Thursday, March 19, 2020

Fundamentals of Land Law Essay †Striking a Balance

Fundamentals of Land Law Essay – Striking a Balance Free Online Research Papers Fundamentals of Land Law Essay Striking a Balance Land law exists today to balance and regulate the rights of both purchaser and vendor upon a transfer of land. Before the flood of 1925 legislation affecting land transactions, purchasers of legal title took subject to many unpredictable and undiscoverable interests, disproportionately burdening them with extensive and expensive obligations and rendering vendors’ interests paramount. The comprehensive reforms encapsulated in the Land Registration Acts (LRA) of 1925 and 2002 overhauled the oft-criticised system of land transfer, affording both parties a more secure basis for the transfer of land. The major impetus behind the Acts was to achieve parity with the mirror principle of conveyancing, attaining a â€Å"truly transparent, accurate and comprehensive† Land Register, reflecting the wealth of interests in relation to titles in land and placing parties on more equal footing. Unfortunately, the 1925 Act failed to eradicate all ‘cracks in the mirror’, instead preserving the relevance of certain interests which may ‘override’ registration. These ‘overriding’ interests burden registered land by operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of overriding interests provided by the 1925 Act are largely uncontentious, controversy has surrounded the overriding status of interests belonging to persons ‘in actual occupation’ of the land . To this end, LRA 1925, s.70(1)(g) protects an interest in land where its owner is in actual occupation on the land. The open-ended nature of this provision has not unexpectedly been the subject of extensive litigation. Although the Law Commission initially felt compelled to recommend the abolition of all overriding interests, the sentiment was that in order to protect occupiers who cannot reasonably be expected to protect their rights through registration, this sub-category and its accompanying controversy should be retained . Lord Denning’s justification was to protect occupiers from â€Å"having their rights lost in the welter of registration† . The LRA 2002 has thus upheld overriding status of interests of persons in ‘actual occupation’, albeit curbing and clarifying the parameters within which the rights of occupiers can impinge upon purchasers . Now enshrined in LRA 2002, Schedule 3, paragraph 2, overriding interests of those in ‘actual occupation’ subsist as a glaring ‘crack’ in the mirror principle, despite the elucidation and qualification now provided. Analysis of the issues surrounding overriding interests and ‘actual occupationâ €™ is necessary to determine whether balance has been, or will ever be, achieved between purchasers and those in ‘actual occupation’. Within the ambit of Schedule 3, paragraph 2, occupancy itself is not overriding, but rather the interest the occupier has in the land he occupies has the potential to become overriding. Actual occupation, therefore, â€Å"is merely the trigger which activates the statutory protection† of the interest. The types of interest falling within its scope are not clarified, and judicial uncertainty has reflected this lack of clarity. The initial belief under the 1925 Act was that only proprietary rights in the full sense – enduring and capable of being transmitted – can override . In Ainsworth , Russell LJ said that a right for the purposes of s.70(1)(g) must â€Å"have the quality of being capable of enduring through different ownerships of the land† , thus relegating a beneficial interest under a trust to a minor interest which only registration will protect. Their Lordships drew a distinction between personalty and proprietary rights, the latter of which could only be eligible for overriding status. However, judicial uncertainty persisted in the aftermath of Ainsworth, with judges adopting â€Å"markedly differing attitudes to the rights in s.70† . Such a miscellany of interests as a right to rectify , a tenant’s right to buy under the Landlord and Tenant Act 1987 and an unpaid vendor’s lien were all held to fall within the ambit of s.70(1)(g), rendering reconciliation difficult with the notion that only strictly proprietary interests will suffice. Nevertheless, Schedule 3, paragraph 2 upholds application only to proprietary rights due to its clarification that the interest must be one â€Å"affecting the estate† . Following a move during the Bill’s debate to extend the categories of beneficiaries in actual occupation , the boundaries of Ainsworth are not immovable, and in the wake of the seminal case of Boland , beneficial interests under a trust are permitted overriding interests. In the latter case, a wife had an unregistered beneficial interest in the family home which her husband was the registered proprietary owner of. When the husband was unable to repay the mortgage loan, the House of Lords held that the wife’s beneficial interest was sufficient to amount to a proprietary interest in the land . Other successful interests include equitable leases and tenancies , estate contracts as options to purchase , and rights arising out of estoppel . It is accepted that an occupier’s interest must be fully enforceable and unencumbered at the date of the disposition of the land in order to be imbued with overriding status. In Mendelsohn , a mother had knowledge of a building society’s mortgage to her son for part of the purchase price of a property she also paid part of, and then she argued that she had an overriding interest due to her actual occupation. The Court of Appeal held that her knowledge of the mortgage equated to implied consent to being subject to the mortgage, thus estopping her claim by virtue of her silent representation . This had embellished the intrinsic quality of her right, thus precluding reliance upon ‘actual occupation’ to make it overriding. The concept of overreaching in a trust scenario renders an interest, which would otherwise be overriding, lost and unable to be empowered by ‘actual occupation’. Originally enshrined in s.2 Law of Property Act 1925, overreaching applies where there are two or more trustees in land. Upon disposition of the land, the beneficiaries’ interests are overreached and the sale monies go directly to the trustees, essentially detaching the beneficiaries’ interests from the estate. Although overreaching failed in Boland due to there being only one trustee, in Flegg overreaching occurred where a husband and wife were trustees in a house that they shared with the wife’s parents, who were beneficiaries under the trust. When the house was sold, the beneficiaries’ interests were overreached and the proceeds went to the trustees. As Lord Templeman surmised, â€Å"actual occupation is not an interest in itself† . The effect of overreaching is that purcha sers’ rights are subject to â€Å"the waywardness of actual occupation† if purchase is made from less than two trustees, thus placing purchasers in the precarious position of taking subject to beneficiaries’ rights upon transfer from one trustee. The ambit of ‘actual occupation’ envisaged by the Acts has been contentious since its inception in LRA 1925, resulting in a catalogue of jurisprudence concerning how exactly to ascertain actual occupation. Under s.70(1)(g), a purchaser was bound pro tanto, rendering occupiers’ interests overriding whether discoverable by a purchaser or not . Although the draft Land Registration Bill preceding the 2002 Act included a partial definition of actual occupation as being â€Å"physically present there†, the 2002 Act did not incorporate this provision, so actual occupation remains largely undefined . Had this provision been included, it would have given credence to Boland, where their Lordships made an uncompromising set of judgments observing actual occupation to comprise â€Å"ordinary words of plain English† and to constitute â€Å"a plain factual situation† . These judgments suggest that ‘actual occupation’ requires no â€Å"entitle ment in law† and that concepts of notice are irrelevant to actual occupation , thus bestowing occupiers with the ability to trump purchasers through the simple fact of occupation. LRA 2002 provides that an occupier cannot claim an overriding interest where the purchaser had â€Å"actual knowledge† of the occupation or where occupation â€Å"would not have been obvious on a reasonably careful inspection of the land† . This has introduced a notice-based test, radically altering the nature of establishing actual occupation and rebalancing purchaser and occupier. Purchases of unregistered land operate on the doctrine of notice, and although Lord Wilberforce compared notice to actual occupation in Boland , he rejected the notion that it should be applied similarly, upholding the ‘absolutist’ factual test . However, the ‘constitutionalist’ view, considering notice as a context in which to interpret actual occupation, has come to the fore. Constitutionalism originates from the rule in Hunt v Luck , that occupation gives notice of the occupier’s rights, and the actual occupation rule was drafted to reflect this, albeit n ot giving effect to the full doctrine of constructive notice. The two approaches represent the conflicting interests of occupier and purchaser. The tension between the approaches is evident in Rosset , where Purchas LJ said that the individual’s overriding interest depended upon both physical presence and whether â€Å"appropriate inquiries made by the bank [would] have elicited the fact of her interest† . Although actual occupation fails to give credence to the full doctrine of notice, Mustill LJ said that â€Å"even if constructive notice no longer applies in this field, the old law still gives a flavour to the new† . Rosset created a tentative balance between the approaches to actual occupation, leaving the conflict unresolved until the inception of the LRA 2002. Nevertheless, a notice-based test of occupation can be elicited from Schedule 3, paragraph 2, serving to burden both purchaser and occupier. For purchasers, a burden is imposed to inquire of persons in actual occupation â€Å"what rights he or she has in the land† . This duty is unsatisfied via simple inquiry of the vendor, as â€Å"reliance on the untrue ipse dixit of the [vendor] will not suffice† ; inquiry must be made of actual occupiers to take free of their interests. The notice approach also burdens occupiers, however, as failure to disclose interests when inquired revokes the right to receive overriding status . Although this redresses the balance between occupier and purchaser, it may be unreasonable to bind occupiers to surrender interests in the contingency that, as Dixon submits, â€Å"the right-holder knows that the consequences of disclosure will be the loss of the family home† . It is clear then, that the contemporary approach taken to determining questions of actual occupation under Schedule 3, paragraph 2 â€Å"expresses a decisive and unquestioned policy choice in favour of purchasers† . In establishing the intricacies of actual occupation, the abundance of litigation under the 1925 Act provides guidance. Although occupation must be intentional and ongoing, it is not precluded by â€Å"a temporary and fortuitous absence† . In Chhokar v Chhokar , a woman giving birth remained in actual occupation of her home during her confinement in hospital. However, a pattern of substantial absence will prove fatal to a claim of actual occupation . Discontinuous occupation owing to regular and routine absences also fails to preclude actual occupation, as in Tizard a homeowner was in actual occupation of her house despite living at her sister’s house for two nights per week. This lack of constancy allows occupiers enforceability of their interests without adhering to stringent standards of occupation. Judicial opinions are divergent regarding an individual occupying land through an agent. In Caswell, a stepfather could not claim actual occupation through his stepdaughter staying in the property as his agent. However, in Rosset , the presence of builders working on the house was sufficient for the owner employing them to be in actual occupation. Conversely in Lloyd v Dugdale , an individual could not claim an overriding interest if occupation was effected through a company owned by that individual . This instils in interest-holders the requirement to be the party in actual occupation for their interest to be overriding. Preparatory acts prior to taking occupation are insufficient in procuring actual occupation, as laying carpets and installing furniture in Cann failed to amount to actual occupation. Cann additionally clarified the stage at which individuals must be in actual occupation as being at the moment the transfer is executed, rather than the moment of registration. This is now supported by LRA 2002, which expressly states that interest and occupation must subsist â€Å"at the time of the disposition† . This precludes individuals from occupying land post-purchase but pre-registration and claiming overriding interests against purchasers, thus holding purchasers’ interests above those of occupiers. It is now established that certain persons are excluded absolutely from actual occupation. A wife was once thought to be a mere â€Å"shadow† of her husband’s occupation, and although discredited in Boland, the same concept was adopted in Robinson to define children, even if beneficial owners under a trust, as being in â€Å"shadows of occupation of their parent† . The rationale for this was that no enquiry could be made of children, especially those of tender years , which has been roundly criticised as â€Å"curiously at odds with reality† . The Robinson judgment undoubtedly favours the interests of purchasers, by completely refusing to acknowledge a potential source of overriding interest. Where an individual owns rights over an area greater than he is in actual occupation of, Ferrishurst v Wallcite offers guidance. In that case, an option to purchase the lease of land greater than the area in actual occupation was held to be overriding. This decision heavily burdened purchasers and extended overriding interests for occupiers, and as an attempt to rebalance the relationship, the LRA 2002 has reversed this decision, providing that any interest protected by occupation is restricted to the land which is actually occupied . As Dixon concludes, â€Å"the legal extent of the interest that overrides is to be co-terminus with the extent of the actual occupation† . The protections afforded to both occupier and purchaser have made for an edgy equilibrium throughout the evolution of overriding interests in relation to actual occupation, but always the law has struggled to balance the disparities in this relationship. Although purchasers have historically faced hardship in overcoming the â€Å"intermediate, or hybrid, class† of overriding interests wielded by occupiers, their position has been improved somewhat by the evolution of both statutory and common law. However, the interests of the two parties have yet to achieve legal equivalence. The very existence of overriding interests has been labelled as â€Å"disquieting† for purchasers, not least because indemnity cannot be awarded to a purchaser trapped by such an interest . This has placed purchasers on an uphill struggle to have their interests judicially and statutorily recognised and accorded significance that endures today. Solace lies at the advent of compulsory e-conveyancing, promoted heavily by the 2002 Act, which envisages synchronicity of disposition and registration in land transfers . This development will render many equitable interests unprotected unless registered, despite being currently overriding upon actual occupation. Schedule 3, paragraph 2 will then be restricted only to the protection of those occupiers’ interests which arise informally, through resulting or constructive trusts or through estoppel , effectively narrowing an occupier’s ability to override registration. The underlying and pervading expectation that overriding interests will eventually be drawn onto the Land Register through positive registration will ultimately abolish the subsistence of occupiers’ unregistered and overriding interests upon a transfer of registered land which so adversely affects purchasers. Bibliography Gray Gray, Core Texts: Land Law (4th edn, 2005, OUP) Green Cursley, Land Law (5th edn, 2004, Palgrave Macmillan) Martin, EA (ed.), Dictionary of Law (2003, OUP) Smith, R, Property Law: Cases and Materials (2nd edn, 2003, Longman) Thomas, M, Blackstone’s Statutes on Property Law 2005-2006 (13th edn, 2005, OUP) Thompson, M, Modern Land Law (2nd edn, 2003, OUP) Bogusz, B, â€Å"Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002† MLR 2002, 65(4), 556-567 Dixon, M, â€Å"The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment† Conv. 2003, Mar/Apr, 136-156 Kenny, P H, â€Å"Children Are Spare Ribs† Conv. 1997, Mar/Apr, 84-85 Pascoe, S, â€Å"Triumph for Overriding Interests† Conv. 1999, Mar/Apr, 144-149 Smith, R J, â€Å"Overriding Interests and Wives† (1979) 95 LQR 501 Sparkes, P, â€Å"The Discoverability of Occupiers of Registered Land† Conv. 1989, Sep/Oct, 342-354 Tee, L, â€Å"The Rights of Every Person in Actual Occupation: An Enquiry into section 70(1)(g) of the Land Registration Act 1925† (1998) 57 CLJ 328 â€Å"Remedies: No Overriding Interest† P.L.B. 2002, 22(7), 52 Law Commission, Land Registration for the Twenty-First Century (1998) Law Com No 254 Joint Law Commission and HM Land Registry Report (2001) Law Com 271 Boone, K (2004), Actual Occupation. Retrieved on 19th November 2005 from the World Wide Web: http://law.web-tomorrow.com/twiki/bin/view/Main/ActualOccupation Research Papers on Fundamentals of Land Law Essay - Striking a BalanceRelationship between Media Coverage and Social andBringing Democracy to Africa19 Century Society: A Deeply Divided EraWhere Wild and West MeetCanaanite Influence on the Early Israelite ReligionUnreasonable Searches and SeizuresInfluences of Socio-Economic Status of Married MalesThe Project Managment Office SystemIncorporating Risk and Uncertainty Factor in CapitalCapital Punishment

Tuesday, March 3, 2020

Prosody - Systematic Study of the Meter of Poetry

Prosody - Systematic Study of the Meter of Poetry Prosody is a technical term used in linguistics and poetry to describe the patterns, rhythms or meters of a language. Prosody can refer to the rules for the pronunciation of a language as well as its versification. The correct pronunciation of words includes:(1)enunciation,(2)proper accenting and(3)making sure each syllable has its required length. Syllable Length: Syllable length doesnt seem terribly important for pronunciation in English. Take a word like laboratory. It looks as though it should be divided syllabically into: la-bo-ra-to-ry So it appears to have 5 syllables, but when someone from the U.S. or U.K. pronounces it, there are only 4. Oddly, the 4 syllables arent the same. Americans heavily stress the first syllable. lab-ra-,to-ry In the U.K. you probably hear: la-bor-a-,try When we stress a syllable, we hold it an extra time. The Latin for time is tempus and the word for the duration of time, especially in linguistics, is mora. Two short syllables or morae count for one long syllable. Latin and Greek have rules about whether a given syllable is long or short. More than in English, length is very important. Why Do You Need to Know About Prosody?: Whenever you read ancient Greek or Latin poetry you are reading the writing of a man or woman who has replaced the mundane with the loftier speech of poetry. Part of the flavor of the poetry is conveyed by the tempo of the words. To read the poetry woodenly without trying to grasp the tempo would be like reading sheet music without playing it even mentally. If such an artistic rationale doesnt motivate you to try to learn about Greek and Roman meter, hows this? Understanding the meter will help you to translate. Foot: A foot is a unit of a meter in poetry. A foot will usually have 2, 3 or 4 syllables in Greek and Latin poetry. 2 Morae (Remember: one short syllable has one time or mora.) A foot composed of two short syllables is called pyrrhic. A pyrrhic foot would have two times or morae. 3 Morae A trochee is a long syllable followed by a short and an iam(b) is a short syllable followed by a long. Both of these have 3 morae. 4 Morae A foot with 2 long syllables is called a spondee. A spondee would have 4 morae. Uncommon feet, like the dispondee, can have 8 morae, and there are special, long patterned ones, like the Sapphic, named after the famous woman poet Sappho of Lesbos. Trisyllabic Feet: There are eight possible feet based on three syllables. The two most common are:(1)the dactyl, which is named visually for the finger, (long, short, short) and(2)the anapest (short, short, long). AnapestDactylic Hexameter Feet of four or more syllables are compound feet. Verse: A verse is a line of poetry using feet according to a specified pattern or meter. A meter can refer to a single foot in a verse. If you have a verse made up of dactyls, each dactyl is a meter. A meter is not always a single foot. For instance, in a line of iambic trimeter, each meter or metron (pl. metra or metrons) consists of two feet. Dactylic Hexameter: If the meter is dactyl, with 6 meters in the verse, you have a line of dactylic hexameter. If there are only five meters, it is pentameter. Dactylic hexameter is the meter that was used in epic poetry or heroic poetry. There is one additional important bit of confusing information: the meter used in dactylic hexameter can be either dactyl (long, short, short) or a spondee (long, long). Why? They have the same number of morae. Diaresis - Division in a Line of VerseCaesura - Division in a Line of Dactylic HexameterTrochaic TrimeterIambic Trimeter Meter for the AP Exam: For the AP Latin - Vergil Exam, students need to know dactylic hexameters and be able to determine the length of each syllable. - UU|- UU|- UU|- UU|- UU|- X. The last syllable may be taken to be long since the sixth foot is treated as a spondee. Except in the fifth syllable, a long syllable can replace the two shorts (UU).

Saturday, February 15, 2020

Myths are pseudoscience theories that are false claims Essay

Myths are pseudoscience theories that are false claims - Essay Example Dryden, & Still continue to argue that pseudoscience is much more characterized by use of sources in the wrong way, inadequate application of logic as well as observations (151). In this case, therefore, the explanations made are neither valid nor scientific, since the conclusions made are out of assumptions as opposed to science Popper (3). Allhoff argues that science and facts must rely on facts (4). In relation to the myths, one would, in this case argue that myths are false claims from the fact that the sources that these myths are based on are not credible, but are simply based on hearsays of the authors. For instance, one cannot prove that all children born on Fridays are lucky since there are many children who are very unlucky. Myths can also be disguised as fallacial since they are simply based on observations that are not experimented. Lakatos, Feyerabend & Motterlini (30) and Lakatos (21) indicate that scientific experiments are scientific must have tested hypotheses, and results that can be proven and tested. For instance, can we prove that all skinny persons are unhealthy as the assumption goes? It is, therefore, validated to argue that myths, at most times do not have logical and sound arguments. With false conclusions made, it is obvious that a lot of errors were made while making inferences. Validity and sound arguments, according to Allhoff, Alspector-Kelly & McGrew are an aspect of scientific method (515). In the work of Lakatos, astrology can be described as pseudoscience form the fact that it is not consistent as science facts should be (26). As a myth, astrology is untrue. Just like the ancestors believed in myths, they did not focus on evidence just like in the case of astrology. Lack of verifiable principles disqualifies these myths. Astrology according to Lakatos cannot be falsified since the entire concept does not rely on repeatable tests (26). With astrological claims being stated negatively, the results would,

Sunday, February 2, 2020

Workplace Health, Safety & Welfare Coursework Example | Topics and Well Written Essays - 1000 words

Workplace Health, Safety & Welfare - Coursework Example The suitability of things to everyone is ensured by these regulations. This involves making parts of the workplace such as passageways, lavatories, stairs, particular doors, showers, and workstations accessible to those with disabilities. The major focus of workplace health, safety and welfare are on concerns such as the improvement of the work and its environment for conduciveness in relation to health and safety, the promotion ad maintenance of the health of workers and their capacity to work, and the development of cultures of work, working organizations in a direction supporting safety and health in the workplace as well as promoting an optimistic smooth operation and social climate which may eventually enhance their undertakings in terms of productivity. The working culture concept here means the reflection of an essential system of value that is adopted by the concerned undertaking. The mentioned culture if reflected in practice of the personnel policy, managerial system, train ing policies, principles of participation, and the quality management of the employee undertaking. Generally, the primary reasons why employers have no choice but to adopt the workplace safety, health and welfare regulations include: moral reasons like the unacceptability of placing the safety and health of people at risk, reasonable care duty owed to people, the attitude of society to the moral obligations, and making cases of morals to the senior management; legal reasons which may result into compensatory as a result of law effects, punitive, prevention of the effects of the law; and the economic reasons including both the indirect and direct costs that are associated with the safety... The paper describes the importance of all areas of work. The general guidance on workplace safety is applicable on particular subjects such as temperature, ventilation, cleanliness, lighting, workstations and seating, room dimensions, falling objects, floor conditions, translucent and transparent doors, windows, gates and walls, ventilators, escalators, skylights, washing facilities, and sanitary conveniences among other matters. The requirements under the regulations demand that the employers perform a general duty of ensuring that the health, safety and welfare of the employees at workplace are taken care of appropriately. Even people who control the non domestic premises carry a duty to people who use those premises even if they are not their employees. The health and safety regulations ensure all employers carry on their duties to protect the safety, health and welfare of everyone within and around the workplace as well as the provision of sufficient welfare facilities to the peo ple in the workplace. The set regulations see to it that all places of work meet the safety, health and welfare requirements of all the employees as well as those with disabilities. The suitability of things to everyone is ensured by these regulations. This involves making parts of the workplace such as passageways, lavatories, stairs, particular doors, showers, and workstations accessible to those with disabilities. The employers should perform various plans of action that ensure the principles of workplace safety, health and welfare are implemented.

Saturday, January 25, 2020

The Essence of Teamwork Essay -- Sociology Sociological Team Work Essa

The Essence of Teamwork â€Å"Two are better than one, because they have a good reward for their hard work. For if one of them should fall, the other one can raise his partner up. But how will it be with just the one who falls when there is not another to raise him up?† – Ecclesiastes 4:9, 10 As the scriptural text quoted above implies, teamwork can accomplish what the individual cannot do on his or her own. Teamwork is defined as â€Å"a small number of people with complementary skills who are committed to a common purpose, performance goals, and approach for which they are mutually accountable.† (Katzenbach and Smith, 1993) In today’s society, with so much emphasis on pride and personal achievement, the concept of teamwork seems to be old-fashioned or basic. Clashes of personality, different perspectives and cultures prescribe one to develop a natural inclination toward individual work and an unhealthy reluctance towards team work. Nevertheless, teamwork, if managed properly, can be a source in which complexity is simplified, a problem meets a solution and great things are accomplished. So with the focus on teamwork, what are the present challenges to teamwork? What are some good approaches towards building a successful team? Finally, what are the personal and collective benefits of teamwork? The Challenges to Teamwork When asked the question, â€Å"What are some challenges to teamwork?† most people would respond with common answers such as: conflicts of personalities, stress, job dissatisfaction, unethical behavior, miscommunication or lack of communication. However, with advancements in technology and a never before experienced contact between the western and eastern hemispheres of the world, there are new challenges that are being encountered now and will continue to be dealt with in the future. The challenges that must be met by today’s project teams are: Virtual Project Teaming, Cross-functional teams, Globalization, Diversity and Time to Market Pressure. Most of the common contributing factors to teamwork failure such as personality conflict, miscommunication or stress are the consequences experienced if the previously mentioned challenges are not met. The greater proportion of the work of virtual project teams is carried out online. These sorts of teams exploit reliable and consistent communications in order to work together and overcome some of t... ...dividual ideas. An individual’s communication, critical thinking, evaluation, conflict resolution and academic skills are improved through positive teamwork activities. As a result of good teamwork, social connections are formed between team members that may extend beyond the workplace or classroom and thus improve team morale and camaraderie. An individual’s communication, critical thinking, evaluation, conflict resolution and academic skills are improved. Bibliography: Cohen, E, (1986). Designing Groupwork: Strategies for the Heterogeneous Classroom. New York: Teachers College Press. Katzenbach, J.R and Smith, D.K. (1993). The Wisdom of Teams: Creating the High performance Organization. Boston: Harvard Business School. Kliem, R and Anderson, H (2003). The Organizational Engineering Approach to Project Management: The Revolution in Building and Managing Effective Teams. Boca Raton: St. Lucie Press. Lipnack, J and Stamps, J (1997). Virtual Teams: Reaching Across Space, Time, and Organizations with Technology. New York: John Wiley & Sons. New World Translation of the Holy Scriptures (1984 Revision). New York: Watchtower Bible and Tract Society of New York, Inc.

Friday, January 17, 2020

Happiness Emotion Essay

Happiness is an emotion and feeling of contentment, gladness and pleasure. In some instances it may be in our power or in some other cases it may not be. Feeling of happiness is a transitory stage; however, it can turn into a long-term state when we and our surroundings constantly adopt those practices that cause happiness and pleasure. Maslow talked about long-term happiness. It can be subjective happiness or objective happiness. Maslow belief was on objective happiness. In the state of happiness our own self-deception plays a vital role. One can think of being happy when he’s not or one can be happy and content but not aware of this state. Some philosophers view that the state of being happy is completely under our control. We can choose to be happy or not. The power of being happy or unhappy is a state of mind. Because some people are happy over one thing, while others feel just the opposite of the same thing. It depends on our daily habits and practices. But Maslow believed that happiness is to have a good pleasurable life that one can achieve with his full potential. He thinks one can be happy when one is living a high-quality good life. According to Csikszentmihalyi, the philosophy of happiness in human society has always been under great controversies and discussions. Human brutality, war and conflict have caused great deal of violence, aggression and miseries in the society. Prevailing happiness in the society is not an easy task. It would require improving our relations with others. This includes all kinds of relations, relations between the nations, between different ethnic groups, between different cultures and societies. Developing relationship with others need changing our attitudes. A conflict starts when our attitude and behavior is not good with others. Keeping good attitude and behaving with others gently will only cause happiness to prevail. Harshness, brutality, rudeness, and aggressive attitude give rise to conflict, hatred and eventually war. For maintaining happiness in the society, it is not only important to improve our attitudes but to protect them and promote them to guard happiness. Happiness exists when all rights of people are protected and they get justice when harm is done to them. Philosophers define happiness as not just the ‘end of conflict’ but it’s a continuous process of developing relationships and promoting good behavior. Csikszentmihalyi gives broader view of happiness with respect to its existence and outcomes in history. He analyses how the aggression has existed in society and how happiness had evolved and been affective in prevailing tranquility in the society. Happiness exists in our feelings when our behavior inspires courteousness, love of neighborhood, sympathy, charity, if combined, defeat poverty, discrimination, abuse and other hatred attitudes. Trust in religion can overcome hatred & disgust, while it ends discrimination and does not foster inequity but love. Hurting, destroying and harming others spread pain. However, love halts this devastation and ends pain.   The demands of nurturing and sustaining such love are very high. Respect for religion inspires. According to Csikszentmihalyi, a happy meaningful life might be different in views of different people depending upon the achievements in different areas, which cover happiness, wealth, richness, health, love, marriage, family & relations. However, apart from these, there are spiritual and existential needs that give meaning to life. The desire to attain this meaning is not fulfilled or overcome by relative meanings, but this comes by ultimate gift. The former is limited to specific realm of meaning, while later is permanent, whatever we attain meaninglessness continues. Our moral responsibility is the necessity and our actions take root from our determination and our own choice. For this we are going to answer in the hereafter about our deeds. If our deeds are according to God’s law and His doctrine then we may be rewarded by Him but if our deeds are in rejection to what God created as ‘norms’ of life then we can be punished by Him. A voluntary act differs from a non-voluntary one in that first one has self-conscious advertence (to turn one’s attention to) to that particular action and self-choice for own causality. It has a choice that the act has been chosen by one’s own awareness. Thoughtful ideas and volition consciously started, but later continued merely spontaneously, without reflective advertence remains free because there was a free choice for bringing it about by elective adoption. Lyubomirsky states that everything, which is going on in the world, is the result of some previous event, or events. Therefore, everything that exists is already in pre-determined or pre-existent state and, hence, nothing new can come into existence. This holds the view that every event is simply the result of past events. This, in turn, has deep and radical effects on morality, science, and religion. According to the view of Lyubomirsky anything which is going to happen in the future is unalterable and is caused by prior events. It concludes that human freedom is an illusion. Free will is opposite to what determinism is, it is non-determination and freedom. The conscious of man are free to make genuine undetermined choices. Free will comes in a variety of types and strengths. Lyubomirsky states determination contradict free will and doctrine that it does not exist, because all events, are causally determined. Hence, our will can determine our happiness. This view shows that we’re in a system of parts, and strengthens the view compositional happiness, as commonly view by Christian complementariness in agreement with naturalist. According to Maslow, to build a system with happiness we must construct a physical or biological structure, and to successfully build such system, a mental life would emerge in that system. In support of this view, another philosopher suggests that to have a happy life means to have any peculiar kind of physical and emotional system. Philosophers assert that a person is system of material made up of different parts ordered in appropriate pattern. Thus, happiness may or may not be under our control. It some situations we can do things to make ourselves happy or at other times it may come without alarming. If existence is not taken into the meanings of a prosperous-being then, a society can exist without security, education and rules. But a society can never stand without any health. These three basic things are regarded as the very fundamental human rights namely security, education and health. The absence of the first two destroys the society as a whole but do not interfere with the individuals in a very direct way, but the absence of the third one destroys the entities of that society-the human beings itself. So health is the fundamental issue that a society has to care for. A society is said to exist on three main beams, Security of individuals, Education and health. Poor health conditions could affect the society in a way that even the other two collectively can not do. Nothing is more concerning to a person more than his health. Health is no doubt a basic human right. This basic right of an individual is the duty of a government. Only healthier persons can contribute effectively towards a productive society. Religion inspires courteousness, love of neighborhood, sympathy, charity, if combined, defeat poverty, discrimination, abuse and other hatred attitudes. Trust in religion can overcome hatred & disgust, while it ends discrimination and does not foster inequity but love. Hurting, destroying and harming others spread pain. However, love halts this devastation and ends pain.   The demands of nurturing and sustaining such love are very high. Respect for religion inspires â€Å"civility of love† for humanity, inspires people to trust, pray, and work diligently for a world where all people are respected. According to Lyubomirsky & Sheldon religion, especially monotheism, where God is the sole point of worship creates a direct relationship of man with God. Lyubomirsky & Sheldon’s writing has greatly been influenced by cosmological religiosity from in a sense though he is unable to do so as it largely relates to emotions, behavior and psychological health. He relates cosmological religiosity with human powers of love, emotions, feelings, and value as it is associated with the matter of soul. He stresses that cosmological religiosity is not a religious connotation but a science to deal with mental functioning in health and illness. For him, conscious and unconscious thought is not the matter of belief in God or not to believe in Him but about humanistic view of religion, his attitude, behavior and relationship with people and a positive attitude towards the society. But this humanistic definition of religion doesn’t actually encompass religious connotations. Though, in defining authoritarian view of religion, he is correct to some extent, where monotheism is regarded the only true form of religion while all other are deviation from this truth, he hasn’t yet been able to grasp the actual meaning of religion, its important role in man’s life and in his study of mind. In monotheism only one power, God, dominates, who has to be followed and respected with submission. However, he regards this type of submission as self-destruction. Here Lyubomirsky & Sheldon is proposing an incorrect view of â€Å"submission to God† as self-destruction, because history and facts show that this is the only way of developing a true and loving behavior with the Creator and the His creatures. The form of religion he states right i.e. humanistic, is actually not humanistic but self-indulgence and it hardly leads one to love his society and people but person’s life keeps revolving around himself without realization of duty-bound to his responsibilities and right of God and His people. Hence the three articles conclude about different views of happiness. Happiness lies in one’s inner-self and how we view outside world. Our personality and psychology plays vital role that how we perceive certain things as good for us and some as bad. References A Theory of Human Motivation` by Maslow If We Are So Rich, Why Arent We Happy? by Csikszentmihalyi – Pursuing Happiness by Lyubomirsky, Sheldon, and Schakade.

Wednesday, January 8, 2020

Rationale For Methodology For Quantitative Research

Rationale for Methodology The quantitative method for this study is being used because of the statistical, arithmetical, or a numerical study of facts gathered through surveys, and questionnaires (Babbie, 2010). The quantitative will allow to measure before and after. This quantitative research is significant because it will statistically show the number of teachers that improve with a before and after test design. The methodology will be a Quantitative Quasi-Experimental Pre-Post Test Design. According to Yin (2011) settled that a qualitative study, the social construction worldwide is usual, while the qualitative depends on the participant’s opinions of the research. Qualitative will focus on interviews and surveys of participants while quantitative will focus on the statistical numbers. Quantitative will use organized research instruments. Qualitative deals more with words while in this study will deal with numbers (Bricki Green, 2015). Qualitative study criticisms; tr ials are small, may not represent the broad population, and maybe hard to express in what way the results are unfair by the investigators own feelings (Bricki Green, 2015). Quantitative research will give a statistical count of the number of teacher mentors on novice teacher self-worth in the classroom versus those without teacher mentors on novice teacher’s self-worth in the classroom. Qualitative will only give small amount of mentor teacher on novice teacher self-worthShow MoreRelatedI Routinely Declare My Belief That Trustworthy Relationships1329 Words   |  6 Pagesstudy provides evidence-based suggestions to support that belief and the importance of trust in a coach (the leader) which can (as suggested by this research) predict future performance of a team. How did you determine if the study s rationale was clearly articulated (express an idea or feeling fluently and coherently)? Yes, the study’s rationale was clearly articulated. 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