Tuesday, August 6, 2019
Three Novels Essay Example for Free
Three Novels Essay Central to the rising action, falling action, and climax of any short story is linked directly to the protagonist. Therefore, the protagonists key features and experiences push the plot and action of the novel forward. It is this literary elements which lead to the eventual emotional growth of the character, his circumstances, and the denouement of the novel. Theme, structure and social characteristics are the literary elements, which highlight the spiritual growth of the main characters in ââ¬Å"My Name is Asher Levâ⬠, ââ¬Å"Emmaâ⬠and ââ¬Å"Huckleberry Finnâ⬠à à à à à à à à à à à Each of these three novels about moral maturation and the growth of self-awareness, ââ¬Å"Huckleberry Finnâ⬠by Mark Twain, whose protagonist is Huckleberry Finn, Jane Austenââ¬â¢s ââ¬Å"Emmaâ⬠, named after the protagonist and ââ¬Å"My Name is Asher Levâ⬠by Chaim Potok, whose main character is Asher Lev. Notably, the authors necessarily indicate the protagonistsââ¬â¢ names in the titles, underlining their moral and psychological development as a central plotline. The literary elements of theme, structure and protagonistââ¬â¢s social characteristics actually strengthen the readerââ¬â¢s understanding of the characterââ¬â¢s spiritual growth: Levââ¬â¢s novel demonstratesââ¬â¢ the protagonistââ¬â¢s liberation from the community bonds through the lens of the theme of social pressure, Twainââ¬â¢s writing ââ¬â the progress of Huckââ¬â¢s humanistic views underlining the theme of slavery, Austenââ¬â¢s work ââ¬â Emmaââ¬â¢s psychological maturation, through prioritizing the theme of marriage, moreover, all works by their structure provide the mistakes made by the protagonists on their path and thus make clear to the reader that development is not a smooth and gradual process, whereas the change or stability of sociological characteristics pay readerââ¬â¢s attention either to the connection between self-awareness and social position or to the purely inner revolution. The characters actually perfect very distinct aspects of self awareness: Emma, for instance, overgrows the selfish and infantile girl, whose main interest is manipulating the othersââ¬â¢ fates (as she appears at the beginning), Asher Lev realizes that he is actually an independent personality rather than the subject of the Hassidic community after being judged for depicting the his motherââ¬â¢s anguish, whereas Huckleberry Finn, who has never considered carefully the issue of racial equality, begins to realize his humanistic views and oppose the oppression of slaves and the split of their families. Due to the fact that the major theme in ââ¬Å"My Name is Asher Levâ⬠is community bonds and the conflict itself develops in terms of the weakening of the commitment to the groups of Hassids the protagonist, who is a bright and unique individuality, should ascend over the blind observance of community tradition and learn to distinguish himself from the group. Therefore, his development is associated with individuation and learning of his ego and the religious conflict results in the development of Asherââ¬â¢s ability to assert his self: ââ¬Å"So it is time for the defense, for a long session in demythology. But I will not apologize. It is absurd to apologize for a mysteryâ⬠(Potok, 1960). Asher displays his maturity and understands the difference between what he can explain and what he can not. The conflict in Asher is that there is disconnected between his art and the god he worships.à The internal conflict is resolved at the end of the novel through Ashers emotional development.à Asher grows and matures which enables Asher to make the appropriate choice between the two.à Asher is able to release his emotions by creating art.à He learns to understand how this art reflects him and what it truly means. This insight he lacked at the begining of the novel, however in the final chapters he displays his newly found maturity. A pivotal moment is when Asher moves into his aparment.à He states Away from my world, alone in an apartment that offered me neither memories nor roots, I began to find old and distant memories of my own, long buried by pain and time and slowly brought to the surface now. Now I would have to paint the street that could not be seen. He is able to confront his past and make sense of it. He begins to see himself as situated within that community in a unique way, but still as a part of it. The theme of marriage as the leading one in ââ¬Å"Emmaâ⬠is also related to the main characterââ¬â¢s development: whereas at first, Emma views marriage as a game, popular in her environment, she is still not infantile to understand that this specific type of partnership is based necessarily on strong affection after developing the feelings for her brother-in-law; whereas at the beginning she has fear for the responsibility associated with marriage. Emma is always stating she does not want to get married.à However, when her close friend becomes interested in a man, Emma feels her feelings begin to stir.à Emma realizes Mr. Knightley is the man she wants to spend the rest of her life with. She is only happy around him.à This is a pivotal moment because previously she hated the idea of marriage.à Love, while central to conflict in the strong, is what reveals Emmas true desires from life.à Emma reflect Emma realizes that she had indeed not been a friend to Harriet, as Mr. Knightley had said.à She realizes how foolish it was of her to try to meddle in other peoples romantic affairs when she did not even realize her own feelings for Mr. Knightley.à She now knows that she should not interfer in other peoples affairs and that she has the capacity to love. The theme of slavery also supports the readerââ¬â¢s understanding of the young protagonistââ¬â¢s moral growth in ââ¬Å"Huckleberry Finnâ⬠: ââ¬Å"Iââ¬â¢m low down; and Iââ¬â¢m a-going to steal himâ⬠(Twain, 1999, Ch. 33); as one can understand, Huck no longer views Jim as property, but in order to persuade Tom, he recognizes his own inclination to wrongdoing and takes entire responsibility for the stealing the slave. Finn, at the begining of the story, is a young boy.à He is the productive of his environment and the time he lives in. à He holds the same prejudices that the adult around him hold.à However, his experiences with Jim, on the river, forever change him.à These experiences change the way that Finn sees the world, and slavery.à Finn reflects on slavery in the following way Well, it made me sick to see it; and I was sorry for them poor pitiful rascals, it seemed like I couldnt ever feel any hardness against them any more in the world. It was a dreadful thing to see. Human beings can be awful cruel to one another.à Finn realizes that just because people around him are cruel does not make it right.à He makes the choice that slavery is wrong and he will not treat Jim the way society tells him he should be treated. The structure of the stories is generally similar: the greatest part of the plot is dedicated to depicting the behavioral imperfections of the protagonist, so that the reader can feel the protagonist is an ordinary person, whose growth is based upon his/her own mistakes. For instance, ââ¬Å"Emmaâ⬠at first depicts an arrogant and class-conscious girl saying ââ¬Å"The yeomanry are precisely the order of people with whom I feel I can have nothing to doâ⬠(Austen, 2001, Vol.1 Ch.4) and throughout the first two parts she acts as a quarrelsome person, whereas her later reasoning can be characterized as wiser: ââ¬Å"I think Harriet is doing extremely well ââ¬Å"(Austen, 2001, Vol. 3, Ch. 28), i.e. she approves of her best friendââ¬â¢ marriage to the farmer, having got the idea of love and letting it in. Beyond mistakes, Potokââ¬â¢s and Twainââ¬â¢s protagonists also encounter difficulties and adversities, which shape their outlooks; for instance, Levââ¬â¢s story can be divided into three parts (Walden, 1985): period of the teenage conflict with the environment, movement toward the goal in Kahnââ¬â¢s studio and the resolution of the conflict and individuation (Potok, 1972). Huckââ¬â¢s moral development is less gradual and actually consists of several insights: 1) first encounter with Jim as a fugitive slave and the initial desire to help him; 2) The loss of the companion after meeting the ââ¬Å"aristocratsâ⬠and Jimââ¬â¢s imprisonment in Phelpsesââ¬â¢ house. Finally, social characteristics of the protagonists are quite expressive themselves and point actually to the qualities to be changed. For instance, Emma is introduced as a girl with a degree of self-importance and class-based prejudice because of her upper class identity, but later she begins to understand her friend Harriet in her love for Martin and thus grows more open-minded; furthermore, her maturation is accompanied by the change of social characteristics, as Emma accepts Knightleyââ¬â¢s proposition Huck Finnââ¬â¢s social characteristics remain practically the same, as the author seeks to maintain the readerââ¬â¢s focus on the advancement of his moral qualities, so that the adolescent still remains to some extent uncommitted to social norms ââ¬Å"Aunt Sally sheââ¬â¢s going to adopt me and sivilize me, and I canââ¬â¢t stand itâ⬠(Twain 1999, Ch. 43), in spite of having developed his distinct attitude towards slavery. Asher Lev, in turn, drastically changes his social identity: the growth of his self-awareness and self-identity result in his alienation and separation from the community. The readerââ¬â¢s understanding of the protagonistââ¬â¢s path toward self-awareness is to great extent manipulated by the authors: Jane Austen, Chaim Potok and Mark Twain design the plot structure, which underlines the failures and subsequent insights of the protagonist, embed the central theme into the main characterââ¬â¢s spiritual growth and substantially change the protagonistââ¬â¢s social features, except Huckââ¬â¢s case, in which the focus on morality shift is broadened through remaining social characteristics stable. References Austen, Jane.à Emma.à Ed. James Kinsley.à New York: Oxford UP, 1998. Twain, Mark.à Adventures of Huckleberry Finn.à Boston: Bedford/St. Martins, 2004. Potok, Chaim. The Chosen. New York: Fawcett Crest, 1967. My Name Is Asher Lev.à à New York: Ballentine Books, 1990.
Monday, August 5, 2019
Law Essays Certain Selling Arrangements
Law Essays Certain Selling Arrangements Certain Selling Arrangements The introduction of certain selling arrangements has imposed an unnecessary straitjacket on the development of the Keck principle. Not only is the Keck formula too narrow; paradoxically, it is also too broad in that it catches dynamic measures (such as restrictions on advertising) and therefore takes them outside the scope of Article 28 even though they do affect inter-state trade. (C. Barnard, The Substantive Law of the EU. The Four Freedoms (OUP 2d ed.) at 149). Discuss Article 28 (ex 30) EC provides that: ââ¬Å"Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member Statesâ⬠. Although this may initially seem simple, it has caused substantial difficulties when it comes to measures having equivalent effect when the rules are indistinctly applicable (ie. they apply equally to domestic and non domestic goods). As will be seen, the confusion around dealing with these measures was intended by the ECJ to be halted by the judgment in Keck. This essay will critically evaluate the decision in Keck in order to consider whether it has indeed served this purpose. A definition of measures having equivalent effect to quantitative restrictions was introduced by the ECJ in 1974 in the case of Procureur du Roi v Dassonville: ââ¬Å"All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions.â⬠Although this definition proved helpful to the Court, its application tended not to distinguish between indirectly and directly applicable measures. It was also very broad, leaving many regulations open to examination by the Court. This in turn lead to large amounts of litigation for the Court to deal with. In Rewe-Zentral AG v Bundesmonopolverwaltung fur Branntwein (ââ¬Å"Casis de Dijonâ⬠) a narrower approach was adopted. The case concerned the legality of a German law which prescribed a minimum alcohol level of 25% for certain spirits, including cassis. German cassis was above the 25% level, but French cassis was not. Therefore, although the German law was indistinctly applicable, the result of the measure was to preclude the French cassis from the German market. The ECJ applied the Dassonville formula but went on to state that: ââ¬Å"Obstacles to movement within the Community resulting from disparities between the national laws relating to the marketing of the products in question must be accepted insofar as those provisions may be recognised as being necessary in order to satisfy mandatory requirements relating in particular to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defence of the consumer.â⬠The case therefore introduced the concept of the ââ¬Ërule of reasonââ¬â¢ to applications of Article 28 in the context of indistinctly applicable measures. In the Cassis de Dijon case itself it was held that the measure had been enacted in the interests of public health and fairness to commercial transactions, but that it was not a necessary means to achieve these objectives and was therefore in breach of Article 28. The cases concerned the legality of a French law prohibiting the resale of goods in an unaltered state at prices lower than their purchase price. Keck and Mithouard were prosecuted for breach of this law but claimed that the rule was incompatible with EC law. The ECJ considered Article 28 and applied the Dassonville formula. It was stated that the legislation could have the effect of restricting the volume of sales of imported goods as it deprived traders of an important method of sales promotion. The Court then went on to state that:Although the Cassis de Dijon case placed a limit on the very broad approach of the Dassonville formula, it was not without its problems. The application of the ââ¬Ërule of reasonââ¬â¢ was difficult for domestic courts. The ââ¬ËSunday Tradingââ¬â¢ cases demonstrated this when a challenge was made to the legality under Article 28 of national rules limiting Sunday trading. In some cases it was held by the national courts that the rules were just ified, in others that they were disproportionate. As a result of this uncertain approach, a change in the way the ECJ dealt with this problem was clearly necessary. This change came in the form of Keck and Mithouard which ââ¬Å"marks an important turning-point in the Courtââ¬â¢s jurisprudence on Article 28â⬠. ââ¬Å"In view of the increasing tendency of traders to invoke Article 30 of the Treaty as a means of challenging any rules whose effect is to limit their commercial freedom even where such rules are not aimed at products from other Member States, the Court considers it necessary to re-examine and clarify its case law on this matter.â⬠The Court then considered the Cassis de Dijon case and the extent to which the application of rules which limited free movement of goods could be justified as in the public interest: ââ¬Å"However, contrary to what has previously been decided, the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment â⬠¦ provided that these provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and fact, the marketing of domestic products and of those from other Member States.â⬠It was therefore held that Article 28 did not apply to ââ¬Ëselling arrangementsââ¬â¢ and therefore the French law had not been in breach of the EC law. The decision in Keck has been said to be ââ¬Ëlacking in principleââ¬â¢, yet it has also been praised for its ââ¬Ëtendency to cut back on unnecessary intrusions into the laws of the Member States in cases where access to the relevant national market is not at stakeââ¬â¢. Perhaps the most controversial aspect of the decision is the distinction draw between rules that are to do with the product itself, and rules which relate to the selling arrangements in place for that product. Indeed, it has proved difficult to determine exactly what is meant by ââ¬Ëselling arrangementsââ¬â¢. In Hunermund pharmacists were prohibited from advertising, outside their premises, products which they were authorised to sell. It was held that this was a method of sales-promotion and was therefore outside the scope of Article 28. Moreover, in Banchero defendants to a smuggling charge invoked Article 28 in relation to Italian rules reserving the retail sale of tobacco to authorised distributors. The authorised distributors could only gain such status where the national body which held a monopoly over tobacco production in the country granted it. It was held that the system did not impede access to the national market, was a selling arrangement, and was therefore compatible with Article 28. In contrast, measures constituting requirements to be met, such as a Dutch law prohibiting dealings in gold and silver products not bearing certain hallmarks (Houtwipper) and German laws requiring the labelling of the contents of certain foods additional to those specified under EC law (Commission v Germany) are within the scope of Article 28 as they relate to the goods themselves, rather than merely the selling of the goods. The difficulties in lack of workable definition of a ââ¬Ëselling arrangementââ¬â¢ are seen particularly starkly when considering the Courtsââ¬â¢ approach to the advertising of goods. In Leclerc-Siplec the ECJ held that legislation which prohibits television advertising in a particular sector amounted to a selling arrangement. Therefore, even a complete ban on advertising of certain products will not come within the scope of Article 28 if the ban applies to domestically produced and imported products equally in law and in fact, as the Court held when considering a ban on television advertising directed at children under 12 in Komsummentombudsmannen v De Agostini. This means that the free movement of goods can be seriously hampered and the main provision designed to prevent this will have no effect whatsoever. In this sense, the approach offered by Keck is too broad. However, advertising and other measures intended to increases sales have not always been held to be ââ¬Ëselling arrangementsââ¬â¢. In Vereinigte Familiapress Zeitungsverlags- und Vertriebs GmbH v Heinrich Bauer Verlag Austria had prohibited periodicals from featuring prize draws or competitions. The ECJ formed the view that publishers would use such competitions with the hope of increasing circulation. However, the rule was held not to be a selling arrangement as it concerned the content of the magazine, equating to a requirement to be met. Article 28 applied and the Austrian rule was in breach of it. Although the measure was justifiable under the Cassis de Dijon formula, the provisions of Keck were too narrow to include this scenario. This approach therefore does not solve the problem created by the Cassis de Dijon case of uncertainty in application. Furthermore, in Schutzverband gegen unlauteren Wettbewerb v TK-Heimdienst Sass GmbH Austrian legislation provided that bakers, butchers and grocers may offer goods for sale on rounds in a given administrative district only if they also traded from a permanent establishment in that district or an adjacent municipality, where they offered the same goods for sale as they did on their rounds. It was that this amounted to a ââ¬Ëselling arrangementââ¬â¢ but one which did have a differential impact on domestic traders and others. This approach therefore entails an analysis of market access, which was a factor in the pre-Keck jurisdiction, but which was supposedly outside of the Keck approach. The academic reaction to Keck at the time of the decision was in the main critical and it was argued that Keck placed too much emphasis on factual and legal equality at the expense of market access. It was suggested that denying that selling arrangements came within Article 28 as long as they did not discriminate in law or in fact ignored the importance of market access as trading rules could be formally equal yet still operate so as to inhibit market access. Academics have therefore argued for an approach based on market access, with a main advocate being Weatherill. He has suggested that the correct approach should be to focus on market access rather than just factual and legal equality. To this end he has proposed a modified test: ââ¬Å"Measures introduced by authorities in a Member State which apply equally in law and in fact to all goods and services without reference to origin and which impose no direct or substantial hindrance to the market of that Member State escape the prohibition of Articles 30 and 59 [as were].â⬠This opinion was not confined to academics, and was raised judicially by Advocate General Jacobs in Leclerc-Siplec. Jacobs AG felt that advertising could play an important role in breaking down barriers to inter-state trade and was therefore dissatisfied that it should be outside Article 28. He suggested a modification to involve a test of ââ¬Ësubstantialââ¬â¢ hindrance, so that if a substantial restriction on access to the market was acting then it should be caught by Article 28. However, this suggestion was not applied by the ECJ. Further judicial consideration has come from Advocate General Maduro in Alfa Vita where he stated that while Keck was intended to clarify the ambit of Article 28, it had ââ¬Ëproved to be a source of uncertainty for economic operatorsââ¬â¢. He went suggested a three point solution: prohibition of all discriminatory provisions, whether direct or indirect; the requirement that any supplementary costs on cross-border activity be justified and; that any measure which impedes to a greater extent the access to the market and the putting into circulation of products from other Member States should be considered to be an MEQR. From the analysis above it may be concluded that although the Court in Keck attempted to resolve the problems of both the broad approach of Dassonville and the difficult to apply Cassis de Dijon, the result has been far from simplistic. Indeed, it is still unclear as to exactly what factors the court will consider when examining the legality of provisions in relation to Article 28. What is clear though, is that the Court is again willing to reconsider the approach and there may yet be a further attempt to restructure the approach to this area of free movement. Bibliography Barnard, C. (2001), ââ¬Å"Fitting the Remaining Pieces into the Goods and Persons Jigsaw?â⬠, 26 ELRev 35 Connor, T. (2005), ââ¬Å"Accentuating the Positive: The ââ¬ËSelling Arrangementââ¬â¢, The First Decade, and Beyondâ⬠, International and Comparative Law Quarterly, 54, 1, 127 Craig, P. De Bà ºrca, G. (2008), EU Law: Text, Cases and Materials, 4th Edition, Oxford University Press Enchelmaier, S. (2004), ââ¬Å"Four Freedoms, How Many Principles?â⬠, Oxford Journal of Legal Studies, 24, 155 Chalmers, D. (1994), ââ¬Å"Repackaging the Internal Market ââ¬â The Ramifictions of the Keck Judgmentâ⬠, 19 ELRev 385 Fairhust, J. (2007), Law of the European Union, 6th Edition, Pearson Longman Gormley, L. (1994), ââ¬Å"Reasoning Renounced? The Remarkable Judgment in Keck Mithouardâ⬠EBLRev 63 Reich, N. (1994), ââ¬Å"The November Revolution: Keck, Meng, Audi Revisitedâ⬠, 31 CML Rev 459 Roth, W.H. (1994), ââ¬Å"Casenote on Keck and Hunermundâ⬠, 31 CML Rev 845 Steiner, J., Woods, L., Twigg-Flesner, C., (2006), EU Law, 9th Edition, Oxford University Press, pg 374. Weatherill, S., (1996), ââ¬Å"After Keck: Some Thoughts on how to Clarify the Clarificationâ⬠, 33 CML Rev, 885
Code Of Practice In Teaching And Learning
Code Of Practice In Teaching And Learning This assignment covers issues relating to current legislation and codes of practice in teaching and learning, as well as on the stages of the teaching/training cycle with emphasis on boundaries on some of the highlighted stages. The importance of record keeping in teaching and learning was also discussed in this assignment. I am currently working as an IT professional with the view of progressing onto more rewarding and better fulfilling profession as Mathematics cum ICT teacher/trainer in a lifelong learning sector. I decided to enrol for the Preparing to Teaching in Lifelong Learning Sector (PTLLS) programme at the North Hertfordshire College in preparing myself for the fulfilment of my career aspiration. LEGISLATION AND CODE OF PRACTICE IN TEACHING LEARNING The legislation and code of practice in teaching and learning are in place to act as guidelines and to protect the employees and learners in a typical lifelong learning sector. As a Tutor in the lifelong learning sector, it is my responsibility to be aware and adhere to the current legislative requirements and codes of practice as expected on my job role. Two examples of the current legislation relevant to teaching and learning are: Equality Act 2010 The key features of this act are, but not limited to the following: Aim at protecting disabled employees/learners and prevent disability discrimination as it provides legal rights for them in the area of employment, education, access to public facilities/services within a reputable lifelong learning institution. It provides rights to people (Carer or parent of a disabled person) not to be directly discriminated against or harassed because they have association with disabled people. It is unlawful for any education provider in the lifelong learning sector to treat a disabled employee/learner as less favourably for a reason related to their disability or fail to make reasonable adjustments to prevent them being placed at a substantial advantage. The Health and Safety at Work Act 1974 The learning institution must make it mandatory for the teachers/trainers and learners to understand and comply with the Health and safety at work Act 1974. This act ensures that they put the safety and health of employees and learners first. As Trainer, I must minimize the risks associated with repetitive strain injury (RSI) amongst my learners. For example, highly repetitive movements such as typing on the keyboard consistently can lead to RSI; continuous usage of the VDU (visual display unit) can also lead to eye strain. Hence, I must ensure that learners go on short intermittent breaks. Other current legislations that are relevant to lifelong learning sector are: The Sex Discrimination Act (SDA) 1984 Special Education Needs and Disability Act (2001) The Health and Safety at work Act 1974 Freedom of Information and Data Protection Act 2005 Employment Equality (Religious or Belief )Regulations 2003 Racial and Religious Hatred Act 2006 Human Rights Act 1998 Apart from the aforementioned current legislative requirements, there are also codes of practice that I have to adhere to as a teacher/trainer in a lifelong learning sector. Codes of practice, (CoP) are lower level documents that provide guidance. For example, the institute for learning (IFL) introduced a code of practice for teachers in the lifelong learning sector in 2008. The Code was developed by the profession for the profession and it outlines the behaviour expected of members for the benefit of learners, employers, the profession and the wider community. An example of the Code of practice that relates to teaching in a lifelong learning sector is the disclosure of criminal offence; as it is expected that any member to notify the institute as soon as practicable after cautioning or conviction for a criminal offence. STAGES OF TEACHING/TRAINING CYCLES The teaching/training cycle (as depicted below) can be described as a cyclic learning process that can continue indefinitely to facilitate successful learning experience. The teaching/training cycle can be joined at any point but needs to be followed through to be effective. The teaching/training cycle involves the following stages: Identifying needs Planning Delivering Assessing Evaluating The roles and responsibilities as well as the boundaries for each of the five stages of the teaching cycle in a lifelong learning sector are as highlighted below: IDENTIFYING NEEDS This stage is about finding out the needs of the institution as well as that of the learners. Roles Responsibilities To accommodate the specific needs of the learners e.g. provision of specialised equipment when needed, adequate provision for the disabled learners should in case of any accident/fire alarm, permitting learners to observe their religious obligation. The need to understand their leaning styles as well as providing the right tools, textbooks and any other materials needed to enhance their learning experience. Boundary To need to gain the qualification that are requisite for the course that one intended to teach PLANNING This phase involves preparing the suitable delivery resources that can facilitate conducive learning environment. Roles Responsibilities To identify the learning outcomes and thereby ensuring the provision of value-added learning services Ensuring that the outcomes of each session must be specific, measurable, achievable, realistic and time bound (SMART). To ensure that the specifications that were outlined in the schemes of work are addressed in the lesson plans this can be achieved by preparing the appropriate learning resources and also by including a variety of teaching and learning activities, dynamics and assessment methods. Boundary Physical contact with distressed pupil should appear normal and natural. Adhering to the ethos of the profession by maintaining high quality training, thereby guarantying that development and progression of the learner is being achieved. DELIVERING Roles Responsibilities To conduct the learning effectively by valuing and caring for the learner This is can be achieved by delivering the sessions based on the session plan that has already puts into consideration the various learning styles. To create a positive environment that fosters learning and keep the learners motivated Achieved by showing by demonstration, using teaching aids, giving out clear instructions and checking understanding among the learners regularly. Boundary Appropriateness of the teacher/learner relationship by ensuring that the learners do not know all about you and your life despite the fact of the need to be open, friendly and supportive. Knowing where to refer learners to such as assessment support for diagnosis of Dyslexia and other learning difficulties, Learning services for support with finance as well as knowing the procedures and where/who to escalate disruptive behaviour. Physical contact while demonstrating to the learner should not be misinterpreted. ASSESSING Roles Responsibilities To assess the learners during and at the end of the session in order to ensure they have gained the skills and knowledge needed to achieve their qualification Achieved by using any of the different types of assessment such as the Initial, Formative (quizzes and group discussion) or Summative (an examination that counts towards a qualification) assessments. To give constructive feedback and ensuring that Internal and External Verification (IV/EV) are carried out. Boundary No favouritism for any of the learners during assessment. EVALUATING This stage deals with getting feedback from the learner in order to reflect on ones teaching style and delivery. Roles and Responsibilities To obtain feedback from the learners in form of the course evaluation questionnaires in order to improve on ones teaching pedagogy and assist in future professional development. To evaluate the effectiveness of the program. Why keep records? Records are mainly kept for the following reasons: To let awarding bodies, employers and other stakeholders know This in terms of quality assurance is related to Internal/External verification as well as Internal/External moderation. Monitoring of progress and performance Helps tutors plan, monitor and review learners progress allows the trainer to monitor the effectiveness of his/her teaching and learners progress in relation to targets. To provide written feedback and guidance to learners. It is also the duty of the trainer to keep attendance records of the learners for health and safety reasons (evacuation in case of fire) and also for punctuality. To make the teaching/training work much easier. The reasons enumerated above are basically for legal reasons and also to support the teaching/training cycle. The stakeholders of these records are, but not limited to the following: Teachers/Trainers Awarding Bodies Employers Students Supervisors Ofsted Parents/Guardians/Sponsors Internal/External Verifiers Paper based and Computer records Paper based records Pros Less likely to be accessed by unauthorized user. Information update does not require any special skills. Cons Prone to lots of human errors due to differing terminologies, illegibility and misspelling. Disaster issue: can easily be lost or destroyed during fire or flood incident. Computer records Pros eliminate handwriting errors and offer spell checking ability. are cost efficient, because they eliminate expenses associated with stationeries, printing, other office supplies. Faster access to information and less space is required with regard to physical storage. Cons Privacy concerns: Personal information can be dispersed into the wrong hands. Data access problem: loss of power or technical glitches. This assignment has covered the various stages of the teaching/training cycles as well as the current legislation and the ethos of the profession in the teaching and learning sector. The needs for keeping records were also highlighted. WORD COUNT: 1585 words
Sunday, August 4, 2019
Rene Descartes Essay -- biography biographies bio
"I think, therefore I am" Rene Descartes was a man obsessed with finding things out for himself, an intellectual who contributed to the field of psychology. Born in the 16th century, Descartes grew up in a society where ideas, thoughts and perceptions were not questioned but were supposed to be understood and supported. While growing up and through his studies, Descartes began to make strides in the fields of philosophy, mathematics and science. Descartes was a man who challenged accepted ideas and aided the field of psychology through his contributions to reflex theory, helping describe the mind-body problem, and challenging accepted theological ideas. An automaton is a mechanical robot that can be defined as a machine that moves itself. Descartes believed that humans and animals moved and acted in the same fashion of the automatons. A hydraulic system is how Descartes explained movements in humans: the brain pushed fluid from the brain through the nerves to our body causing humans to move (Bolles 25-30). After his death, scientist did an experiment and came to the conclusion that the hydraulic idea was incorrect. What might seem as a complete failure of an idea actually became one of the beginning ideas of a reflexive theory (Schultz 26). ?This idea of reflex action can also be seen as a precursor of modern-response psychology, in which an external object brings about an involuntary response,? (Schultz 28). This is a key idea to the reflexive theory that Descartes developed, the idea that humans have an involuntary response. During his work he did several illustration and experiments to test the idea that humans cannot control all of their actions. In one such case Descartes described shows how a human eye cannot be co... ...utual relationship between a humans mind and body. Probably the most difficult and revolutionary thing Descartes did, was make it acceptable to criticize and religion. While he did face criticism for this, he opened up ideas of thought and rationality. An important lesson Descartes taught is that everything in your mind should be in doubt and questions. Descartes is significant because he knew the power of a question. Bibliography Bolles, Robert C. The Story of Psychology: A Thematic History. Belmont, Calf.: Brooks/Cole Publishing Company, 1993. Lowry, Richard. The Evolution of Psychological Theory. New York, NY.: Aldine Publishing Company, 1971. Schultz, Duane. A History of Modern Psychology. San Diego, Calf.: Harcourt Brace Jovanovich Publishers, 1987. Watson, Robert. The Great Psychologists. Durhan N.H.: J.B. Lippincott Company.
Saturday, August 3, 2019
Break Free From the Product Life Cycle Essay -- essays research papers
Kotler, P. (2003). Positioning and Differentiating Break Free From the Product Life Cycle Youngme Moon Harvard Business Review Summary A company must differentiate itself from others during the product life cycle by creating an image that demands attention and fosters unique brand awareness. Louis Vuitton is a company that continuously rejuvenates itself and has maintained a highly coveted brand for 150 years. A $1,000 monogrammed Louis Vuitton handbag is in such demand that it has spawned a multi-million dollar market of counterfeit products, most commonly referred to as ââ¬Å"knock-offs.â⬠The demand is so high for these knock-off products that LVMH Moet Hennessy, owner of the brand, has a special team that works with international police organizations. Last year there were 6,000 raids by police, resulting in the arrest of nearly 1,000 counterfeiters (LV, 2005). The LV logo has become an icon in the designer luggage, handbags and accessories market. The words Louis Vuitton are the code for describing an internationally recognized and exclusive fashion empire. LVMH Moet Hennessyââ¬â¢s target market is aimed at women aged between 18-35 who have a love of fine design, and the taste for tradition and luxury. Louis Vuitton has maintained its lead in fashion through clever advertising in magazines like ââ¬Å"Vogueâ⬠with print ads that focus on LV logo products as chic. In recent years the company has expanded is product line into ready-to-wear, shoes, watches and jewelry. Since 1998, Marc Jacobs has provided the artistic direction to develop and market these new collections. Tapping actress/singer Jennifer Lopez as a model was another key move in skewing younger and getting some zest in print ads. Clearly LVMH Moet Hennessyââ¬â¢s market strategy is its high-quality and high-priced image which is promoted via elaborate packaging, exclusive distribution, and status symbol advertising. This ability to differentiate themselves from the crowded designer marketing place is why they continue to be highly successful and have significantly extended the product life cycle. Relationship/Reference to the Text Our text discusses the product life cycle and how companies must position and differentiate their market offerings throughout the cycle. Youngme Moon points out ââ¬Å"thereââ¬â¢s nothing inevitable about the product life cycle. Marketers are disrupting it by rede... ...o find ways to train the next generation of consumers (2005). Branding is 100% human emotion and everything else is just dressed up as rationality to give people permission to act on their emotions. Women (or their spouses--like me) are not buying a Louis Vuitton hand bag, they are buying prestige and the ability to demonstrate to others they are different and have achieved a certain level of status. Some will call it the snob factor, others just chic taste. Regardless of your social views of designer products, Louis Vuitton continues to differentiate themselves in the designer market. It constantly looks for ways to extend the product life cycle through innovative new products and advertising strategies to keep the brand highly recognized and coveted. References Kotler, P. (2003). Positioning and Differentiating the Market Offering Through the Product Life Cycle, Marketing Management, pp. 307-343 Moon, Y. (2005). Break Free From the Product Life Cycle Marketplace à à à à à Harvard Business Review, May 2005, pp. 87-94 Vogue (2003) http://www.vogue.com.au Alexandria: FPC Living Louis Vuitton Magazine Online (2005). http://www.vuitton.com/
Friday, August 2, 2019
Positive and negative effects of legalizing drugs on the United States economy
The perennial problem of drug abuse has always been a controversial one since questions arise whether a sovereign entity is justified in attempting to curtail personal choice in the question of whether to engage in drugs or not.Opponents of drug use argue that a state has an obligation to protect its people against destruction even though the means to such an end is voluntary since it is generally accepted in accordance to the natural laws that all people have a right to life.Proponents of drug legalization have been quick to point out that human will, cannot be suppressed and it is economically futile to attempt to do so and hence it would be in the states interest to allow those in favor of such a course to indulge without interference. However, there are several moral, health and religious factors that have hindered those in power to actually consider legalizing illegal drug use since such recourse would raise fundamental ethical issues regarding their leadership as directed by th e constitution.Reasons for legalizing drug useThere are several reasons that have led some to clamor for the legalization of drug use. Firstly there are those who feel that the question of drug use is essentially related to personal freedom and that essentially competent adults should be left to decide for themselves if they wanted to engage in self destruction or not. It is not surprising then that some have argued that by the very nature of the state restricting drug use and in addition prosecuting users, the state is contravening the very constitution created to be its guide.Secondly, the United Sates uses a lot of tax payerââ¬â¢s money in their fight against drug use. Enforcement agencies are forced to recruit more personnel in their mandate to find drug traffickers and drug users. These law enforcers need to be remunerated when in active service and in addition are entitled to several benefits during their active service and in their retirement.This tends to make the federal and state government to divert huge funds towards operations of these enforcers and in the wages of their personnel. This in turn leads to shortages in funds which could have been channeled to other development agendas.The economical cost of combatingà drug abuse does not end with the police but goes on to necessitate more expenses to be provided for the prosecution of these individuals and also to cater for those charged with the duty of deciding the fate of these supposedly law breakers.As drug consumption increases it leads to a need to hire more prosecution personnel and to avoid a backlog of cases more magistrates are hired to listen and pass sentences. This increases a burden to the tax payers and questions arise as to whether people should essentially pay for the negative choices of competent individuals. Furthermore, most people in American correctional facilities have been put there for drug related offences.The cost of maintaining a prisoner is quite high and it is the refore economically realistic to legalize drugs as a way of reducing expenses and therefore use it as a tool of lessening the budget deficits and to provide more funds to important sectors in the economy (Goode, 97-150).The fight against drug abuse has put America at a collision course with several countries perceived to be supplying drugs to the United Sates. Legalizing drugs would end this hostility improving bilateral relations with those countries and expanding markets for American products and allow investors to work easily in those countries (Friedman, 2009).In addition legalizing drugs would allow for the investment of several billions of drug money in other businesses to help expand the economy, provide employment and reduce other crimes.
Thursday, August 1, 2019
Job rotation in the Philippines Essay
The research investigates the employment transition of new graduates from HEIââ¬â¢s of Batangas. The employment success of graduates was measured in terms of the companiesââ¬â¢ reasons for hiring and skills that the new graduate applicants supposed to possess so they will fit for employment. The researcher used the contributions of 12 Higher Education Institutions (HEIs) of Batangas. Data were obtained from 106 human resource officers and unit heads from 61 business establishments in the cities of Lipa, Tanauan and Batangas. This study focuses on the employment transitions of new graduates to the labor market. What do we already know about the immediate area of concern? It was perceived that universities where students graduated from greatly influenced their employment success. The institution that established a reputation in terms of high quality of education is often believed to produce students that will most likely get hired than other students with unpopular schools. Also, the behavior of the applicant as a student is shown from school rankings. Good grades are important because employers may think it has an effect on the future work performances of anà employee. The human resource department gives examinations with questions about general information or questions related to the vacant positions to be filled up in order to measure the knowledge and characteristics of an applicant that could lead them toward employment success. Applicants were interviewed for clarifications of information or for recovering pertinent data about their applications that could help the hiring officers on their employment decisions. (Whatââ¬â¢s more important than the other? What gives more impact in the hiring process? Is having good grades or graduating from a popular university affects hiring status more that the exams or interviews an applicant has to go through before getting hired?) What are the characteristics of the key concepts and variables? Credentials. The labor market is consistent with asking for formal credentials as a requirement for the new graduate applicants. However, according to this research, results of the formulated questionnaires show that it is not an indicator of employment success. Credentials is just a mere requirement but not used as a tool for hiring and selection process. It is important to be presented and the applicant may have good academic performance but the information it contained, according to the respondents are yet to be verified if it reflects the employeeââ¬â¢s future working performances. Higher Education Institutions or (HEI) Reputation. An institution that maintains a good reputation in terms of giving quality education produce students that has higher chance of getting employment success as the result of this research suggest and answers were given by the respondents from different labor market Human Resources officers or representatives. The research also proves that some companies are bias in hiring the graduates of a certain institution if there is an available position. This suggests that graduates from other HEIââ¬â¢s have a lower chance of getting hired. Higher Education Institutions or (HEI) Quality Assurance and Accreditation. The good reputation established by an HEI is also assisted by the quality assurance and accreditation examined and verified by external firms which may be local or international. Although reputation suggests a higher consistency as confirmed by the labor market of Batangas, it is certain that efforts in accreditation should be implemented by the HEIââ¬â¢s because it helps them a ttain a distinct reputation which will give their graduates equal chance onà getting hired. Employee Selection Process. Efforts on assessing job relevant characteristics were instigated by the HRââ¬â¢s during the hiring and selection process. They make use of tools such as examinations and interviews to further assess the applicantsââ¬â¢ knowledge, capabilities and characteristics to get employed or be selected for a certain job position. According to the research, the labor market is highly consistent with selecting employees with desirable personality as suggests by the result in interviews implemented. Employment Success or Selection for a certain Job Position. The employment success doesnââ¬â¢t prove the new graduate applicantsââ¬â¢ satisfaction with their entry in the labor market. They may be hired but some of the new graduates complain about their underemployment. According to the research, employers use tools such as examination and interviews as well as look upon the reputation of the schools in terms of accreditation to hire new employees. However, in the selection process the employers would most likely designate the employees to their job positions by using their credentials. What are the relationship between key variables, concepts and factors? The research aims to investigate the employment transitions by measuring the employment success, failure to get employed and underemployment based on the procedures or tools used by employers. The study shows that to attain possible employment success, a new graduate should be from a school with good reputation in terms of quality assurance. Another important factor is to pass the exam and interviews given by the HR or hiring officers. Credentials also played an important role although it needs t be verified and it may not be an indicator of employment success but employers used to designate employees to job positions. What are the existing theories, inconsistencies, shortcomings in our knowledge and understanding? The researcher used the social structure theories of middle range: the screening, credentialism and status construction theory. The over emphasis on credentials is not of great importance in employment success as emphasized on the study but it canââ¬â¢t be prematurely concluded since the local where the study is conducted is only limited in Batangas. How about the business districts in Manila (eg: Makati)? Some graduates of the HEIââ¬â¢s in Batangas may apply in Manila orà other business districts. Some applicants of companies in Batangas may have been graduated from schools in Manila or other places. What evidence is lacking, inconclusive, contradictory or limited? The quality of education is only measured using two factors: the reputation and accreditation. The research is not able to provide the evidence regarding the career landing of the new graduates from specific HEI that will prove the discrimination or the bias in hiring. The study did not focus on the employment success but also looks upon the failure to get hired and the underemployment, which were both lacking evidences. Why do we need to study the research problem? Literature provided by the researcher shows that although it was said that there is a shortage of employees in terms of job vacancies in the business industries and lack of competitiveness of the employees, ironically, there is a complain on being under employed. Also, literature regarding employee transition is deficient with empirical evidences. What contribution can the present study are expected to make? The study will help the education investors such as the parents or guardians of the students realize the importance of assessing institutions that will give them appropriate returns in the future. This research will also help the government sector in charge with the control and improvement of education industry make modification and enhancements with regards of quality assurance that would give graduates of different HEIââ¬â¢s equally opportunities in getting hired. What research method seems unsatisfactory? The research gave questionnaires with only 106 out of 200 were retrieved and completed. It is not stated whether the questionnaire floated has 1:1 ration with the companies in Batangas. The employees of the same company could answer the questionnaire, and if there were a difference in their answers, how would it reflect the hiring and selection process of the company as a whole?
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