John McClernand Civil War Union Major General

John Alexander McClernand was born May 30, 1812, near Hardinsburg, KY. Moving to Illinois at a young age, he was educated in local village schools and at home. First pursuing an agricultural career, McClernand later elected to become a lawyer. Largely self-educated, he passed the Illinois bar exam in 1832. Later that year McClernand received his first military training when he served as a private during the Black Hawk War. A devout Democrat, he founded a newspaper, the Shawneetown Democrat, in 1835 and the following year was elected to the Illinois House of Representatives. His initial term lasted only a year, but he returned to Springfield in 1840. An effective politician, McClernand was elected to the US Congress three years later. The Civil War Nears During his time in Washington, McClernand violently opposed the passage of the Wilmot Proviso which would have banned slavery in the territory acquired during the Mexican-American War. An anti-abolitionist and staunch ally of Senator Stephen Douglas, he aided his mentor in passing the Compromise of 1850. Though McClernand left Congress in 1851, he returned in 1859 to fill the vacancy caused by the death of Representative Thomas L. Harris. With sectional tensions rising, he became a firm Unionist and worked to advance Douglas cause during the election of 1860. After Abraham Lincoln was elected in November 1860, Southern states began leaving the Union. With the beginning of the Civil War the following April, McClernand commenced efforts to raise a brigade of volunteers for operations against the Confederacy. Eager to maintain a wide base of support for the war, Lincoln appointed the Democratic McClernand a brigadier general of volunteers on May 17, 1861. Early Operations Assigned to the District of Southeast Missouri, McClernand and his men first experienced combat as part of Brigadier General Ulysses S. Grants small army at the Battle of Belmont in November 1861. A bombastic commander and political general, he quickly irritated Grant. As Grants command was expanded, McClernand became a division commander. In this role, he took part in the capture of Fort Henry and Battle of Fort Donelson in February 1862. At the latter engagement, McClernands division held the Union right but failed to anchor its flank on the Cumberland River or another strongpoint. Attacked on February 15, his men were driven back nearly two miles before Union forces stabilized the line. Rescuing the situation, Grant soon counterattacked and prevented the garrison from escaping. Despite his error at Fort Donelson, McClernand received a promotion to major general on March 21. Seeking Independent Command Remaining with Grant, McClernands division came under heavy attack on April 6 at the Battle of Shiloh. Helping to hold the Union line, he took part in the Union counterattack the next day which defeated General P.G.T. Beauregards Army of the Mississippi. A constant critic of Grants actions, McClernand spent much of the middle of 1862 conducting political maneuvering with the goal of either displacing Major General George B. McClellan in the east or obtaining his own command in the west. Obtaining a leave of absence from his division in October, he traveled to Washington to lobby Lincoln directly. Desiring to maintain a Democrat in a senior military position, Lincoln ultimately granted McClernands request and Secretary of War Edwin Stanton gave him permission to raise troops in Illinois, Indiana, and Iowa for an expedition against Vicksburg, MS. A key location on the Mississippi River, Vicksburg was the last obstacle to Union control of the waterway. On the River Though McClernands force initially only reported to Union General-in-Chief Major General Henry W. Halleck, efforts soon commenced to limit the political generals power. This ultimately saw orders issued for him to take command of a new corps to be formed out his current force once he united with Grant who was already operating against Vicksburg. Until McClernand rendezvoused with Grant, he would remain an independent command. Moving down the Mississippi in December he met Major General William T. Shermans corps which was returning north after its defeat at Chickasaw Bayou. The senior general, McClernand added Shermans corps to his own and pressed south aided by Union gunboats led by Rear Admiral David D. Porter. En route, he learned that a Union steamer had been captured by Confederate forces and taken to Arkansas Post (Fort Hindeman) on the Arkansas River. Re-routing the entire expedition on Shermans advice, McClernand ascended the river and landed his troops on January 10. Attackin g the next day, his troops carried the fort in the Battle of Arkansas Post. Issues With Grant This diversion from the effort against Vicksburg greatly angered Grant who saw operations in Arkansas as a distraction. Unaware that Sherman had suggested the attack, he complained loudly to Halleck about McClernand. As a result, orders were issued allowing Grant to take complete control of the Union troops in the area. Uniting his forces, Grant shifted McClernand into command of the newly-formed XIII Corps. Openly resentful of Grant, McClernand spent much of the winter and spring spreading rumors regarding his superiors supposed drinking and behavior. In doing so, he earned the enmity of other senior leaders such as Sherman and Porter who saw him as unfit for corps command. In late April, Grant elected to cut loose from his supply lines and cross the Mississippi south of Vicksburg. Landing at Bruinsburg on April 29, Union forces pressed east towards Jackson, MS. Turning towards Vicksburg, XIII Corps was engaged at the Battle of Champion Hill on May 16. Though a victory, Grant believed that McClernands performance during the battle was lacking as he had failed to press the fight. The next day, XIII Corps attacked and defeated Confederate forces at the Battle of Big Black River Bridge. Beaten, Confederate forces withdrew into the Vicksburg defenses. Pursuing, Grant mounted unsuccessful assaults on the city on May 19. Pausing for three days, he renewed his efforts on May 22. Attacking all along the Vicksburg fortifications, Union troops made little headway. Only on McClernands front was a foothold gained in the 2nd Texas Lunette. When his initial request for reinforcements was declined, he sent Grant a misleading message implying that he had taken two Confederate forts and that another push might win the day. Sending McClernand additional men, Grant reluctantly renewed his efforts elsewhere. When all of the Union efforts failed, Grant blamed Mc Clernand and cited his earlier communications. With the failure of the May 22 assaults, Grant commenced a siege of the city. In the wake of the assaults, McClernand issued a congratulatory message to his men for their efforts. The language used in the message sufficiently angered Sherman and Major General James B. McPherson that they lodged complaints with Grant. The message was also printed in Northern newspapers which was in contravention of War Department policy and Grants own orders. Having been constantly annoyed with McClernands behavior and performance, this breach of protocol gave Grant the leverage to remove the political general. On June 19, McClernand was officially relieved and command of XIII Corps passed to Major General Edward O. C. Ord. Later Career Life Though Lincoln backed Grants decision, he remained cognizant of the importance of maintaining the support of Illinois War Democrats. As a result, McClernand was restored to command of the XIII Corps on February 20, 1864. Serving in the Department of the Gulf, he battled illness and did not take part in the Red River Campaign. Remaining in the Gulf for much of the year, he resigned from the army due to health issues on November 30, 1864. Following the assassination of Lincoln the following year, McClernand played a visible role in the late presidents funeral proceedings. In 1870, he was elected circuit judge of the Sangamon District of Illinois and remained in the post for three years before resuming his law practice. Still prominent in politics, McClernand presided over the 1876 Democratic National Convention. He later died on September 20, 1900, in Springfield, IL and was buried at citys Oak Ridge Cemetery. Selected Sources History of War: John A. McClernandUS Congress: John A. McClernandMr. Lincoln Friends: John A. McClernand

Essay about Emotionally Intelligent Leadership - 1226 Words

More recently, is the work of Daniel Goleman. Goleman defines emotional intelligence as a blend of Gardner’s interpersonal and intrapersonal intelligence. Goleman suggests â€Å"softer skills such as empathy, intuition, self and social awareness are what distinguish great leaders and successful companies†. These soft skills are found deep within ourselves and our minds. â€Å"The most primitive part of the brain, shared with all species that have more than a minimal nervous system, is the brainstream surrounding the top of the spinal cord. This root brain regulates basic life functions like breathing and the metabolism of the body’s other organs, as well as controlling stereotyped reactions and movements† (Goleman, 1995). The emotional centers that†¦show more content†¦Goleman suggests that self-awareness (recognizing feelings as they happen) is the key to EI. 2) Managing one’s emotions. This is the ability to handle feelings so that they a re appropriate. 3) Motivating oneself. Containing, ordering and controlling emotions while working toward a goal is critical to stay on track. 4) Recognizing emotions in others. One of the most fundamental people skills is to have empathy, the ability to recognize other’s feelings based on having had similar feelings yourself. 5) And lastly, properly handling relationships. â€Å"People are beginning to realize that success takes more than intellectual excellence or technical prowess†¦ Internal qualities such as resilience, inititative, optimism, and adaptability are taking on a new valuation† (Goleman, 1998). Emotions generate very powerful chemicals that can create positive feelings, such as motivation and enthusiasm, or they can create negative responses, such as offending and even attacking others. When an emotionally charged situation occurs, understanding the process-taking place then and they can help leaders become more objective decision-makers. Although a certain level of cognitive intelligence opens the door for many people, emotional intelligence is critical to becoming a successful leader. Cognitive intelligence has historically been considered a good indicator of future success within our society. A study by Daniel Goleman, an author and psychologist digsShow MoreRelatedEmotional Intelligence Of Leaders By Daniel Goleman1322 Words   |  6 Pagesstrengths and weaknesses are. Emotion management is exhibiting good self-control and limiting impulsive reactions. Leaders who allow themselves to be governed by anger, fear, anxiety, and sadness cannot provide effective, confident, authoritative leadership. Goleman references a Stanford University study which showed that children with better impulse control, in this case delaying gratification, outperformed their impulsive counterparts years later on the Scholastic Aptitude Test (SAT). MotivatingRead MoreManagement Assignment: Human Intelligence Essay1292 Words   |  6 PagesTraditionally organisations have concentrated upon the intelligence of individuals and held the point of view that intelligent people in terms of IQ s ucceeded more. However, these ideas are continually challenged by the idea of emotional intelligence being key indicators of management performance (cited in Khosravi, Manafi, Hojabri, Aghapour and Gheshmi, 2011, pg 3). Emotional intelligence is ones ability to perceive and regulate other people’s emotions (cited in Sadri, 2012, pg 536). In presentRead MoreEmotional Intelligence And The Nurse Essay1449 Words   |  6 Pages2012). This ability is known as emotional intelligence and offers the nurse a capacity to assume successful leadership positions. Emotionally intelligent skill building for leadership is now a required competency and encompasses spiritually rich aspects of both nursing and leadership. This paper will discuss useful aspects of emotional intelligence in spiritually rich nursing leadership. Emotional Intelligence There are many definitions of emotional intelligence. Daniel Goleman discussed thisRead MoreThe Effects Of Emotional Intelligence On Health Care Professionals1716 Words   |  7 Pagesthe application in nursing practice, my own personal practice, as well as how it has led to my personal growth. Utilizing the leadership role of emotional intelligence allows nurses and other professionals to become vulnerable in their practice in order to build strong connections, relationships, and most importantly, to become more connected with themselves. This leadership role will set us up for success in order to create an environment for optimal functioning, and to achieve the desired therapeuticRead MoreEmotional Intelligence : The Impact Vulnerability Has On Leadership Within Nursing Care1520 Words   |  7 PagesEmotional Intelligence: The Impact Vulnerability Has On Leadership within Nursing Care Empathy is used to describe a wide range of experiences. It is the â€Å"capacity† to share and understand other people’s emotions and another’s â€Å"state of mind†. Empathy is being able to imagine what someone else might be thinking or feeling, while maintaining a state of vulnerability to one’s previous experiences, biases, and emotions. Empathy is a very powerful concept that is often misunderstood, or discountedRead MoreEmotional Intelligence And Its Effect On The Job Satisfaction Of Employees Essay1645 Words   |  7 Pageswhich could be due to behaviour or leadership styles. It is inconclusive which of these reasons, if any, are the cause of the positive correlation due to the lack of overwhelming support for any one cause and the biases of the studies. Emotional intelligence was referred to by Mayer and Salovey (1997) as a set of abilities to do with understanding, perceiving, appraising, expressing, and regulating emotion (as cited in Das Ali, 2014). An emotionally intelligent manager can understand and react toRead MoreEmotional Intelligence And Effective Leadership1426 Words   |  6 Pages Assignment 1: Emotional Intelligence and Effective Leadership Vigilkumar C. Patel BUS520: LEADERSHIP AND ORGANIZATIONAL BEHAVIOUR Dr. Eartha Eve Barnett October 29th 2015 â€Å"Emotional Intelligence and Effective Leadership†, one of the most important constructs in leadership today is the concept and application of emotional intelligence (EI). Emotional Intelligence (EQ or EI) is a term created by two researchers named Peter Salavoy and John Mayer who developed it as a psychological theoryRead MoreEmotional Intelligence And Effective Leadership1107 Words   |  5 PagesEmotional Intelligence and Effective Leadership Emotional intelligence is defined as the ability to manage one’s emotions in an intelligent manner such that they do not affect the decision-making process. It is also the ability to understand other people emotions, to know the reason for their behaviors and thus be able to communicate with them (Mayer, 2006). Emotional intelligence involves one’s proficiency in realizing and then being able to behaviors, moods and impulses and thus managingRead MoreEmotional Intelligence, By John Mayer And Peter Salovey1445 Words   |  6 PagesGoleman refers to relationship management as â€Å"inspirational leadership (Goleman, Boyatzis, McKee, 2002).† After studying both the four branch model and Goleman s writings, one of the characteristics of emotional intelligence as I understand it is the ability to manage feelings and handle stress. Instead of those feelings and stress becoming a hindrance, the emotionally intelligent individual knows how to use them. The emotionally intelligent leader makes these traits work for them, not only to betterRead MoreOrganizational Behavior and Leadership Style1329 Words   |  5 Pagesï » ¿Organizational Behavior and Leadership Style Abstract: This paper examines the leadership position I would occupy in the fictional Commerzbank and details the leadership style I would take on as their VP of Development. As VP, I would emphasize a transformational leadership style, as that style would encourage my members of staff and the company at large to evolve to their highest potential. I would also encourage an atmosphere of transparency for the good of the company at large. I would also

Animal Consciousness - Paper free essay sample

Because nonhuman animals lack some mental abilities, we regard them as property, the only moral constraint that we observe on our use of other animals is an obligation not to make them suffer. But who is to say that animals dont have consciousness? Animals not only have consciousness, but some have more consciousness then some of us human beings. Thats why, Cartmill is attempting to try to persuade people, mainly philosophers and scientists, that animals have consciousness. Matt Cartmill strongly supports the idea that animals have consciousness. Sleep is something that we know that makes us consciousness as humans. Most animals dont sleep, but some do. When a human is sleep they are unconscious, but when they wake up they return back to their consciousness. The same should apply to animals. When animals sleep their are also unconscious, but when they wake up they return back to their conscious state of mind. We will write a custom essay sample on Animal Consciousness Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For example: when a owner is being attacked by a stranger or killer, not only would a human help, but a non-human, animal, would also help to protect you. Being said, animals have mental lives something like ours. The waking state in animals is something like ours, which includes mental events and awareness of the world. They were trying to say that computer were more in tune with people than animals were. This is not true because there isnt any computer that can ever produce consciousness. Nothing science has ever produced comes near to and the complex sequence of responses that shape our reactions. The processes involved in sleepwalking and hibernating are aspects of consciousness that are obvious. But many philosophers and scientists think otherwise. While some do not want to appear sentimental, others are afraid to accept the possibility of mental and moral states in animals for professional and/or philosophical reasons. Many thinkers have gone further and insisted that because animals cant talk, their mental lives are nonexistent. Also many professionals have been reluctant to grant that animals can have mental lives because they are not good at operating signs. Not to forget, philosophers and scientist dont acknowledge that animals feel pain because they feel like animals dont suffer the same pain like we humans do, maybe thats the reason we could eat them without thinking about the torture they been through in order for us to have them on our plate. Most scientists will admit that our close animals relatives probably have mental lives like ours, but most are too afraid to say it true. This may be true that animals arent physical like humans, but animal brains think somewhat close to humans. Despite the conspicuous differences in sight, feel, and smell between a human body and a dogs, a dog will react the same to both human and its own species the same way if it was happy or sad. When you tell a dog to come here, it comes. Philosophers and scientists believe that animals learn by a human observer, but this is not true because their are many wild animals that learn from each other or themselves. Cartmill also thrown out the Darwanian theory of natural selection, and Occams Razor. Occams Razor which was intended too dent mental events in animals whenever we can, actually is on animal rights side. They argue that it we are going to invoke desires, beliefs, and intentions for our own actions, then we should explain other animals behavior in similar terms whenever we can. Humans and non-humans, animals, both have consciousness whether philosophers or scientists like it or not. With compelling evidence, Cartmill shows that animals have consciousness. People should start to acknowledge that animals have a mind of their own and that no one inflicts them to do so. Philosphers and scientists should give up on all the theories as to why an animal can not think by themselves. With acknowledging animals to have their own mind, this is going to make our world a better place.

Urban Regeneration/renewal

Introduction In this section, we shall define the key terms, urban regeneration/urban renewal and urban development and try to see the correlation between the terms. We shall then briefly look at the town of King’s Lynn.Advertising We will write a custom essay sample on Urban Regeneration/renewal -Case of United Kingdom specifically for you for only $16.05 $11/page Learn More Urban Regeneration defined The encyclopedia Britannica, defines urban renewal as â€Å"comprehensive scheme to redress a complex of urban problems, including unsanitary, deficient, or obsolete housing; inadequate transportation, sanitation, and other services and facilities; haphazard land use; traffic congestion; and the sociological correlates of urban decay, such as crime.1† Definition of Urban renewal The Webster’s new world dictionary defines regeneration as â€Å"to cause to be completely renewed, or restored or reformed† 2.  Urban regeneration th erefore means, to completely renew, restore or reform an urban area. Urban renewal focuses of infrastructure only while urban renewal is more comprehensive and focuses on practical outputs aimed at improving the economic and social wellbeing of the particular urban population. Urban regeneration therefore goes beyond urban renewal. It aims at addressing issues of poverty, poor housing, and sanitation in slums, crime, unemployment, discrimination, stigma and low quality of life in a particular urban set up. Urban regeneration seeks to minimize these problems if not eliminating them. 3 Urban development Urban development can be defined as the process of controlling land use in urban area including transport networks aimed at bringing orderliness in the urban area. It involves research, strategy formation, implementation and evaluation. Urban Development and Regeneration The two terminologies are closely related and in some cases can be difficult to clearly demarcate the differences, i f any between these concepts4. We can say that urban regeneration is a form of urban development, but urban development can cover a wider scope and goes beyond just regeneration but involves the generation of new things.Advertising Looking for essay on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Case Study of King’s Lynn Urban Regeneration and Development Strategy Introduction In this case study we shall look at a combined development and regeneration strategy as applied in this seaport town. The strategy is broadly a development strategy but is majorly a regeneration strategy. This is a sea port town in the north of England, 156 km to the north of London and has population of 43,000. It is largely a market town. Main actions in the Urban Regeneration and Development Strategy There are four actions that form the strategy for regeneration of King’s Lynn and they are: Maximum utility of the existing faci lities – this is by creation of a marina at Boal Quay, increment and diversification of activities in the South Quay and reinstating the historical structures with the aim of improving the image of the town. Developing the town center by improving the existing residential structures that are dilapidated and also putting up modern residential buildings to meet the current and future needs of the city. Economic development through job creation; this is by strengthening the town center with the aim of having an increased viability of the entire town and the market shops as this will improve development in the town center. An improved transport system through The King’s Lynn Area Transport and Land Use Strategy (KLATS) which will see the creation improved parking space by use of multi-story buildings for parking which will replace the ground parking that currently exist5. Provisions of better bus transport system, creation of better train system across and around town are some examples of existing urban regeneration. A ferry system will also be established between The West Lynn and King’s Lynn to facilitate transport between the two ends of the city.Advertising We will write a custom essay sample on Urban Regeneration/renewal -Case of United Kingdom specifically for you for only $16.05 $11/page Learn More Worldwide Urban Development Strategies in New Zealand This section describes the Urban Development strategies as applied in New Zealand. It also presents the aims and objective of the strategies. The Greater Christ church Urban Development Strategy (GCUDS) This strategy aims at creating a paradigm shift from business as usual, an approach to a focused strategic plan aimed at protection of the environment and development of society core values. The themes of this strategy are: Making sure the area remains an attractive place to work in through investment and recreation in order to promote business growth. Ease of accessibility and movement Protection of the environment from potential hazards that would hinder growth. These themes are focused on improved and sustained quality of life for the inhabitants and bettering the economic environment. The Western Bay of Plenty Smart Growth Strategy (2002) This strategy focuses on the need to create a balance between provision of land housing services, commerce, productivity in the rural, community activities and recreation in order to improve accessibility to the needed services and minimize pollution through emissions particularly form vehicles. These Urban Development Strategies are wide and cover a range of outcomes, indicating how urban systems interact, how commercial and housing systems are distributed, how transport systems are developed and managed6. They also focus on environmental protection and management of resources such as water and finally they promote social wellbeing of the local people. These policies were beyond standard models a nd rules that had previously been used in development. Countries that have adopted the UDS approach are capable of meeting the competitive demands arising between cities at national, regional and international level. The essential elements of concern urban regeneration and development strategy Consultation between the implementing agencies and the locals is of essential for the successful implementation of renewal schemes. The local people are mostly excluded either directly or through representative groups. This is not in line with government regulations which require that the local community be voluntarily involved and their interests be taken into account.Advertising Looking for essay on environmental studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Secondly there is need to target the benefits of regeneration to the target people. It is important that the schemes such housing development, job creation and other benefits be reaped by the locals7. Currently there are no elaborate mechanisms to translate the development projects into utility in order to have the benefits downstream to the target people. Thirdly, there is the assumption that physical development translates into urban regeneration or tendency to over depend on physical development as the prime mover of urban renewal. This leads to little or no emphasis on broad dimensions such as social issues like crime, local entrepreneurship. Research has suggested that in United Kingdom, a large percentage of the over ten billion spent on urban regeneration in the 1980s has largely gone to waste due to poor socio-economic infrastructure in the urban thus undermining property investment. If urban renewal through development projects marginalizes certain groups, it can lead to an upsurge in crime as has been experienced in Dublin. In Ireland, the economic development has hardly reached the targeted population resulting in socio-economic imbalances. Bibliography Efere, Prince. Urban Regeneration. London : Trans-Atlantic College, 2004. Hurd, Nixon. Sustainable Economic Development Strategies. New York: Global Urban Development, 2005. Joan, Parpal. Simulation of urban development in the City of Rome. The Journal of Transport and Land Use, 2007.Pg 1010: 87-97. Mats, Karlsson. Urban Development Strategies. Barcelona: Cities Allliance, 2011. Mitlin, John. Study of Urban Renewal Schemes by KPMG. Islandbridge: Combat Poverty Agency,1996. Thompson, Diana. Participatory approaches in Urban Areas. London: International Institute of Environmental Development, 1995. Zaremski, Carol. Differenciation between forms of Urban Developement. New York: HarperCollins 2006. Pg 315. Footnotes 1 Mitlin, John. Study of Urban Renewal Schemes by KPMG. (Islandbridge: Combat Poverty Age ncy, 1996), 120. 2 Zaremski, Carol. Differenciation between forms of Urban Developement. (New York: HarperCollins, 2006), 315. 3 Zaremski, Carol. Differenciation between forms of Urban Developement. (New York: HarperCollins, 2006), 315. 4 Joan, Parpal. Simulation of urban development in the City of Rome. (Washington: The Journal of Transport and Land Use, 2007), 1010: 87-97. 5 Thompson, Diana..Participatory approaches in Urban Areas. (London: International Institute of Environmental Development, 1995), 253. 6 Hurd, Nixon. Sustainable Economic Development Strategies. (New York: Global Urban Development, 2005), 89. 7 Hurd, Nixon. Sustainable Economic Development Strategies. (New York: Global Urban Development, 2005), 89. This essay on Urban Regeneration/renewal -Case of United Kingdom was written and submitted by user Tanner H. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Portrait of a Serial Killer Analysis Essay

Portrait of a Serial Killer Analysis Essay Portrait of a Serial Killer Analysis Essay Sample Portrait of a Serial Killer Analysis Essay Sample When one hears about a new serial killer in the neighborhood, the usual stereotype depicts a raging maniac who rapes and tortures young girls. Such a description can characterize a serial killer but only a small percentage. On the average, many murderers are no more insane than any other person. In fact, the serial killer can appear in any form. A well-groomed nurse who poisons her infirm patients to â€Å"play God,† an exhausted mother who smothers her children to stop them from crying, a disturbed man who murders prostitutes to punish them for their sins, a high-maintained prostitute who kills her clients to avenge herself for all the insults and abuses she experienced, a respectable father and a member of the community who slaughters strangers to exert power at least in some sphere of his life (Fox Levin, 1998, p. 410). All these cases can fit into a serial killer profile. It is true that in many cases serial killing is predetermined by sexual lust that is aggravated by a sadistic component (Purcell, 2006). However, it is not always the case. Apart from killing for any kind of pleasure and cases of schizophrenia or â€Å"voices form God†, there are other factors that contribute to the necessity to kill people (Fox Levin, 1998, p. 442). Gaining profit may seem a motif not strong enough for engaging into the frenzy of serial murder. However, there are cases when women killed their husbands to provide themselves with their insurance (Ramsland, 2006, p. 4). The main factor for serial killing is still the desire to dominate. The overwhelming majority of researches prove that serial killers come from dysfunctional households or from families where children were not connected to their primary caretakers. It led to alienation and emotional closeness (Schurman-Kauflin, 2000, p. 179). Despite the fact that white males in their late twenties take leading places in Serial Killer Top 100, females also found their way of escaping depression and ennui of their lives in putting other human beings to death. Even young children picked on the trend for serial murder. Schurman-Kauflin wrote about the three cases of school students committing serial killings, all in the late 1990s (2000, p. 22). The fact that in one case an 11-year-old female is the lead suspect in the serial murders of 4 children cannot help but frighten. We come across the horrifying examples of people’s cruelty every day. It is impossible to always screen them off with â€Å"I cannot believe it.† We have to believe it and do something. The society has to address the issue of serial murder. The first step is to learn about the factors that contribute to the development of sadistic and perverse personalities. When we know who can commit it and in what circumstances, then we can resist and combat it. If we do not do it now, they can come and get us later. Our perception is often distorted by fiction and mass media. We are left with a wrong impression about the serial killers’ preys and that it will never involve us and our families. However, not knowing, or not understanding, how the serial killers operate and thinks will make us walk right into their hands. At the moment, there is a wealth of information on the subject. We just need to tap into it and make conclusions. Warned means armed. What Makes a Serial Killer? It is a general knowledge that serial killing involves individual psychopathology. After watching movies about exceptionally weird serial killers people begin to think that only sociopaths or mentally insane people may kill other human beings premeditatevely and repeatedly. However, it is not always the case. Scholars say that antisocial behavior â€Å"reflects a disorder of character or personality rather than of the mind† (Fox Levin, 1998, p. 420). On the whole, serial killers can tell right from wrong and are aware of what they do. They are even capable to control their wild fantasies, however they choose not to (p. 419). Until recently the majority of psychiatrists considered mental insanity to be the primarily cause for multiple murders (Fox Levin, 1998, p. 419). Apart from the movies on extravagant serial killers (Silence of the Lambs, for example) that fed off such an opinion, there were cases when murderers suffered from schizophrenia or imaginary voices that ordered to kill. However, according to Fox and Levin, â€Å"only one in twenty sexually sadistic serial killers studied by Warren, Hazelwood, and Dietz was psychotic† (p. 419). If not mental illness thrn what makes a serial killer? Do they hate people? It is true that sociopaths fit the mold to commit multiple murders. They lack remorse, do not sympathize, and care exclusively for their own pleasures in life. Simply put, they have no conscience (Fox Levin, 1998, p. 420). At the same time, sociopathy in its pure form can rarely be met, even in serial killers. However, serial killers may suffer from â€Å"borderline personality disorder† when a person has fits of bad mood, â€Å"impulsivity, intense anger, chronic feelings of boredom †¦ a profound sense of abandonment and rejection† (p. 420-421). In such a case, people are capable of qualms of conscience and remorse. In order to overcome it, murderers may compartmentalize their victims by applying some criteria to them (Ramsland, 2006, p. 179). For example, they do not feel pangs of guilt towards the strangers and can murder them easily. Another loophole for their conscience can be an expl anation to themselves that their victims â€Å"deserve† the punishment. For instance, prostitutes are filthy and it is their own fault that they fall a prey to sex criminals; vagabond alcoholics became subhuman and therefore, it is not a sin to kill such beingd; gays are seen as AIDS carriers and by eliminating them they make the world a better place (Fox Levin, 1998, p. 423). The myth of the victims â€Å"deserving the punishment† makes serial murderers unable to feel remorse. The fantasy world screens off from them the startling reality. Therefore, it may happen that while on trial the serial killers are subjected to the numerous evidence against their world view. Seeing what the victim’s relatives and friends suffer may prompt the murderer to perceive what he or she had done and repent. That was the case of Milwaukee’s Jeffrey Dahmer who apologized to the families right in the courtroom for murdering, abusing, and cannibalizing his seventeen victims (Fox Levin, 1998, p. 424). Criminologists, psychologists and other related experts continue to look for reasons for such inhuman behavior. Both health issues and environment can influence a person to develop into a maniac (Fox Levin, 1998, p. 448). Among biological factors, Fox and Levin mention the presence of head trauma or frontal lobe epilepsy and the chemical imbalances in the brain (p. 448). Environmental premises may include unsuccessful adoption cases, child abuse, and humiliation or rejection (p. 448). In fact, serial killers, when caught, tend to play the abusive childhood card. Sociopaths are especially good liars because they have enough cold-blooded boldness to lie convincingly. There were cases when serial murderers managed to fool psychiatrists with their tales of child abuse such as the cases of the Hillside Strangler Kenneth Bianchi and the Genesee River Killer Arthur Shawcross (p. 449). The problem with a psychotic serial killer is the following. In order to be named a serial killer, a person should murder no less than four people (Fox Levin, 1998, p. 408). Most psychotic killers are very sloppy, act impulsively and do not pay enough attention to cover the traces. That is the reason they get caught before they kill enough victims to be classified as a serial killer (Brown, 2003, p. 36). The FBI offered the organized/disorganized distinction between multiple murderers. There are serial killers who are well-organized, intelligent, have romantic partners and children, good workers, curious about their crime in mass media, from a fine family; and another type of serial killers who are disorganized, less intelligent, lonely, jobless or an unskilled worker, and do not follow the investigation of their crimes (Fox Levin, 1998, p. 428). Definitely such descriptions are very polarized, and in real life it is difficult to find a killer who ideally fits the profile. Rather the profiles are used â€Å"as a tool to focus on a range of suspects† (Fox Levin, 1998, p. 428). They give clues and provide a direction to search for a suspect. Therefore, it is difficult to foresee whether a person can develop into a serial killer or not. A range of biological and behavioral peculiarities influence it. However, in general it would be wise not to think all serial murderers are insane or they all are evil. Rather they are extremely self-centered, are not thoughtful of consequences, and experienced violent treatment before. Time to Take into Account Startling Rates of Female Serial Killing Edna was a single African American female who was known for a jobless status and her promiscuous sexual relations to pay her rent. Having babies almost every two years for 10 years, Edna miraculously lost them to Sudden Infant Death Syndrome when they were in her care with no other witnesses. With no relatives and no steady job, Edna managed to work on sympathies of the general public and jurors when her case was brought to court even after she admitted to suffocating the fifth child. Edna served 10 years for killing five children (Schurman-Kauflin, 2000, p. 184). A typical serial killer profile is a white male in his late twenties or early thirties (Fox Levin, 1998, p. 413). However, there already exists statistical and scholarly information on female multicide (Schurman-Kauflin, 2000, p. 3). Despite making only a small percentage of total multiple murders (one eighth of the general number), female serial killing is on the rise. In the last thirty years, there were recorded 26 female serial killers in the United Stated, which is a huge increase from previous years (p. 12). It should not be ignored. Women are rarely thought of as murderers so female serial killers may go unpunished for years making more and more harm. Their seeming innocence is what makes them more dangerous than men. Indeed, there is a difference between male and female killers. If not in the commonalities of the background, which are often similar, such as violence and abuse in childhood, than in methods of committing a crime (Schurman-Kauflin, 2000, p. 4). Male perpetrators rarely use firearms preferring to â€Å"take an active part in producing [their victims’] suffering and misery† by stabbing or strangling (Fox Levin, 1998, p. 416). Meanwhile female serial killers typically suffocate or poison because due to average physical abilities they choose their prey among elderly and young who are weaker than them (Schurman-Kauflin, 2000, p. 10). Both male and female serial killers choose the weakest as their victims but they look for them in different surroundings. Female multiple murder usually involves elders or children in care, while male serial killing sees easy prey in prostitutes, young women, and homeless alcoholics (Schurman-Kauflin, 2000, p. 18). According to recent studies, female serial killers tend to be care-givers (p. 17). They come from traditional families with sex roles defined conventionally so they choose female dominated professions of nurses, teachers, cooks or other types of caketaking (p. 17). However, the idea that women can be premeditate and murder people in their care is still unacceptable to many people. In fact, so strong is people’s disbelief in female serial killers that they often simply refuse to believe that a frail woman can conceive and execute a cold blooded murder, especially a series of them. Deborah Schurman-Kauflin tells the case of the nurse’s aides Gwen Graham and Cathy Wood of Michigan who played the game of spelling â€Å"murder† with the initials of their victims who they smothered to death at a nursing home (p. 13). Even after the women vividly described their crimes to police, â€Å"to this day, many refuse to believe that [they] could commit such atrocious acts† (p. 13). In any case, both male and female serialists share a common characteristic – they come from an abusing household (Schurman-Kauflin, 2000, p. 179). Violence breeds violence. Therefore, multiple murderers see the same hostility and unloving attitude as they have experienced in their families in their childhood. â€Å"With this expectation of abuse and distrust comes emotional isolation, which manifests itself in the forms of being emotionally flat and failing to feel empathy for others† (p. 179). As a result, being very lonely and isolated, the serial killers believe that they can restore their psychological balance through exerting power. In their case, it can be done through serial killing. The researchers ruled out the tornado effect that begins as a feeling of powerlessness in the face of humiliation and abuse experienced in their childhood. It accumulates into rage and anger which breed violent thoughts and fantasies. When another act of humiliation and powerlessness happens a next bout of more violent fantasies follows. After that usually the female multiple murderers begin to take it on small animals and later on children. The next step can be murder (Schurman-Kauflin, 2000, p. 192). In addition, the feeling of inadequacy and anger is intensified by their inability to express themselves. There is evidence that the female offenders often suffer from verbal difficulties. â€Å"Much like male offenders, this leads to increased levels of isolation and anger, which in turn becomes suppressed aggression† (Schurman-Kauflin, 2000, p. 124). When being children they had troubles in recognizing and describing their emotions, both written and verbal. Apart from a lack of education, the reason for it may be the detachment from other people. Not having close relationship with parents or siblings and being isolated from their peers, due to difficulties in communication and feeling different, such children shut down emotionally (p. 125). It can contribute to all other factors that constitute a profile of a serial killer. Primarily, it is up to the society to turn their gaze to the problem of the female multiple murders. Very often public opinion is not ready to accept and, therefore, to punish the female offender. So strong is the belief in caring capacities of women and their inability to act so atrociously. If it concerns a one-time murder we can believe that a woman could be driven to despair by an abusive father or a partner but to assume that a woman could kill her children, one a year, it is beyond our comprehension and, hence, impossible. Schurman-Kauflin mentions the case of the 72-year-old Maria Noe from Pittsburgh, Pennsylvania, who received probation after confessing the murder of her eight children (Schurman-Kauflin, 2000, p. 13). Her advanced age and her gender influenced the jurors not to put her to prison. However, it is nothing else than a serial killer and it deserves to be judged with all severity. The method of choosing a victim among people in direct care and the geographical proximity of murder cases in close vicinity make the female serial killer extremely dangerous. You never know who will be her next prey: your neighbor, your child, or even you. The detectives, criminologists, and other related experts polish their profiling skills. Even if through profiling a criminal cannot be indicated at once, the results of the research demonstrate commonalities in the backgrounds and behavioral patterns of assailants (Schurman-Kauflin, 2000, p. 213). Therefore, it narrows a search. Those who want to help in apprehending serial killers and, for example, to become a profiler, first of all, need to extensively study the multiple murders and its motivation. Without understanding the psychology of a serial killer and his or her background it would be impossible to track them. With proper academic training (Ph.D. or a Master’s Degree in Criminal Justice, Psychology, or Sociology) and homicide investigative experience, a good profiler should have first-hand experience with serial killers; otherwise, there can be blank spaces in the understanding of their motivation (Schurman-Kauflin, 2000, p. 218). Not all multiple murderers are eager to allow to dig into their heads and research the subject of their crimes. Especially female convicts are rather reticent concerning their background and what their reasons for killing were (p. 95). Some may think that so many efforts are excessive in the era of computers. However, in the case of studying human psyche, no machine can outdo an intelligent individual. Until today, computer profiling served as to point in the right direction rather than as a reliable source of exact information (Schurman-Kauflin, 2000, p. 219). Apart from difficulties to systemize all relevant information, computers simply do not have intuition which is very helpful when working with people. â€Å"A good profiler gives direction, elucidates difficult subjects, predicts behavior, aids in investigative techniques, provides interview suggestions, and helps in court situations† (p. 218). Besides the work of professional experts, each of us can armor oneself against becoming a potential victim. It is obligatory for everyone to educate oneself what we can do to protect ourselves. Questions to check the understanding of the material provided 1. Are the serial killers mentally insane? 2. What is an average portrait of a serial killer? 3. How female serial killers chose their victims? 4. What is the tornado effect? 5. What was the most startling information you learned from reading the magazine?

Taliban Decrees and Prohibitions Against Women

Taliban Decrees and Prohibitions Against Women Immediately on taking over cities and communities in Afghanistan, the Taliban imposed its law, based on an interpretation of Sharia  or Islamic  law that was stricter than in any part of the Islamic world. The interpretation is at wide variance from that of most Islamic scholars. With very minimal changes, what follows are the Taliban rules, decrees, and prohibitions as posted in Kabul and elsewhere in Afghanistan beginning in November and December 1996, and as translated from Dari by Western non-governmental agencies. The grammar and syntax ​follows the original. Those rules still prevail wherever the Taliban is in control – in vast parts of Afghanistan or in Pakistans Federally Administered Tribal Areas. On Women and Families Decree announced by the General Presidency of Amr Bil Maruf and Nai As Munkar (Taliban Religious Police), Kabul, November 1996. Women you should not step outside your residence. If you go outside the house you should not be like women who used to go with fashionable clothes wearing much cosmetics and appearing in front of every men before the coming of Islam.Islam as a rescuing religion has determined specific dignity for women, Islam has valuable instructions for women. Women should not create such opportunity to attract the attention of useless people who will not look at them with a good eye. Women have the responsibility as a teacher or coordinator for her family. Husband, brother, father have the responsibility for providing the family with the necessary life requirements (food, clothes etc). In case women are required to go outside the residence for the purposes of education, social needs or social services they should cover themselves in accordance with Islamic Sharia regulation. If women are going outside with fashionable, ornamental, tight and charming clothes to show themselves, they will be cursed by the Islamic Sharia and should never expect to go to heaven.All family elders and every Muslim have responsibility in this respect. We request all family elders to keep tight control over their families and avoid these social problems. Otherwise these women will be threatened, investigated and severely punished as well as the family elders by the forces of the Religious Police (Munkrat).The Religious Police have the responsibility and duty to struggle against these social problems and will continue their effort until evil is finished. Hospital Rules and Prohibitions Rules of work for the State Hospitals and private clinics based on Islamic Sharia principles. Ministry of Health, on behalf of Amir ul Momineet Mohammed Omar. Kabul, November 1996. 1. Female patients should go to female physicians. In case a male physician is needed, the female patient should be accompanied by her close relative.2. During examination, the female patients and male physicians both will be dressed with Islamic .3. Male physicians should not touch or see the other parts of female patients except for the affected part.4. Waiting room for female patients should be safely covered.5. The person who regulates turn for female patients should be a woman.6. During the night duty, in what rooms which female patients are hospitalized, the male doctor without the call of the patient is not allowed to enter the room.7. Sitting and speaking between male and female doctors are not allowed. If there be need for discussion, it should be done with hijab.8. Female doctors should wear simple clothes, they are not allowed stylish clothes or use of cosmetics or make-up.9. Female doctors and nurses are not allowed to enter the rooms where male patients are hospitalized. 10. Hospital staff should pray in mosques on time.11. The Religious Police are allowed to go for control at any time and nobody can prevent them.Anybody who violates the order will be punished as per Islamic regulations. General Rules and Prohibitions General Presidency of Amr Bil Maruf. Kabul, December 1996. 1. To prevent sedition and female uncovers (Be Hejabi). No drivers allowed to pick up women who are using Iranian burqa. In case of violation the driver will be imprisoned. If such kind of female are observed in the street their house will be found and their husband punished. If the women use stimulating and attractive cloth and there is no accompany of close male relative with them, the drivers should not pick them up.2. To prevent music. To be broadcasted by the public information resources. In shops, hotels, vehicles and rickshaws cassettes and music are prohibited. This matter should be monitored within five days. If any music cassette found in a shop, the shopkeeper should be imprisoned and the shop locked. If five people guarantee the shop should be opened the criminal released later. If cassette found in the vehicle, the vehicle and the driver will be imprisoned. If five people guarantee the vehicle will be released and the criminal released later.3. To prevent beard shaving a nd its cutting. After one and a half months, if anyone is observed who has shaved and/or cut his beard, they should be arrested and imprisoned until their beard gets bushy.4. To prevent keeping pigeons and playing with birds. Within ten days this habit/hobby should stop. After ten days this should be monitored and the pigeons and any other playing birds should be killed.5. To prevent kite-flying. The kite shops in the city should be abolished.6. To prevent idolatry. In vehicles, shops, hotels, room and any other places, pictures and portraits should be abolished. The monitors should tear up all pictures in the above places.7. To prevent gambling. In collaboration with the security police the main centers should be found and the gamblers imprisoned for one month.8. To eradicate the use of narcotics. Addicts should be imprisoned and investigation made to find the supplier and the shop. The shop should be locked and the owner and user should be imprisoned and punished.9. To prevent the British and American hairstyle. People with long hair should be arrested and taken to the Religious Police department to shave their hair. The criminal has to pay the barber.10. To prevent interest on loans, charge on changing small denomination notes and charge on money orders. All money exchangers should be informed that the above three types of exchanging the money should be prohibited. In case of violation criminals will be imprisoned for a long time.11. To prevent washing cloth by young ladies along the water streams in the city. Violator ladies should be picked up with respectful Islamic manner, taken to their houses and their husbands severely punished.12. To prevent music and dances in wedding parties. In the case of violation the head of the family will be arrested and punished.13. To prevent the playing of music drum. The prohibition of this should be announced. If anybody does this then the religious elders can decide about it.14. To prevent sewing ladies cloth and takin g female body measures by tailor. If women or fashion magazines are seen in the shop the tailor should be imprisoned.15. To prevent sorcery. All the related books should be burnt and the magician should be imprisoned until his repentance.16. To prevent not praying and order gathering pray at the bazaar. Prayer should be done  on  their due times in all districts. Transportation should be strictly prohibited and all people are obliged to go to the mosque. If young people are seen in the shops they will be immediately imprisoned.9. To prevent the British and American hairstyle. People with long hair should be arrested and taken to the Religious Police department to shave their hair. The criminal has to pay the barber.10. To prevent interest on loans, charge on changing small denomination notes and charge on money orders. All money exchangers should be informed that the above three types of exchanging the money should be prohibited. In case of violation criminals will be imprisoned for a long time.11. To prevent washing cloth by young ladies along the water streams in the city. Violator ladies should be picked up with respectful Islamic manner, taken to their houses and their husbands severely punished.12. To prevent music and dances in wedding parties. In the case of violation the head of the family will be arrested and punished.13. To prevent the playing of music drum. The prohibition of this should be announced. If anybody does this then the religious elders can decide about it.14. To prevent sewing ladies cloth and taking female body measures by tailor. If women or fashion magazines are seen in the shop the tailor should be imprisoned.15. To prevent sorcery. All the related books should be burnt and the magician should be imprisoned until his repentance.16. To prevent not praying and order gathering pray at the bazaar. Prayer should be done on their due times in all districts. Transportation should be strictly prohibited and all people are obliged to go t o the mosque. If young people are seen in the shops they will be immediately imprisoned.

What is meant by the phrase classical contract law To what extent are Essay

What is meant by the phrase classical contract law To what extent are such ideas still relevant in contemporary contractual relations - Essay Example This ranges from the independence of contracts to the bargaining powers through to the formal elements of contracts. We do this examination by looking at various debates and dominant ideas and conceptions as they play out in academia and in practice. The inherent advantage of using the classical model to analyse contracts is one that cannot be overlooked. This is because it makes it easier and more convenient to define the parties of contracts and their expectations. This promotes justice. However, the whole idea has been challenged through the dynamism of the post-world war society. This has led to some important modifications and this is what the paper seeks to examine in-depth through the proposed objectives. The balance between the traditionalist and modern positions on the subject are brought to bear in this paper. Holmes states that law uses deductive systems through which logic can be induced and applied to examine things in a fair manner1. In other words the science of law in itself requires the establishment of frameworks and parameters within which issues and matters can be evaluated justly and deductions made. This is the essence of law. This idea is described as the axiomatic of law by Eisenberg. The classical school of thought used the principle logic and deduction to draw frameworks for different branches of law2. This way, they played a crucial role in setting up a system of justice which ensured that cases were separated into the most appropriate classes and dealt with according to the right principles and the application of correct jurisprudence. Classical contract law developed between the mid-19th Century through to the first part of the 20th Century3. It laid down a framework which defined an airtight genre known as contract law which was strictly adhered to in that era during cases involving contract. Classical Contract Law contained three main elements:

Biometric System Essay Example | Topics and Well Written Essays - 1500 words

Biometric System - Essay Example These biometric cards have a great amount of use and the government introduced the same in order to cut down on the wastage of resources and to ensure national security. According to ministers, this card was introduced so that people would not have to have various other cards as per their identity proof and thus it would make identification for owning certain products, traveling around the country and abroad etc. better. Furthermore, it would help the government to easily keep a tab on each and every citizen residing within the country and the citizens would be able to use the social security services without misusing the same. After conducting various meetings and consultations regarding the introduction of such a system for the purpose of evaluation and tracking of every citizen within the country, the government decided to go ahead with the same because the main merit of working with this system in place would mean that the government has the ability to clearly and properly identify each and every person living in the country and thus have his records, which would further lead to a large bout of development as they would be able to understand the situation of different people better. The government also tried to keep a check on terrorist activities and thus provided that having such a system in place would really help to curb the same. In the United Kingdom, efforts were made and the majority passed the implementation of the bill for the introduction of biometric cards in the Parliament.

Importance of Examinations Essay Example for Free

Importance of Examinations Essay The world Examination is noun of the word examine. It means to test in order to verify, to judge and to certify, certain facts. Examination is a very wide word, which is used in all spheres of life. The learned examiner does not want that sense of examination to be discussed. He has in his mind the University Examination and he wants to know whether the institution of Examination should continue or should be abolished. Some persons are of opinion that examination is not the sure test of the ability of a candidate. The present examina ­tion system is based on cramming and to pass the examina ­tion has become more a matter of chance than that of abil ­ity. Again, the present system of examination promotes other evils such as copying and even corruption. The violent acci ­dents in the examination halls strengthen this claim. Even today we are told that a third-year student in one of the centers in Delhi gave a sound beating to an invigilator who objected that the candidate should not copy. The pity of the incident is that a police constable was in league with that candidate and he brought the material for him to be copied. Again, how can, the ability of a student be checked by a few questions? The answer to it is certainly in the negative. Thus, there is a strong case that it should be abolished. There are others who think that examination is a must. How can we do without an examination? Life in itself is a big examination. At every footstep we have to face certain tests. The success is always marked with dignity and honor in all the examinations of life. Examinations add to our abil ­ity, power of toleration, perseverance and other good quali ­ties. They think that examination is not only necessary but it is also a blessing. Everybody has been afraid of examinations. Even Lord Christ once uttered, May God not put anybody to test. Teachers, students, examiners and examinees, all think that examination is a curse, a horror and a terror. Most of the mental diseases among the students are the outcome of the examination and cramming. Inspite of all this, there must be something to mark the standards and to judge the ability of the candidates. The students are being led astray. They only study because they fear examinations. If this institution is abolished, it is certain they will not study even a word. Thus, we must assume that the system of examination should not be abolished, but it should be reformed so that it should be of a great advantage both to the student community and the society. The examination is an evil but it is necessary, therefore, it cannot be abolished. We cannot do without examinations, but the system needs a total reform. We should not follow the old orthodox methods, but the scientific change should be brought in the system of examinations.

Themes from the Celebration at Heorot :: Celebration at Heorot Essays

Themes from the Celebration at Heorot The passage "Celebration at Heorot" presents a wide variety of subtle themes and ideas. The three main ones are: the foretelling of the doomed future, different Christian and pagan beliefs and rituals, and the enternal battle of men vs. monster (good vs. evil). This section will analyze each one of these themes. To go to a specific page, click on the links above. Men vs Monster The theme of eternal battle between men and monster can be perceived through the different stories told by scopsat the celebration. The main idea behind the stories is that even though Beowulf has heroically defeated Grendel , or mortally wounded him, the greater evil may not be defeated for it comes from a different source. The foreshadowing is that this evil will not come from monsters but from within the men. In other words, the real evil within people is still undefeated. The three stories have different agendas in regards to this theme. The first story, about Sigemund, is a happy one, and in it a hero defeats the dragon: "The hot dragon melted." (Norton, 38) The second story is about a treacherous king, Heremod, who betrays his people, "crime took possession of Heremod" (Norton, 38), and becomes a burden to his tribe. The last story is about Hildeburh, sister of King Hnaef (Norton, 41), who was married to Finn, king of the Jutes. Hnaef paid a friendly visit to his sister's home. Finn and Hnaef had an argument, and a fight broke out. Hnaef and Finn's son were killed practically before Hildeburh's very eyes. In Anglo-Saxon society, killing a relative was considered to be the worst sin of all. (Britannica, online) Thus, the evil that caused this horrible deed comes not from an fictional (imaginary) monster, but rather from the very real monster within people themselves. And, these stories show that the battle between good and evil is far from over. Themes from the Celebration at Heorot :: Celebration at Heorot Essays Themes from the Celebration at Heorot The passage "Celebration at Heorot" presents a wide variety of subtle themes and ideas. The three main ones are: the foretelling of the doomed future, different Christian and pagan beliefs and rituals, and the enternal battle of men vs. monster (good vs. evil). This section will analyze each one of these themes. To go to a specific page, click on the links above. Men vs Monster The theme of eternal battle between men and monster can be perceived through the different stories told by scopsat the celebration. The main idea behind the stories is that even though Beowulf has heroically defeated Grendel , or mortally wounded him, the greater evil may not be defeated for it comes from a different source. The foreshadowing is that this evil will not come from monsters but from within the men. In other words, the real evil within people is still undefeated. The three stories have different agendas in regards to this theme. The first story, about Sigemund, is a happy one, and in it a hero defeats the dragon: "The hot dragon melted." (Norton, 38) The second story is about a treacherous king, Heremod, who betrays his people, "crime took possession of Heremod" (Norton, 38), and becomes a burden to his tribe. The last story is about Hildeburh, sister of King Hnaef (Norton, 41), who was married to Finn, king of the Jutes. Hnaef paid a friendly visit to his sister's home. Finn and Hnaef had an argument, and a fight broke out. Hnaef and Finn's son were killed practically before Hildeburh's very eyes. In Anglo-Saxon society, killing a relative was considered to be the worst sin of all. (Britannica, online) Thus, the evil that caused this horrible deed comes not from an fictional (imaginary) monster, but rather from the very real monster within people themselves. And, these stories show that the battle between good and evil is far from over.

Benefit Programs in the Major Airline Industry

The Human Resource topic that we selected is to analyze the benefit programs of four major airlines. Benefits are important to employees as well as their families, and can be a powerful recruiting tool. Benefits also play a major role in managerial decisions and wise benefit choices can have a long-term impact on the quality of life. Some characteristics of a sound benefits program are, they must have clear specific objectives, they must allow for employee input, they must be responsive to societal and environmental change, provide for flexibility, and there must be clear communication with employees. One of the main challenges that companies face are the overall costs of these benefit programs to the companies themselves, as well as staying competitive in hopes to attract high quality employees. Almost 40% or $14,678 per employee is spent on benefit programs per year. American Airlines like many other airlines are facing many challenges in the HR area of benefits and incentives. American Airlines as we all know is one of the leading airlines in today†s airline industry. This status reflects upon Americans benefit program. American Airlines realizes that it must stay competitive in this area to ensure that they get the most qualified employees. American Airlines offers many benefits and incentives for their employees with hopes to attract the best. Many of the benefits are standard and required by law such as social security, unemployment, workers compensation, and leaves without pay. What really must be paid attention too are the benefits and incentives that are offered in addition to the ones required by law. These benefits and incentives are what attract individuals to work for American rather than another airline. Benefits such as a 401 K – Super Saver, which allows up to an ample 20% tax provision, a stock purchase plan, a credit union which could help one to buy a house, and personal emergency coupled with sick pay, just to name a few. American Airlines also recognizes ten major holidays for which employees do not have to work, yet they still get paid. Most of these are benefits that competing airlines offer, but one benefit stands out. American Airlines pass travel program is a benefit that many do not tend to overlook. American does not offer free stand-by tickets to its employees until they have been with the airline for 10 years. What they do offer are special discounted rates. This is the major weakness in their strategy to attract employees with benefits. American offers a very long list of benefits and incentives but this is one that is left out. I believe that American Airlines is making a big mistake by not allowing employees to fly for free. To become more effective American Airlines should add this benefit to its list so that it can be competitive with the other airlines. American has many strengths which include benefits that the other airlines do not offer such as a 401 K plans of up to 20%, and a credit union. Although at the same time it has a very large weakness, which is their travel plan that only offers its employees discounted rates, instead of free airfare. American Airlines must feel that it does not have to offer this benefit to attract potential workers, because it has so many other benefits to offer. Continental Airlines prides itself on offering a wide variety of benefits to their employees. The eligibility for these benefits varies according to the length of time an employee has worked for the company, and the position that they hold. One challenge that Continental Airlines face is the cost of providing these benefits to their employees. They have to make sure that they are financially able to provide these benefit programs, while still attracting high quality employees to their company. Some of these benefits include travel passes, profit sharing, stock purchase plans, retirement plans, 401(k) savings plan, vacation and sick pay, an expense reimbursement plan, medical and dental insurance, vision insurance, life insurance, and accident insurance. Although Continental employees and their families are able to travel at reduced rates; they are not able to fly completely for free, which may be considered unfavorable by some employees. Continental employees are also able to share in the financial growth of the company by purchasing Continental stock at a discounted rate. Continental also provides a fully funded retirement plan, which employees vest in after five years of service. It also provides the 401(k) savings plan, which is a great way for employees to save for retirement. The employees can save up to 19% of their salary before taxes are withheld. Continental also matches a portion of their employees† contributions to the 401(k) savings plan. Full and part time employees of Continental are able to take advantage of paid vacations, as well as the sick leave policy which gives employees time off from work, with pay, when they are ill or unable to work. Continental also provides immediate accident insurance upon employment for all of their employees. Continental does provide many benefits upon the initial employment of their employees; however, some benefit plans are not available until seven months after they have been employed. These include medical and dental insurance, vision insurance, long-term disability plan, and life insurance. Most of the plans are pre-tax, which allows employee tax savings. For every employee, there is a benefits program that best suits him or her. Younger employees who do not have the responsibility of families may not be looking for the same benefits as an older employee with a family. Continental needs to realize these differences in employees, in order to provide a benefit program that will attract the high quality employees they are looking for. Southwest Airlines is currently the fastest growing airline in the business. Over the past 10 years Southwest have grown its revenues by 388% and its net income by 1,490%. Some of the things that have helped Southwest to grow so quickly are their personnel. They have found ways to hire employees that have out-performed every major airline for the past three years. Their hiring tactics can be accredited to a healthy business network, in-depth research, a good job database, strong recruiting staff, and an outstanding benefits program. Southwest offers its employees a very competitive benefits program. Their program offers passes and travel privileges, medical insurance, dental insurance, life insurance, long term disability insurance, sick leave, vacation and holiday pay, profit-sharing, 401 (k) plan, stock purchase plan, and a employee assistance plan. One of the special benefits to working at Southwest is flying for free on Southwest and flying free or at a reduced rate on other carriers with whom Southwest has a pass agreement. Effective from the first day of employment, all employees, their spouses, dependant children, and parents of employees all have unlimited travel privileges on Southwest. An employee may view this as a huge benefit when they decide they would like to travel. On the downside of this part of the benefit program, Southwest does not fly everywhere in the United States, and that may pose a problem for an employee that would like to travel somewhere that Southwest does not offer service. Another benefit is Southwest†s medical, dental, and life insurance plans. Employees may choose to incorporate their families with their medical and dental plans in order to save the employee money. The medical and dental plans will cover 100% of the employee†s medical and dental needs, as well as their families needs, with minimal cost to the employee. For the life insurance plan, employees may choose coverage up to 4 times their base annual income in order to protect their family. The long-term disability program is set up in case an employee becomes disabled and can no longer work. Funds are still paid to the family in order to compensate for the employee†s inability to work due to disability. Depending on employment classifications, employees are able to gather time off for personal illness and vacations. Employees celebrate several paid holidays throughout the calendar year, based on their employment classification. Southwest offers its employees a 401-(k) plan. The plan is designed to help employee†s plan for their retirement. Eligible employees may contribute up to 15% of their pay to the plan on a pre-tax basis. Employees direct their investments and may borrow against their account balance. Employees are the basic fiber of Southwest Airlines, so they feel that employees should be able to share in the success of the company by investing in Southwest Airlines Co. tock through payroll reductions. Employees pay only 90% of the market value for the stock, and broker commissions are paid for by Southwest. Southwest cares very much for their employees well being. They offer their employees an assistance plan that helps when employees need it most. The plan provides professional assistance for employees and their families in order to solve personal problems that may arise that would cause their personal lives and job performance to suffer. Southwest Airlines realizes that without its employees the company would cease to work. Southwest offers these benefits to help keep their employees happy and provided for and in return their employees strive to keep Southwest on top. United Airlines is a true global airline that has over 140 stations in more than 30 countries around the world. United prides itself on being a company where opportunity and advancement are determined solely on merit and individual achievement. United supposedly values diversity not only because it is the correct thing to do, but because it is the right business thing to do. United†s stated position is that all employees should be treated with respect and dignity. The policy not only extends to employees, but to United†s customers, vendors, and independent contractors as well. Some of the benefits that United offers to its employees are; company-paid medical, dental, life and long-term disability insurance, pension plan, paid vacations, travel passes, stock purchase plan, 401(k) plan, and credit union. Going against the company†s policy, United Airlines has been in litigation with the city of San Francisco concerning the â€Å"Equal Benefits Law†. Last year United Airlines supposedly negotiated a two-year exemption from the law in order to renew a 25-year lease with the San Francisco Airport. After opposing letters from the National Writers Union (NWU) United Airlines has joined with Air Transportation Association (ATA) in a lawsuit against the city of San Francisco challenging the ordinance. United claimed they never made an agreement with San Francisco and has not yet made a commitment to providing domestic partner benefits. The ordinance states that any entity that contracts with the city of San Francisco must provide equal benefits to its employees† registered domestic partners that it provides to married spouses. Out of its 94,000 hired employees, United currently has approximately 10,000 lesbian, gay, bisexual, and transgender employees. We believe that United is not very committed to diversity. It is obvious to see that United is trying to limit their benefit packages to those individuals that are not registered domestic partners. Some states still do not recognize domestic partners as legal binding marriages, and as a result, these individuals cannot receive equal benefits. United†s problem is that almost 11% of its total workforce is comprised of lesbians, gays, bisexuals, or transgenders. If United is committed to having diverse employees they should also be diverse in their benefit coverage. United should recognize that they have a diverse background and these select individuals need to be given equal benefits regardless of the added costs. The text mentions that part of providing a sound benefit package is allowing employees to given input into the benefit system. Having employees participate in designing benefits programs would help ensure that management is moving in the direction of satisfying employee wants. To meet the many changes occurring in society, management must reflect these changes in the employee benefits programs. The fact is that benefit plans sometimes provide little advantage to employees. Even though United might be trying to save money, their treatment towards domestic partners are limiting the organization†s ability to attract and retain quality employees. Some of the most effective policies and strategies for dealing with benefit programs are encompassed within each of the four airlines benefit programs offered. There are several benefits that are required by law, which include Social Security, Unemployment, Workers Compensation, and Leaves without Pay. Overall, American Airlines seemed to offer the most versatile benefits program. Although other programs offered similar benefits, we found that American Airlines offered the most conservative program. For example, United Airlines, and Southwest Airlines both offer free flights to all employees as well as their families, which may be more appealing to a young employee without a family. On the downside, we discovered that Southwest Airlines has a limited flight area, which minimizes their costs when employees take advantage of these programs, and allows them to offer these strategic benefits. We feel that American and Continental Airlines are overlooking an important strategic hiring strategy, by not offering free flights to all their employees, since cost of flights are fixed. For example, a flight that is only at 85% capacity will fly for the same price as a flight that is at 100% capacity. Continental Airlines, has a competitive benefits program as well, but it lacks the flight area which both United and American Airlines offer. We felt that American and United Airlines offered the best benefit programs, although American does not offer free flights from day one of employment, they offer many other compelling incentives such as, personal emergency assistance, vacation buying programs, credit union assistance, as well as flight discounts for their employees.

Assessment Worksheet Essay

1. What is the goal or objective of an IT risk management plan? – The purpose of the Risk Management Plan is to define how risks will be managed, monitored and controlled throughout the project. 2. What are the five fundamental components of an IT risk management plan? -The components of a Risk Management Plan are: Risk Identification, Risk Analysis, Risk Evaluation, Risk Monitoring and Review. 3. Define what risk planning is. – Risk planning is developing and documenting organized, comprehensive, and interactive strategies and methods for identifying risks. 4. What is the first step in performing risk management? – One of the most important first steps for a risk management plan is to establish the objectives. 5. What is the exercise called when you are trying to identify an organization’s risk health? -Health Risk Assessment 6. What practice helps reduce or eliminate risk? -Risk Management. 7. What on-going practice helps track risk in real-time? – Risk Mitigation. 8. Given that an IT risk management plan can be large in scope, why is it a good idea to develop a risk management plan team? -Scope identifies boundaries. So, if the plan is that large in scope, a team would work obviously together and not against to maintain its structure in nature and have consensus. 9. Within the seven domains of a typical IT infrastructure, which domain is the most difficult to plan, identify, assess, remediate, and monitor? -LAN-WAN 10. From your scenario perspective, with which compliance law or standard does your organization have to comply? -Honoring that the law requires a student to receives grades from instructors physically. Complaince 11. How did the risk identification and risk assessment of the identified risks, threats, and vulnerabilities contribute to your IT risk management plan table of contents? -It was detailed properly to locate provided information needed. 12. What risks, threats, and vulnerabilities did you identify and assess that require immediate risk mitigation given the criticality of the threat or vulnerability? – Among other things, faculty and/or students weak or being subject to falling short to financial, pleasure or any other immoral selfish gain. 13. For risk monitoring, what techniques or tools can you implement within each of the seven domains of a typical IT infrastructure to help mitigate risk? – Anything possible, man or man-made to properly assess, identify and deal with possible risks. 14. For risk mitigation, what processes and procedures are needed to help streamline and implement risk mitigation solutions to the production IT infrastructure? -Control, remediation, assess and reporting are key. 15. How does risk mitigation impact change control management and vulnerability management? -Change control is a systematic way to approaching change, within an organization, it can prevent the possibility of services becoming interrupted and if so, provide a plan to bring them back up as soon as possible

It is unclear when a contract is formed where Essays

It is unclear when a contract is formed where Essays It is unclear when a contract is formed where Essay It is unclear when a contract is formed where Essay It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Contracts are something that many people are confronted with every twenty-four hours, whether it be when a newspaper is purchased from a newsdealer to commercial contracts dealt with in the class of employment, in fact it has been suggested that the mean individual comes across some 25000 contracts in their life-time. [ 1 ] With the coming of the Internet, online retailing has become an mundane happening. Because of this, it is now of import to research how the jurisprudence associating to contracts is affected ; 1000000s of people all over the universe rely on the Internet on a day-to-day footing, buying a assortment of goods and services ; yet the manner these minutess are governed is non every bit clear as it ought to be. This essay will seek to research how, and more significantly, when a contract is formed via the Internet. If the jurisprudence of offer and credence does non readily use to contracts formed over the Internet, this essay shall seek to analyze how contracts are formed. As has already been mentioned, contracts are a cardinal portion of our day-to-day being and it is of import to get down this piece with a brief definition of what constitutes a contract. The chief portion of this essay will see the impressions of offer and credence and how, if at all, they have evolved to suit the Internet. As it is certain that the international legislative organic structures will hold monitored the state of affairs sing the formation of online contracts, their input shall be given some consideration with a general overview given. By utilizing text editions, diaries, articles and a little sum of Internet resources, this essay will try to determine at what point a contract comes into being via the Intern et and whether the rules of offer and credence do apply. Some consideration will besides be given to acceptance via the traditional postal service as there are some obvious similarities with the usage of electronic mail. On the face of it, there may be some similarities as to when credence occurs ; this essay will analyze this country. This essay will seek to give a clear apprehension how an country of jurisprudence that has multitudes of history traceable for 100s of old ages has been forced to accommodate to suit in with the oncoming of the technological epoch. Any illustrations given in this essay will be in the context of consumer minutess. Because of the planetary impact the Internet has had on our society, it is of import that clip is taken to see the issues environing legal power ; under which country’s legal power shall a peculiar contract be governed by? This shall merely be given really brief consideration as an in-depth analysis is beyond the range of this essay. Because the jurisprudence of contract is embedded in the common jurisprudence, there are many fluctuations on what a contract consists of. The definition that will be used throughout this essay will be taken from a lexicon of jurisprudence: â€Å"A lawfully adhering understanding. Agreement arises as a consequence of offer and credence, but a figure of other demands must be satisfied for an understanding to be lawfully adhering. ( 1 ) There must be consideration ( unless the contract is by title ) . ( 2 ) The parties must hold the purpose to make legal dealingss. This demand normally operates to forestall a strictly domestic or societal understanding from representing a contract. ( 3 ) The parties must hold capacity to contract. ( 4 ) The understanding must follow with any formal legal demands. In general, no peculiar formality is required for the creative activity of a valid contract. It may be unwritten, written, partially unwritten and partially written, or even implied from behavior. Certain minutess are, nevertheless, valid merely if effected by deed†¦or in writing†¦ . ( 5 ) The understanding must be legal. ( 6 ) The understanding must non be rendered void either by some common-law or statutory regulatio n or by some built-in defect, such as operative error. Certain contracts, though valid, may be apt to be set aside by one of the parties on such evidences as deceit or the exercising of undue influence.† [ 2 ] This is a comprehensive definition covering the chief facets of a contract, even though this essay is chiefly concerned with the jurisprudence sing offers and credence. The constructs of offer and credence will be considered farther throughout the class of this essay. An offer is considered to be a willingness to come in into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an credence of the offer. This can be given via words or behavior, although it was held in the instance of Felthouse v. Bindley [ 3 ] that silence is non plenty. The regulations associating to offer and acceptance have caused many instances to come before the tribunal. Many have non been capable of accommodating, although they have provided a overplus of instance jurisprudence on the topic. The usage of the Internet has revolutionised the commercial sector. This radical alteration has resulted in the demand for consideration to be given to the formation of on-line contracts. Nowadays, about all types of contract can be made via the Internet, although there are some which can merely be made in composing with both parties physically present. An illustration of this is the sale and purchase of land. Until such clip as the Land Registry can efficaciously implement a safe and unafraid method of subscribing a signature electronically, all contracts associating to the sale and purchase of land must be in composing. This is non the lone signifier of contract incapable of being formed online, but with the uninterrupted development of the Internet, it is envisaged that, at some point in the hereafter, all contracts will be formed online. At this point in the essay, it is of import to pull a differentiation between an offer and an invitation to handle. An invitation to handle should be regarded as an invitation to others to do an offer. The celebrated instance of Fisher v. Bell [ 4 ] is a good authorization on specifying an invitation to handle. A tradesman who displayed a switchblade in his store window was prosecuted for offering the knife for sale, which was a condemnable offense at the clip. In make up ones minding the instance, it was held that by exposing the knife, the tradesman was non offering the knife for sale but ask foring passers-by to originate dialogues. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the check-out procedure [ 5 ] , intending that points in supermarkets should be construed as invitations to handle. A possible job of undertaking with an on-line retail merchant was encountered in September 1999 [ 6 ] . A retail merchant was found to be bespeaking on it’s web site that telecastings were available at ?3. The right monetary value should hold been ?300. Before the retail merchant could take stairss to rectify the job, people had placed orders for the telecasting at the advertised monetary value of ?3. Were the clients accepting the retailer’s offer or doing an offer themselves which gave the retail merchant the pick of accepting it or non? At the clip of telling, the clients provided their recognition card inside informations, which the retail merchant had the pick to decline these inside informations. Therefore, it would be safe to presume that the web site was an invitation to handle, in a similar manner as points in a store are invitations to handle. [ 7 ] There are several methods of instantaneous communicating, which can be used to convey credence of an offer. Possibly the most obvious signifier of instantaneous communicating is face-to-face contact. However, where the Internet is the medium of communicating, face-to-face contact with an on-line retail merchant is about impossible. A particular set of regulations are in topographic point for the postal service, known as the ‘postal regulation, ’ this was devised in the instance of Adams v. Lindsell [ 8 ] and allows an offer to be accepted at the point of posting the credence to the offerer. The thought behind this regulation is that one time a missive has been posted into a station box, the individual posting the missive loses all control of the missive and it comes into the control of the postal service. The tribunals have devised an attack to the usage of instantaneous communicating in relation to online contract formation. In the instance of Entores Ltd. v. Miles Far East Corporation [ 9 ] , a contract was formed through pass oning via teletypewriter. The complainants were located in London and made an offer, which was accepted by the suspects, who were based in Amsterdam. It was decided that the contract was made when the complainants received the credence. In his judgement, Parker LJ held: â€Å"that where parties are in each others’ presence or, though separated in infinite, communicating between them is in consequence instantaneous, there is no demand for any such regulation of convenience. To keep otherwise would go forth no room for the operation of the general regulation that presentment of the credence must be received. An acceptor could state: ‘I spoke the words of credence in your presence, albeit quietly, and you did non hear me, ’ or ‘I telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ’ So far as Telex messages are concerned, though the despatch and reception of a message is non wholly instantaneous, the parties are to all purposes and intents in each other’s presence merely as if they were in telephonic communicating, and I can see no ground for going from the general regulation that there is no adhering contract until notice of the credence was receive d by the offeror.† By and large, the formation of an online contract is the same as the formation of an offline contract. The confusion environing on-line contracts arises when credence is considered. As an illustration, see if the marketer processes the customer’s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ‘send’ button, when it leaves the seller’s e-mail system, when it enters the buyer’s e-mail system or when the purchaser reads it? A little differentiation shall be drawn between the Internet and electronic mail. However, as there is no uncertainty as to the relationship between the two, consideration will be given to both. It has to be said that the bulk of consumer minutess preponderantly take topographic point with small engagement of electronic mail. In some respects, it is rather reasonable to distinguish between the Internet and the usage of electronic mail. Minutess that are formed over the Internet are instantaneous, whereas the bringing of electronic mail may be delayed by hours and perchance yearss depending upon the sum of electronic traffic go throughing through the web. As the ultimate fate of an e-mail can be influenced by extrinsic factors, a more accurate analogy may be made with the postal service. The regulations sing negociating an offer must be considered. When an offer is accepted, if it seeks to add new footings to the offer, the original offer is destroyed and a counter-offer is made. The instance of Hyde v. Wrench [ 10 ] is a perfect presentation of this. Wrench offered to sell his farm to Hyde for ?1000. In response, Hyde said he would pay ?950. When this was declined, Hyde offered to pay the ?1000. The ensuing legal action held that Hyde’s counter-offer of ?950 had destroyed the offer to sell at ?1000. Unusually, non many instances sing contractual relationships created via the Internet have come before the tribunal. This is rather unusual sing that many goods and services have been available to buy online for several old ages. The instance of J. Pereira Fernandes SA v. Mehta [ 11 ] concerned an e-mail sent by the defendants’ helper on the defendant’s instructions, refering a debt. In the electronic mail, sent to the claimant’s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendant’s e-mail reference. The claimant’s canvassers were prepared to accept the offer and communicated this to the suspect explicating that they would direct him the necessary paperwork to formalize the understanding. The suspect neer received the paperwork. The claimant’s canvassers sought to implement the personal warrant given by the suspect in his electronic mail. At first case, it was held that the personal warrant given in the electronic mail was capable of being enforced. On leting an entreaty by Mr. Mehta, Judge Pelling Q.C. stated: â€Å"I have no uncertainty that if a party creates and sends an electronically created papers so he will be treated as holding signed it to the same extent that he would in jurisprudence be treated as holding signed a difficult transcript of the same papers. The fact that the papers is created electronically as opposed to as a difficult transcript can do no difference.† This judgement, given in the Chancery Division of the High Court, shows the bench is get downing to accommodate old contractual rules to embrace modern technological progresss. The International Chamber of Commerce’s Uniform Rules for Electronic Trade and Settlement put forward a proposal that offers and credences made electronically go effectual merely when it enters the information system of the receiver in a signifier capable of being processed on that system. [ 12 ] In order to appreciate the differences between offers and credences, the footings and conditions of several popular web sites have been looked at to measure the different points at which contracts become created. The first set of footings and conditions that were examined were those of Play.com. Paragraph 5 of the footings and conditions [ 13 ] provides: â€Å"No contract for the sale of any merchandise will exist between you [ the client ] and Play.com unless and until Play.com accepts your order by manner of an e-mail confirming that it has received payment in full for all the goods you have ordered. That credence will be deemed for all intents to hold been efficaciously communicated to you at the clip Play.com direct the electronic mail to you ( whether or non you receive that electronic mail ) . This verification e-mail sums to an credence by Play.com of you offer to purchase goods from Play.com or a 3rd party provider that is engaged on your behalf by Play.com† It is apparent that a contract will be merely be formed when Play.com send the verification electronic mail to the consumer. This will do for pass oning the credence to the consumer. Amazon.co.uk take a similar stance with paragraph 13 of their conditions of usage and sale [ 14 ] stating: â€Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receipt†¦Your offer represents an offer to us to buy a merchandise which is accepted by us when we send e-mail verification to you when we’ve dispatched that merchandise to you†¦That credence will be complete at the clip we send the despatch verification electronic mail to you.† Whereas Play.com accept the offer when they confirm reception of payment, Amazon.co.uk wait until they have sent a verification electronic mail corroborating they have dispatched the goods. The gadgetshop.com [ 15 ] differs somewhat as it makes proviso for the cancelling of the contract. In a similar attack to Amazon.co.uk, they merely accept the offer and reason the contract when despatch of the order occurs. With respects to the cancellation of the contract, paragraph 6 of the gadgetshop.com’s footings and conditions provides: â€Å"You may call off your contract with us for the goods you order at any clip up to the terminal of the 20 one yearss from the day of the month you receive the ordered goods. You do non necessitate to give any ground for call offing your contract nor will you hold to pay any penalty.† These methods of offering and accepting are all compatible with The Electronic Commerce ( EC Directive ) Regulations 2002, to be considered in the following portion of this essay. It should be noted that all the featured retail merchants send some signifier of collateral electronic mail. There have been many efforts to codify the jurisprudence associating to undertaking via the Internet. Because of the international nature of the Internet, many of the efforts at codification have been made by international administrations. In December 1999, the Organisation for Economic Co-operation and Development ( OECD ) agreed guidelines on the Electronic Commerce, the end of which was: â€Å".. that consumers shopping online should bask transparent and effectual protection that is non less that the degree of protection that they have in other countries of commercialism. Among other things, they stress the importance of transparence and information disclosure.† [ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in â€Å"A European Initiative in Electronic Commerce† . [ 17 ] The Consumer Protection ( Distance Selling ) Regulations 2000 apply to contracts made by consumers when there is no face-to-face contact with the marketer. This would clearly use to all consumer-related contracts formed via the Internet. When these Regulations do apply, they allow the consumer to call off the contract by giving written notice. This option remains unfastened for a period of seven yearss after having the goods provided under the contract. Protection is besides given to the marketer when they offer things for sale via the Internet. Regulation 11 ( 1 ) ( B ) of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 18 ] provinces that a marketer shall do available to the consumer appropriate, effectual and accessible proficient agencies leting him to place and rectify input mistakes prior to the placing of an order. Regulation 12 provides that an ‘order, ’ as mentioned in 11 ( 1 ) ( B ) means the ‘contractual offer.’ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: â€Å"Treatment of contracts Member States shall guarantee that their legal system allows contracts to be concluded by electronic agencies. Member States shall in peculiar guarantee that the legal demands applicable to the contractual procedure neither create obstructions for the usage of electronic contracts nor consequence in such contracts being deprived the legal effectivity and cogency on history of their holding been made by electronic means.† This ensures that the tribunals must use the same contractual rules to online contracts as they do to contracts created off-line. Article 11 of the aforesaid Directive [ 20 ] goes on to state: â€Å"1. Member States shall guarantee, except when otherwise agreed by parties who are non consumers, that in instances where the receiver of the service topographic points his order through technological agencies, the undermentioned rules apply: the service supplier has to admit the reception of the recipient’s order without undue influence and by electronic agencies, the order and the recognition of reception are deemed to be received when the parties to whom they are addressed are able to entree them. Member States shall guarantee that, except when otherwise agreed by parties who are non consumers, the service supplier makes available to the receiver of the service appropriate, effectual and accessible agencies leting him to place and rectify input mistakes, prior to the placing of the order. Paragraph 1, first indent and paragraph 2 shall non use to contracts concluded entirely by exchange of electronic mail or by tantamount single communications.† It has been demonstrated that under English contract jurisprudence, the offer must be accepted before a contract is formed. This in itself will be sufficient recognition of the order, nevertheless, the Directive places a farther load on the retail merchant because they must so admit the credence the offer. Undoubtedly, because of the planetary nature of the Internet, it should ever be considered which legal power would be used to regulate the contract. Should a contract fail to advert the regulating legal power, an of import factor to be considered would be in what legal power was the contract finalised. In this regard, peculiar attending should be paid to the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, although any farther analysis of this country is beyond the range of this essay. In decision, those who enter into contracts over the Internet must be offered some protection. If the jurisprudence of offer and credence does non readily use to such minutess so the whole impression of e-commerce becomes unstable. When a contractual difference comes before the tribunals, the bench have to turn to instance jurisprudence, some of which is 100s of old ages old. Through broad reading of the judgements given in these old instances, the tribunals are able to widen many of the rules already in being. The judgement in J. Pereira Fernandes SA v. Mehta [ 21 ] merely goes to exemplify the court’s avidity to supply those who enter into any signifier of on-line understanding with some protection. There is surely a clear differentiation drawn between the usage of the postal service and the usage of instantaneous communications, such as electronic mail. The illustrations given within this essay have demonstrated that contracts are formed at somewhat different times: either when reception of payment is received or the goods purchased under the contract are dispatched. However, there is small uncertainty that contracts are formed. The legislative governments, such as the European Union, have clearly appreciated the fact that in order for a contract to be formed, there must be an offer, which must be accepted. This is a basic foundation of contract jurisprudence which has been embedded in the common jurisprudence system of this state for 100s of old ages. As a consequence, this essay seeks to differ with the averment that the jurisprudence of offer and credence does non readily use to minutess formed over the Internet. By working in concurrence, the usage of electronic mail and the Internet can get the better of the jobs that may be encountered with the formation of contracts over the Internet. 3734 words. It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Adams v. Lindsell ( 1818 ) 1 B A ; Ald.681 A European Initiative in Electronic Commerce hypertext transfer protocol: //www.bakernet.com/ecommerce/european % 20ini % 20ecom.pdf as at 25ThursdayJuly 2006. Bygrave, L.A. A ; Foss, M. International Consumer Purchases through the Internet: Jursidictional Issues pursuant to European Law. I.J.L A ; I.T. 2000, 8 ( 2 ) , 99-138. Conditionss of Use and Sale of Amazon.co.uk: hypertext transfer protocol: //www.amazon.co.uk/exec/obidos/tg/browse/-/1040616/ref=cs_hd_lp_3/026-2738009-7862032 # sale as at 26ThursdayJuly 2006. Directing 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal facets of information society services, in peculiar electronic commercialism, in the Internal Market, â€Å"Directive on Electronic Commerce.† Entores Ltd. v. Miles Far East Corporation [ 1995 ] 2 All E.R. 493 Felthouse v. Bindley ( 1862 ) 11 CBNS 869 Fisher v. Bell [ 1961 ] 1 Q.B. 394 Hyde v. Wrench ( 1840 ) 3 Beav. 334 IOLIS, 10ThursdayAnniversary edition, Law Courseware Consortium, School Of Law, University of Warwick. J. Pereira Fernandes SA v. Mehta [ 2006 ] EWHC 813 ( Ch ) Lloyd, Ian.Legal Aspects of the Information System. Butterworths, 2000. Martin, E.A. A Dictionary Of Law, Fifth Edition. Oxford University Press, 2003. Perritt Jr. , Henry. Law and the Information Superhighway. Wiley Law Publications, 1996. Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( Southern ) Ltd. [ 1952 ] 2 All E. R. 456. Roger, Kevin. Signing your e-life off. 156 N.L.J. 833. Stone, Richard.The Modern Law of Contract, Fifth Edition. Cavendish Publication, 2002. Stone, Richard.Contract Law 2005-06, Sixth Edition. Cavendish Q A ; A Series, 2005. Footings and Conditionss of Play.com: hypertext transfer protocol: //www.play.com/HOME/HOME/navfoot/5-/AboutUs.html? page=terms as at 26ThursdayJuly 2006. Footings and Condtions of The Gadgetshop.com: hypertext transfer protocol: //www.thegadgetshop.com/pws/TAndC.ice as at 26th July 2006. Upex, R. A ; Bennett G.. Davies on Contract, Ninth Edition. Thomson Sweet A ; Maxwell, 2004. 1