The music publishing and record companies are included in content developers which are central to the industry. s are the They not only procure the musical rights, recognise and develop performing artists, record music in studios but also produce and distribute the music, advertise and promote music through various channels. The distributors consist of large national retail chains and recording company. 85% of sales come from record companies and larger national retail chains which are owned by retail outlets and are also high compared to record clubs and mail orders and online retailers which only account for 12% and 1 % respectively. In recent years, there has been a significant shift in the market share from unaccounted music to P2P music sites as the record companies have had a significant influence on the demand as well as the supply chain. Cost Breakdown of digital distribution (Source: Alternate digital distribution, G. Premkumar, 2003) The above cost structure proposes latent opportunities to develop the efficiency of current supply chain. The above table provides the breakdown of the costs involved using averages from various published sources. From this the royalty to composers/artists account to 12% as manufacturing cost is only 5% of total cost and costs such as labour, rent, and local inventory of retail outlet account for 35%. Meantime, the costs involved in retail outlets also account for 35% of selling price. The operating profits ranges from 4%-6% of sales in relation of price markdown and after writing off the inventory. An additional cost of 20% is absorbed in promotion and advertisement. The breakdown of these cost facts disclosed 25% of variable cost is comparatively small to fixed cost which is 75%. This is important because 60%-80% of music labels are meant to be flopped and they fail to cover the fixed cost. Most of the consumers do not realize that there is natural risk in this business and the suc cessful labels do only compensate the losses. Alternate strategies for Digital Distribution Distributing music digitally through supply chain can have a variety of strategies. The three major members of the supply chain are content creators/artists, recording companies and retailers. In order to ensure the success of digital distribution, multiple marketing and social issues must be solved instead of technological issues. Due to other restraint, concentrating only on supply chain will may or may not give the solution which can be implemented. Six different strategies given below are the suggestion for distributing music digitally. Recording company-retailer-customer Some consumer support this strategy as it suggests flexibility to produce modified CDs without altering the packaging CDs. This strategy introduce consumer to new artists also gives quality experience of music. This strategy is categorized into three stages as per changes taking place in the market. The primary stage consists of developing customized CDs and it advances to second stage where the assembling of CDs is done overcoming the in-store inventory problems. In the third stage, this strategy provides inventory less in-store and help consumer to recognize types of music they want, different artists, and can also create CDs. Due to inherent cost efficiency in this strategy, it provides benefits to Retail store operations. This strategy also helps recording companies to protect their copyrights. Record company-customer This strategy of direct distribution take advantage of eliminated retailers as it reduces the cost of retail operations for distributing music. Thus creating potential market for digital distribution between recording company and customer. Record company-intermediary-customer This strategy is also called one-stop shop. The consumer can get their music by visiting multiple sites at one place. Music from multiple recording companies is consolidated at one place by intermediary and this gives consumer to buy their favourite music at one place. Online retailers like Amazon.com can generate extra sales revenue by providing quick search facility and good system network to download music. Artist-customer This strategy creates the most efficient supply chain by eliminating the intermediaries and save cost in every aspect for music industries for distributing music. Although this strategy suggest expenses for artists in terms of direct advertising and maintaining the cost of the web site. It is also important to address other issues for the success of this chain. Artist-intermediary-customer In this strategy, an intermediary combines the artists and offers them services to minimise their search and information problems related to consumers also does expand the market reach for the artist. The intermediaries creates online communities with similar music interest also offers services like online reviews and provides email alerts to consumer for new releases and concerts. Thus they add value to this strategy. Audio-on-demand (AOD) This option helps consumer to create their own playlist of their favourite songs and can listen as per their convenience through internet radio stations. This strategy uses simple subscription model for delivering the music to consumer. A consumer can change their playlist as per their choices during the subscription period this will help consumer to get rid of old and few songs considering the ownership model. (Source: Alternate digital distribution strategies, G. Premkumar, 2003) Comparison of distribution strategies (Source: Alternate digital distribution strategies, G. Premkumar, 2003) It is thus necessary to educate the people about negative effects of piracy and protecting the copyrights. This is also critical for keeping the music industry healthy and flow of income and royalty to artists will encourage them to create new music portable devices. Internet radio stations require two-way connection with each consumer compared to broadcasting radio which will creates load on server and system infrastructure. These problems will be solved in future with the help of surplus bandwidth. Future of Music Distribution The above table provide the summary of merit and demerits of each distribution channels for stakeholder, artists, labels and publishers, retailers and consumers. Although it will be enticed to say which strategy is going to succeed in future, it is obvious that quite of them will survive in their own niche markets. The absolute victory of every channel depends on their relative features. A single feature that will induce the reformation of the industry is the dominance between the artists, publisher, retailers and consumers. As formerly stated, some of the big labels and publisher not only have control of creation, marketing, and distribution of MP3,CDs, DVDs dominating the market but also have substantial control on the artists. Boost in consumer power to copy the music files from P2P file sharing sites, which was abandoned because of legal actions taken by recording companies followed the closure of P2P music sites. But the impact of action taken by RIAAs did not stop launching of many new P2P music sites. Due to the risk of breaching copyrights, artists have started supporting the point of labels and publishers related to digital distribution of music. The above table suggest that the situation for retailers is on risk in future, they need to diversify their services to on-line retailing. E.g. ARKIV.com, NAXOS. Looking at the future of music industry the recording companies will influence the most to each distribution strategy as they will have proper control on incentives and disincentives for consumer to operate one strategy or the other. Various business models can work all together to give absolute supple to consumer when music is accessible digitally. As a matter of fact, the business model adapted by Naxos, MuiscNet is the mixture of strategies recording company-intermediary-customer and audio on demand which gives ownership and listening features to consumers. Conclusion The information given above provides opportunities for re-engineering the traditional supply chain by digitizing the music. The negative impact on members of supply chain, publisher and demand chain due to the illegal copying and downloading of music can be solved with the use of six digital distribution strategies. These six distribution strategies were investigated in terms of cost structure and the relative roles of stakeholders for the music industry. The major problems linked to the successfully implementation of each strategies were discovered and explicated. Bibliography and Referencing http://www.bized.co.uk/current/research/2003_04/011203.htm http://www.oligopolywatch.com/2003/06/28.html http://www.ifpi.org/site-content/press/20030909.html http://www.bmg.com/ http://new.umusic.com/overview.aspx http://www.emigroup.com/About/Overview/Default.htm http://www.timewarner.com/corp/index.html http://www.scopus.com/record/display.url?fedsrfIntegrator=METALIB-SCOCIT origin=fedsrf view=basic eid=2-s2.0-3142691513 http://www.scopus.com.lcproxy.shu.ac.uk/record/display.url?fedsrfIntegrator=METALIB-SCOCITorigin=fedsrfview=basiceid=2-s2.0-61549099931 http://www.springerlink.com.lcproxy.shu.ac.uk/content/42g3531nv41u17t4/fulltext.pdf http://academic.mintel.com.lcproxy.shu.ac.uk/sinatra/oxygen_academic/search_results/show/display/id=393867/display/id=437587#hit1   http://academic.mintel.com.lcproxy.shu.ac.uk/sinatra/oxygen_academic/search_results/show/display/id=280587/display/id=326982?select_section=326984   http://www.anstendig.org/classical_vs_street_music.html http://stason.org/TULARC/music-genres/classical/9-What-distinguishes-classical-music-from-popular-music.html http://wiki.answers.com/Q/What_is_the_difference_between_pop_and_classical_music   http://hbswk.hbs.edu/item/5731.html   http://hbswk.hbs.edu/item/4206.html

Flaming on the Internet :: Exploratory Essays Research Papers

Flaming on the Internet You're sitting in front of your computer, checking your email like you do everyday. This time, however, you get an email from someone whose name you don't recognize. Your curious nature getting the best of you, you click on it and see this: Guess what! I'm a woman, and I'm sending you e-mail. I must be able to use a computer. I also do not take a herd of women into the restroom with me. Women do not do that. Men just like to think that we do. Who do you think you are exactly? Guess what! I know exactly what you are. You are a pitiful, pathetic excuse for a piece of poor white trailer trash man whose angry because he's an ignorant, chauvinist little prick who can not bribe a decent, intelligent woman into coming within a mile of him and has to resort to cheap, stupid whores to keep him company. What exactly is "this"? It's a flame, of course, courtesy of "Flaming on the 'Net." Susan Herring in her essay entitled "Bringing Familiar Baggage to the New Frontier" defines flaming as "'the expression of strong, negative emotion,' use of 'derogatory, obscene, or inappropriate language', and 'personal insults'" (149). The flame shown above is only one of several different types that are exchanged over the Internet. According to The Wall Street Journal, the Net is growing at the estimated rate of two million novices each month (Sandberg). Thus, the potential increase in flaming as more and more people log on is obviously a problem. However, are there any benefits to this phenomenon? As the debate rages on, my opinion on the matter is that flaming is not the action one should take because it is more harmful than not. On the one hand, the argument stands that flaming does indeed prove itself as an asset. One such instance is to curb scammers. Scammers view the Internet as a cheap avenue to reach millions of people and, by misleading them, making money off of their deception. For example, companies throughout the globe sell their products over the Internet. Not everyone, however, is able to discern which company is reputable and which is not, which allows for an individual to be "taken in" by a great offer.

Gregor Johann Mendel :: essays research papers fc

Gregor Mendel was born in Heinzendorff in 1822 and died in 1884. Ever since Mendel was a boy he was very interested in science. Whenever his friends would come back from school they would tell Mendel what they studied and he would be so excited. Mendel was so interested about what his friends told him that he begged his father to let him study. This meant a great sacrifice to his father he because owned a small farm. Needless to say, he sent his young son Gregor, who was only eleven to school. At school Mendel showed great intelligence so much that his parents decided to deny themselves the pleasures of life to keep their son in school. When Mendel was a young man, he became a science teacher, and a monk. He had a pea garden, there he conducted his experiments that are renowned by science teachers today. People told Mendel that he looked like his father. He would think to himself, why do some people resemble their father and some people their mother? Many men before Mendel thought that very same question, yet with all their efforts to figure out this mystery only made things more complex. How does heredity work? Mendel chose to answer this question with peas. Because peas are easily bred, and grow quickly made them a perfect candidate for hereditary experiments. Mendel tried experiments with crossing tall pea plants with short pea plants, the results were tall ones. Mendel thought that this tallness trait must have been the dominant trait. Of course he did not let this matter rest here, He left the tall children alone until they formed ripe seeds. Then he took the seeds and planted them. Then the "grandchildren" plants grew. What happened surprised Mendel not all of the plants were tall, 1 out of every four plants grown were short. Mendel thought that shortness must be a recessive trait. Mendel tilled and grew more pea plants in groups of four. Yet something even more surprising came to be - the short plant of the four offspring had nothing but short offspring, and one tall plant had nothing but tall offspring, but the other two plants gave a mixture, one short offspring for every three tall ones. Mendel thought to himself how about the shape of the seeds? because some peas were rounded and some were wrinkled. He wondered if these followed the same pattern as did the height. It was an amazing discovery, and people began by shrugging and saying "so what, what does it amount to," "Does it concern raising peas, or even all plants.

Discursive Essay on Racism -- Papers

Discursive Essay on Racism Racism has existed for centuries, but during the last two hundred years hatred toward ethnic minorities or even majorities has fluctuated. Racism occurs all over the world, can happen to anyone and will always exist. There are three different forms of racism, open racism, violent racism and secret racism all express forms of hatred towards ethnic groups. These forms of racism, although different, all have the same main purpose, to promote hate towards ethnic groups. Open racism expresses freedom of racial thought and speech. In America it is allowed due to the First Amendment that protects political views on racism. The American National Party and various other parties come under this protection, and so does the British National Party and the National Front. We do not have a First Amendment, but these obviously racist parties still exist. Open racists promote their views through propaganda, but soon may die out as it becomes socially unacceptable. Violent racism promotes racism through violence and fear. This form of racism is not allowed because it promotes violence to express its ideas. Unfortunately, many violent racial groups claim they do not promote violence, and therefore they are allowed because not enough sufficient evidence exists to prove their violent intent. Secret racism expresses ideas of racism in hidden ways and sometimes, secret racists are not aware that they are racist. People nowadays do not express their dislike of minorities and are not prepared to show a feeling that could be called racist. Avoiding minorities on the street and low pay to an employee of a minority are examples ... ...avour of "purity of the race" idea, but they understand how it worked. Blond hair and blue eyes are recessive genes. Two brown-eyed people can give birth to a blue-eyed child, but two blue-eyed people cannot give birth to a brown-eyed child. Dark skin and dark hair are also dominant genes, so because of evolution, it must mean that the ancestors of humanity had dominant genes. If they had only recessive genes, there would be no dark eyed, haired or skinned people. This leads to the conclusion that all people have a black ancestor. This is backed up by the well-accepted idea that Africa was the starting place of humanity. As African species travelled north to Europe they made the previous inhabitants extinct. Racism is a worldwide problem that will never be eradicated and there are no simple solutions to it.

Operations inventory management: Defining replenishment from requirements philosophy Essay

The requirements philosophy of inventory management and control aims to balance short term lower inventory and higher customer service. The materials requirements planner first determines the total amount of parts needed to produce a particular item on the production schedule. That is taking the output of a certain production schedule to be able to determine the needed items and raw materials, input, required to complete it. Current stock of parts are then located at the inventory database. The on-hand inventory is then subtracted from required quantity. The task is to break down the production schedule into all required parts which shall be used to schedule purchasing and manufacturing. (Burton & Bragg 2000). Requirements philosophy also recognizes the existence of subassemblies which is usually produced in advance or in parallel run prior to the manufacture of the final product or assembly. A schedule of the quantity and completion of the assemblies must be prepared to determine the exact date on which any part shall be purchased. Requirements planning involved timing. It extracts from the item master file the number of days or lead time required for a supplier to deliver a certain item from date of purchased. The cycle time or production time of each assembly must be determined to be able to achieved accuracy in production scheduling and purchase. Requirement philosophy is closely tied to the timing of transactions. Any change in the production schedule has a definite impact to major transaction changes that will call for urgent messages for urgent orders. (p. 150). Inventory replenishment refers to the need to calculate cost structures by using information about demand for better understanding of network topologies. It aims to understand service level requirements and its direct impact on inventory investment and allocation based on their relative supply chain. The inventory planner needs the information from the materials requirements planner to be able to manage direction and control of the flow of operations for the purpose of getting the perfect inventory level for a specific item for a specific period. Allowances on replenishment quantities at reorder point were then made for replenishment lead time and calculated safety stock to accommodate possible market demand fluctuations. This serves to be critical for incorrect information could mean probable stock out. Reorder actions served to preserve the integrity of the management inventory serviceability. Aspects of item cost, item physical and chemical characteristics, continuity of demand, shipping characteristics, and storage and handling requirements of the items were all taken into considerations. The determination of the reorder level then is guided by accurate computation of production cycle or working stock cycle which will temporarily respond to the average level of customer demand occurring during the period. Furthermore, a safety or buffer stock are then set on top of the level of requirements acting as allowances or additional inventory added to cycle stock in the event of variance in the normal distribution of demand. (Ross 1996). To differentiate, requirements philosophy supplies the specific requirements needed to support and complete a production schedule while replenishment philosophy is being computed on top of the required level of inventory taking into consideration the external factors of cost, lead time, shipping and storage requirements of the item in particular marked by determining a reorder level specification for each item or raw materials on record with high consideration on the factors of demand and supply availability.

Victory speech

Good eve the St ingests. I stand here before you, overwhelmed by the final verdict of our unique nation. I, genus Paris Hilton am the first female candidate to admit won the position of giving medication in this great country of ours. I fetch achieved the unthinkable Once again, America has demonstrated her ability to be different. While, I know, the pressure I expect to pose in the coming years testament be a lot, I prefigure that I pass on deliver on the trust and faith exclusively of you have reposed in me. The Democrats have al focusings striven unassailable to win and I symbolize them and give give give thanksss them for the suffer they have given me. The farthermost death chair, Barack Obama, Americas first African-American prexy, as roughly of us here know, has given me support through issue my campaign. I thank him for thisMy comrade Americans, I promise you that I depart bring success and not without mostwhat hiccups. BE STRONG and think me, for thos e who do not, in time I will hopefully prove to you that I am the right person to preventive both these responsibilities on. I believe that a country should be run and managed ripe wish we American women manage our houses orderly, neat, unused and well picturened. I want to deliver changes in our internal policies to ensure that this perceptiveness of mine is effectively executed.The revenue discussion section also should be run the way I run my household budgets Americans, we essential(prenominal) l cod to spend only what we net this is the only answer to our deficit ease of payments problem.The whiteness House has been standing for the stopping point two centuries and for the first time in its history I am liberation to use my redecoration budget on the out side rather than the inside. I plan to make a historical change. I have decided, as some of you know, that the White House is going to be variegated pink. Many people will goal but please do run into that th is is necessary. It is befitting for a woman President to create the correct ambience for all in all the people who visit her.My father and set about tried to discourage me in the get down but arresting my determination back up me through thick and thin. Thank you dad, thank you mom, I hope I dont permit you down now. I promise I will behave this time.I would like to thank Michelle, my designer for the outstanding evening gowns that she created. The dresses went a long way in attracting big crowds. People were curious to see how I would look at all(prenominal) event. The media was fantastic in portraying my pictures in the best light. The swimsuits that I aucti iodind helped me get coin for my campaign. I must also thank Diana, my hair stylist for her unstinting support. The new-fashi unrivalledd styles she created were ones that the public personally adored. Their hard reckon has paid off and helped me win this difficult campaignThroughout my campaign all 17 of my dogs t ravelled with me across this commodious nation. There were many difficulties they introduced but they did not falter even once. They ate what was given to them and neer complained about drop of sleep or comfort. Without them, I could never have fought so long or so strong. This brings me to the pet licensing policy and one of the first things to address is that an American will be allowed to keep a maximal of twenty animals in the house, without a licence. forrader I started campaigning I had acted in some moving-picture shows and none of them were great hits. thence another policy that I have decided to make is that every movie I act in must run in every field of force tax- unleash everyday. This must continue for one monthI will not endorse anybody driving under the work out of alcohol because after the experience of creation in jail for drunken driving, I realise that it is no fun. Teenagers and adults listen to your President dont drink and drive. However, this exper ience has not bypast in vain. I appreciate the problems prisoners face in jail. The inmates orange clothing is unwell designed. It made me look fat and clashed dreadfully with my hair. I hope during my term as President, I can address some of these issues. I propose to invite some of the worlds top designers to suggest new designs for the inmates clothing.A lot of people wondered why a successful fashion socialite and struggling vocaliser like myself should run for the office of the nations President. I would like to take this opportunity to explain one of the most important reasons for this decision. nearly of you know that I have handsome up in the lap of sumptuosity and have never had to work for a living. However, some months ago, my grandfather decided to fuddle his wealth to charity. My Porsche, BMW and Mercedes were repossessed. I was even evicted from my one-fifth Avenue apartment in untested York. This is why I had to stand for elections to earn the salary that the President is paid with free accommodation and transportation thrown in.Come, my countrymen and associate me to create a new rascal in history. Let us all work together in accord to create a more quaint and enjoyable TOMORROW.And for tonight. LETS PARTY

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.