Isaiah Davis Essays (1606 words) - Shakespearean Comedies

Isaiah Davis portrayals? Is it true that we are bound to advocate Helena as a women's activist saint (or a virgin legend) or are dynamic contemporary benefactors bound to reprimand her over the top docility? Moreover, do current observers container at the play's old people subjects? Do we hold onto the fantasy as we do TV sitcoms or do we excuse the drained plot intrigues and mechanical gadgets? Is there new shrewdness to be picked up from this ordinary, seventeenth century play? Maybe Shakespeare's story - presently all the while old and new- - resounds for contemporary crowds most especially. Surely our interest with marvel wellbeing fixes and syndicated programs that component such points as Men Afraid of Commitment, Awful Men and the Women Who Love Them, and Feminine Men and Feminizes can discover buy in Shakespeare's content. Our way of life is as yet intrigued with generational pressures (how often have we heard our folks regret former days when kids were increasingly conscious of their seniors, individuals were progressively worried about virtues, and Shakespeare was progressively open!) and character legislative issues (Is Helena a bitch? a women's activist? a charming mat? Is Bertram a weakling? One of the topics that rises up out of Shakespeare's parody All's Well That Ends Well is the contention among old and new, age and youth, astuteness and imprudence, reason and energy. As one pundit calls attention to, a basic look at the characters of the pla y uncovers a similarly adjusted cast of old and youthful. In execution it is clear that the young people of the main characters, Helena, Bertram, Diana and Parolles, is for each situation unequivocally adjusted by the more prominent age of their partners, the Countess, the King of France, the Widow of Florence and the old advisor Lafeu.1 Indeed, the argument among youth and age is set up in the principal go about as the Countess sees a reflection of her previous self in Helena's adoration wiped out face in scene three when she shouts Even so it was with me when I was youthful, and Bertram's value to the weak King of France in the past scene seems to hang upon his energetic likeness to his perished father. As the King clarifies, Such a man may be a duplicate to these more youthful occasions,/Which followed well would show them now/But goers-in reverse [I.2. 49-51]. Like such huge numbers of scholarly adolescents of his day, Shakespeare moved in reverse for his source material for All's Well and put together the play with respect to Giovanni Boccaccio's Decameron. Boccaccio's mid sixteenth-century story spins around Giletta of Narbona, the little girl of an affluent and regarded doctor. Giletta, similar to Helena (the little girl of the perished - and penniless - Gerard de Narbonne), begins to look all starry eyed at youthful check Beltramo, tails him to Paris where she cures the King's hopeless sickness, and, in view of her recently gained regal kindness, is conceded the option to request a spouse: Beltramo. Regardless of the King's elitist hesitance to allow Giletta her desire (which differentiates the Shakespearean ruler's unmitigated gift), he stays faithful to his commitment and requests the tally to wed the doctor's girl. The remainder of Boccaccio's story continues in like style to Shakespeare's except for Giletta's landing in Rossiglione (versus Rossillion) with twin children instead of a solitary baby. As W. W. Lawrence calls attention to, traditional people themes, for example, The Fulfillment of the Tasks and The Healing of the King undergird Boccacio's- - and consequently Shakespeare's- - tale.2 notwithstanding propositions story gadgets, the play additionally contains another society theme, that of the bed-stunt- - an as often as possible utilized show in Renaissance dramatization that permits one darling to be fill in for another unbeknownst to the primary party of a specific desirous tryst. Shakespeare depends on convention to give character types to him just as topical components. The puffed-up Platean officer or miles gloriosus figure shows up in All's Well in the pretense of Parolles, who slips from an admired line of showoff warriors, talkers and not practitioners, who start with Aristophanes and afterward strut their way through Menander, Plautus, and Terrence into Elizabethan comedy.3 In this way, Shakespeare gathers old shows, gadgets and stock characters to make another fantasy, one that bears the particular sign of custom however uncovers new experiences. For Shakespeare's prototype story is one that offers beginning to some troublesome inquiries. The same number of pundits affirm, All's Well contrasts from a considerable lot of Shakespeare's different comedies

Marijuana Exploratory

Jamal Mujaddidi English 205 Professor Jay 8 April 2010 Exploratory Essay Legalization: Good or Bad? As a component of the Marijuana Tax Act of 1937, Marijuana for all objects was banned across the country. Preceding this Act, more than 30 states had forbiddance laws towards Marijuana since ranchers who utilized for the most part Hispanic laborers griped that this medication would make individuals become â€Å"slow† or â€Å"lazy† and would likewise make the clients become dependent. Other than the ubiquity among this group, pot was utilized as an intoxicant during the 1850’s through the 1930’s and was recorded in the United States Pharmacopeia. The dynamic fixing in maryjane is THC, or delta-9-tetrahydrocannabinol, however this is just one of the 400 different synthetic compounds that are in the plant (TheWELL). It was endorsed for conditions, for example, work torment, queasiness, joint pain, and ailment (DeLisle). It was simply after people started perpetrating violations while affected by Marijuana that the U. S. Government Bureau of Narcotics gave maryjane the picture of an incredible, irresistible, substance that would lead clients into a progressively genuine dependence. During the 1960s, it was predominantly utilized by undergrads and â€Å"hippies,† and thusly turned into an image of insubordination to power. Weed utilize turned into a typical issue in congress which prompted The Controlled Substances Act of 1970 which arranged weed alongside LSD and heroin as S1 drugs, also called substances which have the most elevated relative maltreatment potential and no type of clinical use (DEA). Far reaching annihilation of cannabis and maryjane items started. The present rivals of maryjane authorization guarantee that pot has addictive characteristics and is a pestilence on America’s youth. This group presents that weed is a â€Å"silent-killer† because of a growth and form which can without much of a stretch develop on the part which is smoked by clients (PRNewswire). This organism can cause lung malignant growth and they have regarded pot as bio-perilous. The resistance additionally goes to state that maryjane can effectsly affect the mind and can cause synapses to bite the dust. Some examination recommends that utilization of pot during pregnancy can bring about untimely birth and low birth loads and can even reason transitory loss of ripeness. Alongside unfavorable consequences for the regenerative framework, the resistance asserts that weed use during pre-adulthood can be destructive to physical and sexual turn of events. This side pushes for additional forbiddance of cannabis and stricter disciplines because of their convictions that the negatives exceed the advantages. In this discussion, stand the moderate maryjane use supporters. This side perspectives cannabis use as a potential option in contrast to painkillers which are unfavorable to imperative organs. This group is essentially comprised of doctors and medicinal services experts, as wells as patients of incessant ailments and torment. Specialists and attendants state that cannabis is a less harmful and more affordable medication for sicknesses, for example, different sclerosis, Crohn’s illness, headaches, malignant growths, and numerous different issue which cause interminable side effects and torment. This side additionally expresses that marijuana’s flexible nature permits patients to pick up the agony easing impacts through ingestion, counterbalancing the negative impacts of smoking. Other than every one of these advantages, this group pushes for a protected, dependable and quality-controlled wellspring of cannabis which must be accomplished through legitimization. It is accepted that after this source is made, numerous unfriendly impacts of â€Å"bad† cannabis will scatter. Another camp of this discussion is the supporters of full authorization of cannabis use and development for therapeutic and recreational use. These supporters guarantee that pot ought to be permitted to be utilized in the manner liquor and cigarettes are utilized recreationally. They express these correlations have more regrettable long haul impacts than THC but then they are burdened and controlled. Another point they make is that maryjane would infuse a huge number of dollars into the economy once government developed cannabis is burdened. Other than the smoking and ingesting of the medication, the plant can be utilized for its normally delivered fiber known as hemp. This can be developed from the stem of the plant and utilized economically and modernly for paper, materials, biodegradable items and clinical purposes. Generally speaking, they accept the asserted threats of pot are overstated and insufficient clinical preliminaries have been done to check these cases. As a school level youth and the Legalization of weed use in California is on the polling form, I am keen on finding out about this issue before I make my choice. I have seen the advantages of therapeutic cannabis in my family and can authenticate the agony easing impacts. Concerning the recreational use, I accept that liquor is a considerably more hazardous substance that can be inconvenient to mental and physical wellbeing and cause unreasonable choices while impaired. Preclusion has appeared to not be a suitable arrangement before and I don’t figure it can ever understand anything. Guideline then again can end up being powerful on the grounds that substances won't be purchased and exchanged unlawfully. I figure the sanctioning of cannabis will improve lives, decline wrongdoings, and marginally improve the economy. Works Cited DeLisle, Judi. _Medical Marijuana Research Guide. Valencia West Campus Library_. Web. 20 Mar. 2007. 7 Apr. 2010. â€Å"DEA, Controlled Substances Act. † Welcome to the United States Department of Justice. Web. 08 Apr. 2010. â€Å"The Marijuana Initiative Is a Silent Killed and It Should be Defeated †Los Angeles, March 25/PRNewswire/. †_PR Newswire: Press Release Distribution, Targeting, Monitoring and Marketing. _Web. 08 Apr. 2010. â€Å"Fact Sheet †Marijuana. † The WELL †The Birthplace of the Online Community Movement. Web. 08 Apr. 2010.

Critically Evaluating Research Example

Critically Evaluating Research Example Critically Evaluating Research â€" Article Example > Critical Evaluation of Research InformationQuailitative research is a type of scientific research which involves an investigation that seeks to answer quetsions systematically using a predestined a set of procedures to solve the problem. It uses the “bottom up” and the inductive method of research primarily for the purposes of exploration and description in an effort to understand how peple feel, think and experiancetheir lives. Qualitative data is used. Evidence is collected, analaysis of themes, hoistic features and patterns done, and unprecedented findings produced which are applicable beyond the immediate areas tha research is limited to. The findings of a qualitative research are not generalized since the focal point is usually localized, personalized and subjective. Qualtitative research on the other hand is scientific research method that makes use of confirmatory, deductive or “top down” scientifc approach. It is primarily used for explanation, prediction and descr iption of quantitative data. It involves proper application of statistical methods to a large population. It is based on quantitave data and concentatrates on the analysis of diffferent variables. The evdenece is collected and the findings are statistical based on the predeiction (hypothesis. ) The goal of a quantitative research is usually to generalize the findings. Both qualitative and quantitave research methods differ mainly in the objectves of study, kind of resaerch questions used, types data collection instruments, the form of data produced by these instruments and the extent of flexibility of the study design. The following table adopted from Snap Surveys (2011) wesbite summarizes the diffefences between qualitative and quantitave resaerch methods. Table 1. Differences between qualitative and quantitative research methods. Qualitative ResearchQuantitative ResearchAimTo understand the underlying reasons and motivationsTo obtain insights into the circumstances of the problem , getting new ideas and theories for successive quantitatve studiesTo expose the existing trends in views, thoughts and opinionsTo get the generalized result from quantified data analysed on a sample and apply it to the population under study. To determine the ocurrence of different opinions and view in the sample under studyTo get findingd that can be further explored by a qualitative study. Sample Selection and sizeA small number of respodents are usually chosen using a particular quota for non-represenative cases. A randomly selected large group of cases represing the population under study. Collection of DataThe techniques used are either unstructured or semi-structured with the use of individual or focus group interviews The techniques used are structured with the use of questionnaires or telephone interviews. Data analysisThe analytical techniques are on-statistical like thematic analysis. The analytical techniques are statistical like use of descriptive techniques and measur es of central tendency. ResultsInvestigative and exploratory non-conclusive findings that cannot be used for generalizations. Give a basic understanding for further research and decision making. More conclusive findings that are used to make a recommendaions appropriate course of action. Question FormatOpen-endedClosed-EndedThe most important difference between qualitaive and quantitative research methods is flexibility. Quantitaive research methods are generally inflexible. Quantitave research methods such as quetsionnaires and surveys, partcipants are askes the same similar questions in an identical order. The respones expected from the participants are either fixed or “close-ended”. This inflexibility has an advantage in that it allows meaningful evaluation of the responses collected. Qualitative methods on the other hand are flexible allowing more spontaneity and variation of the relationship between the researcher and partcipants. The research questions are usually “ope n-ended” and the wording may vary from one participant to another. The partcipants therefore respond freely in their own words. It is not a simple “yes” or ”no. ”So, how are the two types of scinetific research methods valid in research and to what extent can they be reliad upon to give the required outcome? The validity of a research method refers to the extent to which the findingd of the study gave the outcome which they were designed to give. Reliability of a research study on the other hand refers to ability of the research method to be apllied elsewhere in a similar situation. There are differrent standrds for measures of validity and reliability for quantitative and qualitative research methods in evaluating the quality of a research. The table below shows criteria for explitly evaluating the soundness of both qualitative and quantitave resaerch methods. Table 1. Different criteria for judging qualitative and quantitave research methods.

Social Conformity And Political Disengagement - 975 Words

During the late 1950s and early 1960s intellectuals such as David Riesman, Irving Howe, William Whyte, and Daniel Bell critically analyzed what they perceived as ineffectual social conformity and political disengagement. Each had their own unique take on what exactly was wrong with mass society in the prosperous years after World War Two. Each had a different definition of conformity and aspects of society and politics were the cause of that mass society. By looking into these intellectuals writings it is possible to perceive what their criticisms with society were and what alternatives to conformity they advised. One widely known work by one of these four intellectuals is The Organization Man by William Whyte. According to Whyte there is a massive group within American society that he calls â€Å"The Organization†. Members of The Organization are not low class workers or white collar workers, but instead are the majority of the middle class that work within lager institutions. Whyte states that most members of The Organization are not in positions of great power within their respective occupations, nor will they ever be. Now it should be clear that The Organization not an actual institution or some conspiratorial body as its name implies, it is more of an abstract idea relating to the mindsets of the majority of the working class. A mindset in which middle level workers recognize their situation within a business or organization, but do not necessarily fret over it, they areShow MoreRelatedThe Desegregation Of The United States Supreme Court Essay1382 Words   |  6 Pagestotal of par ts in perspective of two incongruent sorts of human affiliation and control, greater part manage government and white supremacy. In pivoting Plessy v. Ferguson it, basically, signified the legitimate end to required restriction of one social affair of subjects from another with no attempt at being subtle workplaces essentially because of race. 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The Tort Law Effect On Victims Essay Online For Free - Free Essay Example

Sample details Pages: 12 Words: 3523 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Tags: Tort Essay Did you like this example? The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. Don’t waste time! Our writers will create an original "The Tort Law Effect On Victims Essay Online For Free" essay for you Create order It is important to discuss what roles the other parties played in the accident. Warne is an employer of an independent contractor (Hingis Ltd) who are a firm specialising in tree management. When an individual causes injury directly to another they will be liable for the tort committed. But when a person is liable for a tort committed by another it is called vicarious liability. For example if an employers, employee commits an act while at work then the employer can be held vicarious liable. Generally an employer or client in this case is not held vicariously liable for tort committed by independent contractors. The claimant normally will have to sue the contractor. However there are exceptions to the rule if the circumstances are an extra-hazardous activity. For example in Honeywill and Stein v Larkin Bros Ltd (1933) Honeywill engaged Larkin to take photographs of the interior of a cinema. Larkin used a flashlight which involved the ignition of magnesium powder. The came ra was placed too close to a curtain on the stage and the entire theatre caught fire. The Court of Appeal held that the taking of photographs in this way was an extra-hazardous activity for which Honeywill could not delegate responsibility to the photographer, and thus remained liable to the owners of the cinema for the damage caused. In Salsbury v Woodland (1969) a case which is very similar to our case. The owner of a house employed a tree-felling contractor to remove a large tree in his front garden. The contactor removed the tree in a negligent manner which broke a pair of telephone wires running across the garden which left the wires in the road causing an obstruction. Salsbury went into the road to remove the wires when a car approached at speed. Salsbury, realising that a collision was inevitable, threw himself onto the grass verge but his fall caused a tumour in his spine to bleed which brought about paralysis. Salsbury sued the house owner, the tree contractor and the ca r driver. The Court of Appeal held that the general rule should apply; namely that the householder should not be liable for the negligence of the tree contractor who was an independent contractor. The removal of the tree was not work of an inherently dangerous nature and could not be treated as an exception to the rule within Honeywill doctrine. From this case it concludes that Warne should not be liable because it was not foreseeable the contractor would mismanage the work and he acted reasonably by employing a specialist tree contactor. Hingis Ltd Hingis are a specialist tree contactor who have mismanaged the work and broke the telephone wires leaving them trailing across the road. A firm specialising in tree management should know the risks of branches hitting telephone wires that are close by. The tort of negligence can be summarised as: the defendant must owe duty of care to the claimant the duty must have been breached the breach must be the cause of the claimants damage or loss Hingis had a duty of care to other people around them which is called the neighbour principle and was established in the Donoghue v Stevenson (1932) case. Lord Atkin said that you have a duty of care owed to your neighbour in law. Lord Atkins response to the question Who is my neighbour? from the lawyer is You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be-persons who are so closely and dire ctly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question From this case it was established that if a duty of care does not already exist, a reasonable man will owe a duty of care not to injure those whom it can be reasonably foreseen would be affected by their actions. When Hingis cut down the tree which brought down the telephone wires they breached this duty of care; as a professional this should not have happened. In Bolam v Friern Hospital Management Committee (1957) a doctors professional judgement was made that another substantial body of other doctors would not have made and from this the House of Lords laid down standards that are expected of professional people. Could Hingis have reasonably foreseen that the tree would bring down the telephone lines? I think that as professionals they should have foreseen this. In The Wagon Mound case the op inion of the Privy Council was that a person is responsible only for consequences that could reasonably have been anticipated. Martina/Shane Martina was driving her car around the corner at speed when she hit Shane. Section 1 (1) of the Contributory Negligence Act 1945 says Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility for the damage The fact that Shane would not have been in the road if Hingis Ltd did not make the telephone cables trail dangerously in the road. I feel that it is a little unfair to blame Martina completely for hitting Shane. In Gregory v Kelly (1979) the claimant was held to be contributory negligent when travelling in a car when he knew that the footbrake did not work. In this case it is clear that the claimant was contributory negligent but in our case it is not clear cut. On the other hand Martina owes a duty of care to other road users and pedestrians, and therefore could be liable regarding any lack of duty of care. As she was perhaps driving too fast and the incident was around a corner where she obviously could not see clearly around. Shane as the reasonable man faced with an emergency of a potential traffic accident, took an instinctive decision to lift the wires to the side of the road. Shane could be referenced to a rescue case in law called Cutler v United Dairies (London) (1933) in which the claimant was injured trying to help the driver of a milk float whose runaway horse had come to rest safely in a field. The court held that the danger was over by the time the claimant carried out his heroics. The horse as I see it is the equivalent of the wires on the road in our case. Volenti non fit injuria is a rule that means a person cannot usually sue for damages when he consented in the fi rst place to whatever it was that caused the damages. If someone willingly placed themselves in a position where they may be harmed, they cannot then sue if harm does in fact happen. It could be argued that Shane as someone with a pre-existing back condition go into the middle of the road to remove the wires? The volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions. Rescuers are unlikely to be held volenti if they sue the person who originally created the danger. In Harrison v British Railways Board (1981) the court said that an injured rescuer could sue the person who created the danger. The rescuer was found to be contributory negligent for not following established work procedures. Conclusion My view is that Hingis is certainly negligent for the mismanaged work, but they could not have foreseen that a member of the public would run out into the road to remove the wires. Martina is negligent for not driving with due care and attention to other road users, as she should not have been driving to a speed which would not allow her time to stop if something or someone was in the way. For example it could have been a child which had run out in the road and she needed to stop quickly. Although Shane acted completely recklessly by removing the wires when a reasonable man may have just stopped the traffic and called for assistance. He could sue both Hingis and Martina which would lead to multiple tort feasers. If he was to sue only Hingis he would leave Hingis the choice to sue Martina for contributory negligence. QUESTION 2 Victor The building operations that disturb Victor in the early mornings and during the afternoon, when he is trying to give piano lessons are due to Montgomery construction Ltd carrying out renovation work on Davids house. This falls into a category of nuisance in the law of tort. This is the unlawful interference directly or in directly with a persons land. The interference must be within circumstances that a reasonable person cannot be expected to tolerate which is a very difficult and complex decision by the courts to reach. Nuisance has four different categories: Trespass Private nuisance Public nuisance Statutory nuisance Victors case is one of private nuisance as it is a neighbours property as outlined in the case of Spicer v Smee (1946) when the judge said Private nuisance arises out of a state of things on one mans land whereby his neighbours property is exposed to danger. A balance must be maintained between the right of the occupier to do what he likes with his own home, and the right of his neighbour not to be interfered with. In Christie v Davey (1893) Christie and Davey were neighbours. Christie was a music teacher that gave lessons and sometimes held musical parties. Davey objected to this, and retaliated by blowing whistles, banging on metal trays, shouting, and generally making a noise to disturb the music. An injunction was granted to Christie as Daveys conduct was purely malicious and was therefore unreasonable. In Andreae v Selfridge Co Ltd (1937) Selfridges failed to keep the noise and dust of building work to a minimum are were found negligent as they had conducted its operations in such a way noise and dust had interfered with the reasonable and comfortable occupation of Andreae on her premises. The contractor must take proper precautions, and see that the nuisance is reduced to a minimum as Andreae had suffered damages. If Victor can prove that his students are not having lessons with him due to the noise than m aybe he could have a case where he could claim damages to his business due to the building work noise as in the Andreae v Selfridge Co Ltd case. I think Victor is over sensitive because he would have a tuned ear to noise as a piano teacher. The majority of people would not be adversely affected by construction work to a neighbours property although they may be inconvenienced. The piano lessons in question are similar to the case McKinnon Industries v Walker (1951) where fumes from the defendants factory damaged delicate orchids. As the fumes would have damaged flowers of ordinary sensitivity there was a nuisance. The court ruled in favor of the plaintiff because his right to enjoy his land had been damaged and therefore could also claim protection for his more unusual and sensitive activities. The standard of tolerance is that of the normal neighbour but a plaintiff has a case in nuisance for damage even if he is abnormally sensitive. I conclude that the best Victor is likely to achieve in court is a restriction on the early morning working hours on the site. David and Montgomery Construction are not liable for the noise as a private nuisance. The work is temporary and the complainant is sensitive. Victor as a piano teacher seems to be over sensitive to noise and the noise is just a short term issue. Christine This falls under occupiers liability acts (OLA) 1957 and 1984 an occupier of premises owes a common duty of care to all lawful visitors. The definition of an occupier was discussed and clarified in Wheat v E Lacon (1966) when Lord Denning defined the occupier as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to lawful visitors. He said: Wherever a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an Occupier and the person coming lawfully is his Visitor and the Occupier is under a duty to his Visitor to use reasonable care. In AMF International Ltd v Magnet Bowling Ltd (1968) the contractor was to provide and install valuable timber and other specialised bowling alley equipment. On July 21, 1964 an exceptionally heavy rainstorm flooded the build ing and the timber for the building work was seriously damaged. The court held that the contractor and the building owner were both occupiers of the building. In the OLA 1957 an occupier must be prepared for children to be less careful than adults (s2(3)(a)). Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe as in Phipps v Rochester Corp (1955) the Defendant was not liable to a boy who fell into a trench while walking across open ground with his sister. This was not a breach of duty as reasonable parents will not permit young children to be sent into danger without protection. The OLA 1984 covers uninvited visitors or trespassers in (s.1(4)) it states that an occupier of premises owes a duty to another in of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned. In British Railways Board v Herrington (1972) the board was held liable for injuries to a six year old child who had been playing on the railway line. The House of Lords held that the occupier of the railway premises owed a duty of common humanity to the child. Until this case no duty of care was owed to trespassers. The Occupiers Liability Act 1984 was then extended after this to include a duty of care to trespassers). My advice to David and Montgomery Construction Ltd is that as one of them is the owner and the other is the builder they both are jointly occupiers of the premises and have control over the premises. Christine was a child trespasser who entered the building through an unglazed window. The site should have proper Heras fencing around it with all the correct signage for health and safety. The building itself should be fairly secure to stop trespass and for security. The window that Christine entered through should really have been boarded up. Referring back to the British Railways Board v Herrington case they could well be held liable for no duty of care to Christine. But it must be stated that the signage that is sufficient for adults is not good enough to apply to children. That is if a sign that states no trespassing for example is it considered inadequate for a child to understand and follow. Edgar Edgar was a lawful visitor to the site in question and under the OLA 1957 the occupier owes a common duty of care to him. Again both the contractor Montgomery and David may be considered to be the occupiers of the building. All visitors to sites are given an induction and told of all the health and safety risks on site. I feel Edgar should have been aware of the hazards on site after this and should take the necessary precautions associated with a building site. (s.2(4) OLA 1957 states: (a) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and (b) where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done. I feel that wet plaster on the floor is not a sign of an incompetent tradesman but more of the nature of the job with plastering. Edgar was aware of the risks on site and any injuries sustained to him could be due to contributory negligence from lack of care. But if Edgar was on site without a site induction David and Montgomery could be held liable for duty of care to Edgar. QUESTION 3 The rule of Rylands v Fletcher (1868) is a tort of strict liability and was laid down from the case which caused harm by escapes from land used for hazardous purposes. The defendants employed a contractor to construct a reservoir on their land. When doing this water broke through the filled-in shaft of an abandoned coal mine and flooded connecting passageways into the plaintiffs active mine nearby. The defendants were held personally liable irrespective of fault. Judge Colin Blackburn said: We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the Plaintiffs default; or perhaps, that the escape was the consequence of vis major, or the act of God; but a s nothing of this sort exits here, it is unnecessary to inquire what excuse would be sufficient. This rule opens up an opportunity for the courts to apply all liability upon the owner of the land who had not intended for the escape and or damage. It is a good example of a loophole that allows the independent contractor to get away with negligence and the owner of the land is held accountable for everything. Strict liability is imposed under the liability for fire and to a degree for animals. Defences can be: If the claimant has consented Default of the claimant Act of a stranger Act of God Statutory authority Rylands v Fletcher is very useful where the defendant has done everything that he could possibly do to stop something happening. Word count: 3282 Biography Brewer Consulting Extra hazardous liabilities [online] Available at: https://www.brewerconsulting.co.uk/cases/CJ9619NE.htm [accessed 9th May 2009] WordPress Duty of care in torts'[online] Available at: https://www.legal-history.com/?p=42 [accessed 9th May 2009] The K Zone Bolam v Friern Hospital [online] Available at: https://www.kevinboone.com/lawglos_BolamVFriernHospitalManagementCommittee1957.html [accessed 10th May 2009] Law teacher The tort of negligence [online] Available at: https://www.a-level-law.com/tort/Negligence/Flowchart.pdf [accessed 10th May 2009] Office of public sector information Law Reform (Contributory Negligence) Act 1945 (c.28) [online] Available at: https://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1945/cukpga_19450028_en_1 [accessed 14th May 2009] Swarb Nuisance 1930- 1959 [online] Available at: https://www.swarb.co.uk/lisc/Nuisn19301959.php [accessed 14th May 2009] Fenwick Elliott nuisance and the builder [online] Available at: https://www.fenwickelliott.co.uk/files/docs/articles/html/nuisance.htm [accessed 14th May 2009] Loughborough University IDENTIFICATION OF ENVIRONMENTAL RISKS [online] Available at: https://www2.ing.puc.cl/~icccon/abstracts/PDF/Track5/T5-P22.pdf [accessed 16th May 2009] Swarb Torts 1960-1969 [online] Available at: https://www.swarb.co.uk/lisc/TrtOt19601969.php [accessed 16th May 2009] Law teacher AMF International Ltd v Magnet Bowling Ltd [online] Available at: https://www.lawteacher.net/cases/neg15.htm/file-91.php [accessed 16th May 2009] Card,R. Murdoch, J. Murdoch,S.,2003. Estate management law. 3rd ed. New York: Oxford University Press. Askey,S. McLeod, I., 2006. Studying Law. 2nd ed. Hampshire: Palgrave Macmillan Paper 6041 (2002) General liability, CEM Paper 6042 (2002) Direct and indirect interference with land, CEM Paper 6043 (2002) Negligence, CEM Paper 6044 (2002) Defective premises, CEM Paper 6045 (2002) Breach of statutory duty, CEM Paper 6046 (2002) Strict liability, CEM Mullis,A. Oliphant,K. 2003. Torts 3rd ed. Hampshire: Palgrave Macmillan

A Birthday Surprise Free Essays

It was 19th May of 2006 and it was my father’s birthday. He is the kind of person who prefers simple dinners with his own family instead of noisy celebration with relatives and friends. But that day was special cuz he had his 40th birthday. We will write a custom essay sample on A Birthday Surprise or any similar topic only for you Order Now It was Saturday and after we wished him happy birthday, he went to work. Well my father thought that we were just going to have a dinner as always. But this is what he knew while my mom and I had organized a birthday surprise. She had invited all his close friends and family for a cocktail party in the evening. Everything was ready. Even why I passed all the day shopping I couldn’t wait till my dad came home. Anyway he arrived sooner than I thought and later I began to get dressed. I was totally excited. My mom had the most difficult ‘job’ if I can say so. She had to convinced him to wear a suit and she made it up. Another anusual thing happened. I wrote unusual because my mom asked him to drive. She never did this maybe she has her own car that’s why. I think that my dad understood that he had missed something. So began to ask where are we going and why am I wearing a suit. I told him we changed the reservation but it was irritated hearing him asking the same question over and over again. But finally we arrived and everyone was waiting for him. When my father entered in all began to sing the happy birthday song. I remember everyone had a great time and I won’t forget my father;s happy face telling me I knew something was going on. Time by time I have a look to those photos we had. It really was a special day. How to cite A Birthday Surprise, Papers

Corporate Law Partnership Act

Question: Discuss about theCorporate Lawfor Partnership Act. Answer: Introduction The question states that Jack, Jill and Max have managed to establish a healthy business which is related with the sale of truck and are now searching for a suitable legal structure to propel their business ahead. In order to capture on the future growth opportunities provided. It is imperative that the business structure must be appropriately defined. In the given case, sole trader is not possible as there are three owners have stake in the business and thus the viable alternatives for the current business are a partnership structure and a company structure (Latimer, 2005). A critical analysis of these structures along with implications is discussed below. Partnership In accordance with the relevant act of the Partnership Act, 1963, partnership refers to the relationship that exists between individuals or partners in relation to carrying on with a particular activity with the prime intention of deriving gains from indulging in the same. Also, there are some features of partnership as highlighted below. Partners tend to have fiduciary duties that are directed toward each other (Birtchnell v. Equity Trustees (1929) 43 CLR 384) The governance of partnership is driven by underlying idea of mutual participation (Green v. Beesley (1835) 2 Bing N C 108) Benefits The advantages of a partnership business are briefly outlined as shown below (Davenport Parker, 2014) There are minimal legal formalities (less cost and consumption of time) associated with its inception as potentially the execution of partnership agreement gives rise to a partnership firm. Since there are partners who are looking after the business, thus it potentially leads to better work load division in comparison with sole trader and enhances the decision making prowess owing to broader set of suggestions. There is objectively in relation to the sharing of benefits and liabilities which are driven directly from the partnership agreement and the underlying statute.. Limitations There is mutual liability of partners and hence the partners tend to bound by individual decisions taken by a particular partner with or without the consent of others (Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11). There is lack of liquidity in terms of the exit option since a particular partner cannot sell the stake to another investor without consent on the same by the existing partners. There is infinite personal liability on the partners as the partnership firm does not have a separate legal identity and is known by its partners only who have to personally bear all business related liabilities (Re Buchanan Co (1876) 4 QSCR 202) Benefits of Company The business is in the companys name as it has a separate legal entity as prescribed by the Corporations Act 2001. The shareholders have no personal liability for the activities of the company and for any issue the company would be held responsible and may also face liquidation It is convenient to alter the ownership structure by the issue of the shares and hence aids is raising of incremental capital Limitations of Company There is higher requirement of time and cost with regards to inception of the company. The company typically has higher reporting obligations as compared to the other structures which may be resource consuming. Recommendation Conclusion In the given case, the owners should choose the company structure owing to the reasons attributed below. Considering the nature of business, capital requirements are expected to be high and hence company allows for convenient raising of capital through equity dilution (Harvey, 2009). In case of a faulty truck, the potential liabilities for the business can be sizable and thus the company structure would provide immunity to the personal wealth of the owners in case of any adversity As the business is expected to witness rapid growth, the tax liability in case of company would be lower than the individual tax obligation paid by the owners at the highest marginal rate (Lindgren, 2011). Issues To ascertain whether the employer (Child Toys) would have to necessarily bear the liability arising from the wrong actions taken by employee (Betty). To advice the employer (Child Toys) on the possibility of taking legal course of action against the potential violation of restrictive covenant by previous employee (Charles). Rule It is noteworthy that employer-employee relationship is a prime example of an agency relationship where the employer acts as the principal and employee tends to act as their agents. In such relationships, both the parties have fiduciary duties towards each other. In this context, the employee needs to ensure that he/she should act with care and adequate due diligence and seek to take only those actions which further the valid interests of the employer (Paterson, Robertson Duke, 2015). Further, the employer need to provide immunity to the employee for their actions and bear any liabilities that may arise from the same (Keramianakis v Regional Publishers Pty Ltd, [2009] ). However, this immunity is limited only when the employee has acted in good faith (Lindgren, 2011). But, this however does not matter for the external party client who is entering into contract with the company through the agent. The agent acts as a representative and essentially the contract is executed with the company which needs to bear any contractual liabilities arising from the same. This is the case even when the employees have acted in a manner that is detrimental to the interest of the principal and that too without the knowledge or instructions from the principal to engage in the same (Amaba Pty Ltd v Booth [2011]) (Pathinayake, 2014).This understanding with regards to the liabilities being borne by the employer is also explicitly mentioned in the Section 5Q, Civil Liability Act, 2002. Further, in cases where the contracts have been executed by employees or agents through misrepresentation (innocent or fraudulent), the potential liabilities that arise from the same in the form of claims by the external party would necessarily be borne by the employer even when the it has given no instruction to the employee to engage in misrepresentation (Maxwell v Highway Hauliers Pty Ltd, [2014]). This understanding is also advocated by Section 128 and Section 129 of the Corporations Act 2001 (Davenport Parker, 2014). With regards to the enactment of restrictive covenant, these are put in place by the employers to ensure that the employee in the aftermath of termination of employment do not engage into competing activities by leveraging the privileged information that they gain access to owing to their superior position at the previous employer. In most cases, restrictive covenants are not enforceable especially when they tend to be highly restrictive in scope and intent (Latimer, 2005). It is noteworthy that businesses have privileged information that may be accessible to top executives and it is imperative that on retirement or termination of employment contract, these employees do not act in bad faith by leveraging this information to cause harm to the interests of the precious employer (Australia Pty Ltd v Allam, [2013]) (Lindgren, 2011). In such cases, when it is apparent that conduct of the employee is driven by bad faith and intent, then the restrictive covenant is held enforceable by the court of law (Wingfoot Australia Partners Pty Ltd v Kocak, [2013]). Thus, it may be fair to conclude that while the restrictive covenant is not wide and highly intrusive in its scope but still in selective circumstances, it can potentially protect the employers business interests especially when the previous employee is acting on bad faith (Pathinayake, 2014). Application: Based on the case information, it would be fair to conclude that Betty is an agent of the company (Child Toys) and has entered into a contract based on fraudulent misrepresentation. Due to this contract, a child got severely injured as presence of chemicals in toys was confirmed. While the agent did not inform or take permission from the company before misrepresentation of facts, but despite that the employer would be liable for the injuries sustained by the child. However, in case of betty indulging in misrepresentation without instructions from the company, then she has breached her fiduciary duties and could be held liable by Child Toys. It is apparent that Charles had a privileged position at Child Toys which provided access to clients and a better understanding of their individual requirements in terms of toys. Despite the enactment of a restrictive covenant which extended to two years, Charles immediately after leaving the company opened a rival business and started doing business with the clientele of the previous employer. Ideally, Charles should not have approached these clients directly and this amounts to acting in bad faith due to which the enforceability of the restrictive covenant would be hailed by the court and the company can take legal course of action to seek damages or get an injunction order to prevent Charles from repeating it. Conclusion: The company (Child Toys) has to bear the losses and damages claimed due to misrepresentation by Betty. The restrictive contract is considered enforceable as Charles acted in bad faith by directly seeking business from the previous employers clients and hence legal actions can be undertaken by Child Toys. References Statutes and Case Laws Partnership Act, 1963 Corporations Act, 2001 Amaba Pty Ltd v Booth [2011]. 283 ALR 461; Aristocrat Technologies Australia Pty Ltd v Allam (2013) 297 ALR 406 Birtchnell v. Equity Trustees (1929) 43 CLR 384 Green v. Beesley (1835) 2 Bing N C 108 Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11 Keramianakis v Regional Publishers Pty Ltd(2009) HCA 18. 237 CLR 268 Maxwell v Highway Hauliers Pty Ltd (2014) HCA 33 Re Megevand; Ex parte Delhasse (1878) 7 Ch D 511 Wingfoot Australia Partners Pty Ltd v Kocak (2013) HCA 43 Books Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Latimer, P 2005. Australian business law, 24th eds., CCH Australia Ltd. Sydney Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney

PageSpeed Insights Score Why Faster Hosting is More Important

You want your WordPress site to load lightning-fast. And if youre like most of us, when you think of improving your sites page load times to get that lightning-fast designation, you think of your Google PageSpeed Insights score.For many website owners, its their white whale. Getting a perfect score on PageSpeed Insights is the impossible quest that will magically solve all of their page speed woes.But is a high PageSpeed Insights score the be-all and end-all of fast page load times? Sorry, but no. If your focus is on improving your sites page load times, finding a better host will often take you further.In this post, Im going to run a real test to show you that high-performance hosting will do more for your page load times than endlessly striving to improve your PageSpeed Insights score.What is Google PageSpeed Insights? Should you care?If youre not already familiar, PageSpeed Insights is a Google-offered tool that helps you both analyze and optimize your websites performance for des ktop and mobile visitors. Before I get into what exactly that entails, lets talk about what PageSpeed Insights is not:Its not a tool that gives you a real number for how long your page takes to load. You need other tools for that. Instead, PageSpeed Insights gives you a score from 0-100 based on how well your site is technically optimized, with separate scores for desktop and mobile.To calculate this score, Google uses two metrics (direct quote):time to above-the-fold load: Elapsed time from the moment a user requests a new page and to the moment the above-the-fold content is rendered by the browser.time to full page load: Elapsed time from the moment a user requests a new page to the moment the page is fully rendered by the browser.And while Googles suggestions are important, they readily admit that the test only considers the network-independent aspects of page performance. That means PageSpeed Insights does not, among other aspects, directly consider the speed of your host.So whi le PageSpeed Insights gives you great suggestions for speeding up the technical aspects of your page, getting a perfect score on PageSpeed Insights will never be enough to completely overcome a slow host.In Googles own words, the absolute performance of the page will still be dependent upon a users network connection.* It should be noted that Google is also talking about a visitors personal Internet speed.Do visitors care if you score 100/100 on PageSpeed Insights?No. Most of your visitors wont have a single clue what PageSpeed Insights is, let alone care about your sites score.Plenty of data says that users care about how quickly your page loads in absolute terms. Akamai found that, at least for eCommerce sites, 30% of users want sites to load in under 1 second. And on mobile, 74% of users will abandon a site that takes longer than 5 seconds to load.(Charts by Visualizer Lite.)But as we learned in the previous section, PageSpeed Insights does not calculate the absolute page load ti me of your site.Does a high PageSpeed Insights score equal a quick-loading site?Yes and no. A higher PageSpeed Insights score will likely improve the speed of your website. It will get you a quicker loading site.But heres the thing:Your website will only ever be as fast as the hardware thats powering it. A high-quality web host and good caching will almost always take you further than a 25-point improvement in your PageSpeed Insights score.To prove that, Im going to run a real-world testHeres how Ill set it up:Two fresh WordPress installs. One on Kinsta (high performance managed hosting) and one on Arvixe (cheap shared hosting from the same parent company as Bluehost and HostGator).Default Twenty Seventeen themeJetpack installed and activated (no Photon CDN, though)Imported WordPress test dataOne post with one ~150 KB full-size unoptimized imageUsing those settings, Ill run each site through PageSpeed Insights and use Pingdom Tools (testing from San Jose) to calculate the absolute p age load time for each site. Ill use PageSeed Insights Desktop score for the purposes of this test.Once I have those numbers, Ill optimize both test sites to improve their PageSpeed Insights scores by:Installing W3 Total Cache (only on Arvixe, not Kinsta)Installing Autoptimize for better minificationOptimizing the imageMy goal is to get at least a 90+ PageSpeed Insights score.Once I achieve that goal, Ill run both sites through PageSpeed Insights and Pingdom again. And then, Ill show you all of the data!**NOTE** Kinsta has built-in caching. So when I first run the Kinsta site through PageSpeed Insights, it will naturally have a better first score than Arvixe. Therefore, its most illustrative to compare the optimized versions of each site against one another.Test results PageSpeed Insights vs. moving to faster hostingAfter running the tests and crunching the numbers, here are the results I came up with.Arvixe Test 1 Unoptimized PageSpeed Insights score:My unoptimized Arvixe test s ite had a mediocre PageSpeed Insights score of 66/100:Pingdoms calculated page load time was better than I expected, clocking in at 1.95 seconds. Thats actually not horrible. But remember that Im testing on a dummy site without much content:Kinsta Test 1 Unoptimized PageSpeed Insights score:With the exact same settings as Arvixe test #1, my Kinsta test site had a much-improved PageSpeed Insights score of 80. As I mentioned in the disclaimer above, this is because Kinsta has server-side caching:As I expected, Kinsta also had a superior page load time of just 610 ms:Arvixe Test 2 Optimized PageSpeed Insights score:After making the tweaks I mentioned above, I got the PageSpeed Insights score for my Arvixe test site up to 90/100. A major improvement from 66 and worthy of the coveted green seal of approval:So what was the effect on actual page load times? A marked improvement to 947 ms. Which illustrates my pointas significant as that improvement is, its still slower than the unoptimiz ed test site on Kinsta:Kinsta Test 2 Optimized PageSpeed Insights score:After making the same tweaks on Kinsta to optimize images and minify code, I managed to get its PageSpeed Insights score up to 91/100, almost identical to my Arvixe test site. The only difference is that Google dinged the Arvixe test site 1 point for Reduce server response time:Pingdom results werent much different. There was a slight improvement to 574 ms, but nothing mind-blowing:You can view a summary of the results below. Remember these are identical test sites. Literally, the only difference is that I used W3 Total Cache for my Arvixe test site, while Kinsta already included built-in caching.PageSpeed Insights Score vs Good HostHost / Test #PageSpeed Insights ScorePingdom Page Load TimeArvixe Test 1661.95 sKinsta Test 180610 msArvixe Test 290947 msKinsta Test 291574 msWrapping things upI dont want you to come away from this post thinking that you should ignore Google PageSpeed Insights. The people at Goog le are way smarter than I am. They know what theyre doing.All Im saying is thisFocus most on whats actually important absolute page load times. PageSpeed Insights is not the end of your optimization journey. Nor should it always be your primary focus.When it comes to absolute page load times (the important thing!), switching to a faster host and implementing good caching will have a much larger effect than trying to go from 66 to a 90 PageSpeed Insights score on sub-par hosting.By all means, implement PageSpeed Insights suggestions. Just dont obsess over them.What do you think? Are you struggling to make your WordPress site load fast?

Baby Boomer Health, Money and Retirement Concerns

Baby Boomer Health, Money and Retirement Concerns Free Online Research Papers As the Baby Boomer generation continues to grow older, their concerns have shifted to their health, money and retirement. The days of wondering where their next vacation should be and whether their bonus check will be as much as they deserve are passing. Today, Baby Boomer issues are mostly about concerns with maintaining their health and having enough money to live comfortably through their years. As people grow older, they often experience problems with their health. Their bodies grow more fragile and susceptible to diseases. Many people 50 years of age and older are reporting health problems that were not experienced by people in their same age group long ago. This problem is created by rising health care costs. As the Boomer generation begins to require more medical care, the cost of that medical care continues to increase. Health issues and their ability to cope with them and find the proper medical support is a major concern for Baby Boomers. Along with rising health care costs, Baby Boomers also worry about money and retirement. During the last couple years of their careers before retiring, people usually enjoy salaries and bonuses that are larger than at any other point in their career. As a result, money is rarely a major concern. However, many people fail to save that money. Instead, they spend it on vacations, their families and in the pursuit of living fun lives. This can lead to a rude awakening when they retire. Because they have not saved much money during their career, a lot of people discover that they do not have enough money to live comfortably during their retirement years. When they retire, they no longer earn a salary. They no longer receive bonus checks. Instead, they are forced to live off the income that can be generated by the investments they have made throughout their lives. Unfortunately, many have not invested any money that can generate this income. Other Baby Boomer issues complicate this money problem. People live longer lives today. When a Baby Boomer retires, he can expect to live many years in retirement. In the past, a 65-year old man could expect to live 10 years in retirement before passing away. The financial requirements of living comfortably for these 10 years were manageable. Today, people use a life expectancy of 90 to 95 years. That is, when a person retires at 65 years of age, he can expect to live up to 30 years in retirement. With dwindling health, rising health care costs and a lack of savings to generate income, the financial requirements of living 30 years in retirement are out of reach for many people. These health, money and retirement concerns will grow as more of the Baby Boomer generation moves into retirement. Some will choose to work part-time jobs to keep active, stay healthy and generate supplemental income. Others will require the aid of family and friends. Still others may require more help than is available to them. As the Baby Boomer issues are beginning to emerge the Boomers will experience the issues that have been quietly gaining momentum for years, their health, money and retirement concerns will continue to grow. Research Papers on Baby Boomer Health, Money and Retirement ConcernsTwilight of the UAWThe Effects of Illegal ImmigrationPersonal Experience with Teen Pregnancy19 Century Society: A Deeply Divided EraMarketing of Lifeboy Soap A Unilever ProductInfluences of Socio-Economic Status of Married MalesGenetic EngineeringQuebec and CanadaThe Masque of the Red Death Room meaningsPETSTEL analysis of India

Some botanists argue that in some cases the extraction of starch from Essay

Some botanists argue that in some cases the extraction of starch from sago palm is an easier alternative to traditional agricult - Essay Example One conclusion drawn from the research include the idea of using traditional sago palm as a source of starch proves to require more research before it can be implemented at a wider scale. According to Ellen, â€Å"†¦because variability in ecology, management, methods of working, and productivity are intrinsic to all individual sago-harvesting populations, it is, therefore a crucial parameter in understanding its adaptive features as a mode of subsistence and a source of food.† There is therefore a need for further study of the sago palm before it can be used as a substitute to traditional sources of starch. Another conclusion drawn from the research is that the skills and procedure needed in the extraction of starch from sago palm is more like â€Å"deliberately socially transmitted knowledge† (Ellen). This means that in order for one to perfect the extraction process, there must first be a knowledge of the culture that produces it, for sago extraction in the Pacif ic Islands and Southeast Asia is clearly interwoven in the culture of the people involved in it. Is this an interdisciplinary study? Explain your answer.   Ellen’s study is one which is interdisciplinary in nature. The reason is that the process of starch extraction from the traditional sago palm required the author to delve into the culture of the people of South Central Seram in Indonesia, who first developed the process. Without a knowledge of how the people incorporated the starch extraction process in their culture and without enough information on the traditional steps in starch extraction undertaken by the Seram natives, perfect use and further development of the technology would be impossible. Moreover, Ellen mentions a little bit the impact of the utilization of sago palm trees on the environment and the ecological balance of the area. Ellen’s study therefore combines biology, ecology and anthropology. Why is the number of structural components of the extrac tion apparatus not necessarily a gauge of the complexity or efficiency of the process?   The number of structural components of the basic extraction apparatus does not determine the efficiency of the process because the apparatus â€Å"can be modified and elaborated in numerous ways† depending on the overall desired result of the extraction process (Ellen). For example, the troughs can be arranged in many ways or more troughs can be added depending on what the priority of the extraction is, such as maximizing the amount of extracted starch. It is clear that no matter how many variations are done in this part of the process, the principle is still simple. What basic principles had to have been known to develop the technology?   Among the principles that need to have been known before the technology can be developed would include the seven core operations of sago extraction itself: â€Å"cutting, excavating, pounding, pressing or filtering with water, sedimentation and dra ining† (Ellen). Without a knowledge of such basic operations, one would not be able to exactly determine which part of the starch extraction technology needs the most improvement and development in order to maximize yield. Moreover, owing to the fact that sago palm starch extraction requires an interdiscipli

Marketing in the Media 2013 Essay Example | Topics and Well Written Essays - 1250 words

Marketing in the Media 2013 - Essay Example Everybody wants the best for their pet, which in most cases receive as much attention as their loved ones. In fact, to some, they are their only source of companionship. Therefore, people want the best for their best friends, and the best way of doing this is by feeding them on the best quality food available. This is the marketing strategy that Blue Buffalo had when it launched the campaign series. Uploaded videos are short, directly addressing the main aim of the advertisement, which is showing the advantages of using Blue Buffalo food over other brands. Blue buffalo advertisement is not just an ordinary advertisement; it incorporates creativity, emotional appeal, engages the customers, and assures them of quality and results. Additionally, it is daring and convincing, especially by challenging the customers to take a test of their brand quality. Relevance of the advertisement Advertising is the manner in which producers of either goods or services seek to convince the public to pu rchase their goods or services, or sell their ideas to the people in order to make a sale. Marketing on the other hand is the act of communicating the value of an idea, good or service to a particular target audience in order to make a sale. ... Among the common strategies used by organizations, include educative advertising strategy, informative advertising strategies, and aggressive advertising strategies, among others. The Blue Buffalo campaign highlights the need for an aggressive marketing strategy for the success of any brand. Most of the companies, despite having a strong brand, fail to make sales due to lack of aggressive marketing and advertising. Aggressiveness of an advertisement seeks to catch the attention of the target audience, convincing them that theirs is the best choice. Not unless a company embarks on an aggressive marketing strategy, people will never know of the existence of their brand. By aggressively advertising, Blue Buffalo aims at catching the attention of all pet owners, within and outside United States to use its brand. Persuasive advertising, according to (Armstrong, 2010) aiming at persuading people to purchase a product or service, is an example of advertising strategy that Blue Buffalo adver tisements use. Blue commercials particularly aim at persuading pet owners to use their food to feed their pets (â€Å"Blue.com.† 2013). In order to consider a pet as successful, it must have achieved its purpose of sending the required information to the audiences. In this case, the success of Blue advertisements is persuading target market to purchase Blue Buffalo pet food. While advertising, different organizations use different methods in order to win target customers. Creativity is very significant in an advertisement, and every advertisement seeks to incorporate different styles in order to make the advert rather appealing and captivating. Not only does it capture the attention of the people, it also shows the uniqueness of the

Historical Account of Tragedy in Literature

Historical Account of Tragedy in Literature The chorus in Aeschylus Agamemnon clearly elucidates the Aristotelian principle of tragedy: Zeus, whose will has marked for man the sole way where wisdom lies, ordered one eternal plan: Man must suffer to be wise. Elizabethan tragedy is derived from this moralised model of tragedy as depicted by Aristotle in his Poetics. As a genre, Elizabethan tragedy is distinguished from that of Shakespeare, although Shakespeares tragedies are often held as the epitome of the tragic form. Indeed, the Oxford English Dictionary cites only two quotations from the Renaissance under the entry for tragedy, both of which are from Shakespeare. There appears to be a deliberate judgment in including Shakespeare in the dramatic cannon to the exclusion of such influential playwrights as Christopher Marlowe, Thomas Heywood and John Webster. Although it is clear that Shakespeare made an important contribution to the development of modern tragedy, derived from classical models, contemporary dramatists were much more formative in negotiating Aristotelian models of tragedy with the new philosophical, social and political climate of the Renaissance. Philips Sidneys defence of the tragic form in An Apologie for Poetrie (1595) articulates the moral and didactic purpose of poetry. So that the right vse of Comedy will (I thinke) by no body be blamed, and much lesse of the high and excellent Tragedy; that openeth the greatest wounds, and sheweth forth the Vlcers, that are couered with Tissues: that maketh Kinges feare to be Tyrants, and Tyrants manifest their tirannicall humors: that with stirring the affects of admiration and commiseration, teacheth, the vncertainety of this world, and vpon howe weake foundations guilden roofes are built (Sidney F3v-F4) The emphasis on moral instruction is clear, and informed the tragic form in the both Shakespearean and non-Shakespearean dramas. Tragedy, according to Aristotle, is noble and concerned with lofty matters, as opposed to the flippant and crude nature of comedy. Sidney defines the function of tragedy as uncovering the greatest wounds of the inherently weake foundations of the world. Tragedy, therefore, produces an emotional response in the audience by exposing human flaws, which allows them to participate in a form of moral regeneration. Thomas Heywoods An Apology for Actors (1612) also cites the classical model of tragedy in order to elevate English drama in general by accentuating the morally instructive nature of tragedy, as well as to tie his own works to the legitimate tradition of tragedy. If we present a Tragedy, we include the fatall and abortiue ends of such as commit notorious murders, which is aggrauated and acted with all the Art that may be, to terrifie men from the like ab horred practises (Heywood F3v). Heywood thus believes that the tragic downfall of the moral, but flawed, hero is a terrifying lesson to the audience through the pity and fear evoked by watching the play itself, a notion described by Aristotle and termed by modern scholars as catharsis. Despite Heywoods belief in the moral power of tragedy, Renaissance tragedy, for the most part, does not live up to the Aristotelean model. For Stephen Greenblatt (1980), Renaissance theatre, named after a queen whose power is constituted in theatrical celebrations of royal glory and theatrical violence visited upon the enemies of that glory, replays the process of provoking subversion central to the states authorization of its own power: the form itself, as a primary expression of Renaissance power, contains the radical doubts it continually produces (297). Thus, any echo of Aristotelian notions of tragedy in the works of playwrights such as Heywood, Marlowe, Webster, and even Shakespeare, can be seen not as a insistence upon the dramatic perfection of classical forms, but as a means of lending legitimacy to the challenge to political and cultural structures. As Moretti (1982) observed in respect of English Renaissance tragedy one of the decisive influences in the creation of a â€Å"public† that for the first time in history assumed the right to bring a king to justice †¦ Tragedy disentitled the absolute mo narch to all ethical and rational legitimation. Having deconsecrated the king, it thus made it possible to decapitate him (7-8). Rather than reinforcing the social order and legitimizing divine ordination, tragedy opened up the political elite to the possibility of human frailty. Renaissance tragedy can be defined as a violent series of events that is built upon the murder and revenge, concerning characters primarily motivated by jealousy, greed, and anger. According to Aristotle, the tragic hero must be of noble stature, and while his greatness is readily apparent, he is not perfect. Tragedies often concern the aristocratic elite and thus personal tragedies extend to tragedies of state. The tone of the play is sombre, clearly relating the grief and sorrow of the characters themselves. This â€Å"language of lamentation† serves as a warning against the destructive potential of vice and depravity, and can be linked to the Medieval morality plays. Although the presence of othe r non-dramatic sources conceives a national tradition of tragedy which was established on the English stage as early as 1587, with the performance of Thomas Kyds The Spanish Tragedy. Both The Spanish Tragedy and Marlowes Tamburlaine, performed in the late 1580s, exhibit the beginnings of true Renaissance tragedy. Derived from the revenge plays of Seneca, The Spanish Tragedy is a play which satisfied the Aristotelian need for a binary model of moral order, which is complicated by the relations of individual justice to the social and divine order. Tamburlaine, however, moves away from the reductive moralising of earlier poetry and reflects the influence of the Reformation on the dramatic arts, as the theatre established a new place where human possibilities could be envisioned with new freedom. Marlowe is fully aware that he is making the stage the vehicle of a new consciousness: Onely this (Gentlemen) we must performe, The form of Faustus fortunes good or bad. To patient Iudgements we appeale our plaude. (Marlowe, Faustus, 7-9) This appeal to the moral purpose of the play is misleading, for neither Faustus nor Tamberlaine are characters directed by their moral choices. Tamberlaine, it is arguable, is an agent of God while at the same time exercising his free will with no apparent consequence. Marlowe appears to be addressing familiar issues of blasphemous defiance, tyranny, cruelty and arrogance in Tamburlaine, but ironically he presents these issues as the glory of the tragic hero. Unlike traditional tragedies, there is no stable moral framework, with the result that the audience is left feeling uneasy with the divine implications of the heros downfall. Tamburlaine, rather than submit to his pre-ordained fate, boasts of his own dynamic power: I hold the Fates bound fast in yron chaines, And with my hand turne Fortunes wheel about (369-70) Fate and Fortune, two of the most conventional symbols of human limitation, are here manipulated by the hero not as a sign of his hubris, but rather as a heroic achievement. Marlowe uses this gross inversion as a reflection of the changing values in Renaissance society. As Stephen Greenblatt (1980) says, Marlowe writes in the period in which European man embarked on his extraordinary career of consumption, his eager pursuit of knowledge, with one intellectual model after another seized, squeezed dry, and discarded, and his frenzied exhaustion of the worlds resources (199). The Enlightenment saw the questioning of fundamental assumptions about mans place in the world, a uncertainty reflected in the ambiguous relation between the tragic hero and his divinely ordained fate. C. L. Barber (1988) has commented on the way in which the audience engages with such egotistic individualism of the tragic hero, noting the role of the triumphal individual in the Renaissance and the significance of individualistic prophesying as a disruptive form of expression that challenged the authority and legitimacy of the Church and state. Marlowe writes at a time of religious transition and new philosophical notions of self-consciousness, and appropriates religious language and symbolism to launch an attack on the Church. Tamburlaine rebels against divine, political and social order, and in doing so sets himself beyond limitation and definition, alwaiies moouing as the restles Spheares (876). Tamburlaines rebellion is an uneasy one, for there is no possibility of reconciliation and restoration of order. Theridama, the Chiefest Captain of Mycetes hoste, reveals this as he says: Tamburlaine? A Scythian Shepheard, so imbelished With Natures pride, and richest furniture, His looks do menace heauen an dare the Gods †¦ What stronge enchantments tice my yielding soule? †¦ Won with they words, conquered with thy looks, I yield my selfe, my men horse to thee (350-52, 419, 423-4) Liberation is here figured as one of two choices: to reject the divine or to take it over. In Tamburlaines case, he alternatively threatens heaven and dares the gods, or claims identity with the divine to sanction his violence: til by vision, or by speech I heare / Immortall Ioue say, Cease my Tamburlaine, / I will persist a terrour to the world †¦ (3873-75). Tamburlaine self-aggrandizement is given divine legitimacy: Tamburlaine believes that his tyranny and martial lust are condoned through the gods through their silence. The two-part Tamburlaine is based on the historical figure of Timur, a bloody conqueror of Asia, whose greed for power and extravagance culminates with his inevitable downfall. Tamburlaine deviates from the tragic norm in his depiction of the tragic hero; Tamburlaine is not humbled by his dramatic fall, and no moral lesson is learned and repentance achieved. Tamburlaine does not conform to the model of the tragic hero set out in Poetics. The tragic hero is fated to make a serious error which will cause his fall and tragic death, usually caused by hubris, or prideful arrogance, but he remains likeable to the audience for his inherent goodness. Tamburlaine, in contrast, is a character whose goodness is notably absent. In contrast the Aristotlean model, in which the tragic hero is noble from birth, Tamburlaine is an obscure Scythian shepherd in the opening of part 1. He quickly ascends through his bravery and his eloquent speech, and his ferocity on the battlefield. Tamburlaine sees him self as the scourge of God and even dreams of leading his armies in war against the divine army in heaven. In a scene in which Tamburlaine has defeated Cosroe, he responds to Cosroes demands for the reasons behind his treachery. Nature, that framd us of four elements Warring within our breasts for regiment, Doth teach us all to have aspiring minds: Our souls, whose faculties can comprehend The wondrous architecture of the world, And measure every wandering planets course, Still climbing after knowledge infinite, And always moving as the restless spheres, Wills us to wear ourselves and never rest, Until we reach the ripest fruit of all, That perfect bliss and sole felicity, The sweet fruition of an earthly crown. (I.iv. 13-29) With this final line Tamburlaine snatches the crown from dying Cosroes head and places it on his own head, assuming the power of divine legitimacy for himself. Reordering the humours as in constant opposition, rather than harmonious order, is to legitimize his own militaristic behaviour as part of the natural world. He is, in essence, creating himself out of nothing, as he became an emperor from a shepherd, and as such is taking over the divine role of creation. In doing so, he upsets the authority of the moral order, and even his death does not resolve the moral hierarchy. Thomas Heywoods A Woman Killed with Kindness (1603) is described as a domestic tragedy as it deals not with the tragic downfall of the elite, but on the relationship between a husband and wife. Domesticity is the theme of the play, and the language is correspondingly straightforward and unadorned. In contrast with tragedies such as Hamlet or Tamburlaine, Heywoods play does not concern the intrigues and actions of the aristocratic elite or ruling order. A Woman Killed with Kindness is a morality play, concerned with the infidelity of Anne and her likely punishment. She herself expects only death upon her husbands discovery of her affair: Though I deserve a thousand thousand fold More than you can inflict, yet, once my husband, For womanhood – to which I am a shame, Though once an ornament – even for His sake That hath redeemd our couls, mark not my face Nor hack me with your sword, but let me go Perfect and undeformed to my tomb. (xiii.94-100) Her opinion is born out by the tradition of revenge in tragedies as well as in contemporary practice; indeed, by law husbands reserved the right to kill unfaithful wives (Powell 204). However, despite the clear Christian moralizing, Heywoods play departs drastically from the traditional structure of moral tragedy in that the tragic end of the main character results not from divine judgment and retribution, but from the effects of her wrongdoing on her own consciousness. Before the discovery of her betrayal by her husband, her guilt and remorse are apparent. You have tempted me to mischief, Master Wendoll; I have done I know not what. Well, you plead custom; That which for want of wit I granted erst I now must yield through fear. Come, come, lets in. Once oer shoes, we are straight oer head in sin (xi. 110-14) Her repentance is genuine, and carries forward her tragic end. Anne chooses to starve herself to death, thereby taking control both of her sin and her punishment. Heywood puts into dramatic form †¦ the punishment which arises from the erring characters consciousness of their guilt in the place of the punishment of an exterior physical revenge (Bowers 225). Annes emotional torment is meant as a lesson to the audience, and she makes of herself an exemplary figure, breaking away from the domestic thrust of the play towards the universal. Derived from the classical models of comedy and tragedy set out by Aristotle and envisaged by Seneca, Webseters The White Devil (1612) expands the classical tragic structure by adding elements associated with comedy: ironic repetition, theatrical self-consciousness, and inverted tragic situations. There is a repeated pattern in The White Devil of serious action followed by parody, working to undermine the dramatic tradition of tragedy to create what would become the genre of tragicomedy. Tragicomedy is a distinctly non-Aristotelian genre in which the action and subject of the play demand a tragic ending, but this ending is denied in an ironic reversal which produces the happy ending of a traditional comedy. Aristotle did, in fact, depict a kind of tragedy with a happy ending, which would later become tragicomedy, but it was not until the Renaissance that the genre was seen as a legitimate dramatic form. In The White Devil, the Duke of Florence comments on the popular dislike of the c lassically inspired plays which strictly conform to the structure of tragedy and comedy: My tragedy must have some idle mirth int, Else it will never pass (IV.i.119-20) The Dukes comment suggests that an increasingly demanding audience will no longer accept the single-minded classical plays of strict comedy or tragedy, but demand a sophistication of genre. The White Devil is not unique in its admission of tragicomedy, but it is treated as an expression of doubt about the tragic absolutes and as part of a critical double-vision. Incidents are repeated an parodied throughout Websters play, and this system of parallels is used to undermine the tragic status of the patrician characters. In the final scene the tragic hero Flamineo acts out a grotesque fiction of his own death, which is ironically followed by real murder. The farcical ending is paralleled with the authentic tragic image. With its elaborate system of repetition and parody, its ironic contrasts between interpretations of events, and the insistence that every incident is intimately connected with other incidents, The White Devil emphasises the shifting values and ironic double-visions of tragicomedy into the tragic framework of aspiration, failure, and ultimately death, depicting the double standard of the new society. The action of the play is confined to the relatively narrow setting of Rome and the court at Padua, hinting to the world beyond that of stage. Critics have often found the number of characters in The White Devil problematic, citing di fficulties in staging a production with so many bodies on stage. However, John Russell Brown (1940) has called attention to Websters power of using violent and crowded scenes for sudden and, therefore, striking manifestations of an individuals lies or hypocrisy, the â€Å"variety† of a â€Å"busy trade of life† (Brown 453). In the final act, the presence of so many members of the courtly society emphasises Flamineos fall from power, defining the extent of the competition for the Dukes favour and the uncertainty of Flamineos future now that his relationship with his master is ruined. As a young lord reports to Flamineo concerning Bracciano, A new vp-start: one that swears like a Falckner, and will lye in the Dukes eare day by day like a maker of Almanacks (V.i. 138-9). The White Devil deals with private behaviour made public, and public behaviour motivated by questionable private interests. Vittorias trial reveals her illicit liaison with Bracciano and the murderous consequences, but it is this public censure which results in private revenge. In comparison with Shakespearean tragedies such as Hamlet, or classical tragedies such as Oedipus Rex, the play is extremely social and emphasises Websters preoccupation with the intertwined spheres of public probity and private corruption. The White Devil focuses on the individuals freedom of choice between good and evil, human dignity and the fall from grace, binaries which appear to conform to the traditional Christian morality. Lodovico is accused by Antonelli and Gasparo: Worse then these, / You have acted certaine Murders here in Rome, / Bloody and full of horror (I.i.31-32), and Gasparo continues O my Lord / The law doth sometimes mediate, thinkes it good / Not ever to steepe violent sinnes in blood, / This gentle penance may both end your crimes, / And in the example better these bad times (I.i.33-37). Ludovico is presented a choice, but instead turns to criminality and revenge. His crimes have been presented, the possibility of reform and exoneration provided, and yet he wilfully chooses his course of conduct in spite of this. He exercises his free will, but unlike the Aristotelian tragic hero his destructive path is not redemptive in bringing out moral responsibility. The conclusion of The White Devil is ambig uous, fulfilling the catastrophic ending required of tragedy but without the suggestion of the nobility and greatness of man. Flamineo dies in despair of his worldly goods, wealth and advancement rather than in despair of his worthiness before God. There is the possibility of Flamineo accepting moral responsibility directly before his death as he reflects, While we looke up to heaven wee confound / Knowledge with knowledge (V.vi.259-60), and yet immediately before this he said , I doe not looke / Who went before, nor who shall follow mee; / Noe, at my self I will begin and end (V.vi.256-58). Although the play ends with the death of the tragic hero, as tradition dictates, this is not the satisfactory ending of classical tragedies. There is no remorse, no retraction of arrogance and greed in the face of the divine. As A.L. Kistner (1993) wondered, Where does it lie – in the triumph of will, in grabbing for every expression of self that this world has to offer or in the calm dis cipline of self-denial for a higher picture of man? (267). Webster leaves the audience with an unsatisfactory portrait of free choice and the capacity for moral responsibility. The emergence in the 1580s of an Elizabethan tragic tradition which manipulated the limitations of classical generic boundaries points toward the developing self-consciousness of a modern culture. As evidenced in such works as Tamburlaine and The White Devil, the theatre was the site of an evolving culture in conflict with the older, traditional forms of expression. Marlowe, Webster and Heywood used the stage for the assertion and defense of an ego which †¦ was constantly threatened by powerful forces of desire and conscience, forces which [they] coped with as best as [they] could by making them conscious, by finding a form for them which would command social understanding and the control of shared social attitudes (Barber 37). The new tragic genre was a way of registering an experience of change and di slocation, a shift from the Classical tradition of moral order and stability. Works Cited Aristotle, (1953) Aristotle on the Art of Fiction: an English translation of Aristotles Poetics. Trans. by L. J. Potts. Cambridge: University of Cambridge Press. Barber, C. L. (1988) Creating Elizabethan Tragedy: the theatre of Marlowe and Kyd. Chicago: The University of Chicago Press. Bowers, F. T. (1940) Elizabethan Revenge Tragedy 1587-1642. Princeton: Princeton University Press. Brown, J. R. (1962) Theater research and the Criticism of Shakespeare and his Contemporaries Shakespeare Quarterly, 13 Falco, R. (2000) Charismatic Authority in Early Modern English Tragedy. Baltimore and London: Johns Hopkins University Press. Goldberg, D. (1987) Between Worlds: A study of the plays of John Webster, Wilfrid Laurier University Press. Greenblatt, S. (1985) Invisible Bullets: Renaissance Authority and Its Subversion, Henry IV and Henry V in J. Dollimore and A. Sinfield, (eds.), Political Shakespeare: New Essays in Cultural Materialism , pp. 18-47. Manchester: Manchester University Press. - (1980) Renaissance Self-Fashioning: from More to Shakespeare. Chicago: Chicago University Press. Heywood, T. (1973) An Apology for Actors (1612). New York: Garland. (1961) A Woman Killed with Kindness. R. W. Van Fossen (ed). London: Mentheun Co. Kistner, A.L. and Kistner, M.K (1993) Free Choice in The White Devil English Studies, 74, no. 3: 258-267 Marlowe, C. (1993) Doctor Faustus. D. Bevington and E. Rasmussen (eds). Manchester: Manchester University Press. -(1995) Tamburlaine. D. Bevington and E. Rasmussen (eds). Oxford, New York: Oxford University Press. Moretti, F. (1982) †A Huge Eclipse†: Tragic Form and the Deconsecration of Sovereignty, in The Power of Forms in the English Renaissance, S. Greenblatt (ed). Norman, Oklahoma: Pilgrim Books. Powell, C.L. (1917) English Domestic Relations 1487-1653. New York: Columbia University Press. Sidney, P. (1971) An Apologie for Poetrie. New York: De Capo Press. Webster, J. (1983) The Selected Play of John Webster. J. Dollimore and A. Sinfield (eds). Cambridge: Cambridge University Press.

Manet and Paris De Refuses

Edouard Manet lived an intriguing life significantly changing world history, especially in the arts. In the 19th century, Salon De Paris hosted a yearly public exhibition of artists paintings approved by the board. Edouard Manet’s controversial and unexpected paintings became the biggest challenge and publicity for the salon, probably not in the way the Paris Des Salon would have chosen. All artists displaying exhibitions sanctioned by the show were required to paint within the standards and codes of conduct set by the French Art Academy; Academie des Beaux-Arts. Any artists refusing to follow educational guidelines were rejected from showing their paintings. Their work had to abide by the educational standards taught in the French school to show paintings in the Salon De Paris exhibition. Edouard Manet was not very accommodating to tradition, a rebellion for being discharged from the Navy. In 1862, the Salon De Paris rejected Edouard Manet’s painting, Luncheon on the Grass. This rejection started a series of events marking a turning point in the history of art. Manet’s and other young French artists who admired the impressionists art style challenged the salon’s decisions. Napoleon 111 opened an exhibition allowing the salon’s rejects to display their art. The event which was separate from Salon De Paris was named Salon des Refuses, meaning the salons rejects. At this time, it was not considered a high honor to have works displayed in the Salon des Refuses. Today, the artists who had their work showcase in the Salon des Refuses have the same notoriety and respect as artists who’s work was accepted by the Salon des Paris. Manets paintings were very pleasing, aesthetic, but were prevented from accepted by the public. It was the times they lived in. When they did reach the public, his paintings received harsh, vicious criticism. Manets paintings directly went against the erroneous purpose and rigid rules of academic art teachings. The academy had problems accepting Manets technique and subject matter, often portraying women with no clothes, two men in landscape or outdoor settings. All of his paintings were fully colored, not having any shadows in the pictures. The 1862 Salon Des Refuses lead to the Avant-Garde, which simply means testing the traditional rules or pushing beyond the boundaries. The rejection of Luncheon on the Grass, the opening of the Salon des Refuses and the Avant-Garde lead the movement of art world into Impressionism. Edouard Manet’s rebellion against military, education and politically correct standards through his paintings made more contributions than any one person ever did from any point in history. Manet and Salon Des Refuses Introduction: Edouard Manet was a French artists famous for inventing the entire impression era during his very short lived life, dying at only 50 years old. After his discharged from the military, he devoted his entire life to art. Through his art career, he inspired historical changes influencing all aspects of the artworld. Significant changes inspired by Manet influenced music, drama, theatre dance and paintings. In his brief lifetime, the impression class, the avant-garde and Salon des Refusal became fully developed legitimate organizations upon challenging Salon de Paris's rejection of his painting. Impressionism; According to the study of Manets style, impressionism is heavily associated with color. Manet is the mastermind behind the impressionism era. Manet’s breaking traditions began the impression age, but the impressionism era was marked when Monet created a painting called Sunrise. â€Å"The term impressionism was coined to describe the work of certain painters who professed to record the impression which they have received from the object studied. At close range, the picture appeared confused and intelligible; it was necessary to stand some distance away from it in order to discover what it was all about† (Forest, 1913, Page 584). Realism painters are very formal artists, concealing any individuality, uniqueness, identity or personality within the messages or storytelling in their artwork. The purpose of realism paintings are to retell historical events from the past. Up until Manets invention of the impression stage, artists created artwork to keep history alive, and relay the same historical messages in multiple different interpretations. Impressionism is a resemblance of the contrast between today’s Ballet dance vs Hip hop. The art does not have to follow narrow based rules and may be an expression of the individual to please the audience. Art is not required to be a reinvention of sentimental or historical meaning to serve a purpose, or target an audience. Art can be aesthetically pleasing. Aesthetic art work does not reinvent history, it makes history while keeping up with the current trends, Impression or aesthetic usually appeals to a younger generation, perhaps more common, everyday people. This type of art in music, dance, theatre is usually taken at face value, or for what it is. Impressionist’s artists paint in the here and now. They are not concerned about the future, or the past. Both an impressionists and realism artist create a piece of art or paint a picture of the same beach. Each artist would use different colors, shadowing methods, brush stroke techniques. Both beach paintings would show clouds in the sky. The picture painted by the impressionists would have shorter, broken up clouds, resembling exactly what the viewer would see if they went to that beach when the artist painted it. The impression artist goes to the place where he or she can see what they are painting or drawing. The realism artists paints outdoor scenery while they are in the studio. The clouds, sun, waves symbolizes a historical story. Impressionists uses brighter colors, place strong emphasis on natural outdoor lighting and the actual surroundings. Realism artists took pride in people staying spell bound by their work, to get the hidden meanings portrayed through symbology. Artists wants to take its audience into a deeper level, consuming their attention, leaving them with something they will remember, or even change their life. Artists intend on making lasting impressions on its audience. The salon wanted to maintain a certain status level of its customers. â€Å"Although Edouard Manet studied for six years with Thomas Couture, his painting style was primarily influenced by studying the old masters in the Musee de Louvre in Paris, particularly the works of Spanish painters, Bartolome Esteban Murillo, Jusepe de Ribera and most important Diego Velazquez† (Kramer, 2002). Today, it stands no secret Manet greatly admired Velazquez. The art traditions set by Manet was inspired by Velazquez. The Salon De Paris and the Academie des Beaux-Arts: The Salon De Paris was a highly prestigious well respected event organized by the Academie des Beaux-Arts. The Salon De Paris was made up of a board of highly qualified judges who analyzed paintings submitted by artists. The salon first concern was to ensure all paintings displayed in the show satisfied all requirements set by the French art academy. The academy wanted to retain a certain level of customers. The Salon De Paris, working closely with the Academie des Beaux-Arts had an obligation to honor Napoleon 111 regulations. Napoleon 111 was a French emperor having full rein of the school. When the salon rejected Edouard Manet’s Luncheon on the Grass, the salons authority was immediately questioned. The rejection of this painting, inspired Manet to go through a process beginning a series of events that permanently changed art. Manets impression paintings were new, introduced the unfamiliar. The Avant-guard is all about breaking boundaries, pushing limitations. Many musicians, singers and George Bush Jr and his cabinet are accused of pushing boundaries, only a compliment to them. Traditional paintings, or paintings following the academic standards retold history, suppressing their own ideas. The salon or the art academy tested artists imaginations and creativity. Artists were discouraged from inventing or painting any stories or ideas, or pictures just for an image of the picture itself. Artists were required to paint what already existed, or did at one time or another. Although they were retelling history, they faced the challenge of inventing original ways to tell the same story repeated thousands times through previous paintings, theatre, music and writings. If an artist was talented, had a great imagination, and was inspired strong enough by historical events, he was capable of creating orginal fascinating works which portrayed the same meaning. All artist before the impression era had to create their art to retell biblical and traditional stories. Any individual messages from the artists had to be within the traditional social standards passed on through many generations. The Salon Des Refuses: The Salon Des Refuses rejected Manets painting, Luncheon on the Grass, because the subject matter was considered indecent. Manet painted an out of shape naked woman having a picnic on the grass with two fully clothed men. Artists have used artist’s models, a naked person who sits in a pose for the artists to paint, since the beginning of art. In the realism stages, or if the naked model symbolized a historical time event, it was considered art. Naked models painted in a realistic setting were considered pornography content. The rejection of Luncheon on the Grass and Whistler’s, A White Girl, drew lots of complaints from the public and the French artists who supported Manet’s style. Napoleon made the decision to allow a public exhibition of the salons rejects. The event was separate from the Salon De Paris. The salon repeatedly rejected Manets paintings, yet he kept submitting paintings in the same aesthetic style. Many art historians argue Manets rejections were intentional. â€Å"Many scholars contend that Manets 1863 masterpieces Dejeuner sur l Herbe, Breakfast in the Grass and Olympia set the stage for modern evolution of modern art and the 1907 creation of Picasso’s Demoiselle D Avignon. Was this intentional? Artists and art historian Anderson believe it was, arguing that the French painter wished to challenge academic paradigms pertaining to both style and the substance of artworks submitted to the Paris Salon Jury† ( Lajos, 2005). Submission of artwork rejected over and over, and resubmission making no compromise to alter paintings to conform to academic standards indicates Manet had altered motives for submitting his work. A generous inheritance from his father allowed Manet the financial independence to break these traditional rules, and paint mainly for his own enjoyment. Of course, the reason behind repeated submissions to the salon, if any, can only be left to individual opinions. The salons refusal to accept his paintings are narrowed down to one issue; The prestigious Salon des Paris and the academy had no way of foretelling publics reactions to acceptance of art that have not been tested. It was a political risk for the salon. Through most of Manets life, he was ridiculed, criticized, received harsh psychological attacks from the public. The attitude of the people says much more about people in general than Manets paintings. People rejecting Manets paintings wrote books about his artwork. Any painting, no matter how unappealing, does not have the ability to leave the gallery and harm these people who were so angry with the paintings. People are obsessed with the things they hate. One critic wrote a book about the impressionist artists titled â€Å"In Praise of Cosmetics. † Her theory was that Manets use of color with several paintings featuring naked women reflected prostitutes. Cosmetics are viewed as artificial, something a woman uses to seduce a man. This is seldom true, but cosmetics are often viewed in this light. The salon certainly did not want to offend activists involved in women’s rights movement, who concluded Manets paintings branded women as prostitutes. The content or the objects Manet drew was found objectionable by the salon. Many of his paintings showed a woman with no clothes with two men, outdoors. This is what the public was concerned about, not the coloring content, although it was used as a reason for rejection. They did not want to bring attention or focus to the naked women. Manet could argue that art used naked women in the renaissance ages. Other analysts interpret Manets paintings as a rebellion surfacing from his discharge from the military. He is leaving no room in his interpretations through the use repeatedly criticized color, light and atmosphere, he is protesting against anything standing for tradition, military or academic. He is telling everyone he is not following the current rules for art, and has no intentions to do so, he is still going to produce paintings by his own rules. Manet could never see himself wearing his uniform through a painting. He expressed respect and admiration for the uniform, but could not actually picture himself in the uniform. Manet had respect for the salon and the academy, but just could see himself in the academy. Through the art work and relationship with the Salon des Refusal, or Salon des Paris, he was living out his life experience with the military discharge. (Wright 2004). The more the public ridiculed Manet, the more controversial his paintings became. This was intentional. After a while of being ridiculed, mocked and harassed, the target begins to do whatever it takes to kept the reactions going. If anything, they are talking about his paintings the most. Whatever people hate, is the one thing that has them enslaved. Everyone is obsessed with whatever it is they hate or despise. Salon Des Paris Biggest Change: Salon Des Paris became the center of everyone’s concerns when its opposing event, Salon Des Refuses 1863 occurred. The Salon Des Refuses received publicity because of what it did not accept. (Wynford, 1904). The Salon Des Paris had a long term relationship with Manet. In 1859, Manet sent his first painting to the salon, The Absinth Drinker, the salon rejected it. The next two paintings, a double portrait of his mother and father and the Spanish Guitar was not only accepted by the salon, but highly honored. From here on out, the Salon and Manet continuously rebelled against each other. The only other honor the Salon would give Manet was a year before his death. In 1861, the salon refused another submission by Manet; Music at the Tuileries. Music at the Tuileries was more than just another painting for Manet. He set a new trend called en plein air, which the recently rejected painting was to be a trademark or signature of Manets original painting style. (1904) En plein air, translating to, in plain air, is the standard technique used by impression artists. Impression artists are famous for painting landscapes and outdoor painting. They paint from outside the studio. The realism artists painted landscapes and outdoor paintings. They used neutral, down to earth tones, grey, shades and colors. Impressionists use colors closer to giving actual visualization of the outdoor brightness. The background of their paintings actually set the coloring, usually daylight or moonlight, overlooking the entire picture. The impression artists did not paint many small details. The impressionists painted with what they imagined the audience saw when looking at the picture at first glance. The paintings make an impression at first glance. And needless to say, en plein air painting trend broke all traditional rules of painting. Manet replaced shadows, greys, blacks and other neutral colors with bright colors. All of the space on the canvas was filled with vivid contrasting colors. The Salon des Refuses in 1863 was a one time event. In 1865, the Salon des Paris discouraging another Salon des Refuses allowed all artists to display their exhibitions. They had another surprise. Manet shocked them once again with his painting, The Olympia. The very next exhibition, the Salon nonapologetically, nonsympathetically, without much consideration refused Manets paintings. (1904) Conclusion: At the very end of Manets life and career, his artwork and contributions were accepted, and honored. Edourd Manet 1832-83) was a French artists famous for inventing the entire impression era, during his very short lived life, died at only 50 years old, he inspired historical through his art career in all aspects of the art world. Significant changes inspired by Manet influenced music, drama, theatre dance and paintings. In his brief lifetime, the impression class, the Avant-garde and Salon des Refusal became fully developed legitimate organizations when he challenged the Salon des Paris's rejection of his paintings. The Salon des Paris did rejected works to uphold a certain class of people. Educated people attracted to art look beyond the visual aspects, are taken into the storytelling of the art work to derive deeper meanings out of it. Aesthetics and Impressionism art, according to the art analyst of that time were going to attract people who take art at face value, such as viewing a nude person as porn, or some other inappropriate sexual interpretation. These types of people have little money, younger crowd and will find great humor in breaking into the gallery â€Å"just to get a naked picture. † The salon probably considered this possibility when rejecting Manets works. However, Manet would not have stood out like he does today if he did not receive continuous rejections from the Salon. Creating sexual artwork falling into grey areas is the fastest way for an artists to become famous. Famous means everyone is talking about that artists more than other artists. Many historians point to incredibly believable supporting evidence that Manet purposely seeked repeated rejections from the salon. The one time he made his mark in history, was not when he convinced Napoleon 111 to hold an exhibition of the salons rejects, but probably when he submitted a painting of the Olympia the year after the salon allowed an open exhibition, preventing another Salon des Refusal. Some professionals studying Manet and the Salon Des Refusal argue his secretive rebellion for his military discharge surfaced through his paintings. Manets works that were refused by the public and the salon worked for him. The salon could have came with any reason for continuous rejections, the technique or subject content. Manet was always seeking controversy, not every rejected painting from the salon was by accident. He created an entirely new art era, called the impressionism stage. Today, his rejected artworks hangs in the most prestigious of the art galleries.