Good Command for English

Now, the world is becoming smaller than before just because of advancement of technology and knowledge. Every person has different ideas, knowledge and strength and wants to share them with other person. There is no accepted and established common language for all other than English. This is medium language between to languages and cultures. In the course of our business or work, any where in the world, there is always possibility to come across with the people of different languages and cultures and we can simplify this situation with the help of English.We can do nothing, without having a good command of English, if we intend to do something good we like, coming out from our home. A good command of English is very necessary for the progression of my carrier in that by and large it is the most spoken language in the globe. I have a vision to connect to as many people as possible and to share issues with people of different levels and capacities. Should i use Kiswahilli or my Ateso l anguage that some people may have not even hard of?I know quite good English but still admire those best English communicators. Friends i tell you what, i have already registered for the Advanced Business English Diploma and will soon be getting my desire fulfilled. It is extremely important to have a good command of English in almost all spheres of one's working life and otherwise but in your career it gives you more confident in delivering both verbal and written correspondence.

Green Branding Effects on Attitude

Introduction There have been a lot of literature reviews over the years on consumers’ behaviors towards green products as well as green marketing resulting from consumers’ concern on environmental protection. Using Hallin (1995) and McCarty and Shrum (2001), Lorache, Bergeron, and Barbaro-Forleo (2001) and Yam-Tang and Chan (1998), the study was conducted to test among New Zealand consumers’ behavior towards purchasing green products. This study was done on New Zealand’s consumer as the country has always been perceived as a â€Å"clean and green† country and its consumers were assumed with high environmental conscious.Review of the Literature The authors begin with a brief review of literature that supports the ideas that consumers’ indication of positive attitude towards environmental issues do not necessarily lead to actual environmental friendly purchasing behavior (Laroche et al. , 2002). This research provided theoretical and managerial implication. Theoretical implication is to add support to previous research which showed that consumers are concerned about the environment, but not necessarily prepared to seek out or buy green products (Foster, 1989: Wasik 1992).In terms of managerial implication, it provides indication to marketers on targeted consumers that purchase green products. This research also identified factors that discriminate between those who purchase green products and those who don’t. The authors point out the gaps in existing literature. They mentioned that most studies have focused on general environmental behavior. Therefore, the authors suggest studies on more specific consumers’ purchasing behavior are done. The authors conclude that their study provides some important contribution to the green marketing theory for future research agenda.Method of the Study The authors state they used qualitative choice models in analyzing participation in a variety of activities. Data collectio n from mail surveys that were sent to households in New Zealand are described in considerable detail. The authors state that â€Å"reliability test† of each construct was conducted to ensure reliability and validity of data obtained. The gathered information was retained for data analysis. Findings The analysis in this study was tested for green purchasing behavior only.Environmentally conscious behavior also relates to different types of behavior like recycling and energy saving. However, testing and literature on these behaviors was not mentioned in this study. In future, research on New Zealand consumers should also incorporate cultural and psychological factors. In Table 1, pp 97-98, number of tested respondents are 521 i. e. 296 male and 225 female. However, errors were spotted in this table where a total respondent is not consistent for other categories in the same analysis.For example for Age Group and Number of Dependant Children categories, numbers of respondents sud denly become 522. For other categories, total number of respondents reduced: Marital Status (520), Education Background (517), Household Income (498) and Ethnic Group (521). However, the statistical method used in this study is appropriate to determine factors that influence consumers’ purchasing behavior. Conclusion The authors relate their research findings with the overall purpose of the study i. e. to reveal that consumers behavior towards purchasing green products.From the study we learned that even if consumers are profess strong support towards environmental like New Zealanders, they are not necessary purchase green products. From other literatures, we found that similar results would also affecting consumers in other countries. This is because most consumers are more price sensitive, quality sensitive and brand sensitive/loyalty. Other factors affecting consumers’ behavior are socio-economic characteristic, convenience in locating products and transparent infor mation on green products label.In summary, further studies must be done and better procedures must be developed. Larger samples should be used to improve our understanding concerning the factors affecting consumers behavior. Suggestion for future research, analysis on respondents from other developed countries should also be undertaken for comparison purposes and it would further conclude the factors affecting consumers’ behavior globally. Information from the findings would assist marketers to strategies on green marketing.

Promote Equality and Inclusion in Children’s and Young People’s Settings Essay

The importance of diversity in an early years setting is that children need to have their own sense of identity and have a sense of pride in themselves and their cultures. Equality This means to treat everyone fairly and equally. Children should be treated as individuals, equally and fairly. Sometimes treating children equally, you have to treat them differently. All children should be valued for their individuality and offered any support they may need. Everyone should be treated with the care, consideration and respect that they have a right to and given the same opportunities to learn and achieve as others. Inclusion This mean to include everyone and meet the individual’s needs. It is a human right for every individual. Everyone counts and differences should be valued, respected and celebrated. Inclusion involves identifying barriers that prevent people from taking part, being involved and fitting in. Knowledge is needed to understand these barriers which can only then be broken down. It is everyone’s responsibility to remove these barriers. It involves making sure that all support systems are available in order for everyone to participate fully. The importance of having equality and inclusion in a setting is so the child does not have poor self-esteem or lack of respect or confidence. The child should not feel as though they are being stereo-typed which could make the child aggressive towards others and prevent the child from interacting. The child should believe in themselves and behave in accordance with others expectations. Equality Act 2010 is the law which bans unfair treatment and helps achieve equal opportunities in the workplace and in wider society. Participation Every child matters, whether they have a different culture, race, gender or if they have a disability, all children have equality of learning and to participate to allow them to grow and meet their full potential. Discrimination Discrimination is a preconceived attitude towards members of a particular group formed only upon the basis of their membership of that group that leads to less favourable or bad treatment of that person. Discrimination could be direct or indirect. Direct discrimination is when a person is treated differently to other people when they are in the same circumstances and indirect is when discrimination is done un-intently. Potential effects may include: Causing upset Affecting an individual’s self-esteem Causing stress Individuals feeling isolated Affecting individuals’ hopes and expectations Creating tensions Leading to stereotyping Leading to labelling Producing prejudices The types of discrimination are:- Racial discrimination This is a belief that some races are superior then others based on the false idea that skin colour may make people better than others. Institutional racism This describes any kind of system of inequality based on race. It can occur in institutions such as public government bodies, private business corporations and universities. Disability discrimination Disability discrimination is about being denied equality of opportunity with their non-disabled peers because of their disabilities or impairments. Sex Discrimination People of one gender reinforce the stereotype that they are superior to the other gender. Discrimination is generally based on either prejudice or stereotypes. Prejudice means to prejudice people based on assumptions and stereotype refers to forming an instant or fixed picture of a group of people, usually based on false or incomplete information. By being discriminated can cause a lifelong effect on a child. They could feel shy and lack in confidence which can then stop them from fulfilling the full potential.

Pol 300 class discussions Assignment Example | Topics and Well Written Essays - 250 words - 1

Pol 300 class discussions - Assignment Example The next time speculations are such that the games could be held in South Africa and most of the countries that lost will rise up to be future winners. The United States will receive much publicity based on the wide coverage of the players and, marketing of their products to be used in the games. As a result, the per capita will rise. The course has broadened my outlook on international events. The subject introduces various issues that are addressed in world concept and promotes the idea of integration at the international concept. The course raises the perspective of unity, peace, problems, and events where different states come together for a common goal. Events at the international level lead to establishment of networks that promote development and growth (Thomas, 1988). The events also help in the identification of flaws in various states that require attention and amendments as well challenges in the nations that need to be solved. At the same time, international events help in solution of problems since ideas are provided and information is shared. Innovation is also enhanced and new ways of doing things are learnt during these events (Thomas,

Organized Crime Essay Example | Topics and Well Written Essays - 500 words - 3

Organized Crime - Essay Example orite areas of organized crime syndicates involve illegal drugs, gun running, and modern human slavery or in human trafficking for prostitution, drug mules, and donor organs. The current event news story discussed in this brief paper appeared in the Wall Street Journal written by Sean Gardiner dated last February 11, 2014 entitled â€Å"Arrests in New York and Italy on Gun, Drug Trafficking.† Criminal organizations find it favorable for their own highly-secretive operations to combine the sale and transport of illegal drugs with running for guns because these two contraband items are closely related; shipping illegal drugs across the international borders required a good arsenal to fight off police authorities after them. In the aforementioned news article, law enforcement authorities finally acted after two years to arrest about two dozen people involved in an international drug-dealing conspiracy. Seven men were arrested in Brooklyn, New York City by agents of the Federal Bureau of Investigation (FBI) and another seventeen men were also arrested in Calabria, Italy by Italian National Police agents (Gardiner para. 3). The arrested men are reputedly members of a new crime syndicate, the Italian-American Mafia, patterned after the earlier Sicilian Mafia. Evaluation – criminals engage in illegal activities because of the high profits provided by such type of activities. In the said news article, the arrested men tried to engage in traffic of narcotics combined with money laundering, kidnapping, and extortion. This is an alarming development because organized crime syndicates always try to establish new criminal links to their own group to further their objectives and achieve them much more easily as compared to going it alone. This type of criminal connections present a more difficult task for authorities to monitor because it crosses national boundaries and involve issues of sovereignty. However, a good working relationship with counterparts in other countries

Wotif.com Case Study Example | Topics and Well Written Essays - 1000 words

Wotif.com - Case Study Example Having established a good name and profitable business operation in Australia, Wotif.com's logical choice for expansion is its neighboring country New Zealand. The proximity of the nations is considered very strategic because the target markets are the almost alike or the same. And since buyers are almost always looking at the proximity of these countries, they somehow consider buying from one or the other. Another is that since Wotif.com is very near New Zealand, customers who are aware of its services in Australia, most could also be aware of them in their neighboring country. Venturing in farther and highly unknown markets like North America, Western Europe or China did not become an option as these markets are already controlled by other huge players. The great distance and different consumer culture will also post additional challenges. In the merchant model, the companies buy the properties like hotels and others at a wholesale price, charge a sensible markup and sell them to customers. However, in the commission based model like the one employed by Wotif.com, its responsibility is solely on the provision of a venue where buyers and sellers can transact. The prices are set by the merchants and it gets a certain percentage of the price that the properties are sold. Noting that properties are not liquid and often requires high payment prices, a company operating on commission based model is more likely to succeed as it entails less risk and is assured of commission when the merchant sells. 4. Using appropriate diagrams illustrate the supply chain for online companies such as Wotif.com, eBay, Dell Computers and Amazon.com. Identify the similarities and the differences between the business models. (8 marks) Wotif.com is the same as eBay since they create value by providing venue for buyers and sellers to transact. They both profit from having a fee to post merchandises and commission to some items. Dell is a manufacturer which distributes its products directly to customers and is employing a significantly different business model from Wotif and eBay since its sets its price. For Amazon, it functions as an online store carrying merchandises from other manufacturers. Version 2. 1. How has Wotif.com maintained its competitive advantage in the marketplace (4 Marks) Wotif.com maintained its competitive advantage in the marketplace by continuing its quest of becoming the lowest cost provider of venue for merchants and buyers of properties. Another is by safeguarding its position as the most profitable and respected business organization in the online accommodation market through strategic pricing strategy and efficient business model. 2. Why would Wotif.com choose New Zealand as their first international market when there are potentially more lucrative markets in North America, Western Europe or China (4 Marks) Wotif.com's decision of conquering its neighbor New Zealand instead of huge yet unknown markets like North America, We

Business accounting Essay Example | Topics and Well Written Essays - 1500 words - 3

Business accounting - Essay Example The IASB’s present definition of reliability is: â€Å"Information has the quality of reliability when it is free from material error and bias and can be depended on by users to represent faithfully that which it either purports to represent or could reasonably be expected to represent† (IASB Framework, 1989, Para. 31). The IASB Framework is meant to help not only standard setters but at the same time it assists the preparers of financial statements to apply international financial accounting standards when they deal with topics on which measures have not yet been formulated, auditors to form their views with regard to the financial statements, and users to interpret information which the financial statements contains. All the above mentioned purposes of a financial statement will be better served only if the concepts are sound, all-inclusive, and internally coherent. The qualitative characteristics are the properties that make the information furnished in financial statements helpful to users. The four key qualitative characteristics are understandability, relevance, reliability and comparability. Of the mentioned qualitative characteristics, Relevance and faithful representation are basic qualitative characteristics and Comparability, verifiability, timeliness, and understandability are ornamental qualitative characteristics (Framework 24). A crucial feature of the information furnished in financial statements is that it has to be promptly apprehensible by users. For this reason it is assumed that users have a rational knowledge of business and economic actions and accounting and a temperament to analyse the information with sensible thoroughness. But certain information with regard to complex matters, just because they are difficult to understand by users cannot be excluded. Such information is important from the view of its significance to the

Pros and Cons of Introduction of Information Technology Essay

Pros and Cons of Introduction of Information Technology - Essay Example Since economy, education, society, psychology, religion, education and science and technology are reciprocally interconnected, the change in one directly influence the change in other. In the current paper, the evolution of information technology and the affect of introduction of Information technology on various spheres of human life have been studied. The impact of information technology on some of the common features such as productivity, health and democracy has been studied. The advantages and disadvantages of introduction of information technology in these areas have also been discussed. Evolution of Information Technology: The invention of mechanical computer by Charles Babbage, an English mathematician in 1822 opened the door for modern computing. During 1840’s the electrochemical age made a steep progress and thus the conversion of information to electric impulse harnessed the computing and later Herman Hollerith made an electromechanical computer in the year 1880. Howard Aiken, a research scholar at Harvard University made first modern computer in 1942 that was 8 feet tall and 51 feet long and it is known as first generation computer (Kumar, 2003). In the year 1948, first high speed general computer called as ENIAC (Numerical integrator and computer) was developed by the researchers at United States. It was having many vacuum tubes and it was having large size. Transistors were developed in the year 1943 and these were later introduced in the computers during 1960s.

Murderers Research Paper Example | Topics and Well Written Essays - 500 words

Murderers - Research Paper Example Again, the main motivation for serial killing is the attainment of psychological gratification. Ted Bundy has been chosen as the epitome of a serial murderer. Known by his full name Theodore Robert Bundy (November 24th, 1946- January 24th, 1989), Ted Bundy was an American serial murderer, kidnapper, rapist and necrophile. By the 1970s, he had murdered and assaulted several girls and young women. Although Bundy denied his criminal exploits for decades, yet he later confessed before his execution, of having committed 30 homicides between 1974 and 1978, and in seven states. However, the actual number of Bundy’s victims remains unknown, and is deemed to be higher. It is observed that Bundy used his charisma and good looks to lure his victims into his deadly traps (Holmes and Holmes, 2009). Ted Bundy was born on November 24th, 1946 to Eleanor Louise and an unidentified father by the name of Lloyd Marshall, at the Lund Family Center. For the first 3 years, Bundy’s maternal grandparents took care of him in Philadelphia. Later on, Eleanor Louise changed her name, ran away with Ted to Tacoma, Washington where he met and remarried Johnny C. Bundy, then, a hospital cook. Records reveal of Bundy having been arrested twice on suspicion of car theft and burglary. From 1974, his earliest documented act of homicide was entered. The crimes that Ted Bundy committed are multiple, and include serial killings, kidnappings, rape and necrophilia. It is not known exactly how many young women and girls Bundy killed, but documents show that he confessed having murdered (at least) 30 of them. Some of Bundy’s victims include Karen Sparks (Joni Lenz), Lynda Ann Healy, Dona Gail Manson, Brenda Carol Ball, Georgeann Hawkins, Denise Naslund, Nancy Wilcox, Melissa Smith, Debra Kent, Caryn Campbell and Susan Curtis. According to Newton (2009), a Utah highway Patrol officer arrested Ted Bundy in August 1975,

Paul Ricoeur’s Philosophy and Theology. Essay Example for Free

Paul Ricoeur’s Philosophy and Theology. Essay Paul Ricoeur was born to a devout Protestant family and grew up with his aunt since he was two years of age. Because his mother died and his father was killed during the World War I, he grew up as an orphan in a small remuneration afforded to him by the government as a war orphan. He was a bookish and an exceptional student during his time; his family’s influence brought him up with Protestant faith. He studied philosophy at Sourbonne and got influence from Gabriel Marcel. During World War I, he served the French army in 1939, became prisoner of war in Germany for five years. During his stay at the camp, he met other intellectuals like Mikel Dufrenne and read a lot about Karl Jaspers who was to have a great influence on him. After the war, he continued his studies and in 1950, he received his doctorate degree. He was given opportunity to work as the Chair of General Philosophy in his alma mater in 1956; from there he began his work as a prolific writer sharing his philosophy and theology. Throughout his life, he was known and respected as one of the most impressive philosophers of the 20th century. Every event in his life has contributed to what he believed in. His Christian belief was influenced by his family; his philosophical view was influences of people he met, he talk, and read. He is a well-known Christian philosopher yet, his writings were appreciated by both non-Christian and Christian. Paul’s Ricoeur’s Philosophy Ricoeur’s philosophical is central to the meaning of life and self. Recoeur’s philosophy is based on the two questions about the self. These questions answers are about the identity of the self and how should it live. Recoeur viewed self hood as inter-subjective capacity for agency and self self-ascription, and anybody can acquire. It means that self as an agency, and self-ascription. However, in his exploration of the issue, he discussed the philosophical thinking in five aspects namely: hermeneutic philosophy, post-Hegelian-Kantian methodology, narrative theory, philosophy of the self, and a moral-political philosophy. Hermeneutics is defined as a system through which a certain belief is interpreted using a specific theory and method for interpretation. Paul’s hermeneutics philosophy according to Paul Ricceur and Richard Keamey is of twofold source of reflection: the hermeneutics of testimony and the hermeneutics of the self. In their explanation, Paul had come up with a thesis, which concludes that testimony must give something to be interpreted as in history, and this testimony will be the object of interpretation. The hermeneutics of self on the other hand pertains to the role in which attestation has to play. David Kaplan in his article explained that hermeneutics for Ricoeur is interpretation of knowledge through its signs, symbols, and texts; it is interpretation of human works and actions. The Post-Hegelian Kantian philosophy on the other hand, is mediation for Ricoeur in such a way that it is combining two different views. Ricoeur accepted Kant’s claim that ideas of morality and history is understandable, and that it has universal validity because of its theoretical and practical reasons. Hegel on the other hand, viewed evil in the world as the â€Å"cunning of reason† as helpful for man in realizing a reality. Thus, post-Hegelian Kantian means that expectation is a hope for a humanity belonging to a history, which as a whole is a collective singular. This vision of history is the foundation of ethics and laws in Kant. This implies that Ricoeur acknowledges the concept of totality as long as its scope of reflection is limited to universal rationality (or history). He is actually recognizing that any differences could be regarded as related as in plurality of voices (or idea) yet, reasons behind could be recognized when philosophy tries to find it. Ricoeur’s thesis in Time and Narrative presents that human experience and narration exist. Through hermeneutics, one can easily interpret human experience because it has narration or plot. Narration theory therefore, is telling, writing, and understanding of fictional stories, as Kaplan explained. Narration or plot according to Wall, Schweiker and Hall is an integration of philosophy of action and philosophy of language into a synthesis. By means of this integration, a production of narration is come alive through voluntary and involuntary human actions, its symbolic language, and conflicts, which are to be interpreted through hermeneutics methods linking the time and history. The Philosophy of Self or Philosophy of subjectivity is an attempt anyone can do to elucidate the meaning of man’s existence. Ricceur and Kearney explicate Ricoeur’s hermeneutics of self into the sovereign self and the destructive self. The sovereign self according to them represents the idea in its meaning in the modern philosophy, which pervades modern culture and develops the self-image of people in the modern society. The deconstructive self on the other hand presents self as pure extensionless, consciousness, already established in being. Self therefore has the capability of combining knowledge, and it is vulnerable for it seeks certainty and security. At this point, will and reason are very important to human for they are the instruments for self-preservation and self-advancement. Signs and symbols and human experience are essential for man to interpret the meaning of their existence. Moral Philosophy for Ricoeur emphasizes that human being is capable of affirming the limits of one’s own moral perspective and embracing God’s critical transformative power. Being a Bible believer, he believed that everyone has moral responsibility, which accounts directly to moral value. Wall Schweiker and Hall noted that these moral values could be deeply explored from distinctive theological and hermeneutical perspective as what Ricoeur tried to point out. The issue of moral thought or moral responsibility in the study of Ricoeur’s philosophy offers important remedy to present ethical situations or problems. Moral ethics is an expression of human capability though fallible man yet has the ability to embody moral values through the power of God by simply being humble enough to acknowledge weaknesses. Paul Ricoeur’s Theology According to Julisn F. Woods, Paul Recoeur approaches theology by asking questions such as: â€Å"Where is freedom? Or does le coincide with the discovery and understanding of an inner necessity deeper than choice and kind of autonomy? In a word, does the highest degree of freedom consist in the surging up of an absolute power of choosing or in the love fate? † These questions prelude Ricoeur’s ethical approach and hermeneutical approach to theology. Recoeur consider theology and philosophy to be distinct in terms of their contents. He sees theology as hermeneutical, which provides cross-disciplinary, cross-traditional conversational quest for truth. Recoeur was particularly interested in Biblical exegeses and has written an essay in collaboration with other New Testament scholars. He adopted Boltmanian tradition engaging in historical criticism while also affirming the breadth of Biblical genres. In the essay entitled â€Å"Ethics and Considerations on the Golden Rule† Recoeur cited that Christian Ethics or communal ethics in religious perspectives, as he calls it, consist in the tension between unilateral love and bilateral justice, and in mutual interpretation of each of these in terms of the other. According to Mark Wallace, Recoeur’s religious thought that as one attempts to interpret the Bible, it actually begins with the risk of understanding biblical language including symbols and signs. Recoeur himself stated that interpretation of the Bible should be in accordance with testimonies of the witnesses particularly the Jewish community. He regarded that the Christian message is meaningful and is worthy of consideration, and that examining it will it self very fully. For Ricoeur, the God of the Bible cannot be theoretically proven as a staple of reason or as a fact alongside other facts in our empirical experience. He believes that Gods existence cannot be proven by any natural theology that necessitates thought or the knowledge of empirical objects. Wallace pointed out that Recoeur relies on signs, not on proofs in interpretation of the language. Recoeur believed that pertaining to scripture language it relies on the signs and traces of a reality testified to at the horizon of philosophical reflection that demands to be interpreted and understood. In the argument of language interpretations, Ricoeur balances it against the possibility of error in the testimony of the witnessing community and regard it a risk that would result in false testimony. Wallace noted that the risk must be taken because the stakes are so high. Therefore, Ricoeur believed in the truthfulness of the Bible being the ultimate source of God’s words. Interpretation of it should undergo hermeneutical approach based on history by knowing underlying concepts suggested in symbols, signs and text. For Ricoeur, the stakes is the possibility of Biblical language being a faithful trace of God’s presence in the Jewish and Christian communities. He believed that the knowledge of the absolute is never given in an absolute sense but only relative to the contingent and fallible signs that the divine life gives of itself in its generosity. Ricoeur agreed that religion deals with man’s ultimate concern and that the New Testament calls to be Christ like, is the counterpart of the mandated self of the Hebrew Bible.

Provision and planning for the outdoor environment

Provision and planning for the outdoor environment Discuss with reference to curriculum documentation and relevant research literature the importance of effective provision and planning for outdoor play and exploration in UK early years settings. In this assignment I am going to look at why it is relevant for effective provision and planning for the outdoor environment in the early years in the UK. Outdoor play is a vital element of young childrens physical, social and emotional development. Play is a young childs activity for learning. Therefore making the most of outdoor play is essential, providing plenty of experiences in a varied manner for children, early years settings are in a unique position to offer these, fully integrated with the indoors. The four aspects of Birth to Three Matters Framework include examples of experiences that very young children should have both indoors and outdoors. Similarly, the curriculum guidance for the foundation stage includes many ideas for taking learning outside. All six areas of learning can be effectively promoted, from the earliest stepping stones through to the early learning goals at the end of foundation stage. The statutory framework for the Early Years Foundation stage: setting and standards for learning, development and care for children from birth to five. (DCSF 2008) states the following in relation to the outdoor environment; Wherever possible, there should be access to an outdoor play area and this is the expected norm for providers. The indoor and outdoor environments (should be linked) so that children can move freely between them. A rich and varied environment supports childrens learning and development. It gives them the confidence to explore and learn in secure and safe yet challenging, indoor and outdoor spaces. Children must have opportunities play indoors and outdoors. All early year providers must have access to an outdoor play area which can benefit the children. If the setting does not have direct access to an outdoor play area they must make arrangements for daily opportunities for outdoor play in an appropriate nearby location. Being outdoors has a positive impact on childrens sense of well-being and helps all aspects of childrens development. (See EYFS Statutory Framework (p.35 and 37); EYFS Practice Guidance (p.7) and Principles into Practice card 3.3: Enabling Environments- the Learning Environment). The EYFS statutory framework for the EYFS is put in place so that every child in a setting environment has the best possible experience of the outdoors, as so much learning and development goes on within the outdoors and to cover the six early learning goals. The outdoors offers a unique environment, which is very different from the indoors. It offers space and freedom to try things out, to explore and experiment without the constraints associated with an indoor environment (Tovey 2007). Some opportunities for learning can only happen outside. The experience of a change in the weather, finding insects, making a large scale construction/painting all of these motivate children into mental and physical engagement, and can only be done outside. In fact all learning goals can be achieved outside while the childrens health and well-being are also being boosted. Outside children can run fast, shout and squeal and find out what their bodies and voices can really do (Ouvry, 2008). The space is more open, less confided and the greater space; the more unrestricted the movement possibilities. Indoors is a space where adults are in control, but outdoors as fewer restrictions, where children can escape the controlling eyes of adults (Stephenson 2002). The four main thinkers of early childhood towards the curriculum, advocating outdoor provision as essential for childrens learning and development are; Friedrich Froebel , Margaret McMillan ,Susan Issacs and Maria Montessori. These four all held the view that the young child is first and foremost a whole person, with thoughts, feelings and imagination that need to be cared for and cherished (Curtis 1986. P.5).They all believed in a child centred approach and free-flow play. Young children are motivated and wish to learn, they dont have to be sat at a table quietly (Curtis 1986). Friedrich Froebel argued that play was a serious and significant activity for the young child. David Cohen (1987) suggests that Froebel was the first educator to use childrens play for practical purposes. In order to help children learn through play Froebel devised series of playthings and games (Bruce 1991). As Curtis (1986 p.6) points out, he used the timeless playthings of childhood in his curriculum. Balls, boards, sand, clay, for example, have made up childrens play throughout the ages. The role of the adult is crucial in Froebels approach to play. Cohen however doesnt agree that children should learn particular things, as that would be to advocate play as preparation for life. Froebel valued play because it helped children to make meaning, and as Janet Moyles (1989 p.168) points out the importance of adults and children being equal partners in play, as in conversation (Bruce 1991). Janet Moyles (1989, p.24) points out that Froebel pioneered the theory of firsthand experience as the basis of play, but this was entirely different to that, Seguin (1812-1880), who developed learning though the senses for disabled children. This curriculum was aimed towards a particular direction. However, Froebels approach to play was targeted at all childrens needs, rather than Seguin, who concentrated on disadvantaged children (Bruce 1991). As Yvonne Conolly (1983) points out (OMEP), A good Curriculum is a good curriculum for all (in Bruce, 1987, Ch.9). Margaret McMillan, pioneer of nursery education campaigned for an education centred on the garden. She was the first person to model a nursery with children flowing freely between the inside and outside environment she quoted; The best classroom and the richest cupboard is roofed by the sky. She put so much emphasis on the outdoor environment that it has been recognised by the Qualifications and Curriculum Authority in its good practice guidelines for the early learning goals, which repeatedly stress those young children, should have access to a well-planned outdoors (Ouvry 2008). McMillan expanded on the ideas of Froebel, to see children playing as the integrated activity. It was through the garden that we see her begin to develop the free-flow play side of the curriculum. It is interesting to see that for Froebel, McMillan and Issacs, it was the childs free play in the outdoors that led to their greatest contributions to the early childhood educational curriculum (Bruce 1991). Issacs valued free-flow play because it gave children freedom in their actions, thoughts and emotional expression. Issacs further stressed that play also meets the emotional needs of a child, as they express all emotional during play (Bruce 1991). Montessori, who was also a pioneer for education, she thought it was an insult to children to suggest they should play. Montessori provided children with specific sense training apparatus which she expected them to use in an exact manner within the classroom, whereas McMillan believed children gained better sensory experience by playing in the garden (Bruce, 1991). Surely if practitioners are planning and setting up the activities that a child plays outdoors it is not really the childs freedom of choice, in a way it is still like the Montessori approach. Both Sylva and Bruner argued, in the 1980s, that structure is a characteristic of materials and activities themselves. Structured activities such as construction are the most challenging and unstructured materials, such as sand and water, and open ended resources, outdoors lack any clear goal structure and, therefore, do not challenge childrens minds (Bruner 1980; Sylva et al 1980). Ouvry (2008) suggests making the most out of the outdoor area is also important, so that the children in that setting have the best opportunities possible and the changing of resources provided should be different daily. Also, it is important that the children have the opportunity to explore different resources and not stick with their favourite all the time i.e. bicycles. So Bruner and Sylvas research isnt very clear as all settings have a number of different opportunities for children to do in the outdoors environment, structured and unstructured. Children learn from them all in different ways and they are all targeting the six areas of learning. Piaget saw movement and physical development as the provision for higher levels of thinking. However Smith (p.68) argues this point and believes it is stillness we have to justify, not movement. Early Years children cant be sat down all day they need freedom to express themselves and explore their environment in order to learn new things, sitting down is going to make them more likely to disengage with what is going on. If movement is such an important aspect of a childs development, access to outdoor space must be part of a daily routine in order to nurture this mind-body growth. Children want space at all ages. But from the age of one to seven, space, that is ample space, almost as much wanted as food and air. To move, to run, to find things out by new movement, to feel ones life in every limb, that is the life of early childhood. So said Margaret McMillan (1930) Childrens entitlement to high quality outdoor play experiences is strongly supported throughout the Early Years Foundation Stage (EYFS) Framework and early years providers have a statutory duty to facilitate daily outdoor opportunities all year round for the children in their care. (See EYFS Statutory Framework (p.35 and 37); EYFS Practice Guidance (p.7) and Principles into Practice card 3.3: Enabling Environments- the Learning Environment). When children are denied adequate space they often feel desperately frustrated and this can lead to uncooperative behaviour. Research has shown that in environments that enable children to move about, to collaborate with others and take frequent breaks during calm activities, the behaviour of children who have a tendency to lose their temper or get over excited is less disturbing (Berk, l. E and Winsler, A 1995). This therefore shows that the tendency for children to shout and squeal and run around and be very hyperactive is taken outside there that type of behaviour is accessible (Ouvry 2008). Ouvry (2008) states that boys brains mature in a different sequence to those of girls and in some areas, at a slower rate. Boys first develop the parts of the brain for knowing about movement and space in which they have to move themselves and other things. Other areas of the curriculum then arise meaningfully out of play. Girls, stereotypically like playing imaginatively in the home corner and working with and alongside adults. Girls come to an understanding of adult world through domestic play and talk; they use reading and writing in their play because their brains are more developed for language at the three to five year old stage. The whole emphasis on activities that focus on children who are good at talking, fitting in, quick at learning and understanding other peoples intentions. Boys can tend to feel uncomfortable because they tend to feel more secure in the outdoor environment, where they can be themselves and still learn from their experiences just in a different manner. By the setting giving less attention to the outdoors environment and quality of outdoor play, they may be denying access to education to a significant number of boys (Bilton, H. 1998). The outdoor space must be viewed as an essential teaching and learning environment which is linked with the learning that goes on inside, but with even greater status because it allows for children to learn through movement. If we believe that young children learn through play and that play is thought in action- then offering children a playing space outdoors would seem the most effective means to fulfil their need to play, learning through first hand experiences and cooperate with others, that also cover the six main learning goals (Ouvry. 2008). Despite the much higher profile given to outdoor play in recent years with the introduction of the Curriculum Guidance for the foundation stage (QCA 2000), there is still evidence that the purpose and value of outdoor play is not well understood'(Tovey. 2007). Many practitioners have an unconscious belief that effective learning only happens when children are still, quiet and calm, with a pencil and paper at hand and with a teacher nearby to offer instruction. The idea that when children are physically active, many people believe they cant be learning anything to do with the curriculum (Ouvry 2008). But then what about forest schools, they are based outside all of the time and are still based on the curriculum and the learning intentions are still met and this is all due to planning for the six areas of learning. It is certainly true that if the outdoors is not well planned and the setting does not have clear aims for the childrens learning outside, then practitioners may find it difficult to see any worthwhile learning going on outside. This is however true when considering any environment for young children inside or outside. Without clarity of aims and learning intentions for children in play situations, it is impossible to know what to look for when observing the children or to know how to further the childrens learning. Structuring the environment and supporting childrens learning is as important outside as in (Ouvry 2008). The key person working with a four-year-old child may have observed on several occasions that the child is rather unsteady when moving around the outside area. The practitioner then plans to build an obstacle course to give the child lots of opportunities to use a wide range of physical movements. These then support the planning for enhanced provision. In many cases, this planned adjustment and enrichment of some aspect of the settings provision will also be relevant to other children in a group. Many of the other children in the group will enjoy helping to build and develop the obstacle course and will join the focus child in actively using and enjoying the challenges it offers. The right of the child to rest and leisure and engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and arts. (UNICEF 1989). There are constraints and fears that limit childrens opportunities for play particularly outdoors, deprive children of essential childhood experiences and opportunities- opportunities to develop friendships and to make relationships, to experience all emotions, to take risks, have adventures and misadventures, to have contact with nature and the environment (Casey, T. 2007). Children need to climb, run, jump, an bash balls against walls (Lewis Howdle, lecture, RIHE,1980). http://nationalstrategies.standards.dcsf.gov.uk/node/83976 http://www3.hants.gov.uk/childrens-services/childcare/providers/childcarepublications/horizons/horizons-issue-16/outdoor-learning-and-the-eyfs.htm http://nationalstrategies.standards.dcsf.gov.uk/node/151379 http://nationalstrategies.standards.dcsf.gov.uk/node/132681 http://www.teachingexpertise.com/articles/planning-quality-provision-early-years-5276

Consent Of An Intoxicated Victim Rape Law Essay

Consent Of An Intoxicated Victim Rape Law Essay Provisions of the sexual offences 2003 act In times gone by, the offence of rape was defined as the carnal knowledge of a woman forcibly and against her will.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was established. The House of Lords held that a trust in consent, even if irrational, would go against mens rea provided that the trust was honest. Although subject to a measure of criticism, such as that it represented a rapists charter,3 this is still the approach to the offence in the common law jurisdictions. Rape requires evidence of the physical essentials of penetration without consent and also the mental aspect that the offender not only intended to penetrate but knew the victim was not consenting or was careless as to whether the victim was consenting.4 carelessness is generally understood subjectively to mean that the offender was conscious that it was probable that the victim was not consenting but continued in any case.5 s 1 defines rape. Intercourse is complete upon proof of penetration by the penis and being complete means that it is has come into existence, not that it has reached an end. It is not necessary to prove that the hymen was broken. Part of the actus reus is that the victim does not consent. 1 St G Tucker, Blackstones Commentaries (William Young Birch and Abraham Small, IV, 1803) 210. 2DPP v Morgan [1976] AC 182. 3J Temkin, Rape and the Legal Process (Sweet Maxwell, 1987) 79. 4Crimes Act 1900 (ACT) s 54; Crimes Act 1900 (NSW) s 61I and s 61R(1); Criminal Law Consolidation Act 1935 (SA) s 48; Crimes Act 1958 (Vic) s 38. 5 See DPP v Morgan [1976] AC 182, 215; Satnam and Kewal (1983) 78 Cr App R 149; Turrise v R [2003] ACTCA 23; R v Brown (1975) 10 SASR 139; Wozniak and Pendry (1977) 16 SASR 67, 175. s 2 This was a new offence that didnt exist at all previous to the 2003 Act. The actus reus can be that accused uses a part of his body to penetrate victim as in rape, but orally is not included in this offence, and what he penetrates victim with can be his penis or it can be anything else, eg fingers, bottle, anything, and the victim must factually not consent. The crossover with rape will operate if the victim is unable to determine what she was penetrated with perhaps because she was intoxicated, injured or asleep. The mens rea is intention. As with rape, this offence requires a reasonable belief in consent and can be committed recklessly as a result of that. It is therefore a basic intent crime which means that evidence of no mens rea due to involuntary intoxication will be a defence R v Majewski [1977] AC 443. Sexual is defined at s 78 of the 2003 Act. s 3 This offence is akin to the old offence of indecent assault under the 1956 Act, other than the s 3 offence here req uires that D touch V in the circumstances described. The old law only required an assault, which of course need not have involved actual touching. Under the common law in R v Rolfe [1952] 36 Cr App R4 D was guilty of an indecent assault when he walked toward V with his penis exposed. This would not satisfy the s 3 offence now. However, R v H [2005] EWCA Crim 732 shows that only the slightest touch to Vs clothing in a sexual way will suffice. Sexual is defined ats 78 of the 2003 Act, and Ds belief in consent must be reasonable. s 4 The actus reus is not complete unless V factually engages in a sexual act at the instigation of D and V factually does not consent. Sexual is defined at s 78 and Ds belief, if he is to escape liability, must be a reasonable one that V consents. There is no requirement for D to be present when V engages in the activity. Causing V to masturbate herself or causing V to engage in acts of prostitution are examples that would fit s 4. s 61 Administering a substance can be done in any manner, eg in food or drink, by injection or by way of inhalation (perhaps on a smothering cloth or in vapour held under the nose whilst V is asleep). D must administer the substance or cause a third party to do so and while a sexual activity must be intended it need not be D who it is planned will engage in it with V. V must factually not consent and D must be aware of this a mere belief that V might not consent is insufficient. s 74 provides that: a person consents if she agrees by choice, and has the freedom and capacity to make that choice. The definition is based on free agreement. s 75 A conclusive presumption means that the presumption will apply, in this case that V did not consent, if the relevant act is proven to have occurred (the sexual act) and the circumstances described are proven to have occurred (eg D deceived V as to the nature of the sexual act). D will then be presumed to have not had Vs consent and there is no opportunity for him to argue that he did have it. The requirements of force and lack of will were replaced by the perception of consent in the mid 19th century. The turning point was the case of R v Camplin,6 where a woman was penetrated after being made drunk by the accused. Faced with no indication of force against the victim, the House of Lords decided that there could be rape if the penetration took place without the consent and against the will of the victim. In focusing on consent rather than force it has been argued that the offence does not capture the real nature of rape.7 Feminists have articulated several apprehensions about whether the focus on consent sufficiently protects women.8 Firstly, an objectionable consequence of making the consent of the victim the central question has been that criminal trials tend to focus on the conduct and sexual history of the victim rather than on the conduct of the accused.9 A second criticism is that the everyday use of the term consent does not satisfactorily distinguish between cases in which the victim submits out of fear and cases in which she is prepared to engage in sexual intercourse.10 6 R v Camplin (1845) 1 Cox 22. The decision was confirmed in R v Fletcher (1859) 8 Cox 131. 7 V Tadros, Rape Without Consent (2006) 26 Oxford Journal of Legal Studies 515, 516. See also V Tadros, No Consent: A Historical Critique of the Actus Reus of Rape (1999) 3 Edinburgh Law Review 317, 330. 8For further discussion see P Western, Some Common Confusion About Consent in Rape Cases (2004) 2 Ohio State Journal of Criminal Law 333-359. 9 Tadros, above n 10, 326. 10 Ibid. Finally, it has been argued that the theory of consent cannot be determined reasonably while jurors and judges rely on their predictable views about sexual roles in their assessment of consent such as, put bluntly, yes means no; that women fantasize about being raped; or that women could resist if they really wanted to.11 Voluntary intoxication vs forced intoxication There is a well-established link between the use of commonplace intoxicants like alcohol and sexual assault. Estimates vary between studies, but it is generally accepted that alcohol has been consumed by one or both parties in a high proportion of rape cases. Alcohol has thus been suggested to be both a precipitant of, and an excuse for, sexual aggression by men (Richardson and Campbell, 1982; (Richardson and Hammock, 1991). In addition, alcohol use has been studied as a risk factor for sexual victimization, since it lowers awareness of risky situations and impairs the ability to resist assault (Abbey, 1991; Berkowitz, 1992). Four of the simulations involved alcohol, with the key variable relating to the means of administration to the complainant: (1) unambiguous self-administration; (2) self-administration under pressure from the defendant; (3) surreptitious strengthening of an alcoholic drink by the defendant; and (4) surreptitious administration into a non-alcoholic drink by the d efendant Present Scenario The existing situation where there is no statutory definition of consent to any sexual act which might otherwise be a crime is far from perfect, leading to a lack of lucidity for the complainant, the accused and the Jury. The positive impact of a lucid definition should also be felt outside the courtroom, preventing at least some acts of sexual violence. It would seem best that an alternative expanded and more inclusive definition of consent should have as its primary focus the conduct of the accused rather than that of the complainant, as far as possible, with the aim of 11 See Victorian Law Reform Commission, Sexual Offences: Interim Report (2003) 310. avoiding protracted, hostile and thorough cross-examination of the complainant on matters which are often of doubtful bearing to any real issues in the case. Of course, fairness to the accused is a crucial principle. However, no less crucial is the framing of the law to circumvent needless suffering of survivors of sexual aggression by grilling, as there can be no doubt that apprehension of such an ordeal operates to augment the pace of erosion. Is the present definition of consent inadequate Now it is time to endorse a new extended all-inclusive definition of consent which incorporates the benefits and avoids some pitfalls of the definition used in the UK Sexual Offences Act 2003 12. Some legal experts have identified, that the UK definition does not give any guidance as to whether the complainant must communicate consent by words or action 13. However, it is apparent from the successive cases that the most significant rational issue has been capacity. The England and Wales legislation does not include any definition of capacity itself, and its list of situations where there is presumed to be no consent, at sections 75 and 76 of the SOA 2003, does not expressly include the situation where there is no capacity to consent because of self-induced intoxication of the complainant which falls short of unconsciousness. It is reasonable to say that the UK Government examined this breach in the law in the light of the decision of the Court of Appeal in R v Bree [2007] EWCA 256, i n which the Court interpreted the capacity to consent as something which may evaporate well before a complainant becomes unconscious, and explained that if, through drink (or for any other reason) the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consentingà ¢Ã¢â€š ¬Ã‚ ¦. However, the Court also made it clear that the complainant may still preserve the capacity to consent (or not) even if she has had quite a lot to drink, which means that basically each case will turn on its own facts. The UK Government decided not to change the law subsequent to this decision. 12 See Section 74 of the UK Sexual Offences Act 2003: à ¢Ã¢â€š ¬Ã‚ ¦..a person consents if he agrees by choice, and has the freedom and capacity to make that choice. 13 For example, see an article by Victor Tadros entitled Rape without Consent, Oxford Journal of Legal Studies,Vol 26, No 3(2006), pp 515-543, at page 521 et seq It would seem best, given that this is a situation which arises very frequently, and which gives rise to misuse, that an expansive definition of consent should contain stipulation for the situation where the complainants consent is compromised by her voluntary intoxication. After all, the drink driving laws believe that after use of a very modest measure of alcohol, our competence to control a car carefully is critically affected. Of course, this would mean that the conduct of the complainant would still be under investigation. Some regulation as to what should be included in such an extended definition will be found at Sections 75 of the UK SOA 2003 (evidential presumptions about consent) and Section 76 ibid. (conclusive presumptions about consent), which taken together provide a list of situations in which the lack of consent may be understood, and except for the two exceptional situations contained in Section 76, additionally provide that it is open to the accused to bring in ample evidence to show that there is an issue as to whether the complainant consented, in relation to the particular state of affairs. This list of situations does NOT cover the situation where the complainants capacity to consent is impaired by self-induced intoxication, but he/she is not asleep or otherwise unconscious 14. Circumstances when allowing sexual activity does not amount to consent Allowing sexual activity does not amount to consent in some circumstances like when she does not protest and/or offer physical resistance to the activity or if the activity takes place while she is asleep or is unconscious. A comparable condition may come about when she is affected by drugs or alcohol to such an extent that she is in no situation to consent or refuse. It is not pertinent whether or not she took the drug or alcohol voluntarily or involuntarily. Another condition could be when the person is so affected by a mental or physical condition or impairment that she is in no position to consent or to refuse consent. Similarly, it is not consent to sexual activity if she allows it because she is mistaken about the persons identity or she is mistaken about the nature of the activity. 14 Section 75 (2) (d) UK SOA 2003 A consent by another person on behalf of the complainant cannot be considered a legitimate consent or if another person in a position of power, trust or authority incites her to engage in that activity. A complainant cannot express her consent by a lack of concurrence to engage in that activity or having first consented, she expresses by words or conduct a lack of agreement to continue to engage in such activity. The Sexual Offences Act 2003 and thereafter Demand for change of Law The Government has already made a number of changes to the law on rape and the way the police and Crown Prosecution Service work on these cases. These changes include strengthening the law on rape through the Sexual Offences Act 2003 and developing a network of sexual assault referral centres that provide specialised, dedicated help and support to victims. The pioneer support for a change came from non-government groups and victim and survivor support groups, whilst members of the judiciary and legal profession were less persuaded of the need for change. Moreover, around a third of the respondents who believed that the law should be changed favored a further evidential presumption to cover intoxication by drink and drugs, often citing the recommendation that was made in the report to Home Offices review of the law on sexual offences, Setting the Boundaries, which projected an evidential presumption that read: Where a person asleep, unconscious or too affected by alcohol or drugs to give free agreement. A number of respondents, particularly victim and survivor organizations, further argued that the law as it presently existed was essentially paradoxical on the subject of intoxication. The respondents argued that where intoxication fell short of unconsciousness and was therefore covered by section 75(d) of the Sexual Offences Act 2003, i t was both presumed and not presumed to invalidate consent depending on whether the intoxicating substance was administered covertly or consumed voluntarily. It was suggested that the distinction between those intoxicated having had their drink spiked (or been drugged in some other way) and those intoxicated apparently of their own wish was not as clear cut as the law allowed for. There were cases in which offenders knowingly facilitated the intoxication of susceptible victims in order to commit an offence. One example was where an uncle facilitated the intoxication of a younger niece in order to commit a sexual offence. Even in situations where the offender had not been responsible for inducing intoxication there was a risk that some men can seek to take advantage of the fact that women are drunk and therefore have less capacity to defend against demands or intimidation. Therefore, it was argued that the law should be changed so that it made no distinction between voluntary and involuntary intoxication if the final consequence was a lack of capacity to consent. The proceedings in the case of R v Dougal 15 were widely cited as an example of the difficulties caused in applying the current law to cases involving voluntary intoxication and as an argument in favour of adopting a change in the legislation. This case collapsed when the prosecuting counsel took the view that the prosecution were unable to prove that the complainant, because of her level of intoxication, had not given consent and informed the judge that he did not propose to proceed further. The judge agreed and directed the jury to enter a not guilty verdict. It was argued, that the case should have been proceeded with and the issue of the victims capacity to consent put to the jury. It was argued that a change in the law would allow a similar case to proceed in the future and would provide assistance to the jury in considering the issue of consent. While the relationship between capacity and intoxication was the most prominent issue, responses from police and prosecution representatives and childrens organizations identified other factors that should be taken into account when considering an individuals capacity to consent. These included mental health, domestic violence and the exploitation of victims made vulnerable by their circumstances, for example sex workers. There were differing opinions on whether a change in the law would be necessary to allow the effects of such factors to be considered in relation to consent. Organizations with a specific interest in children supported a change to the law which would take account of the particular vulnerability of children and the circumstances in which they can be exploited in order to commit sex offences. It was noted that alcohol can often be used by offenders to make it easier to commit an offence. 15 R v Dougal (2005) Swansea Crown Court (unreported) However, it was also pointed out that alcohol is frequently consumed voluntarily by teenagers before engaging in consensual sex and that it was important that intoxication should not be the only factor taken into account when considering the capacity of those under 16 to consent as this could lead to inappropriate prosecutions. The opinion that the law did not need to be changed was most commonly held by members of the legal profession, the judiciary and law enforcement agencies. Some argued that the law had only been in force for a relatively brief period and that any meaningful assessment of the Acts provisions was therefore premature. Continual change, others argued, rather than bringing clarity, would only serve to cause further confusion. Opponents of change argued, it would be wrong to seek to change the legislation simply because of the outcome of the case of R v Dougal. They took the view that the Sexual Offences Act 2003 had provided a welcome modification to the law on cons ent, which had improved the law because juries were now required to consider what steps the accused had taken to establish whether or not the complainant genuinely consented. Although there may now be a focus less on whether or not consent was given but rather on whether the complainant had the capacity to give consent, this did not challenge the adequacy of the law as it was currently framed. Those who did not consider that the law needed changing argued that it was already the case that a jury could ask themselves whether the complainant was in a fit state to give free and informed consent, especially if they had been drinking heavily. It was suggested by judicial respondents that R v Dougal had been an exceptional case and that in most similar cases juries have been properly directed that lack of capacity includes incapacity through excessive consumption of alcohol or drugs. There was concern for the broader implications of a change in the law. It was suggested that establishing a link between intoxication and a capacity to consent could result in, and according to some should entitle, a defendant to argue that he was too drunk to assess whether consent had been given. It was also argued that the effect of intoxication on a persons ability to make decisions could not be used as a defence to other offences, for example assault, and so should not be relevant to the capacity to consent in rape cases. However, it was also argued that these two situations were not analogous because victims were not on trial. Section 74 of the Sexual Offences Act 2003 refers to freedom and capacity and argued that there was a distinction between these two concepts. It was argued that capacity to consent was relevant to children and individuals with mental disorders impeding choice but not to adults who had become intoxicated. It was suggested that equating adults with children in this way was a step backwards. Should there be a statutory definition of capacity This change in law by way of inclusion of a definition of capacity would bring a clarity to proceedings and ensure that juries would consider the complainants circumstances, including any effect that alcohol or other substances may have had on their ability and freedom to choose. Advocates of this definition consider that it is clear and easy to understand and would cover the circumstances where a complainant was so drunk but not unconscious as to not know what was happening or unable to say no. A number of those who supported a further evidential presumption based on alcohol consumption suggested that this might be the statutory definition of capacity that was needed. Most commonly, the evidential presumption that was proposed was the one that appeared in Setting the Boundaries. Such an evidential presumption, it was argued would allow the case to be put to the jury, even where the complainant could not remember whether she consented or not. It would, of course, remain open to the defendant to say that the complainant did indeed consent and for the jury to believe him or, at least, give him the benefit of the doubt. Philosophical issues Does a person who is voluntarily drunk remain capable of giving valid consent to sex? The Court of Appeal in Bree held that a drunken consent is still (valid) consent, though it further recognises that the capacity to consent may evaporate well before a complainant becomes unconscious. This decision is a move in the right direction, yet this article argues that it has not gone far enough, and that s. 74 of the Sexual Offences Act 2003 which governs these scenarios allows-and even requires-a more drastic interpretation: a drunken consent is not consent when the person is very drunk. Based on a distinction between factual and legal consent, the article starts by setting up the legal framework as set out in s. 74, and developed in Bree and H. It then goes on to criticise the current case law and its interpretation of s. 74 for not being restrictive enough, by examining two possible theoretical rationales, mentioned in the judgments. The first, which is based on an analogy with the law r elating to intoxicated offenders, is criticised on the grounds of differences between consent and intent. The second, which is based on the general argument that this position recognises the positive aspect of sexual autonomy, is criticised for its failure to distinguish between claims of normative facts and claims of public policy and for giving too much weight to the latter considerations. From the discussion an alternative, more restrictive position, emerges in line with s. 74 of the 2003 Act, according to which a drunken consent is not consent. This position can be adopted by judges, through the provision of better guidance to juries, but failing that a reform of the law might be needed. @ @ @

The Greatest Oil Man Essay -- essays papers

The Greatest Oil Man The majority of people in the world dislike monopolies. People do not like monopolies because they are allocatively inefficient and because they produce less than consumers want. John D. Rockefeller was a good example of a monopolist from 1880 to 1911. Most people in that time period did not like his company, Standard Oil, and wished for an end to it (micheloud). In 1870, J. D. Rockefeller started the Standard Oil Company. Soon after the birth of this company, Rockefeller began to horizontally integrate other refineries into his company. This was not enough for Rockefeller. He wanted control over the whole industry so he proceeded to vertically integrate other companies including companies having to do with extraction, transport, retail, marketing, and research. Within a relatively short amount of time, Rockefeller obtained all of the components needed not only for creating the refined oil but for shipping it as well. The only things that were missing from his giant conglomerate of companies from the oil industry were insignificant considering that now Standard Oil was virtually the only buyer (micheloud). In order to keep his monopoly intact he used the railroads to keep updates on all oil shipped through the railroad companies. In order for the railroads to work for him, they had to give him detailed reports on all oil shipped though them. Standard Oil also made sure they were keeping these reports correct by placing spies (Michel...

The Internet Has a Negative Impact on American Families Essay -- Argum

The Internet Has a Negative Impact on American Families Does the Internet truly have a negative impact on today’s family life? Many say that is most definitely does. Have you ever known someone who is obsessed with the Internet or spends more time on the Internet than they had intended to? You might begin to think they are addicted. Ricco Siasoco defines Internet addiction as â€Å"a broad term including users addicted to chat rooms, auctions, web surfing, among others.† These other Internet addictions may include cyber relationships, gaming, and trading. I have read several articles related to Internet addiction, and can not come to a conclusion on whether or not it is a true addiction. However, I do believe that the Internet does have a negative effect on American families. There have been many studies performed to research the idea of Internet addiction. It is just like any other addiction, including gambling, alcoholism, and eating disorders, and all of which destroy families in one way or another. Experiments created by psychologists and sociologists to explain the addiction resemble those of pathological gamblers described in the DSM-IV.[1] Using that information, a survey was made to determine if users have Internet addiction. The questionnaire includes eight questions such as â€Å"Do you feel the need to use the Internet with increasing amounts of time in order to achieve satisfaction?† and â€Å"Do you use the Internet as a way of escaping from problems or of relieving a dysphoric mood?† Participants who answered yes to five or more of the questions were considered addicted Internet users. One aspect of the Internet that people can become addicted to is Cybersex and Cyber R... ...e), and Stage III Balance (Normal). â€Å"Some people simply get caught in Stage I and never move beyond it. They may need some help to get to Stage III,† declares Grohol. Internet users are being tested for addiction, because of how it effects their lives. Most people may think that it is not a major issue. However, as you can see, many lives and families are destroyed because of the Internet. Who knows if there will be new laws against chat rooms to stop cyber relationships? Could our government stop online gaming? I don’t think people will be able to stop trading online, because of its convenience. This leads me to one last question: Will Internet addiction be the next disorder in the DSM-IV? [1] Diagnostic and Statistical Manual of Mental Disorders- Fourth Edition. [2] http://psychcentral.com/netaddiction/, by John M. Grohol, Psy.D.

Psychology and New Technology Program Essay

ABC Corporation has made a decision to purchase a new technology program for their employees. Because this technology program is new, employees ranging from age 17- 70 needs to be train. Training must be complete with six months. Before training is implement, four fundamental principles of adult education, including psychological, sociocultural, biological, and cognitive must be analyze. Because of the age range it would feasible to divide the employee into two groups. First group is Young learners (YL) age group 17-25 and the second group is Adult learners (AL) age group 26-71. The AL group will require multiple sessions because of the number of employee in this group. Before training begins, both groups must prepare for learning, therefore an open discussion regarding the new technology program, training plan process and how it will affect the employees will be discuss, this discussion will gain support and full participation from the employees. After analyzing both groups, the biological factor for the YL group will not have a strong impact. Most young learner between the ages of 17-25 is computer knowledgeable and is familiar with the 21st century social media and is open for change with new technology. YL group would benefit from Web-Based Training (WBT) instead of the traditional classroom forum. Many young leaners prefer a teaching method that would keep them engaged, and eager. WBT is the delivery method for the YL group. The adult learners (AL) ages 26-70 may not be a computer literate and would benefit from the traditional classroom approach. The AL group would require the adult educator to have patience, slow lecturing, plenty of hands on exercise, and frequent breaks. Hands on exercise are a memory factor that would benefit the AL group two months after been train. Most adults learners tend to forget what they have learned. Information that goes into adult leaner memory is memorize if the learner practices remembering the information soon after he or she learns it. Psychological factors deals with individuals’ way of thinking and learning. Separating the groups would allow the employees to learn and collaborate within their age group. Developing two groups will allow the learners to relate to each other, and feel comfortable learning. Training both groups together would be challenging for the adult educator as well as the employees. The possibility of redundant questions would slow down the class, which could result in less participation. Cognitive factor is the process of obtaining knowledge through experiences. The Adult learner (AL) is in charge of their own learning. They focus on what will advance their career and life circumstances. The Young learners (YL) rely on others to tell them what they should learn. Both groups learning environment has an impact on how well they comprehend the new technology program. The YL group would benefit from a self pace, web base training module or a stimulation module with active interaction of practical and theory scenarios. Each module will require an assessment and a passing score of 90% or higher to advance to the next module. This learning style would allow the YL group to continue to make use of 21st technology. The AL group would not benefit from web base training. Most adult learners are not comfortable learning new technology, in this case the employees does not have an option. The AL group who is not adaptive to change would find it challenging to learn a new technology program via a computer; this would be an internal factor that may take time to overcome. The job of the trainer is to make the learner apart of the learning process, by asking for volunteers, or asking experiences related questions. The AL groups are concern with why and how to apply this new technology. Sociocultural deals with how adults deal with individual learning and how learning takes place. Dividing employees into separate groups will be beneficial at the end of training. Both groups can relate to their own learning team. The YL group want experience classroom group interaction with their team. Web-based training (WBT) is similar to distance learning. There will be online discussion, and e-mail dialogue. The AL group will build possibly new relationships, interact more, discuss challenges, and success. In conclusion, in order for the ABC Company to be effective with the new technology program, the recommendation is to divide the employees into separate groups, and categorize them as Adult Learner (AL), Young Learners (YL). This approach would be beneficial from the adult learner perspective and applying the four fundamental principles, simplifies the training plan and the assurance that training will be complete successfully within six months. Afterward employees will be able to apply the new concepts, and best practices of the new technology program.

Gender Differences in Fundamental Movement Patterns Essay

Raudsepp and Paasuke (1995) tested 60 8-year olds (33 boys and 27 girls), finding that there are no sex differences in the kinematics of running. However, they found that boys perform better in overhand throwing and in tasks evaluating motor performances and muscle strength. Girls outperformed the boys in two tasks: sit and reach and balance (p. 294). This study merits discussion on several fronts. First, the researchers hypothesize that factors other than biological account for the gender differences in motor skills that they found in their tests (p. 301). Second, the researchers note that biological variables had been considered in previous studies (p. 294), and they made this point a significant aspect of their own investigation. Third, the children were given classes before the testing sessions (p. 295). In trying to account for the results of their study, the authors hypothesize that factors other than biological could account for the gender differences. Biological factors include age, height, weight, and body fatness (p. 294). A factor that could explain these differences is experience. Indeed, the authors note that, in the case of overhand throwing, girls do not have the same amount of experience as boys, and that boys have more memories of practicing overhand throwing (p. 295). In trying to eliminate biological factors from the results of their study, Raudsepp and Pausuke standardized the age factor, as they chose only 8-year olds for their study. They also measured the height, weight, and BMI of their subjects, finding that there were no significant sex differences in height and BMI. However, the boys were heavier than the girls (p. 297). In their choice of subjects, the researchers have chosen groups that differ only in the biological factor of weight. This is a significant point for their study, however, there are other biological factors that could have been considered and that possibly might account for some of the differences the authors observed. For instance, could joint length (in proportion to height) account for the difference in stride lengths in the running kinematics test? Also, if the boys and girls are similar in height and BMI, what aspects of the body composition of boys accounts for their heavier weight? An intriguing aspect of this study is that the researchers gave the children classes before the testing sessions. In these classes, children were taught the proper techniques of running and throwing (p. 295). As these classes likely impacted the children’s performance in the tests, additional information should have been provided to the reader. Who taught these classes? Were the instructors male or female? Were the children separated by gender in the classes, or were boys and girls taught together? An additional component that could make an ideal subject for future investigation would be to test the children both before and after the training sessions. In this way, the elements of experience and technique could be weighed against performance, particularly in the task of overhand throwing. In summary, this study largely confirmed findings from previous studies. The authors, in their attempts to standardize biological factors, bring up important questions to consider in future studies. In the area of biological factors: What accounts for the boys’ heavier weight? Does limb length account for differences in stride length? Is there a difference in body composition or limb length that accounts for girls’ increased flexibility and balance? In respect to environmental factors: How did the technique classes affect the children’s performance?

Power Line Communication Essay

The objective any mining company like TATA STEEL is to reduce the amount of energy used in mining through the increase in employee productivity and safety. Mining operations consist of several tasks. The highest efficiency can only be achieved with full coordination among the persons carrying out these tasks and if the locations of vehicles and people are known by those who coordinate the activities. In addition, the large number of risks of explosion has the potential to cause a major accident. Therefore, the establishment of a better communication system for the mine underground is very important and significant to modernize the mine management, increase the labour productivity, and strengthen the security to protect the lives and property of the mines. Present Scenario At present, cable telephone communication, power line communication, sensor communication, telecommunication, leakage communication, and radio communication are the main forms of communication in a mine. Our study shows that, a variety of mobile communication methods have their limitary application under coal mine. Some mines still use hardwired wall-mounted telephones. The disadvantage of this technology is the obvious necessity that the user cannot be mobile. To reach this person, the caller must page the person who must then go to a wall-mounted telephone that may be a long distance away and in the case of an accident the telephone may be inaccessible to the injured person. Another popular technology , Leaky Feeder technology requires a relatively stiff,hard-to-install cable, about 5/8† in diameter, to be installed everywhere where communication is desired. To communicate the user must be in line-of-sight of the cable and not more than thirty or eighty feet away from the cable. According to a survey conducted on how well current systems meet the needs for mining communication, 62 percent of Respondents replied negatively. None of them thought that mining communication needs were being met extremely well. Some of their replies- â€Å"Overall we cannot communicate well with miners.† â€Å"There is the issue of battery, phone and wiring maintenance.† â€Å"Safety in an emergency is still an issue.† As the power lines in an underground mine cover a broad area, if we can make full use of power lines to communicate, then we can completely solve the problem underground communication. The use of power lines saves the cost of additional cable and the labour cost for system installation. Furthermore, power lines are built and installed in a rugged manner. Any underground wire or cable, when fed an RF signal, tends to distribute that signal throughout its length. Carrier current systems utilize this fact to establish communication paths using existing mine wiring. Carrier current devices are basically FM radio transceivers that transmit and receive over existing mine wiring instead of using an antenna system. The LF (low-frequency) and MF (medium frequency)KP ranges propagate best in carrier current systems. A common example of a carrier current system is the trolley carrier phone systems presently used in many mines. Another example is the shaft communication systems that utilize the hoist rope itself to establish communications to and from the cage. The most modern system, based on MF, promises to be the most effective of a l l . But there are lots of complex interference noises in power line communication under mine. More recently, the maturity of wireless as an accepted medium has increased the demand for instant, reliable, portable communication. Underground mines, however, have proved resistant to wireless communication due to environmental conditions that limit the transmission of radio waves. â€Å"Mines are looking to find such a system. It would become universal over time due to safety, a decrease in down time and an increase in productivity.† This system may be further enhanced to A GPS-like (Global Positioning System) for underground mines which would serve an extremely useful function in saving energy in mining operations. Autonomous (i.e. unmanned) machinery has been a long-standing objective of the mining. This would move miners from underground mines to the surface from where they would remotely control mining operations. Extremely important is to note that such a move would allow shutting off the energy-guzzling fans, which would result in large amounts of energy savings. Economics PLC is viewed as especially attractive because of several characteristics. Electricity services in most developing countries have higher reach than telephony. In addition, PLC can provide an elegant solution for in-home access and networking, since the signal can reach virtually any outlet in the home. However, there are several important technical issues in this simple scheme. The signal attenuates as it goes over the line, with higher losses at higher frequencies. Given emission limits that restrict boosting the transmission signal, the only solution is the use of repeaters en-route, increasing the cost. Secondly, the LV transformers act as a low-pass filter, allowing electricity through with low losses but not higher frequencies. This is why most solutions rely on bypassing the distribution transformer. While an opportunity in terms of sharing capital equipment costs across users, shared infrastructures also lead to congestion, multiplexing, interference, and security concerns. To overcome these issues, PLC solutions rely on sophisticated signal processing and encoding. For PLC to be successful, it must not only operate successfully from a technology point of view, but also present a viable business case. The market space consists of not only well-entrenched alternatives like DSL (Digital Subscriber Line) and cable, but also alternatives such as Fibre-To-The-Home (FTTH), Fiber-To-The-Curb (FTTC), and broadband wireless. Issues of telecom, regulation and competition play a vital role in deciding the future of PLC. Depending on the number of feeders emanating from the substation, different MV couplers are needed. At every distribution transformer, a concentrator cum transformer bypass is required. This device transfers the signals to the medium-voltage line, bypassing the transformer. In addition, depending on the distances involved, repeaters might be needed to extend the signal. In addition to the one-time costs, which are amortized over specific periods, there are also explicit calculations of monthly operating costs. After thorough estimation from various sources (web and consulting some industry people) the monthly costs of PLC is found to be around US$35 per month per user. Most of the values chosen are plausible, if not optimistic. In some hazardous locations, where specialized personnel are required, installation costs have been estimated at US$200–300. On the other hand, in normal cases, the installation would be somewhat over US$100 per user . The total capital costs per consumer (excluding Customer Premises Equipment (CPE)) average about US$85 , assuming an average of 6 homes passed per LV transformer. One result that is robust across most assumption ranges is that operating expenditures are about 45% of the total costs. The most important variable, under the assumptions is the time period for paying off of the equipment. Given the fast changing nature of the telecom industry, the median value for economic purposes is assumed to be 5 years. In addition, within a region, the competitive pressures might be much lower, allowing for higher market share and greater sharing of equipment, marketing, and maintenance costs amongst subscribers. Given the estimated monthly costs of PLC it is almost clear that there is a gripping business case for PLC in the near term based on price for the end-user. Of course, economics is not the only factor in determining the success of PLC or any other broadband technology. User satisfaction, customer loyalty, branding, and competition (alternatives) are all important factors as well.

Conflict Can Be Character Building Essay

â€Å"Conflict Can Be Character Building† â€Å"Character building† is such a common phrase and has become a cliche designed to put a positive spin on painful experiences. While it is true to say that conflict is an inevitable aspect of life, it is not true to say that it always results in â€Å"building† people. In fact in some cases it tragically destroys them. While novelists and filmmakers, in particular, build a plotline which neatly introduces conflict, complications and crisis points which always lead to a positive resolution, real life doesn’t work that way. Stand by Me neatly follows this pattern, while real life conflicts such as friendship rifts, religious rivalries and political unrest may never be resolved and destroy many lives. Rob Reiner’s Stand By Me portrays conflict through its narrator and protagonist’s reflections of an important journey he took when he was twelve. It was a journey that helped him confront some of his own internal conflicts regarding the loss of his brother, grief and his relationship with his grieving parents. It also explored the personal conflicts of his peer group and their own internal struggles as well as the conflict they had with family and a rival â€Å"gang†. While Gordy’s â€Å"victory† in finding the body and standing up to Ace is a crisis point in which he emerges as a hero, we are aware that there are still conflicts that have been overlooked in the focus on the one experience. The other characters are glossed over as they return to their unhappy and dysfunctional homes and so too is the fact that the threat of retribution from their rivals. The film is tied up with a content Gordy who conveniently became the writer his older brother always told him he was, had a nice home and happy relationship with his own son and has memories of â€Å"friendship† to cherish. But we need to focus on the most tragic conflict from which his friend Chris does not survive. â€Å"He was stabbed in the throat; he died almost instantly. Although I hadn’t seen him for more than 10 years, I know I’ll miss him forever.† Group conflict is a reality most of us experience on a regular basis.It comes in many forms.It can be about friendship groups, family feuds, school or institutional authority, gang supremacy, sporting, political, religious or racial rivalries in the extreme state of outright war. Individuals and  groups do clash. Sometimes the conflicts are accepted as differences that will never change while other times they ignite violent reactions. Even bullying is seen as a conflict and for those who are truly affected by bullying and inturn suffer a life long struggle with mental health and self esteem-these people do not ‘build character’ whatever person they were has been destroyed. Instead of the polite, outgoing person-a new, changed character has come about and with it is drugs, self harm and eating disorders. Australia has seen many refugees and asylum seekers risking life and limb to reach our shores in an effort to escape conflict. We know that may of them don’t make it – many losing lives at sea and others scarred by the trauma of loss and their journeys. Our community has opened itself to many of the â€Å"lucky† ones who do make it here and yet they will tell you that the conflict in their lives haven’t â€Å"built† them but harmed them. Some have confessed that they will never recover, haunted by their experiences every day is a struggle. They don’t look back and say they are glad for the conflict as it gave them an opportunity to â€Å"build character†. Many people fear conflict with others but fail to consider the harm internal conflict has on them. There is an acceptance in dealing with or being concerned about conflict with others and internal conflicts still seem to be an issue most people are ashamed to acknowledge, much less discuss. True to its name they keep it all internal and wage a struggle on the inside.Internal conflict leads many to suffer silently on a daily basis and rather than build their character it can absolutely warp them and even break them. Depression, substance abuse (drugs and alcohol) as well as self harm, risky behaviours and suicide are all results of internal struggles that have not ended in â€Å"building† but instead ruining character. â€Å"Dealing with one young person’s sexual orientation was such an internal conflict that he turned to drugs and ended up a completely different personality who sadly overdosed. Friends and family just couldn’t understand why it ended so tragically.†- It is not an uncommon story. Character building happens in many ways. Ultimately, It happens through experience, growth, education, love, relationships, travel and support – to name a few. It is wrong to assume that true character growth can only happen  with painful experiences and conflicts. It may be the case that sometimes a conflict teaches us a great deal and can contribute another layer to our character, but it is also more often the case that conflict can start a chain of events that ends in tragedy and has a destructive effect on an individual or groups of people which can even reverberate for generations.

Inclusion Research Paper Example | Topics and Well Written Essays - 1750 words

Inclusion - Research Paper Example s and above all this style is more likely to give a higher individual success rate as par its teaching style, students learn more. This is the most recent approach that fully facilitates the idea of providing both disabled and regular students same platform and equality. The only problem with this approach is that it requires a whole new level of struggle by the teachers and the educational programs to fulfill both contradicting issues at hand; maintaining the standard of education provided and on the other hand eliminating the concept of discrimination and providing equality. (Inclusive Teaching Strategies n.p.) Mainstream style of teaching basically is designed to match the globally competitive level of education by providing higher standards of education. The benefit of this approach is that it acts as a facilitator of inclusive education as it is a sign of raised education standards by providing and fulfilling the needs of each and every student even those with learning disabilit ies. This would raise the standard of education as the educational system would be called a â€Å"responsive† system. On the other hand there is also a negative impact of this approach as it also negates inclusion of disabled students. By providing both regular and disabled students with same standard of education, this policy would lower the overall learning of the class, hence the overall progression by the students will decrease as a regular student would have learned and progressed more, if had studied in a regular school, creating a discrepancy between what he has learned and what he needs to learn and was capable of it but could not. (Florian, pg 7-20) Integration is an approach where the opportunities for the participation of a disabled child within an educational system has increased but to a lesser extent than inclusive approach where both regular and disabled students are considered equal. In integration approach there are still ways to include them. (Advocacy for I nclusion n.p.) In the past integration was practiced by â€Å"acceptance of children with disabilities†, but still differentiating the two. There were programs which were integrated, activities like trips, along with educational programs which were not fully integrated. The benefit of this approach was fulfilling maximum needs of each type on same platform but on the other hand there was still a feeling of discrimination amongst the disabled. Research shows that diverse learners involve students with cognitive, language, speech communication, social and emotional, difficulties, physical, learning and sensory disabilities, developmentally delayed students, those with autism spectrum and those who struggle to acquire reading, writing and math skills. There are few schools which show little resistance in their environment for the learning of these students. Such schools require strong management staff and administration to diminish such resistance. We can see that this issue is considered as an important agenda and that government along with