Cause and Effect of the Dread's Scott Decision Research Paper

Cause and Effect of the Dread's Scott Decision - Research Paper Example Set against the economic, social and political background of the mid-19th century, the decision was a landmark for initiating the struggle which ended in the abolition of slavery, the end of industries which relied on black labor, and the era of political struggles which aimed to put the black man at equal terms with white American citizens in the spirit of â€Å"equality, liberty and brotherhood† in the motto of the French Revolution, â€Å"Libertà ©, Égalità ©, Fraternità ©.† According to David Potter, â€Å"The main explanation for the origins of the American Civil War is slavery, especially Southern anger at the attempts by Northern antislavery political forces to block the expansion of slavery into the western territories. States rights and the tariff issue became entangled in the slavery issue and were intensified by it (42). It pitted the southern states who came earlier from early Spanish colonizers who advocated slavery and the settlers from Europe in t he northern states exemplified by the Quakers, who were against it. As the discovery and use of new technology gave rise to the Industrial Revolution of the 18th to the 19th century, major changes in agriculture, manufacturing, mining, and transportation impacted on the socio-economic and cultural conditions of the times. It began in Europe, spread to North America, and the world. Its influence left an indelible mark in human history; most notably, in average income and population which exhibited unprecedented sustained growth. In the two centuries following 1800, the average of the world per capita income increased over 10-fold, while the population of the world increased over 6-fold (Madison 257). During this period America was transformed from a primitive agricultural economy to the foremost industrial power in the world, contributing to more than a third of the global industrial  output.

Coursework Example | Topics and Well Written Essays - 500 words - 5

Coursework Example Illustration 1 above shows a Heron’s Fountain schematic drawing. Three major parts of the Heron’s fountain facilitate the functioning of the fountain. In the schematic diagram, there are three components referred as Basins A to C. Joining the basins together are vessels that allow air and fluid pressure to be transferred through. The connection of the parts as shown in illustration 1 show that the apparatus should make use of supporting mechanism in order to hold each component or part to the respective position. With respect to Basin B, the top of the component should be sealed off and then water is poured into the basin. Basin C is left empty and connection hose is hooked to join the two basins/vessels as illustrated in the figure above (illustration 1). Additionally, Basin A is placed above Basin B and a joining hose to Basin B is fitted connecting the two. Basin A and Basin C are connected as well using another hose as shown in the figure above. When water is poured into Basin A, it flows through the hose connecting Basin A with Basin C and collects in Basin C. When the water flows into C, air in C is replaced and hydrostatic pressure results (P2=rho gh2) adding to the primary atmospheric pressure (Patm) of C’s air volume. Following the flow of air from C as result of the Pascal’s principle and forces the water in vessel or Basin B to move up the hose connecting B with A. There is action and reaction between pressure exerted by the air and the primary atmospheric pressure leading to hydrostatic pressure (P1 = rho gh1). Air in basin B and C is compressed and drives the water to shoot from the upper basin thus resulting in a continuous movement of water to run the fountain (Brown, 2010). Heron’s Fountain considered various principles and concepts of physics. Among the most applicable are Pascal’s and Bernoulli’s principles. While Pascal’s principle explains the pressure changes as a

The Manager as a Planner and Strategist Essay Example for Free

The Manager as a Planner and Strategist Essay The Nature of the Planning Process: Planning is a process that managers use to identify and select appropriate goals and courses of action for an organization. The cluster of decisions and actions that managers take to help an organization attain its goals is its strategy. Thus, planning is both a goal-making and a strategy-making process. Planning is a three-step activity: 1)Determining the organization’s mission and goals: A mission statement is a broad declaration of an organization’s purpose that identifies the organization’s products and customers and distinguishes the organization from its competitors. 2)Formulating Strategy: Managers analyze the organization’s current situation and then convince and develop the strategies necessary to attain the organization’s mission and goals. 3)Implementing Strategy: Managers decide how to allocate the resources and responsibilities required to implement the strategies between people and groups within the organization. Levels of Planning: In large organizations planning takes place at three levels of management: Corporate Level, Business or Division Level, and Department or Functional Level. The Corporate-level plan contains top management’s decisions pertaining to the organization’s mission and goals, overall strategy, and structure. Corporate-level strategy indicates in which industries and national markets an organization intends to compete. The corporate-level plan provides the framework within which divisional managers create their business-level plans. A division is a business unit that has its own set of managers and functions or departments and competes in a distinct industry. Divisional managers are those who control the various divisions of an organization. At the business level, the managers of each division create a Business-level plan that details long-term goals that will allow the division to meet corporate goals and the division’s business-level strategy and structure. Business-level strategy states the methods a division or business intends to use to compete against its rivals in an industry. The business-level plan provides the framework within which functional managers devise their plans. A Function is a unit or department in which people have the same skills or use the same resources to perform their jobs. Functional managers are those who supervise the various functions such as manufacturing, accounting, and sales within a division. A Functional-level plan states the goals that functional managers propose to pursue to help the division attain its business-level goals, which, in turn, allow the organization to achieve its corporate goals. Functional-level strategy sets forth the actions that managers intend to take at the level of departments to allow the organization to attain its goals. An important issue in planning is ensuring consistency in planning across the three different levels. Functional goals and strategies should be consistent with divisional goals and strategies, which in turn should be consistent with corporate goals and strategies, and vice versa. Once complete, each function’s plan is normally linked to its division’s business-level plan, which, in turn, is linked to the corporate plan. Who Plans? In general, corporate-level planning is the primary responsibility of top managers. Corporate-level managers are responsible for approving business and functional-level plans to ensure that they are consistent with the corporate plan. Corporate planning decisions are not made in a vacuum. Other managers do have input to corporate-level planning. Even though corporate-level planning is the responsibility of top managers, lower-level managers can and usually are given the opportunity to become involved in the process. At the business level, planning is the responsibility of divisional managers, who also review functional plans. Functional managers also participate in business-level planning. Similarly, although the functional managers bear primary responsibility for functional-level planning, they can and do involve their subordinates in this process. Time Horizons of Plans: Plans differ in their time horizons, or intended durations. Managers usually distinguish among long-term plans, with a horizon of five years or more; intermediate-term plans, with a horizon between one and five years; and short-term plans, with a horizon of one year or less. Typically, corporate- and business-level goals and strategies require long and intermediate-term plans, and functional-level goals and strategies require intermediate and short term plans. Most organizations have an annual planning cycle, which usually linked to the annual financial budget. Although a corporate- or business-level plan may extend over five years or more, it is typically treated as a rolling plan, a plan that is updated and amended every year to take account of changing conditions in the external environment. Rolling plans allow managers to make midcourse corrections if environmental changes warrant or to change the thrust of the plan altogether if it no longer seems appropriate. Standing Plans and Single-Use Plans: Managers create standing and single-use plans to help achieve an organization’s specific goals. Standing plans are used in situations in which programmed decision making is appropriate. When the same situations occur repeatedly, managers develop policies (a general guide to action), rules (a formal, written guide to action), and standard operating procedures (SOP a written instruction describing the exact series of actions that should be followed in a specific situation) to control the way employees perform tasks. Single-use plans are developed to handle nonprogrammed decision making in unusual or one-of-a-kind situations. It includes Programs, which are integrated sets of plans for achieving certain goals, and Projects, which are specific action plans created to complete various aspects of a program. Why Planning is Important? Planning determines where an organization is at the present time and decides where it should be in the future and how to move it forward. When mangers plan, they must consider the future and forecast what may happen in order to take actions in the present and mobilize organizational resources to deal with future opportunities and threats. However, the external environment is uncertain and complex, and managers typically must deal with incomplete information and bounded rationality. Almost all managers engage in planning. The absence of a plan often results in hesitations, false steps, and mistaken changes of direction that can hurt an organization. Planning is important for four main reasons: 1)Planning is a useful way of getting managers to participate in decision making about the appropriate goals and strategies for an organization. 2)Planning is necessary to give the organization a sense of direction and purpose. A plan states what goals an organization is trying to achieve and what strategies it intends to use to achieve them. 3)A plan helps coordinate managers of the different functions and divisions of an organization to ensure that they all pull in the same direction. 4)A plan can be used as a device for controlling managers within an organization. A good plan specifies not only which goals and strategies the organization is committed to but also who is responsible for putting the strategies into action to attain the goals. Henri Fayol said that effective plans should have four qualities: Unity: Means that at any one time only one central, guiding plan is put into operation to achieve an organizational goal. Continuity: Means that planning is an ongoing process in which managers build and refine previous plans and continually modify plans at all levels so that they fit together into one broad framework. Accuracy: Means that managers need to make every attempt to collect and utilize all available information at their disposal in the planning process. Flexibility: Means that plans can be altered and changed if the situation changes. Scenario Planning: One way in which managers can try to create plans that have the four qualities described by Fayol is by utilizing scenario planning (Contingency planning), which is the generation of multiple forecasts of future conditions followed by an analysis of how to respond effectively to each of those conditions. Planning is about trying to forecast and predict the future in order to be able to anticipate future opportunities and threats. Because the future is unpredictable, the only reasonable approach to planning is first to generate scenarios of the future based of different assumptions about conditions that might prevail in the future and then to develop different plans that detail what a company should do in the event that one of these scenarios actually occurs. The great strength of scenario planning is its ability not only to anticipate the challenges of an uncertain future but also to educate managers to think about the future – to think strategically. Determining the Organization’s Mission and Goals: Determining the organization’s mission and goals is the first step of the planning process. Once the mission and goals are agreed upon and formally stated in the corporate plan, they guide the next steps by defining which strategies are appropriate and which are inappropriate. Defining the Business: To determine an organization’s mission, managers must first define its business so that they can identify what kind of value they will provide to customers. To define the business, managers must ask three questions: (1) Who are our customers? (2) What customer needs are being satisfied? (3) How are we satisfying customer needs? Answering these questions helps managers to identify not only the customer needs they are satisfying now but the needs they should try to satisfy in the future and who their true competitors are. All of this information helps managers plan and establish appropriate goals. Establishing Major Goals: Once the business is defined, managers must establish a set of primary goals to which the organization is committed. Developing these goals gives the organization a sense of direction or purpose. In most organizations, articulating major goals is the job of the CEO, although other managers have input into the process. The best statements of organizational goals are ambitious – that is, they stretch the organization and require the managers improve its performance capabilities. Although goals should be challenging, they should also be realistic. Challenging goals give managers an incentive to look for ways to improve an organization’s operation, but a goal that is unrealistic and impossible to attain may prompt managers to give up. The time period in which a goal is expected to be achieved should be stated. Time constraints are important because they emphasize that a goal must be attained within a reasonable period. Formulating Strategy: In strategy formulation managers analyze an organization’s current situation and then develop strategies to accomplish its mission and achieve its goals. Strategy formulation begins with managers’ analyzing the factors within an organization and outside, that affect the organization’s ability to meet its goals now and in the future. SWOT analysis and the five forces model are two techniques managers use to analyze these factors. SWOT Analysis: SWOT analysis is a planning exercise in which managers identify organizational Strengths, Weaknesses, environmental Opportunities, and Threats. Based on a SWOT analysis, managers at the different levels of the organization select the corporate-, business-, and functional-level strategies to best position the organization to achieve its mission and goals. The first step in SWOT analysis is to identify an organization’s strengths and weaknesses. The task facing managers is to identify the strengths and weaknesses that characterize the present state of their organization. The second step begins when managers embark on a full-scale SWOT planning exercise to identify potential opportunities and threats in the environment that affect the organization at the present or may affect it in the future. With the SWOT analysis completed, and strengths, weaknesses, opportunities, and threats identified, managers can begin the planning process and determine strategies for achieving the organization’s mission and goals. The resulting strategies should enable the organization to attain its goals by taking advantage of opportunities, countering threats, building strengths, and correcting organizational weaknesses. The Five Forces Model: Michel Porter’s five forces model: A well-known model that helps managers isolate particular forces in the external environment that are potential threats. Porter identified these five factors that are major threats because they affect how much profit organizations competing within the same industry can expect to make. 1)The level of rivalry among organizations in an industry: The more that companies compete against one another for customers, the lower is the level of industry profits. 2)The potential for entry into an industry: The easier it is for companies to enter an industry, the more likely it is for industry prices and therefore industry profits to be low. 3)The power of suppliers: If there are only a few suppliers of an important input, then suppliers can drive up the price of that input, and expensive inputs result in lower profits for the producer. 4)The power of customers: If only a few large customers are available to buy an industry’s output, they can bargain to drive down the price of that output. As a result, producers make lower profits. 5)The threat of substitute products: Often, the output of one industry is a substitute for the output of another industry. Companies that produce a product with a known substitute cannot demand high prices for their products, and this constraint keeps their profits low. Porter argued that when managers analyze opportunities and threats they should pay particular attention to these five forces because they are the major threats that an organization will encounter. It is the job of managers at corporate, business, and functional levels to formulate strategies to counter these threats so that an organization can respond to its task and general environments, perform at high level, and generate high profits. Formulating Corporate-Level Strategies: Corporate-level strategy is a plan of action concerning which industries and countries an organization should invest its resources in to achieve its mission and goals. Managers of most organizations have the goal of growing their companies and actively seek out new opportunities to use the organization’s resources to create more goods and services for customers. In addition, some managers must help their organizations respond to threats due to changing forces in the task or general environment. (Ex. Customers may no longer buy some kinds of goods or services, or other companies enter the market and attract away customers). Top managers aim to find the best strategies to help the organization respond to these changes and improve performance. The principal corporate-level strategies that managers use to help a company grow, to keep it on top of its industry, and to help it retrench and reorganize to stop its decline are: Concentration on a Single Business, Diversification, International Expansion and Vertical Integration. An organization benefits from pursuing any one of them only when the strategy helps further increase the value of the organization’s goods and services for customers. To increase the value of goods and services, a corporate-level strategy must help an organization differentiate and add value to its products either by making them unique or special or by lowering the costs of value creation. 1)Concentration on a Single Business: Most organizations begin their growth and development with a corporate-level strategy aimed at concentrating resources in one business or industry in order to develop a strong competitive position within the industry. Sometimes, concentration on a single business becomes an appropriate corporate-level strategy when managers see the need to reduce the size of their organizations to increase performance. Managers may decide to get out of certain industries. Managers may sell off those divisions, lay off workers, and concentrate remaining organizational resources in another market or business to try to improve performance. In contrast, when organizations are performing effectively, they often decide to enter new industries in which they can use their resources to create more value. 2)Diversification: Diversification is the strategy of expanding operations into a new business or industry and producing new goods or services. There are two main kinds of diversification: Related and Unrelated. Related Diversification: Is the strategy of entering a new business or industry to create a competitive advantage in one or more of an organization’s existing divisions or businesses. It can add value to an organization’s products if managers can find ways for its various divisions or business units to share their valuable skills or resources so that synergy is created. Synergy is obtained when the value created by two divisions cooperating is greater than the value that would be created if the two divisions operated separately. In this way, related diversification can be a major source of cost savings. In pursuing related diversification, managers often seek to find new businesses where they can use the existing skills and resources in their departments to create synergies, add value to the new business, and hence improve the competitive position of the company. Unrelated Diversification: Managers pursue unrelated diversification when they enter new industries or buy companies in new industries that are not related in any way to their current business or industries. Main reasons for pursuing unrelated diversification: †¢Buy a poorly performing company, transfers to it their management skills, turn around its business, and increase its performance, all of which creates value. †¢Purchasing businesses in different industries lets managers engage in portfolio strategy, which is apportioning financial resources among divisions to increase financial returns or spread risks among different businesses. Sometimes, too much diversification can cause mangers to lose control on their organization’s core business. Although unrelated diversification might initially create value for a company, mangers sometimes use portfolio strategy to expand the scope of their organization’s business too much. And so, it becomes difficult for top managers to be knowledgeable about all of the organization’s diverse business. Unable to handle so much information, top managers are overwhelmed and eventually make important resource allocation decisions on the basis of only a superficial analysis of the competitive position of each division. This usually results in value being lost rather than created. 3)International Expansion: Corporate-level managers must decide on the appropriate way to compete internationally. If managers decide that their organization should sell the same standardized product in each national market in which it competes, and use the same basic marketing approach, they adopt a Global Strategy. Such companies undertake very little, if any, customization to suit the specific needs of customers in different countries. But if managers decide to customize products and marketing strategies to specific national conditions, they adopt a Multidomestic Strategy. The major advantage of a global strategy is the significant cost savings associated with not having to customize products and marketing approaches to different national conditions. The major disadvantage is that, by ignoring national differences, managers may leave themselves vulnerable to local competitors that do differentiate their products to suit local tastes. The major advantage of a Multidomestic strategy is that by customizing product offerings and marketing approaches to local conditions, managers may be able to gain market share or charge higher prices for their products. The major disadvantage is that customization raises production costs and puts the Multidomestic company at a price disadvantage because it often has to charge prices higher than the prices charged by competitors pursuing a global strategy. Choosing a Way to Expand Internationally: A more competitive global environment has proved to be both an opportunity and a threat for organizations and managers. The opportunity is that organizations that expand globally are able to open new markets, reach more customers, and gain access to new sources of raw materials and to low-cost suppliers of inputs. The threat is that organizations are likely to encounter new competitors in the foreign countries they enter and must respond to new political, economic, and cultural conditions. Before setting up foreign operations, managers need to analyze the forces in the environment of a particular country in order to choose the right method to expand and respond to those forces in the most appropriate way. There are four basic ways to operate in the global environment: a)Importing and Exporting: The least complex global operations are exporting and importing. A company engaged in exporting makes products at home and sells them abroad. An organization might sell its own products abroad or allow a local organization in the foreign country to distribute its products. Few risks are associated with exporting because a company does not have to invest in developing manufacturing facilities abroad. A company engaged in importing sells at home products that are made abroad. The internet has made it much easier for companies to inform potential foreign buyers about their products. b)Licensing And Franchising: In licensing, a company allows a foreign organization to take charge of both manufacturing and distributing one or more of its products in the licensee’s country or world region in return for a negotiable fee (Pursued by manufacturing company). The advantage is that the licenser does not have to bear the development costs associated with opening up in a foreign country. The risks associated with this strategy are that the company granting the license has to give its foreign partner access to its technological know-how. In franchising, a company sells to a foreign organization the rights to use its brand name and operating know-how in return for a lump-sum payment and share of the profits. The advantage is that the franchiser does not have to bear the development costs of overseas expansion. The downside is that the organization that grants the franchise may lose control over the way in which the franchise operates and product quality may fall. c)Strategic Alliances: One way to overcome the loss-of-control problems associated with exporting, licensing, and franchising is to expand globally by means of a strategic alliance. In a strategic alliance, managers pool or share their organization’s resources and know-how with those of a foreign company, and the two organizations share the rewards and risks of starting a new venture in a foreign country. A strategic alliance can take the form of a written contract between two or more companies to exchange resources, or it can result in the creation of a new organization. A joint venture is a strategic alliance among two or more companies that agree to jointly establish and share the ownership of a new business. d)Wholly Owned Foreign Subsidiaries: Managers invest in establishing production operations in a foreign country independent of any local direct involvement. Operating alone, without any direct involvement from foreign companies, an organization receives all of the rewards and bears all of the risks associated with operating abroad. This method is much more expensive than the others because it requires a higher level of foreign investment. Advantages: Higher potential returns, reduces the level of risk since managers have full control over all aspects, protect their technology and know-how†¦ 4)Vertical Integration: When an organization is doing well in its business, managers often see new opportunities to create value by either producing their own inputs or distributing their own outputs. Vertical Integration is the corporate-level strategy through which an organization produces its own inputs (backward vertical integration) or distributes and sells its own outputs (forward vertical integration). A major reason why managers pursue vertical integration is that it allows them either to add value to their products by making them special or to lower the costs of value creation. Vertical integration can be a problem when forces in the environment counter the strategies of the organization and make it necessary for managers to reorganize or retrench. Vertical integration can reduce an organization’s flexibility to respond to changing environmental conditions. Formulating Business-Level Strategies: According to Porter, managers must choose between the two basic ways of increasing the value of an organization’s products: Differentiating the product to add value or lowering the costs of value creation. He also argues that managers must choose between serving the whole market or serving just one segment of the market. Based on those choices, managers choose to pursue one of four business-level strategies: 1)Low-Cost Strategy: With a low-cost strategy, managers try to gain a competitive advantage by focusing the energy of all the organization’s departments or functions on driving the organization’s costs down below the costs of its rivals. According to Porter, organizations pursuing a low-cost strategy can sell a product for less than their rivals sell it and yet still make a profit because of their lower costs. Thus, these organizations hope to enjoy competitive advantage based on their low prices. 2)Differentiation Strategy: With a differentiation strategy, managers try to gain a competitive advantage by focusing all the energies of the organization’s departments or functions on distinguishing the organization’s products from those of competitors on one or more important dimensions, such as product design, quality, or after-sales service and support. Often, the process of making products unique and different is expensive. Organizations that successfully pursue a differentiation strategy may be able to charge a premium price for their products, a price usually much higher than the price charged by a low-cost organization. The premium price allows them to recoup their higher cost. 3)Focused Low-Cost Strategy: Managers pursuing a focused low-cost strategy serve one or a few segments of the overall market and aim to make their organization the lowest-cost company serving that segment. 4)Focused-Differentiation Strategy: Managers pursuing a focused differentiated strategy serve just one or a few segments of the market and aim to make their organization the most differentiated company serving that segment. Formulating Functional-Level Strategies: Functional-level strategy is a plan of action to improve the ability of an organization’s functions to create value. It is concerned with the actions that managers of individual functions can take to add value to an organization’s goods and services and thereby increase the value customers receive. The price that customers are prepared to pay for a product indicates how much they value an organization’s products. The more customers value a product, the more they are willing to pay for it. There are two ways in which functions can add value to an organization’s products: 1)Functional managers can lower the costs of creating value so that an organization can attract customers by keeping its prices lower than its competitors’ prices. 2)Functional managers can add value to a product by finding ways to differentiate it from the products of other companies. There must be a fit between functional- and business-level strategies if an organization is to achieve its mission and goal of maximizing the amount of value it gives customers. The better the fit between functional- and business-level strategies, the greater will be the organization’s competitive advantage and its ability to attract customers and the revenue they provide. Each organizational function has an important role to play in the process of lowering costs or adding value to a product. Creating value at the functional level requires the adoption of many state-of-the-art management techniques and practices. All of these techniques can help an organization achieve a competitive advantage by lowering the costs of creating value or by adding value above and beyond that offered by rivals. Planning and Implementing Strategy: After identifying appropriate strategies to attain an organization’s mission and goals, managers confront the challenge of putting those strategies into action. Strategy implementation is a five-step process: 1)Allocating responsibility for implementation to the appropriate individuals or groups. 2)Drafting detailed action plans that specify how a strategy is to be implemented. 3)Establishing a timetable for implementation that includes precise, measurable goals linked to the attainment of the action plan. 4)Allocating appropriate resources to the responsible individuals or groups. 5)Holding specific individuals or groups responsible for the attainment of corporate, divisional, and functional goals. The planning process goes beyond the mere identification of strategies; it also includes actions taken to ensure that the organization actually puts its strategies into action. It should be noted that the plan for implementing a strategy might require radical redesign of the structure of the organization, the development of new control systems, and the adoption of a program for changing the culture of the organization.

Ownership of Land Memo Example

Ownership of Land Memo Example MEMO From:  Jessica Smith To:  Mary Rhodes Re:  The Daniels Family Planning Permission The case of Price Ors v Leeds City Council [2005] EWCA Civ 289 is distinguishable from the situation of our clients on the basis that in that case it was not disputed that the local authority had title to the occupied land whereas here the Daniels are the owners of the land having purchased it from Norman Guild. However, Price remains significant in that it raises the issue of the operation of Article 8 of the European Convention on Human Rights which enshrines the right to the respect for everyone’s â€Å"private and family life, his home and correspondence† and provides that: â€Å"(2) There shall be no interference by a public authority with the exercise of this right, except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country†¦..or for the protection of the rights and freedoms of others.† While the issue here is not the same as in Price where Article 8 was being raised as a potential defence to a claim for possession which was undeniable on other grounds since the gypsies had not been granted a licence or any other right to occupy, it may be argued that the requirement that the Daniels vacate or be served with an Enforcement Notice restraining their use of the land for residential purposes is a similar infringement of Article 8. Mid-Bedfordshire DC v Thomas Brown Ors [2004] EWCA Civ 1709 turned upon the question of the appropriateness of suspending an injunction requiring land to be vacated for so long as would allow practical compliance but not until determination of a planning application. However, it is of assistance in that it applies the principles established by the House of Lords in South Bucks DC v Porter [2003] 2 AC 558 followed and applied by two decisions of the Court of Appeal in Davis Ors v Tonbridge Malling DC [2004] EWCA Civ 194 and Coates Ors v South Bucks DC [2004] EWCA Civ 1378 and details the competing interests and discretionary principles which a court in deciding whether to grant such an injunction should weigh: the practical problems of enforcement facing the court if an injunction is breached, the council’s position on the planning merits, the possibility that the council might come to a different planning judgment, the planning history of the site, the degree of flagrancy of the breach of planning controls, the availability of suitable alternative sites, the right granted by Article 8 and, of particular significance in this case, humanitarian considerations of health, safety and education in particular, those adversely affecting any children involved. In the light of these criteria, our clients are assisted here by the special needs of Charlene and the health of Michael and Jane particularly in view of the fact that the restricted availability of suitable alternative accommodation will lead to a fragmentation of the family unit with adverse implications for the care of the elderly couple. On these principles it is possible to recommend that our clients obtain an injunction suspending any attempt to remove them pending determination of a planning application by them. The principles to be applied in determining such a planning application are set forth in South Cambridgeshire DC v First Secretary of State McCarthy Ors (2004). In the first instance the planning inspector will be required by s.54A of the Town and Country Planning Act 1990 to weight the relevant material considerations against the relevant local development plan and policies. In R (on the application of Evans) v First Secretary of State Anor [2005] EWHC 149. Here Newman J held that as a matter of principle where an application for planning permission was made in respect of greenbelt land (where residential development would ordinarily be presumed against) gypsy status alone could not be determinative of any case. Therefore, our client’s case will have to be considered on its individual merits with the presumption against greenbelt development being weighed against the rights bestowed by Article 8 and a consideration of the availability of alternative accommodation. Given the strength of our clients’ Article 8 rights, the issue of alternative accommodation is likely to be critical. In Robert Simmons v (1) First Secretary of State (2) Sevenoaks DC [2005] EWHC 287 it was common ground that the development of a gypsy site in a greenbelt area was inappropriate. It was held that for such development to be allowed â€Å"very special circumstances† were required to justify it. In that case, the planning inspector allowed a defence to the Enforcement Notice on the basis of a lack of alternative sites. This was challenged by the Secretary of State who was criticised by Newman J for basing his decision upon a lack of evidence of searches for alternatives by the applicant. Thus in the case of our clients there will have to be â€Å"clear evidence† from empirical sources available to the local authority of a lack of alternatives. We should be encouraged by the concession that there is currently only one space available on local authori ty sites in the area but it must be acknowledged that this fact alone will not be conclusive of a complete lack of reasonable alternatives. Our clients’ case is weakened by the fact that residential care or bed and breakfast accommodation is available for Michael and Jane. In Leanne Codona v Mid-Bedfordshire DC [2004] EWCA Civ 925, it was held that a local authority might escape violation of Article 8 by offering bed and breakfast accommodation provided that this was of reasonable quality and duration. If, in addition, the site available to Henry and Sandra allows Charlene to continue to attend William de Ferrers school, the local authority may succeed in refusing planning consent to our clients without violating their Article 8 rights or the other principles governing the grant of permission to gypsies for development on greenbelt land. School Exclusion Assuming that the school from which Dean has been excluded was a maintained school, the School Standards and Framework Act 1998 will apply. Section 64 of the Act allows the head teacher to exclude a pupil for one or more fixed periods up to a maximum of 45 days in any one school year. There is therefore nothing objectionable in principle to an exclusion of 5 days. Since the exclusion does not exceed 5 days, the headmaster is not under the duty imposed by s.65(4) to inform the LEA and the governing body of the exclusion and afford the governor’s the opportunity to consider the exclusion under the procedure laid down in s.66 and Schedule 18 of the Act unless by being so excluded Dean has lost the opportunity to take a public exam. However, such exclusion is subject to s.68 of the Act which requires a head teacher to â€Å"have regard to any guidance given from time to time by the Secretary of Stateâ€Å". This guidance is currently contained in DfES Circular 10/99. Dean’s Head Teacher would appear to be in breach of this guidance. His decision to send Dean home â€Å"on the spot† and failure to inform his parents contravenes paragraph 1 of Annex D of the Circular: â€Å"A head teacher who excludes a pupil should make sure the parent is notified immediately, ideally by telephone, and that the telephone call is followed by a letter within one school day. An exclusion should normally begin on the next school day [emphasis supplied].† Paragraph 6.2 of the Circular states that â€Å"exclusion should not be decided in the heat of the moment unless there is an immediate risk to the safety of others in the school or the pupil concerned†. While Dean’s use of violence is sufficiently serious to warrant exclusion, the head teacher has failed to abide by para.6.3 which requires him to consider â€Å"all the relevant facts and firm evidence†. In particular, he is obliged to â€Å"check whether an incident appeared to be provoked by racial or sexual harassment†. Dean’s parents should have been informed of their right to state their case to the Governing Body’s Discipline Committee. Paragraph 7 of Annex D is ambiguous in Dean’s case. It states that â€Å"if the exclusion is fewer than 5 days† the Discipline Committee cannot direct reinstatement but should consider any statement from the parent; reinstatement is available for exclusions of â€Å"more than 5 days in a term†. Nonetheless, our clients should state their case to the Discipline Committee. Even where reinstatement is not available (which given the duration of the exclusion and the fact that Dean will be back at school before the Committee can be expected to meet) they will be enabled to give their views and the Committee (para.11) can consider whether to add information to Dean’s record (para.16). Thus, even though the â€Å"damage has been done† by the exclusion, the full circumstances of the incident can be explored and Dean’ s record corrected accordingly.

Historic Model Of Science :: essays research papers

The ‘heroic model’ of science is one of the most influential phenomena in history. This surge of value-free knowledge, filled with realism, bold justification, absolute truth and complete objectivity, changed the way in which the world was perceived and how the future would be viewed. The ‘heroic model’ changed the rules and ushered western civilization into a new era, filled with wonderfully shocking scientific surprises. The backlash from the ‘heroic model’ was so powerful that it heavily influenced other subjects, such as history.   Ã‚  Ã‚  Ã‚  Ã‚  The ‘heroic model’ of science was a phenomenon of the western world, during the Enlightenment. This wonder aided in transforming scientists, philosophers and others among them into cultural heroes. Science became a part of home life, when in previous times science was seen as a threat to religion and thus proclaimed as wrong. Once science became a part of life and began to prove and bluntly say things that the bible and religion could not come near to explaining, it became the basis for fact. The ‘heroic model’ could easily be blamed for the breakdown of the religious-infested societies that plagued the world.   Ã‚  Ã‚  Ã‚  Ã‚   This became very important to everyone involved, which proved to be more people than expected. The ‘heroic model’ was an opening for scientist and others to express their opinions without the fear of being ostracized and labeled as a blasphemer. These people were no longer look down upon as sinners, against God and religion, yet they were praised for bring truth and secularity to the world. “Facts'; no longer were infested or influenced by religion, the truth was the real truth. “It replaced the fear and anxiety that nature once evoked with hope inspired by an ordered, harmonious, knowable world.';   Ã‚  Ã‚  Ã‚  Ã‚  The ‘heroic model’ boosted science to a level that nothing else had ever reached or attempted to attain. Science, during the Enlightenment and consequently afterwards, was used to measure the status of a country and their position of power. If a country was not as advance as another country was in the sciences then that country was obviously not civilized and was beneath the other country. Such as, the economy might be used to determine the status or worldly position of a country today that is how science was used during the Age of Enlightenment.   Ã‚  Ã‚  Ã‚  Ã‚  The progression of science and the overwhelming success of the ‘heroic model’ not only yanked science to the forefront, but it also influenced and changed the way history was being perceived and studied.

Hanna vs Joe contrasting roles in Agelsin America :: essays papers

Hanna vs Joe contrasting roles in Agelsin America In Tony Kushners to part play, Angels in America, readers are introduced to a closeted gay man, Joe Pitt and are exposed to his relationship with his Mormon mother, Hannah. An underlying conflict occurs when Hannah finds out her son is a homosexual; a problem which forces her to question her love and acceptance towards her son and her strong Mormon anti gay sentiments and beliefs. This conflict between mother and son helps Kushner illustrate the complexity of sexuality and the changing views of homosexuality. The conflict between Joe and Hannah initially arises when Joe tells is mom for the first time that he is gay. Joe's mother is Mormon and Joe himself is born and raised Mormon. The religious prohibits homosexuality and this, Hannah is in shock when Joe tells her what is going on. It is even more shocking due to the fact that Joe is presumably happily married to Harper, also a Mormon. During This discussion with his mother, Joe tries to point the finger at his father who Joe claims didn't love him enough and might have "caused" his homosexuality. Hannah can not seem to deal with the situation and delves into extreme denial. She hangs up the phone thinking the conversation came from Joe just being drunk. Hannah's Mormon background embedded in her strict beliefs about traditional love and marriages and the idea that being gay is unnatural and devilish. This background doesn't allow her to accept Joe's sexuality. It is in this upheaval that Hannah moves from Salt Lake City to New York in hopes to save her son and his dying marriage. Her arrival, However only makes the situation worse. She carries out responsibility as a mother-in-law and takes care of the abandonment and valium-dependant Harper and manages at the same time to dive Joe completely out of the picture. By the second part of the play, Hannah is working at a Mormons visitor center in New York and simultaneously taking care of Harper. Joe meanwhile is beginning his first relationship with a man, Louis. Both Joe and Hannah are opening up; Joe living out his homosexual tendencies and Hannah being exposed to absurd circumstances such as the meeting of prior. Prior in many ways becomes Hannah's first real recognition of homosexuality. Prior, who is surviving with A. I. D. S visits the Mormon center, where he falls severely ill and ends up being saved by Hannah.

Parents in Islam Essay

All the praise and glory belongs to Allah swt who is the Sustainer and Cherisher of the worlds. The closest meaning of the word ‘Rab’ is sustainer and cherisher. Allah swt is ‘Rab’ in the global sense. He is the ‘Rab’ of every living and non-living particle of any size that exists in this whole universe. All the sovereignty of heaven and earth belongs only to Him. Allah swt at various places in the Holy Quran invites, dictates and warns the people of all religions and races to love, respect and to be compassionate with the Parents. He educates the mankind a special sense of dignity, honor and respect to be given to the parents. Undoubtedly He is the ultimate authority and the cherisher but in order to show the importance of the parents He goes on to say in Sura-e-Kahf (17:24) â€Å"Qul rabbir ham huma kama rabbayani saghira†¦Ã¢â‚¬  which means He instructs the mankind to pray for them by calling ‘O my Lord! Have mercy on them (my parents) as they cherished me when I was little’. Here He wants the mankind to understand the magnitude of dignity, honour and respect that parents deserve by calling them as a cherisher even after the fact that He being the ultimate cherisher. He elevated their position to a very high degree by explaining to mankind that the parents share what I do in terms of sustaining and cherishing the children when they are little. Although the word ‘Rab’ used here is in a specific sense and to show the high degree of importance of the parents to the mankind, He is actually commanding mankind to honor and respect their parents exactly in the same manner as one would honor and respect Allah swt himself. This obedience is only in terms of honor & respect and not in terms of prostration and prayers (ibadat). The prayer (ibadat) is only done specific to Allah swt. There are many places in Holy Quran & traditions of Masoomeen (a.s.) that addresses the issue of special honor and respect to be given to the parents and they uphold a special and elevated position in the eyes of Islam. There is an authentic hadith that the Holy Prophet (s.a.w.) said: â€Å"Paradise is under the feet of the mothers!† In another tradition he reinforced:†The pleasure of parents is the pleasure of Allah, and the anger of parents is the anger of Allah.† Amirul Momineen Imam Ali (a.s.) explained: â€Å"Honoring parents is one of the noblest characteristics.† Imam Sadiq (a.s.) explained: â€Å"If a person desires a long life and blessings, he must honor his parents and stay in contact with kin.† Imam Reza (a.s.) said: â€Å"The Almighty Allah commands that thanks be given to Him and to parents. Whoever fails to thank his parents does not thank Allah.† The divine Imams (a.s.) even warned us from misbehavior and disobedience to the parents. The sixth Imam Sadiq (AS) said: â€Å"Disobedience towards the parents is a heinous sin, for Allah has made the disobedient one rebellious and hard.† He also warned, â€Å"The mildest form of ill conduct towards parents is â€Å"uff†, and if Allah knew something lesser than that, He would have forbidden it.† While explaining the verse, â€Å"And lower unto them the wing of submission through mercy† (Al-Quran 17:24), sixth Imam (a.s.) said: â€Å"When you look at them, do not fill your eyes with anything else but mercy and sympathy, and do not raise your voice above their voice, and do not put your hand above theirs, and do not go in front of them!† Commenting upon the ayat, â€Å"And say kind words unto them,† Imam al Sadiq (a.s.) said: â€Å"If they strike you, say to them: May Allah forgive you both.† Thus, it is incumbent on us to abide by the teachings of Holy Quran and to be steadfast & follow the teachings of Ahlu’l-Bayt (a.s.). Disobeying parents is disobeying the verses of Holy Quran & denying the teachings of Masoomeen (a.s.). This is making mockery of Allah’s commands and Allah swt warns those people: â€Å"The warning not to take the communications of Allah for mockery†, Baqarah, 2:231 â€Å"Evil was the end of those who rejected the communications of Allah and mocked at them†, Room 30:10 â€Å"Do not sit with people who mock at the communications of Allah otherwise you will end in Hell with them†, Nisa, 4:140 Thus it is very important to abide by the command of Allah swt that says, ‘Your Lord has commanded that you worship none but Him, and be kind to parents. If either or both of them reach old age with you, do not say ‘uff’ to them or chide them, but speak to them in terms of honor and kindness. Treat them with humility, and say, ‘My Lord! Have mercy on them, for they did care for me when I was little’ (17:23)