Monday, August 24, 2020
Issues in American Electoral System
Issues in American Electoral System John Palenschatâ Most dire outcome imaginable RESEARCH AND REFLECTION PAPER In the same way as other different Americans, the appointment of Donald Trump was one of the most exceedingly awful things I could envision occurring. Indeed, even now, I am confused with regards to why Donald Trump was chosen on the grounds that a dominant part of voters see him horribly (Pew, 2017). So exactly how could he get chose? The purpose of a majority rule political decision is to speak to the desire of voters in picking an official. With such a large number of disappointed with the consequences of the political race, one must think about whether our current constituent framework is satisfying its expressed reason. Might there be a major issue with the manner in which races are held at this point? [G1][G2] I did some examination and have arrived at a few resolutions: in particular, that our present arrangement of First Past the Post reliably prompts races for applicants that are by and large unfavored by most of the populace (Pew, 2016). I accept that the United States should, as a steady change, for the most part embrace positioned decision casting a ballot: so as to lessen vote parting, voter disappointment, and to diminish the pessimism of battling. At this moment, most races in the United States use First Past the Post casting a ballot, which is an arrangement of decisions where an individual voter has just one vote and is permitted to decide in favor of just a single applicant (Aceproject, 2017). This framework has a major imperfection. Individuals may decide in favor of an applicant that they may not really incline toward all together that they don't part the vote for an adversary. In the 2000 Presidential political race, Republican George W. Shrubbery beat Democrat Al Gore by under 600 votes in the unequivocal Florida political decision. Green Party competitor Ralph Nader got more than 100,00 votes in Florida. [G3]While he might not have ruined the political decision, overviews demonstrate that individuals who decided in favor of Nader presumably would have decided in favor of Gore had they known how close the race would be (Jones, 2004). This occasion has had genuine ramifications for the American individuals. For instance, a Gore organization probably won't have attacked Iraq in 2003, which destabilized the district and cost US citizens over $2 Trillion dollars (Trotta, 2013). Current voters are mindful of the aftereffects of that political decision and have balanced their votes in like manner. Subsequently, voters currently don't really decide in favor of their first decision. There must be a superior way. As I searched for an elective democratic strategy to First Past the Post, I found a framework called Ranked Choice democratic (RCV). RCV is an arrangement of decisions where balloters rank the up-and-comers in the request for their decision, by denoting a 1 for their top pick, 2 for their subsequent option, 3 for their third decision, etc (FairVote Instant Runoff). Despite the fact that there are different ways (maybe surprisingly better!) of doing RCV, for the motivations behind this paper, I will be explicitly talking about the structure referred to as Instant-Runoff casting a ballot as it gives off an impression of being the most achievable to actualize in our current political circumstance. [G4][G5] In this framework, if no applicant has an away from of first votes, the trailing up-and-comer might be dropped and the principal votes in favor of the dropped up-and-comer are wiped out. At that point, the subsequent options of the voters who casted a ballot first for the dropped applicant are appropriated to the rest of the competitors. This procedure is rehashed until an applicant has an away from of the vote.[G6] The principle bit of leeway of Ranked Choice Voting is that the inevitable competitor picked better speaks to the accord of voters. As applicants are probably not going to acquire most of votes in the first round of tallying, up-and-comers may direct their talk trying to win runner up votes (Aceproject, 2017); The up-and-comers may pack down on their own crusades negative advertisements so as to not distance potential voters, and they would need to engage the best conceivable base. Since deciding in favor of an outsider up-and-comer in this framework is less hazardous, a more extensive assortment of interests would almost certainly be spoken to. For instance, in the ongoing political decision, an individual could securely make their first choice for Jill Stein and their second for Sanders, etc without ruining their vote and parting the ticket for a progressively famous up-and-comer that they may concur less with, for example, Clinton. As voters would not be compelled to decide in favor of the lesser of two shades of malice, one may hope to see a multiplication of progressively different outsiders that better speak to [G7]the constituents wants. I accept that whenever Ranked Choice Voting is embraced extensively over the United States, voters will feel progressively happy with the aftereffects of the election[8] From the start, I however that RCV was only a scholastic exercise, brainstormed by some Poli-Sci graduate understudy chipping away at their thesis[G9], yet I was astounded to discover that Ranked Choice Voting has just been put to powerful utilize worldwide and has demonstrated to be a dependable framework for quite a few years now[10]. For instance, it is utilized in such different races as parliamentary races in Australia (Paul, Owen, 2013), presidential races in Ireland (Citizens Information, 2016), and in civil decisions in Minneapolis and Saint Paul (City of Minneapolis). [G11] As of late, the State of Maine casted a ballot to embrace an Instant Runoff framework for congressional, senatorial, and gubernatorial decisions (Grabar, 2016). As indicated by an examination financed by Fairvote, a discretionary change backing gathering, residents in urban areas that have received RCV report that battles are more positive, that the framework is effectively justifiable, and that they accept that it ought to be embraced all the more broadly (Tolbert, et al). As individuals understand that the present type of casting a ballot isnt the main decision accessible, I accept that voters will progressively request RCV from political decision committees.[G12] In any case, there are a few authentic issues with Ranked Choice Voting that should be tended to; Jason McDaniels of San Francisco State University accepts that expanding the intricacy of casting a ballot is substantially more subjectively requesting than simply picking an inclination For a few, this may appear to be a little change, yet for other people, it could make the previously overwhelming errand of being an educated voter considerably all the more testing. Many years of research give us that when casting a ballot is made increasingly perplexing, it will in general lead to bring down interest and progressively inconsistent results. (McDaniels, 2016). In any case, considers occurring in Californian urban areas that have received RCV paint an alternate picture. About 90% of those surveyed announced that they had a simple time seeing how their polling forms functioned (Tolbert, et al). Maybe, pre-political decision day, a city or state could wage a concentrated, interactive media battle to instruct voters on the new framework. A multifaceted methodology using TV news spots, radio jingles, and sent update cards could be especially successful. Another conceivable issue with RCV is that confounded voters may basically list their inclination by request wherein the applicants show up on the polling form, as has been the situation in Australia. This issue could maybe be comprehended by holding an irregular attracting every political decision to figure out which request the up-and-comers are recorded on the voting form (AEC, 2016). Taking everything into account, I accept that genuinely inspecting the foundations of our general public and basically deconstructing their utilization and root will assist with building a progressively immaculate association. It is imperative to perceive that basic frameworks largy affect our day by day life and to understand that they are not unchangeable. Because of the impacts of the ongoing political decision, I am extremely perceptive of how our constituent framework estranges the very individuals that it was made to speak to. As opposed to surrendering to renunciation, I have investigated the issue and have thought of in any event a general strategy that could be taken to keep away from another troublesome political race. I trust that I have intrigued you with regards to the subject of constituent change and urge you to explore the theme yourself and arrive at your own conclusions.[13] An educated and dynamic citizenship is the best assurance for the continuation of the republ ican perfect. Work Cited FairVote (No distribution date). Positioned Choice Voting/Instant Runoff. FairVote. http://www.fairvote.org/rcv#rcvbenefits. Gotten to 19 February. 2017 Minneapolis Elections and Voter benefits (No distribution date). Every now and again Asked Questions about Ranked-Choice Voting. The city of Minneapolis.[G14] http://vote.minneapolismn.gov/rcv/what-is-rcv. Gotten to 19 February. 2017 [G15] Paul, Owen (2013). How does Australias casting a ballot framework work?. The Guardian. https://www.theguardian.com/world/2013/aug/14/how-does-australia-s-casting a ballot framework work. Gotten to 19 February 2017 McDaniels, Jason. (2016). What Ive discovered exploring positioned decision casting a ballot: It makes casting a ballot harder, brings down investment. Bangor Daily News. http://bangordailynews.com/2016/08/20/supposition/supporters/what-ive-discovered inquiring about positioned decision casting a ballot it-makes-casting a ballot harder-brings down investment/. Gotten to 19 February. 2017 Aceproject. (No distribution date) Advantages and detriments of first past the post. Expert Electoral Knowledge Network. http://aceproject.org/pro en/themes/es/esd/esd01/esd01a/esd01a01. Gotten to 20 February. 2017 Seat Research Center. (2017). Early open perspectives about Donald Trump. Individuals Press.org. http://www.people-press.org/2017/02/16/1-early-open perspectives about-donald-trump/ Gotten to 22 February 2017. Seat Research Center. (2016). Voters assessment of the battles. Individuals Press.org. http://www.people-press.org/2016/11/21/voters-assessments of-the-crusade/Accessed 22 February 2017. Residents data. (2016). Relative Representation. The [G16]Republic of Ireland. http://www.citizensinformation.ie/en/government_in_ireland/elections_and_referenda/casting a ballot/proportional_representation.html. Gotten to 22 February 2017. Grabar, Henry. (2016). Maine Just Voted for a Better Way to Vote. Slate.com. http://www.slate.com/articles/business/moneybox/2016/11/maine_just_passed_ranked_choice_voting_bravo.html. Gotten to 22 February 2017. Tolbert, Caroline, et
Saturday, August 22, 2020
CAPITAL BUDGETING Research Paper Example | Topics and Well Written Essays - 1000 words
CAPITAL BUDGETING - Research Paper Example In addition, it is a choice procedure that centers around long haul speculation for income and consumption. My paper will be founded on conversation of United State planning as a kind of perspective yet the structure is relevant to the most part to any planning framework whether national, state, or neighborhood, or whether it is in Europe or some other landmass. Planning is done as a method of defining destinations and objectives, for assignment of the assets basic to achieve the targets, for deciding advancement toward goals, recognizing insufficiencies, and for controlling and coordinating the assorted exercises did by many sub-units inside huge organizations both open and private (Rubin, 2004). Obligation limit alludes to the capacity of the administration to make required obligation administration installments and to have the option to take care of obligation brought about without demolishing its notoriety either to different states or people. Therefore,this segment will manage the theoretical issues influencing state obligation the executives and records on a state obligation financing approaches and obligation limits. State obligation the executives procedures and practices are significant factors in the arrangement of capital planning so as to guarantee that the legislature can balance the degree of obligation as well as obligation administrations comparative with current income that a giving element can support and undue budgetary imperatives that can influence the capacity of the administration to reimburse the obligation on time doesn't emerge. Thusly, when concocting a capital financial plan, current consumptions are financed by current incomes while capital uses ca n be financed by obtained reserves. Obligation financing is discounted by the expense of utilizing open speculations by the citizens on the ââ¬Å"benefit receivedâ⬠guideline. The administration utilizes a part of expenses paid by the citizens as an approach to guarantee future citizens bear their ââ¬Å"fair shareâ⬠as an approach to pay the obligation caused to give open offices. Besides, obligation limit is resolved
Objectism Essay Example For Students
Objectism Essay ObjectivismObjectivism can be broken into 5 fundamental classes. They are Metaphysics, Epistemology, Ethics, Politics, and Aesthetics.Each of these makes up Ayn Rands reasoning, which is called objectivism. Power is the conviction that all that one realizes they know simply because they trust it to be valid. Everything that is realized cant be genuinely demonstrated to be genuine on the grounds that it depends on our view of things. On the off chance that a tabletop is hard, it is simply because one sees it to be hard and has been informed that it is so. In the event that somebody consumes their hand on a hot iron they could really be freezing their hand however our faculties disclose to us it harms and not until the impact of everybody elses musings, do you realize that it copies rather then freezes. Epistemology says that the main method of learning is through explanation. All that we know is seen through explanation. In the event that we, as a race, didnt get reason, we couldnt get reality and presence itself. One knows the request for occasions due to time. We comprehend time since we understand that there is presence between occasions. Things occur in a specific request and not all things happen on the double. Morals is man, each man, is an end in himself, not the way to the parts of the bargains. He should exist for the good of his own, neither relinquishing himself to others nor giving up others to himself. The quest for his own levelheaded personal circumstance and of his own bliss is the most noteworthy good motivation behind his life. Legislative issues is the ideal society. Every single man helps and gets things done for one another for common advantage. The legislature just exists to secure the privileges of everybody and just uses physical brutality in self-assurance. No individual exists as anothers slave or ace everybody is equivalent. In the ideal society government is isolated from financial aspects like it is from the congregation. Feel is the perspectives on life through human expressions. The best case of this is the way a craftsman paints an image. They paint an article how they see it. One craftsman may paint an apple simply like it was a photo. Another might illustrate the equivalent accurate apple just it will be square or some other radical contrast. The two pictures are exact photos of the apple; they are exactly how every craftsman sees the apple. Neither can be more reasonable than the other can on the grounds that everything relies upon ones perspectives.
Friday, August 21, 2020
Language and Communication Barriers: International Students
Language and Communication Barriers: International Students Conceptual Dont let your fantasies be dreams. In this exploration proposition, we will examine the issues looked by the global understudy when they show up to New Zealand. At the point when individuals goes from their own nation of origin to any new nation there are numerous issues which they face in their regular day to day existence. Some of them are culture stun, as per Chiang (2014) culture stun is a break feeling of tension, ungainliness, and uneasiness that people as a rule experience when they live in an outside society. Followed by the dread of separation in the school, language hindrance and some more. In this exploration proposition, we will primarily concentrate on the language hindrance or correspondence challenges which are looked by global understudies. Followed by the writing audit, there will be a course of events has been proposed to survey the finish of zones of the examination and research. In this way, for additional investigation, with the assistance of poll overview an ana lyst will examine what sort of language obstructions or correspondence troubles universal understudy involvement with Whitireia Polytechnic Institute, Auckland. Presentation The constraints of our language implies the restrictions of our reality. Language assumes an exceptionally significant job when an individual travel out of their nation of origin as a global understudy. Language doesn't mean just talking, there are numerous more extensive points of view of language, for example, perusing, tuning in, hearing, conveying and numerous other. at the point when global understudies travel to New Zealand, they feel that they fall under the classification of language minority and the instructive framework is new and troublesome. In this manner, they feel extremely disappointed, as they experience different language issues. In spite of the fact that, their vehicle of study in their local nation would be same yet when they travel outside their nation, it restrains the extravagance in the remote network (International Education Journal, 2004). In the whole examination, analyst accentuations on various investigations which are executed on the accompanying theme and extends the new research. The previous investigations will profit the specialist to present the poll and furthermore convey the hypothetical diagram for the further examination. Followed by the approach which is utilized later on look into. Further piece of the proposition there will be course of events for the assignment done. The poll overview will be directed in Whitireia foundation, Auckland. Followed by the investigating of the information got from the reactions with supporting end and proposal. Writing REVIEW As indicated by Campbell and Li (2007) above 85% of the understudies in New Zealand are from Asia. It is said that the global understudies don't have any issues with instructive arrangement of New Zealand. As such, the universal understudies are happy with the instructive qualities, programs offered and instructive learning support. In this manner, the main test for them is portrayal and voice which is the piece of the language obstruction. Language obstruction and social distinction fabricates the correspondence troubles for the greater part of the worldwide understudy and it is testing and makes challenges in making local companions, collaboration in study hall with the coaches and subordinates and numerous other (Campbell and Li, 2007). Because of Globalization, English language become the significant piece of each universal investigations over the world, regardless of whether it is tuning in, talking or composing. According to the scientist it is said that various worldwide under studies from Asian nations, European or any western nation manages the genuine learning and communicating in challenges because of language understanding. Consequently, it fabricates the absence of certainty and reduction their association in the study hall (Sawir, Erlenawati, 2005) Strategy After this exploration proposition, with the assistance of the quantitative strategy the assortment and examination of information will be continued. As indicated by Creswell (2013) quantitative strategy is a procedure of examining the information and conveying the aftereffect of the particular investigation. With the assistance of this we will investigate the language challenges looked by universal understudies in Whitireia Polytechnic Institute. Right off the bat, to continue with this examination, scientist need to give self-done poll review, and get it affirmed by the guide for directing it the establishment. In the poll overview, there will be set of inquiries to assemble explicit data from the respondents (Punch, 2013). After the endorsement from the coach, course of the poll will be done to the understudies of the Whitireia polytechnic foundation. Further, specialist will assess the data accumulated by least 30 reactions from the worldwide understudy. The poll review will inco rporate after kinds of inquiries: segment, rate the language troubles, organization and numerous other. toward the end, analyst will examine the information assembled and fabricate the proposals. Course of events: The course of events has been worked in which contain assignments related with this exploration proposition and speak to the structure of the further examination. Requiring significant investment in thought to summarize the investigation, a framework was readied which gives the brief about how the administration of exact advance in the task was finished. Underneath timetable will grandstand the analysts task and accomplished cutoff time. Weeks Assignment Week 1 Subject choice and start the exploration Week 2 Composing the exploration proposition Week 3 Submit investigate proposition assemble poll Week 4 Circle the of poll Week 5 Information investigation Week 6 Present the examination proposition Week 7 Set up the introduction Week 8 Introduction References Punch, K. F. (2013). Prologue to social research: Quantitative and subjective methodologies. London: Sage. Creswell, J. W. (2013). Research structure: Qualitative, quantitative, and blended techniques draws near. Sage distribution. Recovered from https://books.google.co.nz/books?hl=enlr=id=EbogAQAAQBAJoi=fndpg=PR1dq=qualitative+method+defineots=cahOvWRCC3sig=_c1n4DPyJU9HhhDd67q-xBlBUGg#v=onepageqf=false Worldwide Education Journal. (2004). Shannon Research Press. Recovered from document://C:/Users/takka/Downloads/6800-14971-1-PB.pdf Sawir, E. (2005, December). Language Difficulties of International Students in Australia: The Effects of Prior Learning Experience. Recovered from Eric: https://eric.ed.gov/?id=EJ855010
Friday, July 17, 2020
5 Books to Watch for in November
5 Books to Watch for in November The season of Big Fall Books is in full swing, and I had a heck of a time narrowing down this months highlights. Heres an eclectic mix that will, I hope, remind you of some favorite writers with new projects and introduce you to new writers that will become favorites. The Isle of Youth: Stories by Laura van den Berg (November 5, FSG)This ones at the top because it is among my most-anticipated books of the year, and Van den Berg is one of my favorite short story writers. Her earlier collection What the World Will Look Like When All the Water Leaves Us is simply stunning, and her chapbook There Will Be No More Good Nights Without Good Nights is a reminder of how powerful even the shortest stories can be. She can do in three pages what some writers spend entire novels trying (not always successfully) to do. Van den Berg creates worlds that are haunting and lovely and just a bit strange. She captures characters in intimate, vulnerable moments and treats them with great sympathy and insight, and this remarkable collection is no exception. Highly recommended. Anything That Moves: Renegade Chefs, Fearless Eaters, and the Making of a New American Food Culture by Dana Goodyear (November 4, Riverhead)Being a food lover hasnt always meant being willing to try anything, so how did we get here? In the spirit of Mary Roach and immersive journalism, Goodyear embeds herself with chefs, foodies, wholesalers, smugglers (like, of foie gras and caviar, not drugs), raw milk enthusiasts, and some of the worlds most daring eaters to trace a contemporary history of food culture. Go behind the scenes and off the menu in swanky kitchens, clandestine restaurants, food trucks, and subcultures you didnt even know existed in this fascinating and occasionally gross look at how and why we cook and eat the way we do today. No Good Duke Goes Unpunished: The Third Rule of Scoundrels by Sarah MacLean (November 26, Avon)This series! It is so much fun! Sarah MacLeans historical romances are rompy and delightful, filled with smart, self-possessed women, roguish men who Know Some Things, and love scenes that are as hot as they are well-written. The male leads in the Rule of Scoundrels series are co-owners of a gaming hell (read: gambling hall), and they have more than enough experience to show their innocent-but-ready-for-ruin ladies the finer points of the art of seduction. You can count on scandals and secret trysts a-plenty, and there might even be some legit bodice ripping. A great read for seasoned romance fans and newcomers alike. I started with Sarah MacLean, and I was hooked. This is the Story of a Happy Marriage by Ann Patchett (November 5, Harper)Before Ann Patchett was a bestselling novelist and the patron saint of indie bookstores, she wrote essays. Lots of them, for all kinds of publications. And then she found that she enjoyed writing nonfiction so much that she kept writing even when she no longer had to. This collection brings together previously published pieces from throughout her career that speak to each other and highlight the recurring themes of Patchetts life as a writer. She writes about friendship, marriage (the one that failed, and the one that didnt), her beloved dog, caring for her grandmother, her unexpected turn as the owner of a bookstore, and what happened when parents of Clemson University students tried have her and her book banned from campus. This collection is lovely and well-written, if a bit on the safe side for my taste. It will make an excellent gift or companion for a cozy weekend. Havisham: A Novel by Ronald Frame (November 5, Picador)A prequel to Great Expectations, all about how the most interesting character in the classic novel (Miss Havisham, natch) came to be that way. This is Miss Havisham falling in love, not Miss Havisham wandering her house in her decades-old wedding gown surrounded by moldy cake and cobwebs. Shifted-perspective takes on classics seem to be having a moment, and for this reader, who has always though Wide Sargasso Sea was infinitely more compelling than Jane Eyre, there couldnt be better news. Honorable Mention: This is Between Us by Kevin Sampsell (November 12, Tin House Books)If this debut novel has half the heart of Sampsells wonderful memoir A Common Pornography, we are all in for a treat. Want Not by Jonathan Miles (November 5, HMH)The author of Dear American Airlines returns with a bigger, bolder, even darker and funnier sophomore effort. Bellman Black by Diane Setterfield (November 5, Atria/Amy Bestler Books)The long (long long long) awaited new novel from the author of The Thirteenth Tale. Let Me Off at the Top!: My Life and Other Classy Musings by Ron Burgundy (November 19, Crown)Stay classy, readers. Whats on your list of November books to watch for? _________________________ Sign up for our newsletter to have the best of Book Riot delivered straight to your inbox every two weeks. No spam. We promise. To keep up with Book Riot on a daily basis, follow us on Twitter, like us on Facebook, , and subscribe to the Book Riot podcast in iTunes or via RSS. So much bookish goodnessall day, every day. Sign up to Unusual Suspects to receive news and recommendations for mystery/thriller readers. Thank you for signing up! Keep an eye on your inbox.
Thursday, June 25, 2020
Australian Consumer Law - Free Essay Example
Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in writing real consent was not given. Under the provisions of Section 21 of Australian Consumer Law unconscionable behaviour is not allowed .It is totally prohibited it is conduct, action , a statement or behaviour that is in defiance of the conscience that is good.The following conduct are the examples of unconscionable conduct: 1)The conditions of contract are not explained properly to the person with learning disability or to persons who do not know English 2) Hardly any time is given to the person entering into contract to read the aggrements nor are they allowed to question much and the legal implications in respect of contract are not explained. 3) Getting blank forms signed by the parties to the contract. It can be thus argued by Mr and Mrs Lee that they were made to sign blank forms and no legal implications were explained to them. They hardly knew English and were not Australian Courts have set side guarantee agreements in many case where unconscionable conduct was taken into consideration where one party is at a special disadvantage. In this case the parents are old and do not know English so they can be at special advantage In the case of one of the famous case of Commercial BankmOf Australia v Almadois,the contract was set aside on the grounds of unconscionable conduct on the part of Bank. The Court took into consideration that Bank was aware of the fact that Amadios did not know English and were not even aware of the financial position of their son,held that banks conduct was unconscionable.Amadios got the contract of their guarantee set aside. This case is somewhat similar to that of Mr and Mrs Lee.The grounds of unconscionable conduct of bank in seeking enforcement of guarantee. Furthe defence in case of Mr and Mrs Lee is they too were not aware of the financial position of their son . It was under the influence of he being son, had entered into guarantee agreement . They even had linited liability, They were old and the legal implications arising from the guarantee agreement was not known to them .Bank had taken advantage of their not knowing English . They were made to sign on the blank forms and nothing was read or explained to them .They were not even informed about the non payment of instalments by the son or the bank.It is the proceedure of the bank to get the signature on blank forms .Presuming that Bank cannot do wrong by getting signature on blank forms and reposing their trust on bank, Mr and Mrs Lee gave their signature on the blank papers.Moreover Mr Lee and Mrs Lee wre not left with timeto seek the legal advice in respect of the guarantee agreement.It is thus presumed on the basis of the precedent of case law of Commercial Bank Of Australia v Amadois 1983 151 CLR 447 that in the grounds of unconscionable conduct by the Bank Mr and Mrs Lee may succeed in getting the guarantee agreement set aside.Australian Laws have applied this doctrine of unconscionable conduct in many cases. Though there are no specific principles for the basis Answer 2 Belinda can sue the ferry company for the loss of her car.Belinda can claim compensation and damages for loss of her car. Belind had not read the terms and conditions printed behind the ticket. She had not even read the similar condition witten on the ferry which she boarded along with her three children. It was written that All passengers and vehicles use this ferry at their own risk It is said that all these types of writings like No Exchange a re all legally not binding. Article 12 of Hague Convention states in general rules Liability of shipper.If the goods are lost or damaged due to the negligence of shipper his agents or servants, only than the shipper is liable to pay compensation or damages.But damages or loss of goods is incurred to save the ship, thsn in that case the shipper is not liable.If the gods are lost due to negligence and in attempt to save due to such negligence than the shipper is liable to pay compensation and damages only to the extent of negligence and not due to saving. In this case, Belinda can take action against ferry company for loss of goods as the goods were lost due to tne negligence of the Captain. Due to negligence, ferry collided with an underwater obstruction in which the lives of passengers were safe. They were resued.But the ferry and the goods on it could not be found .They were lost. Belinda has right to recover damages and compensation for the loss of her car The amount to b e calculated by producing all tge documents for purchae of car and insurance thereof. Though it is written on the back side of ticket, it is not in the contract that vehicles can take ferry at their risk. The things peinted have no legal binding as they are general instructions. Even when the car was put on carrier, it was not informed. Here shipping company is liable as there was negigence on the part of Captain and he did not take due and reasonable care. BelaeV Markworth Shipping Company Ltd(1981)SBHC 10(1980 _1981)SILR 218 23 October 1981 In this case it was held that the receipt of cargo and contract of carriage two different things .Terms and conditions on cargo receipt is not valid as it is not in contract of carriage. Belinda can claim by accusing the shipping company that no where in carriage contract it is written that All passengers and vehicles use this ferry at their own risk. In this case it is the liability of shipping company to pay compensation and da mages to Belinda as the car was lost due to the negligence on the part of the Captain.But Belinda can take action against shipping company only if she can produce the bill, date of purchase of car and any other related documents of the car along with insurance policy of car. Belinda had used the ferry number of times before.But had never noticed the writings on the ferry . The duty of the Captain is to take due care and diligence and any kind of negligence makes the shipping company liable to pay damages and compensation in loss of goods. It is thus concluded that Belinda can take action against the shipping company to pay the damages and compensation on the condition that she can produce the documentary proof relating to the car as the amount of damages have to be calculated too. All the laws that apply to this case are ACL Law Of Torts Hague Convention and Sea Carriage Goods Act. Key words Unconscionable conduct Loss of goods by sea Hague Convention Austral ian Consumer Law Guarantee Agreement Contract of carriage Ferry
Thursday, May 21, 2020
All Hail the Divine Ruler, Queen of Kish
Want to know which monarch of ancient Sumer reigned supreme at any given time? Youââ¬â¢d have to check out the aptly named Sumerian King List. But the Sumerians had a super-special idea of ââ¬Å"kingshipâ⬠: it was a force that liked to travel. For generations at a time, nam-lugal, or ââ¬Å"kingship,â⬠was bestowed upon a particular city, represented by a monarch who ruled for a long time. Only one city was believed to hold true kingship at any given time. After a few hundred years, kingship went from one city to another, which then held the honor of nam-lugal for a few generations. Apparently, the gods, who bestowed rulership as a privilege, not a right, upon humans, got fed up of one place after a period of time, so they regifted it elsewhere. In reality, the list may have reflected a particular cityââ¬â¢s rise to power or military defeat in Sumer: if City A came to prominence, then its hegemony could be justified by claiming divine right. This mythological idea wasnt realistic - many cities had individual kings reigning at the same time ââ¬â but since when did myth have reflect reality? Its Ladies Night Tons of monarchs make an appearance on the Sumerian King List, but thereââ¬â¢s only one lady named: Kubaba, or Kug-Bau.à Not to be confused with the monster Huwawa or Hubaba in the Epic of Gilgamesh, Kubaba was a woman alone ââ¬â the only queen regnant whoââ¬â¢s recorded as bearing divine rulership. The Sumerian King List records that the city of Kish held nam-lugal multiple times. In fact, it was the first city to hold kingship after a great mythical flood ââ¬â sound familiar? After sovereignty bounced around to a lot of different places, it landed in Kish a few more times ââ¬â although thatââ¬â¢s since been cast in doubt. On one of those occasions, a woman named Kug-Bau ruled the city. Drink Up!à Kubaba is first identified in the King List as the ââ¬Å"the woman tavern-keeper.â⬠How could she have gone from owning a bar/inn to ruling a city? We canââ¬â¢t be sure, but female tavern-keepers actually held important positions in Sumerian mythology and daily life. Perhaps thatââ¬â¢s because of the mega-importance of beer in Sumerian culture. While some scholars theorized that taverns equaled brothels in Sumer, apparently ââ¬Å"tavern keeping was a common and respectable female occupation until later periods in Mesopotamia,â⬠according to Julia Assante. Regardless of what kind of show they were running, women often ran taverns, holding perhaps one of the only independent female positions of power in ancient Sumer. In the Epic of Gilgamesh, an important character is Siduri the tavern-keeper, who runs an inn in the Underworld. She must be an immortal of some sort to live where she does, and gives Gilgamesh sage advice like ââ¬Å"Who of the mortal can live forever? The life of man is shortâ⬠¦.let there be pleasure and dancing.â⬠So, in what was probably a very important epic even in antiquity, a female tavern-keeper was seen as a guideà along perilous pathsà and a figure worthy of veneration. Real-life politics may or may not have allowed a tavern-keeper co to rule over her city. But what was the purpose in identifying her profession? By associating her with the mythical Siduri and a prominent feminine profession ââ¬â whether she ran a brothel or not - the recorder of the King List literally immortalized Kubaba and made her the one of worldââ¬â¢s most independent women before Beyoncà ©. According to Carol R. Fontaine in her essay ââ¬Å"Visual Metaphors and Proverbs 15:15-20,â⬠there was a sacredness attached to female tavern-keepers. She wrote that, ââ¬Å"given the association of Inanna-Ishtar with the tavern and the sweet (sexual?) wine to be drunk there, as well as female ownership of taverns and involvement with the process of brewery, we should not assume Ku-Baba to be some sort of prostitute but a successful business woman with divine associations herself.â⬠So what else did Kubaba do? The King List says she ââ¬Å"made firm the foundations of Kish,â⬠indicating she fortified it against invaders. Lots of monarchs did this; Gilgamesh even built a lot of walls to protect his city of Uruk . So it sounds like Kubaba carried on a grand royal tradition of building up her city. According to the King List, Kubaba ruled for one hundred years. Thatââ¬â¢s obviously exaggerated, but a lot of other monarchs on the list have similarly long reigns. But it didnââ¬â¢t last forever. Eventually, ââ¬Å"Kish was defeatedâ⬠ââ¬â or destroyed, depending on the version youââ¬â¢re reading ââ¬â and the gods decided to remove kingship from this city. It went to the city of Akshak instead. A Womans Work Never Ends But Kubabaââ¬â¢s legacy didnââ¬â¢t end there. It seems that later generations werenââ¬â¢t crazy about women occupying traditional menââ¬â¢s roles. A later omen reading indicated that, if an individual is born intersex, itââ¬â¢s the ââ¬Å"omen of Ku-Bau who ruled the land; the land of the king will become waste.â⬠à By taking on the duties of a man ââ¬â a king ââ¬â Kubaba was seen to have crossed a boundary and transcended gender divisions in an improper fashion. Combining male and female genitalia in an individual would echo her reign as lugal, or king, which the ancients saw as violating the natural order of things. The omen texts indicate that both an individual with the sexual organs of two genders and a queen regnant were seen as unnatural. ââ¬Å"These were linked in the elite mind as a challenge and threat to the political hegemony of the king,â⬠said Fontaine. Similarly, in another omen reading, if a patientââ¬â¢s lung didnââ¬â¢t look so good, it was the sign of Kubaba, ââ¬Å"who seized the kingship.â⬠à So, basically, Kubabaââ¬â¢s legacy served as a means of identifying bad stuff that went against the way things should be. Its also worth noting that Kubaba is portrayed as an improper usurper here. Kubabaââ¬â¢s legacy might not have been limited to her reputation. In fact, she mightve founded a real dynasty! After her reign, kingship transferred to Akshak; a few generations later, a king named Puzur-Nirah ruled there. Apparently, Kubaba was still alive at this time, according to the Weidner Chronicle, and Kubaba, a.k.a. ââ¬Å"the alewife,â⬠fed some local fishermen who lived near her house. Because she was so nice, the god Marduk liked her and gave ââ¬Å"royal dominion of all lands entirely over to Ku-Baba.â⬠On the King List, royal power is said to have gone back to Kish after Akshakâ⬠¦and guess who ruled? ââ¬Å"Puzur-Suen, the son of Kug-Bau, became king; he ruled for 25 years.â⬠So it looks like the story about Marduk giving kingship back to Kubabaââ¬â¢s family demonstrates her real-life family taking power eventually. Puzur-Suenââ¬â¢s son, Ur-Zubaba, ruled after him. According to the list, ââ¬Å"131 are the years of the dynasty of Kug-Bau,â⬠but that doesnââ¬â¢t add up when you tally the years of each reign. Oh, well! Eventually, the name ââ¬Å"Kubabaâ⬠became best-known as that of a Neo-Hittite goddess, hailing from the city of Carchemish. This Kubaba probably didnââ¬â¢t have any relation to our Kug-Bau from Sumer, but an incarnation of the deity so prominent in Asia Minor mightââ¬â¢ve become the goddess the Romans knew asà Cybele (nà ©e Cybebe). If so, then the name Kubaba had come a long way from Kish!
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