Intro to Cultural Anthropology Essay Example | Topics and Well Written Essays - 500 words

Intro to Cultural Anthropology - Essay Example Body art has the ability to express one's individuality as well as one's group identity. In terms of American culture, one of the things that body art is often used to portray is one's status in society. With just a quick glance, we can often tell what status someone is. While upper class people could easily wear old, raggedy clothes and not spend a lot of money on stylish hair cuts, manicures, jewelry and so forth, they choose to do so in order to portray their high status and achievements. Another example of a message portrayed by body art in America is the rebellious stage known as adolescence. It is not uncommon to witness teens displaying body art such as hair dyed an unnatural hair color or clothes that are all black or somehow different from traditional, acceptable clothing. For other cultures around the world body art can be used not only to portray status and rebellion, but it can be used to signify the coming of age, membership in a tribe or gang, or appealing or connecting to spirits or ancestors, among other things. One of the consequences of body art on society is its potential for misinterpretation. The messages that body art conveys to the people in one culture may not translate the same way to people from another culture. For example, a woman living in America may wear revealing clothes, such as a short skirt and a sleeveless or low-cut shirt.

The Union of Soviet Socialist Republics Essay Example for Free

The Union of Soviet Socialist Republics Essay The Union of Soviet Socialist Republics (abbreviated USSR), otherwise called the Soviet Union, was a constitutionally-based socialist state that existed in Eurasia from 1922 to 1991. It emerged from the Russian Empire after 1917 Russian Revolution and the Russian Civil War that occurred from 1918–1921; the USSR emerged as a union of several Soviet republics. The geographical boundaries of the USSR varied with time; however, the last territorial conglomerations of the Baltic states, eastern Poland, Bessarabia, and other territories within the region during World War II, from 1945 until dissolution the boundaries approximately included those of late Imperial Russia, with the notable exclusions of Poland, most of Finland, and Alaska. During the Cold War, the Soviet Union and the United States of America were the two contending world superpowers that dominated the global agenda of various economic policy, cultural exchange, foreign affairs, military operations, advancements in science and technology, space technology and sports. Soviet propaganda was not known for its intricacy. Citizens of the USSR saw the agenda as stern and authoritarian in conformity to the foundational policies it stood for. Even the buildings were designed to nuisance and imposing. It was difficult to reminisce of happy childhood memories. Despite the tough policies of the Party, a new wave of nostalgia for Communist times surfaced in Russia. Apparently, time has glossed over memories of Soviet hardships, giving way to warm and fuzzy feelings for times of old. This is confirmed by the study by the Yuri Levada Analytical Center, Russias most widely-respected polling agency; 67 percent of Russians say they regret the fall of the USSR. The ultimate experience in over-the-top state promotion: the Soviet theme park is known by its Russian initials, VDNKh, it is a case study in architecture as propaganda on the outskirts of Moscow. VDNKh is a monstrous 578-acre park in northwest Moscow, (accessible via the Kaluzhsko-Rizhskaya metro line). It houses more than 80 pavilions and monuments originally designed to showcase the achievements of the USSR. Each one is devoted to a specific aspect of the Soviet Union: agriculture, economics, science, industry and hunting, to name a few. And of course, theres the cosmonaut pavilion. The place is a theme park of ideology, a carnival of communism. VDNKh was designed solely to boost the glory of the State. Welcome to Soviet Disneyland. The years following the Empires collapse saw a knee-jerk purge of all things Soviet from public spaces: streets were renamed, commemorative plaques were defaced, and hundreds of statues were torn down. Indeed, VNDKh is one of the few bastions of the Soviet State left those generations too young to remember the Empire can visit. For them, VDNKh must function as a kind of surreal testament to the entirely different world they would have lived in, had they only been born some years earlier. For tourists, its an intriguing chance to encounter the onetime showpiece of the Soviet Union. For older Russians, its either a source of nostalgia or simply an eyesore. A walk through VDNKh provokes a deep sense of irony. The city of Moscow, lacking the funds to either tear down or reconfigure the site, has rented out the space inside the buildings to dealers of cheap electronics, furniture, toys, clothing and even handguns. The site now functions as a gigantic marketplace for goods of every description. None of the exterior facades or monuments has been removed. Buildings topped with nine-foot-tall bronze hammers and sickles are now makeshift bazaars where shady dealers peddle cheap Chinese electronics. Here, at the former epicenter of all things Communist, capitalism mushrooms. But thats old news. New thinking is taking root. According to a number of writers, Russians have been slowly redressing their attitudes towards their country, its economy and the plight of the ordinary Russian. The frenzied fetish for all things Western that swept the nation during the decade following the fall of the USSR seems to have dropped off, replaced by a new reverence for the old system. For many, nostalgia for the Soviet era goes deeper than memorabilia and public monuments. A growing number of Russians pine for a return to red ideology. According to French journalist Jean-Marie Chauvier, Russians are jaded by the fact that most are worse off now then they were under communism, as the country is now run by a core of private oligarchs. Neo-Communist political parties have repeatedly tried to pounce on this. Glossing over the gulags, censorship and bread lines of the old system, they call for a return to the guaranteed security of Communist days. More and more people are listening. A trip to VDNKh illuminates this new wave of thinking. Its been 70 years since the place was built, and more than a decade since it was used as intended. As a free-wheeling market, kitsch and nostalgia replace reverence and fear as the dominant feelings in the place. Now that its little more than a bazaar where anything goes, its easy to forget old atrocities and wish to return to a rosier past. The same goes; it seems, for Russia herself. Aleksandr Isayevich Solzhenitsyn (born on December 11, 1918) is a Russian novelist, dramatist and historian. Through his writings, he made the world aware of the Gulag, the Soviet labor camp system, and, for these efforts, Solzhenitsyn was awarded both the Nobel Prize in Literature in 1970 and exiled from the Soviet Union in 1974. He returned to Russia in 1994. In 1994, he was elected as a member of Serbian Academy of Sciences and Arts in the Department of Language and Literature. He is the father of Ignat Solzhenitsyn, a well-known conductor and pianist. In his work Solzhenitsyn continues the realistic tradition of Dostoevsky and Tolstoy and complements it with his views concerning the flaws of both East and West. Throughout the 1960s and 70s he produced a number of major novels based upon his own experiences of Soviet prisons and hospital life under the communist dictator Joseph Stalin. Later in his life Solzhenitsyn saw that his primary mission was to rewrite the Russian history of the revolutionary period in the multivolume work The Red Wheel (1983-1991). At the age of 42, Solzhenitsy had written a great deal secretly, but published nothing. After Nikita Khrushchev had publicly condemned the cult of personality an attack on Stalins heritage the political censorship loosened its tight grip. Solzhenitsyns first book, One Day in the Life of Ivan Denisovich, appeared the following year in the leading Soviet literary journal Novyi Mir. It marks the beginning of Soviet prison-camp literature. Solzhenitsyn uses third-person direct speech to examine Soviet life through the eyes of a simple Everyman. Written in a direct style, it describes the horrors of just one day in a labor camp. The book found success both in the USSR and the West, and was compared with Fedor Dostoyevskys novel House of the Dead. When they announced on the radio that some new machine had been invented, I heard Matryona grumbling out in the kitchen, New ones all the time, nothing but new ones. People dont want to work with the old ones any more, where are we going to store them all? (From Matryonas Home, 1963) Historical views During his years in the west, Solzhenitsyn was very active in the historical debate, discussing the history of Russia, the Soviet Union and communism. He tried to correct what he considered to be western misconceptions. Communism, Russia and nationalism It is a popular view that the October revolution of 1917 resulting in a violent totalitarian regime was closely connected to Russias earlier history of tsarism and culture, especially that of Ivan the Terrible and Peter the Great. Solzhenitsyn claims that this is fundamentally wrong and has famously denounced the work of Richard Pipes as the Polish version of Russian history. Solzhenitsyn argues that Tsarist Russia did not have the same violent tendencies as the Soviet Union. For instance, in Solzhenitsyns view, Imperial Russia did not practice censorship; political prisoners were not forced into labor camps and in Tsarist Russia numbered only one ten-thousandth of those in the Soviet Union; the Tsars secret service was only present in the three largest cities, and not at all in the army. The violence of the Communist regime was in no way comparable to the lesser violence of the tsars. Instead of blaming Russian conditions, he blamed the teachings of Karl Marx and Friedrich Engels, arguing that Marxism itself is violent. His conclusion is that Communism will always be totalitarian and violent, wherever it is practiced. There was nothing special in the Russian conditions that affected the outcome. He also criticized the view that the Soviet Union was Russian in any way. He argued that Communism was international and only cared for nationalism as a tool to use when getting into power, or for fooling the people. Once in power, Communism tried to wipe clean every nation, destroying its culture and oppressing its people. According to Solzhenitsyn, the Russian culture and people were not the ruling national culture in the Soviet Union. In fact, there was no ruling national culture. All national cultures were oppressed in favor of an atheistic Soviet culture. In Solzhenitsyns opinion, Russian culture was even more oppressed than the smaller minority cultures, since the regime was less afraid of ethnic uprisings among these. Therefore, Russian nationalism and the Orthodox Church should not be regarded as a threat by the west, but rather as allies that should be encouraged Minor Works Solzhenitsyn published two anti-Stalinist short stories in the January 1963 issue of Novy Mir: Incident at Krechetovka Station and â€Å"Matryona’s House. The first told of a military commandant of a railroad station in World War II who denounced a seemingly innocent man to the secret police and later regretted it. The second told of the struggle for survival of a poor and unassuming peasant woman. In summer 1963 Solzhenitsyn published another story in Novy Mir, For the Good of the Cause, which tells in ironic terms a tale of Khrushchevan bureaucrats acting in the manner of junior Stalins. REFERENCE: Old USSR Posters about Stalin and Soviet people (from 30th) http://www.pbs.org/redfiles/prop/ http://en.wikipedia.org/wiki/Aleksandr_Solzhenitsyn http://www.flakmag.com/features/vdnkh.html http://www.litweb.net/biography/358/Aleksandr_Solzhenitsyn.html

Comparing Ray Bradbury‟s Fahrenheit 451 and Suzanne Collin‟s The Hunger Games :: compare contrast

Fahrenheit 451 and the Hunger Games are both intertwined with a futuristic version of human entertainment and a society absent of religion. Both societies are subjected to gruesome and brutal activities as a form of enjoyment. The desire for a thrill and an adrenaline rush dominates the minds of most people. In Fahrenheit 451, it’s very likely that many people succumb to their deaths from accidents but can easily replaced by members of the parlor family who they accept as their own. In the same way, The Hunger Games consists of exactly what the title suggests. They are annual games, which include starving and murder and serve as society’s primary source of entertainment. Most people don’t enjoy watching the games but, the Capitol forces the districts to watch for it believes they are a good source of entertainment. Seeing how the Hunger Games are basically murdering each other until the last child is standing, it relates closely with the kind of entertainment that the society of Fahrenheit 451 provides with the adrenaline and thrill of the same kind. The people in Fahrenheit 451 like their source of entertainment in the way they approach it but the instances of conformity remains the same. This is unlike that of the people of the districts in The Hunger Games. There is indeed a difference between the two societies yet, in the Hunger Games there is less time for many because so many people are working toward survival, while in Fahrenheit 451, entertainment is something that people do daily. The existence of adrenaline entertainment is similar in both societies. Yet they differ in whether or not the people actually like the entertainment. Another blaring difference between the two societies in Fahrenheit 451 and the Hunger Games is that of their government. The form of government in Fahrenheit 451 consists of a democracy whereas the Hunger Games government is corrupt and resembles nothing of a democracy. Even though we may see the world of Fahrenheit 451 as strange and bad there is still a democracy, which we consider to be fair. A similarity between the two governments systems would be how they both suppress things much like it is today, that each government believes could hurt the stability of society. The Hunger Games government suppresses interaction between districts to instill conformity because they know if there was interaction it could cause unhappiness and take away from the level of cooperation between the people and the government.

Jose Rizal in UST Essay

Fortunately, Rizal’s first romance, with its bitter disillusionment, did not adversely affect his studies in the University of Santo Tomas. His love for higher education proved to be greater than his love for a pretty girl. After finishing the first year of the course in Philosophy and Letters (1877-780), he transferred to a medical course. During the year of his studies in the university, which was under the Dominicans, rival education of the Jusuits, he remained loyal to Ateneo, where he continued to participate in extra curricular activities and where he completed the education course in surveying. As a Thomasian, he won more literary laurels, had more romances with girls, and fought against Spanish students. Mother’s position to higher education. After graduation with the highest position in Ateneo, Rizal had to go the University of Santo Tomas in order to prepare himself to a private career. The Bachelor of Arts degree during Spanish times was equivalent to a high school diploma today. It merely qualified its holder to enter a university. Both Don Francisco and Paciano that Jose should pursue a higher learning. But Dona Teodora did not want him to study more. Evidently she had a premonition that to much knowledge would imperil his child life. In a family council in the Rizal’s home in Calamba, she vigorously objected to have her beloved Jose acquired a higher education. She was thinking of the safety of her son. She know the fate of Filipino intellectuals-Father Burgos, Dr. Antonio Ma. Regidor,Jose Ma. Basa, and others of 1872-who were either executed or exiled by the Spanish authorities, and blamed their sad fate to their learning. Fearful of the Spanish authorities who seem to frown on those Filipinos who learn to much, she warned her husband. â€Å"Do not send Jose again to Manila. If gets to know to much, they will cut off his head!† Jose, who was present in their family council when his mother said this, was shocked. He know her mother was a woman o education and culture: she even taught him and inspired him to write poetry; she came from a family of high learning – her own brother ( and his uncle)Jose Alberto Alonso had been educated abroad and could speak multiple Spanish, French, English and German. Rizal enters the university. In April 1877, Rizal, who was bearly16 years old, matriculated in the University of Santo Tomas taking up Philosophy and Letters. He enrolled in this course for two reasons: (1) his father like it and (2) he was â€Å"still uncertain to what career to follow†. He had written to father Pablo Ramon, Rector of the Ateneo, who had been good to him during his days in Ateneo, asking for advice in the choice of career. Unfortunately, Father Recto was in Mindanao and during those days it several months to travel a letter from Manila to Mindanao. Consequently during his first term (1877-78) in the University of Santo Tomas he studied Cosmology, Metaphysics, Theodicy and History of Philosophy. It was during the school term (1978-79) that Rizal took up medicine, enrolling simultaneously in preparatory medical course and the regular first year medical course. Reasons Why Rizal Hate UST 1. Filipino Students are racially discriminated 2. Dominican Friars are hostile to him 3. The method of teachings were obsolete and repressive Reasons Why Rizal Took Up Philosophy & Letters 1. He is not certain as to what course to take 2. His father like it Reason For Taking Medical Studies 1. It is the advice of the Rector of Ateneo, whom he consulted for a choice of career, finally answered his letter, and recommended medicine. 2. He wanted to be a physician so that he may cure his mother’s failing eyesight. Rizal’s Love Affairs in UST Leonor â€Å"Orang† Valenzuela Leonor Valenzuela the fourth girlfriend of Rizal. Several months after during Rizal sophomore year at the University of Santo Tomas, he boarded in the house of Doà ±a Concha Leyva in Intramuros. The next door neighbors of Doà ±a Concha were Capitan Juan and Capitana Sanday Valenzuela, parents of a charming girl named Leonor. Rizal a medical student from Calamba was a  welcomed visitor in the Valenzuela home, where he was the life of the social parties because of his clever sleight of hand tricks. He courted Leonor Valenzuela, who was a tall girl. Almost as tall as Jose himself, and had a regal bearing. He sent her love notes written in invisible ink. This ink consisted of common table salt and water. It left no trace on the paper. Rizal, who knew his chemistry, taught Orang (pet name of Leonor Valenzuela) the secret of reading any note written in the invisible ink by heating it over a candle or lamp so that the letter may appear. But as with Segunda, he stopped short of proposing marriage to Orang. Romances with other girls After Segunda Katigbak he courted a certain â€Å"Miss L†. After a few visit he stopped wooing her. After Miss L he courted Leonor Valenzuela (Orang) but stop short of proposing marriage. Rizal’s next romance was with his cousin Leonor Rivera. Between Jose and Leonor spranga beautiful romance and became engage. In 1879, the Liceo Artistico – Literario (Artistic Literarylyceum) of Manila held literary contest it offered a prize for the best poem by a native or a mestizo. Rizal submitted his poem â€Å"A La Juventud Filipina†. (ToThe Youth Filipino).The board of judges was impressed of Rizal poem and gave it the first prize consisted of a silver pen, feathered shaped and decorated with a gold ribbon. The inspiring poem beseeched the Filipino youth to rise from the laziness. Finishes Surveying course in Ateneo (1878) During his term in University of Santo Tomas (1877 – 78, Rizal also studied in Ateneo, he took the vocational course leading to a title of porito agrimensor (expert surveyor)). In those days it should be remembered, the college for boys in Manila offered vocational courses in agriculture, commerce, mechanics and surveying. Rizal’s unhappy days at UST. Rizal’s Ateneo boy wonder, found the atmosphere at the UST a suffocating to his sensitive spirit. He was unhappy of this Dominican Institution of high learning because (1) the Dominican processors were hostile to him, (2) the Filipino students were racially discriminated, and (3) the method of teachings were obsolete and repressive. Decision to study abroad After finishing the fourth year of his medical course, Rizal decided to study  in Spain. He could no longer endure the rampant bigotry, discrimination, and hostility in UST. His uncle, Antonio Rivera, Leonor’s father, encourage him to go abroad. Both Paciano and Saturnina, whom he contacted secretly, were of similar opinion. For the first time, Rizal did not seek his parent’s decision and blessing to go abroad, because he knew that they, especially his mother will disapprove his plan. He did not also bring his beloved Leonor in his confidence. He had enough common sense to know that Leonor, being a woman, and young and romantic at that, could not keep a secret. Thus, Rizal’s parent, Leonor, and the Spanish authorities knew nothing of his decision to go abroad in order to finish his medical studies in Spain, where the professors were more tolerant and understanding than those of the University of Santo Tomas. In 1880, the artistic literary lyceum opened another literary contest to commemorate the fourth centennial of the death of Cervantesand was opened to both Filipinos and Spaniards. Many writers participated including Rizal who submitted an allegorical drama entitled†El Consejo de losDioses† (The council of the Gods). Rizal won and for the first time, an indio defeated several Spanish writer. Other Rizal literary work as an Thomasian: â€Å"Junto al Pasig â€Å", â€Å"Abd-el-Azis y mahoma†, â€Å"Al M.R.P. Pablo Ramon†. Rizal was the champion of the Filipino students in their frequent fight against Spanish students. In 1880, Filipino students in UST Founded â€Å"Compaà ±erismo â€Å"and Rizal was the chief of his secret society and led various street fight.. After finishing the fourth year of his medical course, Rizal decided to study in Spain. He did not seek his parent’s permission. Thus Rizal’s parents, Leonor, and the Spanish authoriti es knew nothing of his decision to go abroad in order to finish his medical studies in Spain.

Law Cases Essay

Our whole economy is based on the freedom of individuals to contract and a system of laws that enforces contracts freely entered into. But a lot of people may not be aware of what are the essential elements required to make an enforceable contract . Recently I was asked if a contract not in writing is binding . We are so accustomed to seeing contracts in writing that many people assume that a contract must be in writing (and lengthy) before it is enforceable . To form a contract , there are no particular words that must be used by the parties . However , there must be an offer by one side and an acceptance of the offer by the person to whom the offer was made . Without both an offer and an acceptance , there can be no consensus ad idem or a meeting of the minds which is essential to form a contract. No conditions can be attached to the acceptance and the terms of the offer cannot be changed. If conditions are attached or terms are changed, the parties are merely negotiating and may u ltimately reach agreement on the terms of the contract. For example, if your response is that you will pay me $5.00 to cut the lawn but I must cut again next month for the same price, there is no contract. You have made a counter offer which I am free to accept or reject. Likewise, the acceptance cannot be conditional on some other events. In the same way the Lady Gaga has cancelled her concert at the O2 . Harry a local entrepreneur has got 500 T-shirts and he has asked Mike Baldwin a local shirt maker , if it is possible than is he able to print Lady Gaga on the front of the T-shirt . Mike agrees to do it but when Harry went there for collection he saw that the word print on all the T-shirt was Lad Gaga and even the ink of the print damage the material of the T-shirt which is not good . When Harry makes complain about it, Mike told him to refer the contract which is placed on the front door that limiting liability for damaged items to 20% of the value .According to this generally a clause will incorporated if the party has given reasonable notice . These was clearly illustrated in Thompson v LMS Railway . Here the claimant was injured whilst stepping off a train . The railway company displayed prominent notices on the platforms excluding liability personal injury and damage to property due to negligence . The tickets also stated they were subject to terms and conditions displayed on the platform . The claimant was illiterate and could not read the signs. She argued that the exclusion clause was not incorporated into the contract as the railway company had not brought the clause to her attention at the time the contract was made. The clause was incorporated . There is only a requirement to take reasonable steps to bring the clause to the attention of a reasonable person. There was no duty to ensure that every traveller was aware of the clause . The claimant was therefore unsuccessful in her claim for damages. (accessed on e-lawresouces .co.uk , 5/12/12 ) Clearly this objective test will very according to the facts of eagh case but there are a number of factors that are relevant in determining reasonableness in this context , one more thing is required and that is degree of notice . Harry had a small notice at the front door which is limitation clause and it is stated therefor that less onerous than exclusion clause . It may be common notice of trade because the actual size of the notice may be more significant .This has been proved by stating some more case laws such as , Thornton v Shoe Lane Parking , The claimant was injured in a car park partly due to the defendant’s negligence . The claimant was given a ticket on entering the car park after putting money into a machine . The ticket stated the contract of parking was subject to terms and conditions which were displayed on the inside of the car park . One of the terms excluded liability for personal injuries arising through negligence. The question for the court was whether the term was incorporated into the contract ie had the defendant brought it to the attention of the claimant before or at the time the contract was made . This question depended upon where the offer and acceptance took place in relation to the machine . The machine itself constituted the offer . The acceptance was by putting the money into the machine. The ticket was dispensed after the acceptance took place and therefore the clause was not incorporated into the contract. According to previous decision of Spurling v Bradshaw , it is stated that some clauses are to be printed in red ink and with the red hand arrow pointed towards the notice, which could be held in a sufficient way . This reason was further been supported by Court of Appeal . Another relevant factor for the Harry’s present question of reasonableness that is the timing of the notice to be handed . The most effective time for handing the notice is before the contract has been made otherwise it is too late . This has been made abundantly clear in cases such as Olley v Marlborough Court Hotel and Thornton v Shoe Lane Parking . That’s the reason that if Harry had contracted in advance of arriving at the counter , the notice would be too late . However if he arrived to complete the agreement then the clause could be part of the contract . These states that even if the limitation clause is incorporated into the contract than it does not mean that it is an effective clause . The law has sought to protect vulnerable parties from exemption clauses . This protection has take two forms :- Judicial control through the common law and statutory control since 1977 . The judicial approach is known as the contra proferentum rule. According to this , if there is any ambiguity in the wording than that is strictly constructed against the party which seeking to rely on it . Limitation clause are construed in a more liberal manner as they are not as harsh as exclusion clauses .In Ailsa Craig Fishing v Melvern Lord Fraser reffered to this strict principle when they applied , A contract between existed between Securicor and Aberdeen Fishing Vessel Owners Association whereby Securicor were to provide security cover in the harbour where the claimant’s vessels were moored . As a result of negligence and breach of contract the claimant’s vessels sunk. The contract contained a clause which provided that in the event of negligence or breach , Securicor would not be liable for any amount exceeding  £1,000 in any one claim and that it would not be liable for more than  £10,000 in any twelve month period . The House of Lords held that where the clause limits liability rather than excludes liability altogether the courts should apply the natural meaning of the clause and not be too eager to find ambiguity . So the court would be more lenient in their interpretation of Harry’s clause since it limits liability . If Harry’s clause is clear and unambiguous there would be no scope for application of the judicial control system . As in certain circumstances the clause can even cover a fundamental breach as in Photo Productions v Securicor . According to the Unfair Contract Terms Act 1977, the clause of Harry must be satisfactory . (accessed on Ailsa Craig fishing v Malvern Fishing (1983) . Here the Act clearly applies the Harry’s clause where a business seeks to exclude or limit liability . Under section 2(2) clauses attempting to exclude or limit liability for damaged property caused by negligence are subject to a test of reasonableness . The test is in section 11(1) and basically states that a clause is reasonable if in all surrounding circumstances of the case , than it is reasonable .This circular definition gives the trial judge a discretion to decide each case on it s own facts . under section 11(5) the burden of proving that the clause is reasonable is on the party seeking to rely on it .So Harry must prove that the clause is reasonable . Section 11(4 ) states two factors that the court must consider when determining the reasonableness of a limitation clause . Firstly the resource of party rely on the clause and also the question of whether he is in a position to insure against the risk of loss . Harry’s has the resource of profit making business as opposed to the resources of the community theatre and would also be able to insure against the risk of such losses . After determining the reasonableness of the clause which attempts to exempt liability implied in contracts for the sales of goods , this kind of act must be consider in court. However the courts such as House of Lords states certain factors in two different case laws , they are such as Smith v Bush down to the county court in Woodman v Photo Trade Processing . These two case law states that some of the factors of Schedule 2 are considered as case of negligence. According to the case law of Smith v Bush , it states that a survey report of the claimant’s house carried out by the defendant failed to advise on some structural damage to the property which resulted in the chimney breast collapsing. There was no contractual relationship between the claimant and defendant as the mortgage company arranged the survey and the claimant made payment to the mortgage company . The contract between the claimant and the mortgage company contained a clause exempting the surveyor from liability . In considering if such a clause was reasonable under the Unfair Contract Terms Act 1977 , the court took into account the fact that it was a modest house to be used as the family home and concluded that it was an unreasonable clause and therefore ineffective. The House of Lords held that it might be reasonable for a surveyor to exclude liability if the property was of higher value or to be used for investment or business purposes . According to this case law , they are generally relevant to question of reasonableness , here on of the factor is related to the bargaining strengths of the parties . (accessed on Smith v Eric Bush (1990) , 5/12/12) . In the case law of Woodman v Photo Trade Processing , Woodman sent wedding photographs to PTP for processing . The film was sent in an envelope which contained , printed on the outside , an exemption clause limiting liability to a replacement film . The film was lost due to negligence (it would now be considered as failure to exercise reasonable skill and care under s13 of the Supply of Goods and Services Act 1982). W sued. The court decided that this limitation on liability was (in these circumstances) unreasonable, since it was due to negligence that the film was lost , and the consumer had no choice over the contract. Since this decision , most postal film companies offer a choice of paying extra for insurance . Even with this option , there have been cases where these companies have been held to be acting unreasonably , because the clause has tended to be hidden , in small print on the envelope. (accessed on economic truth .co.uk , 5/12/12 ) . According to these two case laws, it is relevant that Harry and Mike are two businesses and would appear to have equality of bargaining strengths. This strength can be used as an opposition for both the customer and a business or even for any small business or multinational. Another relevant factor would be whether Mike’s knew or ought to known of the clause, perhaps from the trade . The trial judge suggested that the clause would be more reasonable if the customer had a choice from a two tier service, one will low costs but a high risk , and one with more protection but at a premium . The basic idea from this is logical , and if Harry does in fact offer such a two tier service it would go in his favour . In Phillips v Hyland Slade LJ , it demonstrates the action of the [Unfair contract terms act (1977)] . The plaintiff hire an excavator and driver from the defendant ; the driver negligently drove the excavator into the plaintiff’s building , causing damage . When sued for damages , the defendant relied on an exclusion clause that disclaimed liability for negligent actions of drivers . The plaintiff argued that the exclusion clause was inadmissible under the UCTA , which states that a clause disclaiming liability for damage resulting from negligence must be shown to be reasonable . The defendants tried to argue that the clause at issue was a duty-defining clause , and not an exclusion clause at all . The court , acting in the spirit of the UCTA , deemed that the clause was defensive , not duty-defining , and therefore an exclusion clause under the Act . The defendant also claimed that the clause was reasonable , and could therefore be upheld even if it were construed as an exclusion clause . The court held that the plaintiff , which hired excavators only rarely , was not in a position to estimate the risk involved in doing so ; the defendants , however , were operating in their main line of business , and should have been able to assess the risk accurately and take insurance to cover it . The clause was therefore deemed unfair and struck out .(accessed on lawiki.org/index.php , 5/12/12) . This application of the test of reasonableness turns on the facts of each case and will not be treated as binding precedent . So if the cause if similar to Harry’s than he had satisfaction of previous test of reasonableness , that is not to be taken as an indication of the validity of Harry’s clause . At the last it is clearly stated that this case is also turns on its own facts . REFERENCE :- * Ailsa Craig fishing v Malvern fishing (1983) , http://www.e-lawresources.co.uk/cases/Ailsa-Craig-fishing-v-Malvern-fishing.php , 5/12/12 . * Image of leadership and management , http://www.transitions coaching service.co.uk/page/1lko/about_us_ , 5/12/12. * Philips v Hyland Slade LJ (1987) , http://lawiki.org/index .php?title= Philips_ products_v_hyland_(1987)&action=edit ,5/12/12 . * Smith v Eric Bush (1990) 1 AC 831 , http://www.e-lawresources.co.uk/Smith-v-Eric-Bush.php ,5/12/12 . * Thompson v London ,Midland and Scotland Railway co , http://www.e-lawresources.co.uk/Thompson-v-London-Midland-and-Scotland-Railway-co.php , 5/12/12) . * Woodman v Photo Trade Processing 1981 , http://www.economic-truth.co.uk/?page_id=148 ,5/12/12 .

A Comparison of My Papas Waltz and Those Winter Sundays Essay Example

A Comparison of My Papas Waltz and Those Winter Sundays Essay Example A Comparison of My Papas Waltz and Those Winter Sundays Paper A Comparison of My Papas Waltz and Those Winter Sundays Paper Essay Topic: Literature Literature offers insight into human relationships. Poems, in particular, may uncover deep and often unresolved struggles that one may have with a loved one. In Theodore Roethkes My Papas Waltz and Robert Haydens Those Winter Sundays, the protagonists each have a troubled relationship with his father. It is evident that there is a central conflict between father and son, despite a genuine love for the former, which ultimately leads to an ironic response from the son. Both narrators in My Papas Waltz and Those Winter Sundays appear to have a conflict with their father. This can be seen in My Papas Waltz in that the narrator must cope with an apparent drunken father: The whiskey on your breath / Could make a small boy dizzy; (1-2). And when they waltz together, it is tragic, too, that the son must pay for his fathers mistakes: At every step you missed / My right ear scraped a buckle. (Roethke 11-12). The title of the poem itself in using the word My in My Papas Waltz rather than Our symbolizes his father being intoxicated, in that the waltz is actually his own drunken walk. The apparent agon is developed in to more than just a psychological struggle, in to what appears to be physical abuse: The hand that held my wrist was battered on one knuckle (Roethke 9-10). Breaking this statement in to two parts and with no further explanation as to why the fathers knuckle is battered, it implies that not only does he hit his loved ones, he moreover shows no love; The father should be holding his sons hand when they dance, yet he holds his wrist as if to say let go of me. Having a troubled father is evident as well in the eyes of the narrator of Those Winter Sundays, when after working hard all week, his father comes home to an ungrateful family: Sundays too my father got up early and put his clothes on in the blueblack cold, then with cracked hands that ached from labor in the weekday weather made blanked fires blaze. No one ever thanked him. (Hayden 1-5) There appears to be a conflict between members of the household, further illustrated by the statement which reveals there are chronic angers of that house. (Hayden 9). However, it is important to note that the narrator himself never once shows ingratitude for his fathers hard work he refers to the tension of that house, and may not have been referring to himself in pointing out that No one ever thanked him. (Hayden 5). Otherwise, he may have continued in the first person point of view and emphasized rather I never thanked him. Regardless, there appears to be a struggle at hand for both narrators. Despite conflicts of the household and obvious troubled fathers, the sons of each poem still have a genuine love for their dads. In My Papas Waltz, the son/narrator recognizes that his dad works hard for the family with a palm caked hard by dirt (14), and in turn wants to help his drinking problem. For this purpose, he dances with his dad willingly. He acknowledges his mothers presence, yet chooses not to dance with her. And although he claims Such waltzing was not easy (Roethke 4), he hung on like death (Roethke 3) in fear of what may happen if he falls asleep possibly, his father may drink again and physically abuse his mother. It is not until the final stanza of Those Winter Sundays where the son, too, shows appreciation for his fathers hard work, and in effect, a genuine love for him. He firstly emphasizes the word too in line 1: Sundays too my father got up early to acknowledge the fact that not only did he work during the blueblack cold (Hayden 2) days of winter, but even on Sundays a day reserved by most, to rest. Tone and order in this stanza are particularly important to demonstrate the sons love: Speaking indifferently to him, who had driven out the cold and polished my good shoes as well. What did I know, what did I know of loves austere and lonely offices? (Hayden 10-14) Naturally, if he had still wanted to show hatred toward his father, he would have put line two and line three of this stanza before line one, as if to say even though his father did good deeds, he still spoke cruelly to him. And although this one insensitive gesture of speaking indifferently to him is made known, the tone is immediately changed (as a sort of bildungsroman) to that of regret, shown by repetition (verse 13) in his look back at the way he treated his father. In truth, the narrator repeatedly acknowledges his fathers hard work, an irrefutable sign of love for him. Yet it is only the fear of that angry household mentioned earlier, which makes him act hostile toward his father. Both narrators seemingly love their father, yet their behavior ironically shows otherwise. An incongruity between expectation and reality is present in both poems. The son in My Papas Waltz speaks of an alcoholic and domineering father. The latter is ascertaining when the boy says: My mothers countenance could not unfrown itself. (Roethke 7-8). Using the words could not as opposed to did not explains a certain predicament the mother holds against her spouse that she has no choice but to show a distressing face and likely has no control over the unpleasant situation of the kitchen rumble. It seems the case that a small child would be fearful of this type of father figure, and consequently run away or repress from the burdens of a not-so-ideal relationship. However, he does just the opposite as he explains whilst his father brings him to bed, (I was) Still clinging to your shirt. (Roethke 16). Whereas the final line of this poem is the quite shocking denouement and petty resolution to a seemingly continuous agon, the conflict is resolved in Those Winter Sundays, yet not withstanding irony. Expectation holds that when a son realizes the warmth (figuratively and literally, in this case) his father brings, he will show sincere gratitude. Yet the reality of this case reveals that even while having a transparent love for his father, a negative demeanor is displayed. In the same way, the statement, When the rooms were warm, hed call, / and slowly I would rise and dress (Hayden 7-8) further illustrates paradoxical behavior; obviously there is the realization that a warm room had derived from his fathers hard work to set the fire ablaze. Still, the son shows no thanks by slowly responding to this kind gesture. It is not until after over three-quarters of the narrative is through does the author show remorse for his actions. He realizes he should have firstly overcome the disapproval that would have came from his family, and secondly, shown the love to his father that he truthfully felt as expected, rather than act antagonistic. The narrator of My Papas Waltz shows love toward an incompetent father, whereas the narrator of Those Winter Sundays shows a lack of appreciation to a hardworking father. In both Theodore Roethkes My Papas Waltz and Robert Haydens Those Winter Sundays, the narrators must each cope with a conflict with his father, and in spite of a sincere love for him, the son behaves ironically toward his parent as a result of this conflict. Just like these authors, many people are faced with family ordeals. The manner in which they are overcome, however, depends both on the weight of the problem at hand, and the internal strength of the person who chooses to manage such tribulations.

Great Wall of China essays

Great Wall of China essays The Great Wall of China is one of the largest building projects ever carried out. It stretches about 1,500 miles from Bo Hai off the Yellow Sea in the East to the Gansu province in the West. It is so large it can be seen from space. A majority of the wall was built between 500-3000 years ago. It is believed to be the largest graveyard in history because bones of the workers that died during construction were utilized along with the material to build the wall. The wall served to mark the boundary between the agricultural civilization of China and the civilization of the nomadic tribes of the north and northwest (www.travelchinaguide.com). "The Great Wall was considered to be a great asset to the first emperor, Chin Shih-Huang-Ti, known the founder of the Chin Dynasty. He and other states of north China joined together and extended the separate walls built by earlier states to serve as a defensive barrier against the nomads, especially the Turkish tribes. It took roughly ten years to complete and long hours of hard labor. Each stone is believed to be equal to one human life lost in its building. The cost of the wall in money and lives may have been a factor in the fall of the Chin Dynasty." (AOL's Academic Assistance Center). Construction of the Great Wall began in 400 BC. The first emperor of China, Chin Shih-Huang-Ti, wanted the wall built to protect his people from Mongolian invaders. He ordered just about one million people to work day and night for ten years to build the wall. The workers were not allowed to rest and those that complained or ran away, were captured and buried alive. The people, who died while working, were buried in the wall because the emperor did not want to waste time giving them proper burials. After ten years of hard labor, the wall was finished. The emperor Chin Shih Huang-Ti believed that his defensive barrier would prevent invasion of the Mongolian tribes. Even though the Great...