Living with Stigma Case Study Example | Topics and Well Written Essays - 1000 words

Living with Stigma - Case Study Example The purpose of this paper is age-related and Mrs. D evidently comes as a gritty person in spite of her age and ailment. She would not be living as an 81-year old otherwise. Nonetheless, Mrs. D is labeled as an old person, a substance abuser and as a patient. This label separates her from the others and there appears to be bias in her treatment as also the entire approach as a patient. In other words, she is living with the stigma of age. Mrs. D is a gritty old lady. She has lived life on her terms and is content to continue living on her own terms. It is not mentioned if she is in a nursing home (NH) or in residential care or assisted living (RC-AL). Nonetheless, she is living in some protective environment where visitors are allowed. She is also receiving medical care as a patient. Mrs. D has visitors. Her daughter visits her once a week. Other friends and relatives may visit periodically without any regular commitment. Due to her age, people who visit do so with some preconceived notion that they feel will be relevant to the aged. This is not just an ordinary visit. It is a visit to a place where people are left to die. It is the place where people come to spend the last days of their lives. Then there are other inmates and the staff. The inmates and staff perform according to the rules of the institution. The all-pervasive rules are noticeable in the atmosphere. Undoubtedly the place has some means of entertainment such as the television. However, the genuine love and care that is found in familial environment is missing (Becca R. Levy) The atmosphere is negative due to the label under which Mrs. D and her ilk are made to live. Stigmatization has three interrelated components. First, dominant cultural beliefs link undesirable characteristics to labeled persons. Second, labeled persons are placed in distinct categories so as to separate "them" from "us." Third, the labeled persons experience status loss and discrimination that result in unequal outcomes (Debra Dobbs et al). Therapeutic Intervention Mrs. D can continue to lead normal life. This is possible if the younger generation allow Mrs. D to live on her terms. The treatment for osteoporosis and substance abuse can continue on regular basis. The problem is not about treatment but about attitudes. The aged can endure the treatment, but it is difficult to perceive if they can endure the negative attitudes about them. Undoubtedly, the line of treatment for the aged cannot be the same as that of the younger generation. The psychology, and physiology of the aged change and they require different doses that go along with their diagnosis and symptoms. The digestive system, including the kidneys and liver, slow down with age. There is the need for support when walking. There are cases of dementia. The notion that youngsters have about the aged is not altogether wrong. The aged do need care and they also need to be tended with love and respect. However, the aged can live much of the time alone and can look after themselves with only marginal support of the younger generation (Richard T. Penson). What they need is assistance when required. They can be devastated if there is nobody to lend a hand

General Psychology and the Study of Human Behavior Essay Example for Free

General Psychology and the Study of Human Behavior Essay Psychology is the study of the human behavior especially how the mind of the human beings works. For many years, the behavior of human beings has been studied by very many scholars and they have come up with very many reasons as to why people behave in such a manner. However, as a student my main ambition is to become a drug and alcohol counselor. Therefore, this class of general psychology has helped me in building my career very much due to the course content value. Variation is one of the most obvious characteristics of human behavior. An individual’s every day life is marked by an expansive fluctuation in almost every aspect of behavior such as the intelligence he exudes, the speed with which he moves, his expression of emotions, goals he pursues, humor, energy, anxiety, shyness, among others. Even the most intelligent of human individuals have ordinary thoughts most of the time as they too are confronted with the normal activities like choosing the right mode of dressing, brushing in the morning and carrying out normal transactions. There is sufficient evidence towards the fact that one of the most striking features of a child’s behavior is its dynamic aspect of the stream of behavior recorded continuously (Barker, 1968). Any individual with no knowledge of psychology comprehend this dimension of human variation from their observation and experience. However, this is not prominent in scientific psychology. The concern of scientific psychology is another dimension of behavior variability with emphasis on individual differences. This is a major step in psychology that despite the variations that occur within every individual’s behavior, the methods for measuring and identifying individual behavior constants have been devised. Scientific psychology’s concern is with the varied number of constants measured and how they relate with each other. There is however a difficulty in achieving a stable behavior measurement. For the stability of behavior measurement to be achieved, their must be an imposition of stable measurement upon the individual, land the same conditions must be reintroduced every time the measurement is being repeated. The employment of this method offers measures of individual constancies under certain conditions but terminates individual variations under varied conditions thereby destroying the such contexts of behavior that occur naturally. This problem is not however unique to psychology. A beam’s strength can be measured under given specific conditions and under this very condition each time the measurement is being carried out. However, depending on the structural context, a beam possesses many strengths. This is also true for the meaning of words since words too have a range of meaning, the actual one being determined by the context in which it has been used. With this regard, an individual is like a beam or a word, possessing many strengths, intelligences, moralities, speeds and social maturities. However, it is clear where this intra-individual behavior variation comes from. An individual’s behavior is both internally and externally connected, though in a very complicated way. The internal parts of an individual such as the neurons, hormones or muscles and the external context such as the class, field or the game he is playing has a complex connection. The psychological individual who reads a book, plays some game and walks on some road poses as an identifiable entity between the interior parts and the exterior contexts that are unstable, being linked to both the entities, yet profoundly separated from them. This separation emerges from the fact that the internal parts and the external contexts of an individual involves an entity that functions according to laws that are not the same as those that govern his behavior (Cromwell-Davis, 2008). Such things like the actions of the brain, contraction of muscles and the concentration of hormones are not psychological phenomena. With the current state of understanding, the operation of such phenomena involve laws that are not compatible with that of psychology. The same applies to the environment with which an individual operates. The school or class where an individual is a student, the library he studies and the road he walks operates according to laws that are foreign with regard to that govern his behavior as an individual. The external context involves what has been referred to as the molar ecological environment which includes those phenomena that occurs naturally outside an individuals skin with which his molar actions are incorporated but operate according to laws that are incompatible with those laws that dictates his molar behavior (Baker, 1965). There is a difference between the psychological and ecological environment. One of the interesting aspects of human behavior is the course it takes when different variables are introduced within the environment. In the study below, behavior of individual was observed with regard to the distance between them and other human subjects. Theory Statement An individual’s mode of behavior is dictated by the distance between him and other subjects. According to Adam Kendon, every human behavior is located (Kendon 1990, p. 210). Human behavior takes place within a given space which has objects and people upon which the behavior is directed. The space and what it contains on the other hand influences the behavior of an individual. The space occupied and maintained by an individual’s behavior can in this respect be termed as the transactional space. The transactional space between two individuals influences their behavior. Experiment In the following experiment, a study was conducted to investigate the extent to which transactional space influences the behavior of individuals in college. The investigator walked through the college in different areas where different activities were being carried out. The exercise took three hours and findings were recorded. The experiment was conducted in the campus park because of the diversity of activity and human interactions that takes place in it. Methodology Since the study involved the study of behavior in face to face interaction, a major problem encountered was how to define the structural units in which the subjects were organized. In particular, it became difficult to delineate the distinct units of interaction with regard to the organization of observable behavior into their components for analysis. However, the observations were made randomly with neither of the subjects aware of the experiments. As such, the experimenter walked from one point to another, looking at the group formation and identifying individuals who did not have any company. The behavior which was recorded included eye focus, body movement and the degree of engagement in a particular action. In particular, the reaction of the subjects were observed whenever the experimenter approached an individual or a group of individuals. In all the instances, the experimenter did not engage the subjects in any form of conversation. Observations and results Behavior of individuals was varied depending on the activity and whether one was alone or in groups. Among the individuals who were alone, there seemed to be an absorption with either something that was going on around them or an absorption with an activity that they were involved with. They also seemed to react whenever an individual came within three meters of their transactional space. Of the notable behaviors, five out of six subjects looked directly at the individual who came within three meters of their transactional space. Among groups of individuals, there was a variation in behavior with regard to the number. In a group of two, the subjects engaged in conversation with momentous eye contact. Whenever one passed within a distance of three meters, they all turned and depending on the behavior or gender of the individual, some responded with either greeting the individual or looked briefly and continued with their conversation. The latter instance was rare with groups of three or more. Discussion A behavior setting is composed of one or more standing patterns of behavior. There are numerous patterns of behavior that have been recognized such as a molar unit or group activity. This is a bounded pattern in holistic human behavior. It is thus a discrete behavioral unit with coordinates which are univocal within space and time. As such, a standing pattern of behavior cannot be said to be a character of the subjects involved but rather, it is a phenomenon outside the individual with unique characteristics which remain whenever there is an alteration of the participants. One apparent thing among the subjects observed is that their behavior with regard to reacting to an individual coming within their transactional space is dependent among various factors which may not be open to the experimenter as human behavior is derived from both external and internal conditions. As such, every observable behavior exhibited by an individual has various roots even though behavior can be predicted to some extent. The first thing that the course has helped to understand in relation to drug and alcohol is the different terms that are used when counseling a person. This are the general terms that are used when counseling a patient. For example, it is not good to use terms like â€Å"you are wrong,† â€Å"you do not know† or â€Å"you are foolish.† The course has helped to learn the new terms that I will be using like, â€Å"instead of saying you are wrong,† you can say, â€Å"that is another good reason.† Additionally, it has helped us to learn the tone of language that is to be used. When counseling a patient, one should always be calm and always be positive about what the patient is feeling and thinking. It is also in this unit of general psychology that we have learnt how very different people behave in the different ways. This is where the course has taught me why different people behave as they do and why they end up drinking. Stress is one factor that makes people to end up becoming alcoholic or turning into drugs. Additionally, drug abuse and alcoholism has also been known to be hereditary from the resent research studies that have been done by the different scholars. It is through this course that we have learnt the very many reasons as to why people behave in different ways and why they take drugs or alcohol. I have learnt the different forms of therapy that are used in counseling in this course. This is where the introduction to therapy is done. One way of helping a drug or an alcohol addict to stop the addiction is through therapy. Therapy is the solving of personal problems of a person that occurs daily. In therapy, talking with a trained professional is the method that is usually used to solve the different problems. Therefore, this unit of general psychology is helping me gain that knowledge and become a professional therapist in treating the different problems that different drug and alcohol addicts have. It is also in this lesson of general psychology that I have learned the intelligence of the human thinking. In the growth graph, since the time somebody is born, the brain usually undergoes several stages intelligence. For example, when somebody is at the age of the teenage the brain starts to develop the ability to solve problems in reality. This means that the thinking capacity has grown and the person is able to think critically as compared to the person was young. Therefore, this lesson has helped me understand the different stages of intelligence in the human beings, making it easy for me when it comes to counseling the different people. Motivation is another very important factor in counseling especially in the counseling of drug abusers and alcoholics. It is in this class where the subject of motivation is introduced and taught in detail to prepare the students as they go ahead with the studies of psychology. I have learnt the different methods that are used in motivating the different drug and alcohol addicts. This is very important because when counseling people who are drug or alcohol addicts, the people need to be motivated so that they can be able to quit easily without the need of turning back. Therefore, this lesson of general psychology has taught me a greater lesson in motivation and how it should be applied in the field of practice. This class of general psychology has taught me a great number of different personalities that different people tend have. It is important to note that there is no way that two people can have the same personality. According to this chapter, it is because of how the different kinds of people have very different thoughts from one another. For this reason, the study of this lesson has been a very influential topic in my career as a counselor of drug addicts and alcoholics In addition, this class has opened up my mind on the different perceptions that I always had about drunkards. When I had started this class, I had the wrong impression/perception of how the drug addicts and alcoholics behave. I thought that this people, are people who are just lazy in life and they only abuse drugs as an excuse to their many problems. However, this class of general psychology has changed my perception about the different drug addicts and alcoholics and it has given me an open mind, which is required by counselors when it comes to helping others during therapy. Lastly, this lesson has been able to introduce some of the topics that are very useful in the study of counseling, and they are going to be learnt deeply in other classes especially at the level of specialization. Additionally, it is this unit, which has helped me realize that people are not always drug addicts or alcoholics because they want to be, but it is because of the different behaviors that they exhibit, which are affected by external factors like stress. These external factors can drive somebody crazy leading to drug abuse or alcohol abuse. Therefore, this subject has introduced me into the topic of human behavior in relation to drug abuse, alcoholism and how the following problems can be solved by the use of counseling.

Chinese Immigration Into America Essay -- essays research papers

Chinese Immigration into America Surprisingly, Asian Americans have been in America for over 150 years. They are as diverse as the immigrants from Europe, ranging from China, Japan, Korea, Cambodia, Korea, Philippines, India, Vietnam, and Laos. (Takaki, page 8) When many people think of American Immigrants, Asians are on the last of their lists. In The Uprooted, Harvard historian, Oscar Handlin, prize winning book with the subtitle "the Epic Story of the Great Migrations that Made the American People," completely left out the "uprooted" from the lands across the Pacific Ocean. (Takaki, page 10) This paper will give some information pertaining to the Chinese immigration into America. China is one of the world's oldest civilizations. It influence have reverberated throughout Asia. It's presence is felt in many of the surrounding cultures. The Chinese people have tried to keep their society pure from outside sources. When foreigners entered their homeland and poisoned the population with drugs, the culture could not stop the imminent alteration of their ways. China was weakened severely and was taken advantage of by many countries. Chinese came to America for a myriad of reasons. The main reason was because of the myth of the Gam Saan ("Golden Mountain.") Other reasons were due to overpopulation, poverty, hunger, flooding, high taxes, bad economy, collapsing government, and crop failure. (Takaki, page 38) James Marshall discovery of gold in California in 1848 prompted many Chinese to take a sojourn into America to get rich quick. A young man in Canton wrote to his brother in Boston saying, "good many Americans speak of California, Oh! Very rich country! O hear good many Americans and Europeans go there very much. I think I shall go to California next summer." Stories like these built up this dream of the "Golden Mountain." The plan for most Chinese was to make their fortune, and return home to their family. The dream of getting rich quick has been around for ages. Due to this, a trickle of immigrants turned into a deluge. The whole thing began in 1835. William Hooper, a young man from Boston, visited a sugar mill in Hawaii. He became determined to start the first sugar plantation in Hawaii. Without a large supply of laborers, Hooper hired "Chinamen" to aid in the su... ...are or "china", is revered by many Americans. Even the name of the represents Americas debt. In addition, many Chinese trinkets and artwork are prized possessions among the American society. The immigration of the Chinese into the United States has greatly supplemented the cultural heritage of the nation. (Melendy, page i) "Asians with their capacity for hard work in the face of economic and social adversity and to advance economically, have created cultural microcosms form which their children venture to become Americans." (Melendy, page i) Unlike most European immigrants, Asians tend to disprove the original Melting Pot theory of America. The Asians, "†¦ did not wish to amalgamate with the dominant society and most certainly white Americans of the nineteenth and twentieth centuries made it abundantly clear that they were opposed to Asian immigration and settlement." (Melendy, page i) The United States is a nation of immigrants. "All groups have left their mark upon the country's fabric. Their physical stamina and intellectual abilities have enabled them to make their mark and to add measurably to the American heritage." (Melendy, page 182)

Minor capacity judgement Essay

Mohori Bibee and another Vs. Dharmodas Ghose Mohori Bibee and another Vs. Dharmodas Ghose Options Dock Print PDF Court :  Kolkata Reported in :  (1903)30IndianAppeals114 Judge :  Lord Macnaghten; Lord Davey; Lord Lindley; Sir Ford North; Sir Andrew Scoble; Sir Andrew Wilson, JJ. Decided On :  Mar-04-1903 Acts :  Indian Evidence Act, 1877 – Section 115; Indian Contract Act – Sections 41, 19, 64, 65 Appellant :  Mohori Bibee and another Respondent :  Dharmodas Ghose Advocate for Respondent :  W. W. Box, Adv. Advocate for Appellant :  Watkins; Lempriere, Advs. Judgment: SIR FORD NORTH, J. On July 20, 1895, the respondent, Dhurmodas Ghose, executed a mortgage in favour of Brahmo Dutt, a money-lender carrying on business at Calcutta and elsewhere, to secure the repayment of Rs. 20,000 at 12 per cent. interest on some houses belonging to the respondent. The amount actually advanced is in dispute. At that time the respondent was an infant; and he did not attain twenty-one until the month of September following. Throughout the transaction Brahmo Dutt was absent from Calcutta, and the whole business was carried through for him by his attorney, Kedar Nath Mitter, the money being found by Dedraj, the local manager of Brahmo Dutt. While considering the proposed advance, Kedar Nath received information that the respondent was still a minor; and on July 15, 1895, the following letter was written and sent to him by Bhupendra Nath Bose, an attorney:— â€Å"Dear Sir,—I am instructed by S. M. Jogendranundinee Dasi, the mother and guardian appointed by the High Court under its letters patent of the person and property of Babu Dhurmodas Ghose, that a mortgage of the properties of the said Babu Dhurmodas Ghose is being prepared from your office. I am instructed to give you notice, which I hereby do, that the said Babu Dhurmodas Ghose is still an infant under the age of twenty-one, and any one lending money to him will do so at his own risk and peril. † Kedar Nath positively denied the receipt of any such letter; but the Court of first instance and the Appellate Court both held that he did personally receive it on July 15; and the evidence is conclusive upon the point. On the day on which the mortgage was executed, Kedar Nath got the infant to sign a long declaration, which, he had prepared for him, containing a statement that he came of age on June 17; and that Babu Dedraj and Brahmo Dutt, relying on his assurance that he had attained his majority, had agreed to advance to him Rs. 0,000. There is conflicting evidence as to the time when and circumstances under which that declaration was obtained; but it is unnecessary to go into this, as both Courts below have held that Kedar Nath did not act upon, and was not misled by, that statement, and was fully aware at the time the mortgage was executed of the minority of the respondent. It may be added here that Kedar Nath was the attorney and agent of Brahmo Dutt, and says in his evidence that he got the declaration for the greater security of his â€Å"client. † The infant had not any separate legal adviser. On September 10, 1895, the infant, by his mother and guardian as next friend, commenced this action against Brahmo Dutt, stating that he was under age when he executed the mortgage, and praying for a declaration that it was void and inoperative, and should be delivered up to be cancelled. The defendant, Brahmo Dutt, put in a defence that the plaintiff was of full age when he executed the mortgage; that neither he nor Kedar Nath had any notice that the plaintiff was then an infant; that, even if he was a minor, the declaration as to his age was fraudulently made to deceive the defendant, and disentitled the plaintiff to any relief; and that in any case the Court should not grant the plaintiff any relief without making him repay the moneys advanced. By a further statement the defendant alleged that the plaintiff had ubsequently ratified the mortgage; but this case wholly failed, and is not the subject of appeal. Jenkins J. , who presided in the Court of first instance, found the facts as above stated, and granted the relief asked. And the Appellate Court dismissed the appeal from him. Subsequently to the institution of the present appeal Brahmo Dutt died, and this appeal has been prosecuted by his executors. The first of the appellants’ reasons in support of the present appeal is that the Courts below were wrong in holding that the knowledge of Kedar Nath must be imputed to the defendant. In their Lordships’ opinion they were obviously right. The defendant was absent from Calcutta, and personally did not take any part in the transaction. It was entirely in charge of Kedar Nath, whose full authority to act as he did is not disputed. He stood in the place of the defendant for the purposes of this mortgage; and his acts and knowledge were the acts and knowledge of his principal. It was contended that Dedraj, the defendant’s gomastha, was the real representative in Calcutta of the defendant, and that he had no knowledge of the plaintiff’s minority. But there is nothing in this. He no doubt made the advance out of the defendant’s funds. But he says in his evidence that â€Å"Kedar Babu was acting on behalf of my master from the beginning in this matter†; and a little further on he adds that before the registration of the mortgage he did not communicate with his master on the subject of the minority. But he did know that there was a question raised as to the plaintiff’s age; and he says, â€Å"I left all matters regarding the minority in the hands of Kedar Babu. † The appellants’ counsel contended that the plaintiff is estopped by s. 115 of the Indian Evidence Act (I. f 1872) from setting up that he was an infant when he executed the mortgage. The section is as follows: â€Å"Estoppel. When one person has by his declaration act or omission intentionally caused or permitted another person to believe a thing to be true, and to act upon such belief, neither he nor his representative shall be allowed in any suit or proceeding b etween himself and such person or his representative to deny the truth of that thing. † The Courts below seem to have decided that this section does not apply to infants; but their Lordships do not think it necessary to deal with that question now. They consider it clear that the section does not apply to a case like the present, where the statement relied upon is made to a person who knows the real facts and is not misled by the untrue statement. There can be no estoppel where the truth of the matter is known to both parties, and their Lordships hold, in accordance with English authorities, that a false representation, made to a person who knows it to be false, is not such a fraud as to take away the privilege of infancy: Nelson v. Stocker. 0 The same principle is recognised in the explanation to s. 19 of the Indian Contract Act, in which it is said that a fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. The point most pressed, however, on behalf of the appellants was that the Courts ought not to have decreed in the respondent’s favour without ordering him to repay to th e appellants the sum of Rs. 0,500, said to have been paid to him as part of the consideration for the mortgage. And in support of this contention s. 64 of the Contract Act (IX. of 1872) was relied on:— â€Å"Sect. 64. When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained of which he is promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.    Both Courts below held that they were bound by authority to treat the contracts of infants as voidable only, and not void; but that this section only refers to contracts made by persons competent to contract, and therefore not to infants. The general current of decision in India certainly is that ever since the passing of the Indian Contract Act (IX, of 1872) the contracts of infants are void able only. This conclusion, however, has not been arrived at without vigorous protests by various judges from time to time; nor indeed without decisions to the contrary effect. Under these circumstances, their Lordships consider themselves at liberty to act on their own view of the law as declared by the Contract Act, and they have thought it right to have the case reargued before them upon this point. They do not consider it necessary to examine in detail the numerous decisions above referred to, as in their opinion the whole question turns upon what is the true construction of the Contract Act itself. It is necessary, therefore, to consider carefully the terms of that Act; but before doing so it may be convenient to refer to the Transfer of Property Act (IV of 1882), s. of which provides that every person competent to contract and entitled to transferable property. . . . is competent to transfer such property. . . . in the circumstances, to the extent, and in the manner allowed and prescribed by any law for the time bring in force. That is the Act under which the present mortgage was made, and it is merely dealing with persons competent to contract; and s . 4 of that Act provides that the chapters and sections of that Act which relate to contracts are to be taken as part of the Indian Contract Act, 1872. The present case, therefore, falls within the provisions of the latter Act. Then, to turn to the Contract Act, s. 2 provides: (e) Every promise and every set of promises, forming the consideration for each other, is an agreement. (g) An agreement not enforceable by law is said to be void. (h) An agreement enforceable by law is a contract. (i) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. Sect. 0 provides: â€Å"All agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. † Then s. 11 is most important, as defining who are meant by â€Å"persons competent to contract†; it is as follows; â€Å"Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is o f sound mind, and is not disqualified from contracting by any law to which he is subject. † Looking at these sections, their Lordships are atisfied that the Act makes it essential that all contracting parties should be â€Å"competent to contract,† and expressly provides that a person who by reason of infancy is incompetent to contract cannot make a contract within the meaning of the Act. This is clearly borne out by later sections in the Act. Sect. 68 provides that, â€Å"If a person incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. It is beyond question that an infant falls within the class of persons here referred to as incapable of entering into a contract; and it is clear from the Act that he is not to be liable even for necessaries, a nd that no demand in respect thereof is enforceable against him by law, though a statutory claim is created against his property. Under ss. 183 and 184 no person under the age of majority can employ or be an agent. Again, under ss. 47 and 248, although a person under majority may be admitted to the benefits of a partnership, he cannot be made personally liable for any of its obligations; although he may on attaining majority accept those obligations if he thinks fit to do so. The question whether a contract is void or voidable presupposes the existence of a contract within the meaning of the Act, and cannot arise in the case of an infant. Their Lordships are, therefore, of opinion that in the present case there is not any such voidable contract as is dealt with in s. 64. A new point was raised here by the appellants’ counsel, founded on s. 5 of the Contract Act, a section not referred to in the Courts below, or in the cases of the appellants or respondent. It is sufficient to say that this section, like s. 64. starts from the basis of there being an agreement or contract between competent parties, and has no application to a case in which there never was, and never could have been, any contract. It was further argued that the preamble of the Act shewed that the Act was only intended to define and amend certain parts of the law relating to contracts, and that contracts by infants were left outside the Act. If this were so, it does not appear how it would help the appellants. But in their Lordships’ opinion the Act, so far as it goes, is exhaustive and imperative, and does provide in clear language that an infant is not a person competent to bind himself by a contract of this description. Another enactment relied upon as a reason why the mortgage money should be returned is s. 41 of the Specific Relief Act (I. of 1877), which is as follows: â€Å"Sect. 41. On adjudging the cancellation of an instrument the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require. Sect. 38 provides in similar terms for a case of rescission of a contract. These sections, no doubt, do give a discretion to the Court; but the Court of first instance, and subsequently the Appellate Court, in the exercise of such discretion, came to the conclusion that under the circumstances of this case justice did not require them to order the return by the respondent of money advanced to him with full knowledge of his infancy, and their Lordships see no reason for interfering with the discretion so exercised. It was also contended that one who seeks equity must do equity. But this is the last point over again, and does not require further notice except by referring to a recent decision of the Court of Appeal in Thurstan v. Nottingham Permanent Benefit Building Society21, since affirmed by the House of Lords. 22 In that case a female infant obtained from the society of which she was a member part of the purchase-money of some property she purchased; and the society also agreed to make her advances to complete certain buildings thereon. They made the advances, and took from her a mortgage for the amount. On attaining twenty-one she brought the action to have the mortgage declared void under the Infants Relief Act. The Court held that, as regards the purchase-money paid to the vendor, the society was entitled to stand in his place and had a lien upon the property, but that the mortgage must be declared void, and that the society was not entitled to any repayment of the advances. Dealing with this part of their claim Romer L. J, says23: â€Å"The short answer is that a Court of Equity cannot say that it is equitable to compel a person to pay any moneys in respect of a transaction which as against that person the Legislature has declared to be void. So here. Their Lordships observe that the construction which they have put upon the Contract Act seems to be in accordance with the old Hindu Law as declared in the laws of Menu, ch. viii. 163; and Colebrooke’s Dig. liii. 2, vol. ii. p. 181; although there are no doubt, decisions of some weight that before the Indian Contract Act an infant’s contract was voidable only in accordance with English law as it then stood. The appeal, therefore, wholly fails; and their Lordships will humbly advise His Majesty that it should be dismissed. The appellants must pay the costs of the appeal.

Music Study Guide Essay

Music is an art based on the organization of sounds in time. Also the universal language of man or something who knows Pitch is the relative highness or lowness that we hear in a sound Tone is a sound that has a definite pitch Interval is the distance in a pitch between any two tones Tones are separated by an interval called the octave Tones have a specific frequency in music Pitch range is the distance between the lowest and highest tones that a voice or instrument can produce Range of an untrained voice is between 1 and 2 octaves Dynamics are degrees of loudness or softness in music Loudness is related to the amplitude of the vibration that produces the sound Accent is an emphasis of a note Instrument may be defined as any mechanism that produces musical sound Register is the part of the tonal range of an instrument or voice Pizzicato- plucked string Double stop- two notes at once Vibrato- rocking the left hand while pressing down with the other. Throbbing expressive tone that causes small pitch fluctuations that make the tone warmer Mute- a clamp that veils or muffles that tone Tremolo- rapidly repeats tones by quick up-and-down strokes of the bow Harmonics- Very high pitched tones are produced when the musician lightly touches certain points on a string Woodwinds have little holes along their length that are opened and closed by the fingers or pads controlled by a key mechanism Flutes and piccolos are played by blowing across the edge of a mouth hole Recorders are played by blowing through a whistle mouthpiece Single-reed woodwinds are played by fastening a reed over a hole in the mouthpiece that vibrates when the player blows over it (ex- clarinet, bass clarinet, saxophone) Double-reed woodwinds use two narrow pieces of cane that are held between the musician’s lips (ex- English horn, contrabassoon, bassoon) Bass instruments are played by the musician blowing into a cup- or funnel-shaped mouthpiece (vibrations of bass instruments come from their lips) Pitch of brass instrument is regulated by varying lip tension and by using slides and valves Mutes alter the tone color of bass instruments When a pianist’s finger strikes a key, a felt-covered hammer swings up against a string (greater the force on the key, more powerful the hammer’s blow, louder the tone produced) Damper comes down on the string to stop the vibrations when the pianist lets go of the key Damper pedal is the most important pedal, allows a pianist to sustain tones Una corda pedal, on the left, veils the sound Sostenuto pedal, in the middle, allows the pianist to sustain some tones without sustaining others Harpsichord has strings that are plucked. Controlled by one or two keyboards. Pipe organ has many sets of pipes controlled by several keyboards, including a pedal keyboard played the organist’s feet Tape studio was the main tool of composers of electronic music during the 1950s Synthesizers are systems of electronic components that generate, modify, and control sound Analog Synthesis is based on representing data in terms of measurable physical quantities Digital frequency modulation synthesis is based on representing physical quantities as numbers Sampling involves placing brief digital recordings of live sounds under the control of a synthesizer keyboard Instrument Digital interface (MIDI) is a standard adopted by manufacturers for interfacing synthesizer equipment Consonance is a tone combination that is stable. They are points of arrival, rest, and resolution. Dissonance is a tone combination that is unstable. Its tension demands an onward motion to a stable chord Dissonance has its resolution when it moves to a consonance The Middle Ages The Middle Ages spanned from 450-1450 Most important musicians were priests Church officials required monks to sing with proper pronunciation, concentration, and tone quality Church frowned upon instruments because of their earlier role in pagan rites Gregorian chant is a melody set to sacred Latin texts and sung w/o accompaniment Gregorian chant is monophonic in texture, its rhythm is flexible, w/o met.er, and has little sense of beat. The melodies tended to move by step within a narrow range of pitches. Used church modes as a scale. The Renaissance The Renaissance spanned from 1450-1600 The Renaissance mass is a polyphonic choral composition made up of the Kyrie, Gloria, Sanctus, and Agnus Dei Baroque Baroque era spanned from 1600-1750 Baroque era used violins a lot. Organ and harpsichord where the main keyboard instruments Baroque suite is a set of dance-inspired movements. It is made up of movements that are all written in the same key but differ in tempo, meter, and character. Usually in A A B B French overture is a common Baroque suite opening. Short Answer Middle Ages (450-1450) Renaissance (1450-1600) Baroque (1600-1750) Classical (1750-1820) Romantic (1820-1900) Contemporary (1900-now) 3 Composers per period: Middle Ages- Hildegard of Bingen, Perotin, Francesco Landini Renaissance- Josquin Desprez, Thomas Morley, Giovanni Gabrieli Baroque- Johann Sebastian Bach, George Fredric Handel, Henry Purcell Italian dynamic markings: Pianissimoppvery soft Piano psoft Mezzo Pianompmoderately soft Mezzo fortemfmoderately loud Fortefloud Fortissimoffvery loud Orchestras contain string, woodwind, brass, and percussion instruments. Symphonic bands contain brass, woodwind, and percussion instruments. Duple Meter- measure has two beats Triple Meter- measure has 3 beats Quadruple Meter- measure has 4 beats Gregorian chant is monophonic in texture, its rhythm is flexible, w/o met.er, and has little sense of beat. The melodies tended to move by step within a narrow range of pitches. Used church modes as a scale. Polychoral Motet- motet for two or more choirs, often including groups of instruments Brandenburg Concerto No.5 in D Major (1721), by Johann Sebastian Bach. Ritornello form, duple meter. Used a string orchestra and a group of soloists consisting of a flute, violin, and a harpsichord. Essays Compare and contrast two periods of music that we’ve learned Middle Ages and Renaissance Compare: Musicians worked in churches. The church remained an important patron of music. Vocal music was more important the instrumental music. Both had sacred music(Gregorian chant, Renaissance mass). Both used church modes as their basic scale of music. The cantus firmus (Melody used as the basis of a polyphonic choral) was used in both periods. Contrast: Musical activity gradually shifted to the courts in the Ren. Musicians had higher statuses in the Ren. Ren music sounds fuller than MA music. Bass register was used for the first time in the Ren, expanding the pitch range to more than 4 octaves. Invention of the printing press widened the circulation of music, and the number of composers and performers increased in the Ren. Ren music was more about men rather than God. Instruments were used more often in the Ren. Composers were no longer content to remain unknown; in the Ren they wanted fame and recognition for their works. Bach’s contributions to the Baroque period Bach was the mack daddy of Baroque music. His works show an astounding mastery of harmony and counterpoint, and they are used as models by music students today. With his set of six Brandenburg Concerto’s, Bach brought immortality to a German aristocrat, the margrave of Brandenburg. In Concerto No.5, Bach uses a string orchestra and a group of soloists consisting of a flute, violin, and harpsichord. This was the first time a harpsichord was given a solo in a concerto grosso. The harpsichord’s solo at the end of the first movement is spectacular. His audience marveled at this brilliant harpsichord solo within a concerto grosso, and audiences today are still blown away by it. Bach wrote fugues that were the peak among works in the form. In his collections of preludes and fugues, The Well-Tempered Clavier, Back explored with unprecedented thoroughness systems of tuning instruments that enabled a composer to write in all 24 keys, even keys with many sharps and flats. Bach also composed what is probably the most monumental setting of the Roman Catholic mass (Mass in B Minor). It was too long to be performed in a mass, so Bach was just probably being a show-off. Bach wrote about 295 church cantatas. Cantata No. 140 is his most famous.

Boiled Frog Phenomenon

Boiled Frog Phenomenon Strategic management is very important for success in the increasingly changing global economy. Easily said than done, many organizations fail to plan appropriately leading to failure of major corporations (Dess Lumpkin, 2009, p. 23).Advertising We will write a custom essay sample on Boiled Frog Phenomenon specifically for you for only $16.05 $11/page Learn More Apart from failure in planning, some business failures have resulted from slow decisions and inactions. â€Å"Boiling frog phenomenon† is one of the explanations that can be offered to many business failure cases in the last two decades. A widespread phrase, â€Å"boiling frog phenomenon† is an important consideration in strategic management. The allegory of â€Å"boiled frog† has a widespread usage in history. If a frog is immersed in a pot containing hot water, it would definitely jump out and save its life. However, a frog submerged in a pot containing cold water and temperat ure raised gradually may fail to notice the rising temperatures ending up being boiled alive. Though there is no barrier preventing the frog from jumping out of the pot, it fails to take the necessary action since change in temperature seems to be very minimal (Polynice, 2008, par 2). Culturally the story is used to warn people who fail to notice or take action to gradual change in their lives. Unable to notice the gradual changes, such people may find themselves in great trouble later on. The â€Å"boiled frog phenomenon† is relevant in many areas of life. In business, the phenomenon is used to warn of the need to notice and take actions to gradual changes. Like the â€Å"boiled frog†, an organization that fails to respond to gradual changes in its area may find itself in great trouble. An organization must be able to notice gradual changes in its market, human resources, technological or legal environment to be successful (Burke, Trahant Koonce, 1999, p. 17). In str ategic management the phenomenon is also used to refer to a strategy for implementing changes in an organization. Implementing changes gradually helps minimize resistance to change. A fair example of â€Å"boiled frog phenomenon† in United States is the failure of Enron. Formed in 1985, Enron developed to be a major player in energy industry in North America. Enron management, led by Kenneth Lay, was obsessed with success. They wanted the organization appear to be doing well despite of various failed projects.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The main concern for the management was maintaining a positive image to stakeholders and the public, and ensuring positive trend of the company’s share prices in the stock market. Instead of addressing the causes of declining performance, the management opted for manipulating books of account in order to portray t he organization to be profitable. After years of unethical accounting practice, the gap in the books of account was too large to conceal (Mclean Elkind, 2004, p. 132). Between 1990 and 2000, the organization registered consistent increase in its share prices. Enron management did not notice the water they were in boiling. By December 2000, Enron’s share price in the stock market was about $83 per share. The share prices however fell as low as $0.63 per share after the scandal was revealed later in 2001. â€Å"Boiling frog phenomenon† is relevant in business as in other areas. To be successful an organization has to strategically deal with gradual changes affecting it. It is prudent not only to notice the changes but also take the necessary action. Collapse of Enron illustrates the risk of â€Å"boiling frog syndrome†. To the organization’s management, manipulating books of account was a prudent thing to do at the beginning but this got out of control. Re ference List Burke, W., Trahant, W. Koonce, R. (1999). Business climate shifts: profiles of change makers. New York: Butterworth-Hernemann. Dess, G., Lumpkin, G. (2009). Strategic Management: Creating Competitive Advantage.New York: MaGraw-Hill.Advertising We will write a custom essay sample on Boiled Frog Phenomenon specifically for you for only $16.05 $11/page Learn More Mclean, B. Elkind, P. (2004). The Smartest Guys in the Room: the amazing rise and scandalous fall of Enron. New York: Penguin. Polynice, D. (2008). The â€Å"Boiled Frog Phenomenon. Retrieved from https://ezinearticles.com/?The-Boiled-Frog-Phenomenonid=932310

The Role Of Women In Tartuffe English Literature Essay Essays

The Role Of Women In Tartuffe English Literature Essay Essays The Role Of Women In Tartuffe English Literature Essay Paper The Role Of Women In Tartuffe English Literature Essay Paper Essay Topic: 12 Angry Men Tartuffe written in 1664 by Jean-Baptise Poquelin Moliere both challenges and supports traditional gender stereotypes for adult females. During this clip period adult females were looked at much otherwise than they are today. Womans were supposed to be subservient to the work forces in their lives. The adult females I chose to speak about are Dorine and Mariane. These two adult females displayed opposite features doing the traditional function of adult females conflicting throughout the narrative. Dorine is the first adult females I will speak about in this paper. She had many features throughout this drama that I found to be really amusing but at the same clip baronial. I believe that Dorine s character challenges the tradition functions for adult females. Dorine is considered to be Mariane s retainer or lady in waiting. Dorine s character in this drama is really honorable and blunt. She did non keep back what she was believing. She had no job stating Mariane, Orgon and Tartuffe how she felt. This was really unusual behaviour for adult females in this clip, particularly for a lady in waiting. The first brush I am traveling to speak about is that between Dorine and Orgon. Orgon is seeking to hold a private conversation with his girl and Dorine walks in an interrupts. In Act II, Scene II we see Dorine talk her head about Mariane get marrieding Tartuffe. Get downing about line 13 we see a Dorine interrupt Mariane and speak on her behalf: ORGON. Daughter, I mean it ; you re to be his married woman. DORINE. No, do nt believe your male parent ; it s all a fraud ( 2.2. 12-14 ) Back in these times no adult females would talk back to a adult male like that, allow entirely person they worked for. This demonstrates her bold character. Dorine and Orgon s controversy goes back and Forth for the remainder of the scene. Around line 86 we Dorine keeps disrupting Orgon and he is acquiring really angry: ORGON. Do nt disrupt me farther. Why ca nt you larn That certain things are none of your concern? DORINE. It s for your ain interest that I interfere ( 2.2.86-88 ) For every remark, statement or inquiry that Orgon threw out during this scene Dorine has a witty response really rapidly. The following brush is between Dorine and Mariane. Even though this is non a male/female brush it still shows Dorine s bluntness. Dorine is supposed to be Mariane s amah, but yet she is really honorable with her. In the following scene we see Dorine outraged at the fact that Mariane did non lodge up for herself: DORINE. Well, have you lost your lingua, miss? Must I play Your portion, and say the lines you ought to state? Faced with a destiny so horrid and absurd, Can you non express one dissenting word? MARIANE. What good would it make? A male parent s power is great. ( 2.3.1-5 ) These two lines truly show the contrast between the two misss. Mariane is clearly showing the subservient miss that does what she is told. Knowing that you are non allowed to oppugn what is being said. Then you have Dorine that disagrees wholly. She wants Marianne to be more unfastened and to lodge up for herself. Very opposing female functions played between these two characters. The last brush I am traveling to speak about is between Dorine and Tartuffe in Act V, Scene VII. This is the mildest effusions we see from Dorine, but yet she is still there seting her two cents in. We see Dorine say: How he exploits the name of Heaven! It s shameless. ( 5.7.5 ) She has no fright to talk what is on her head. Again we see her bell in and state: All that we most revere, he uses to dissemble his secret plans and camouflage his artifices. ( 5.7.25 ) It seems that whenever there is an statement traveling on Dorine is as if by magic there seting in her remarks. She depicts the complete antonym of how adult females in the clip were expected to move. I think it added a great trade of comedy to the drama. Mariane is the other adult female I will speak about in this paper. She is the female character that represents the traditional gender stereotypes during this clip period. Mariane is Orgon s girl and is really willing to make whatever her male parent asks of her. The readers get the image and feeling that Mariane is a quiet character throughout his play.A We see her described by Madame Pernelle in Act I, Scene I when she says: And you, his sister, seem so pure, So shy, so guiltless, and so coy ( 1.1.22-23 ) . Throughout the remainder of the drama many actions prove that she is diffident and innocent.A A A A A The first of those actions is Mariane is non able to lodge up for herself as the other characters do. For illustration in Act II, Scene II Orgon is forcing Mariane to accept the matrimony to Tartuffe.A Even though Mariane is in love with Valere and wants to get married him she does non lodge up for herself and protest. Alternatively, it is her maid Dorine that is seeking to convert Orgon to alter his mind.A It becomes clear in the undermentioned scenes that she does non desire to travel against her father.A Traveling on to Act II, Scene III we see Mariane talk about non desiring to travel against her male parent, A male parent s power is great ( 2.3.5 ) . A adult female s function during this clip was to be subservient to their male parents and so to their hubbies. Mariane is really afraid to travel against her male parent because she has ever obeyed him. We see Dorine attempt to convert Mariane to lodge up for herself in Act II, Scene III: DORINE. Tell him one can non love at a male parent s caprice ; That you shall get married for yourself, non him ; That since it s you who are to be the bride, It s you, non he, who must be satisfiedaˆÂ ¦ MARIANE. I ve bowed so long to Father s rigorous control, I could nt oppose him now, to salvage my psyche ( 2.3.7-14 ) Mariane did non desire to travel against her male parent. She wanted to hear the advice of Dorine but yet did non desire to follow it. Mariane seems to move really dramatic and helpless. Mariane demonstrates the quality of being really fleeceable. In Act II, Scene IV Mariane is speaking with Valere. She asks him for his advice and he explains that he thinks it s a good thought for her to get married Tartuffe, and she believes him. As you can see there are two really opposite adult females represented throughout this drama. Dorine is outspoken and vey direct, whereas Mariane is quiet and obedient. Mariane fits the traditional function of a adult female during this clip. She was faithful to her male parent and would make what he asked of her, this is what was expected of adult females. Dorine on the other manus challenged the traditional function of adult females during this clip. She was a amah and spoke what was on her head. It did non affair who it was, she was ever honest. This created a humourous tone to the drama, but for this clip she was really out of line.