similarities and differences you see between philosophy and theology

Question:

(2 pages, double spaced, 12 pt. font with 1 inch margins) reflecting on the

effect of your education in philosophy so far: how does it help you, if at all, reflect on “great

questions”?What are similarities and differences you see between philosophy and theology?

Answer:

It is often stated that philosophy is the mother of all the sciences and my education in philosophy has made me understand why such comments are related to the subject of philosophy. It is an obvious fact that without gaining knowledge about the subject of philosophy I would have never realized the reality of life and the reality of the perceptions on which our lives are based.

Pivotally the questions regarding the nature of the universe and the question regarding its evolution have always been issues which stirred my mind. Going through the subject of philosophy I did realize that all such questions have some specific answers and that answer can only be provided by philosophy through its logical and metaphysical interpretations. Moreover, by opting for getting educated in the realm of philosophy I have benefitted myself from myriads of perspectives. I, like myriad of other human beings, always had a question in mind that whether or not there is a Supreme Power an Almighty God who controls this world and who shapes the lives of each and every man and woman across the globe. I always wanted to find the answer to this question but was in a dilemma as nothing was able to provide me with any clue to my queries. It was going through the subject of philosophy that I realized the truth behind the existence of a Supreme celestial power. Moreover, dwelling deep into the realm of philosophy I understood that there is a Supreme energy which is actually working as a guiding force and which is actually regulating each and every aspect of this nature. I did realize that though there are different opinions regarding the existence of God, each and every philosopher has actually contributed their own theories to address the complexity of this matter.

Furthermore, it is through my education regarding the Rational and Empirical theories of philosophy that I came to learn that either human being are born with previous experiences or they are born with a mind that is just like a blank sheet. And though there are controversies regarding the origin of mind’s experience, it is through philosophy that I came to be acquainted with such important questions regarding human existence and human rationality. Moreover, it is my education in the sphere of philosophy that I came in contact with the theories of birth and rebirth. Through this subject I am continuously learning about the doctrines of Karma, the cycle of life and the ways of attaining Moksha or salvation. And it is indeed through the study of philosophy that I came to know the relation and differences between philosophy and theology. I understood that both philosophy and theology are similar to each other from the point of view that both of these subjects deal about reality. But the difference lies in the fact that while philosophy deals with reality as a whole, theology is much more concerned dealing with the Divine reality (Puthenpurackal, 2009). Besides, I did learn that although philosophy and theology tend to unfold the truth behind human existence their approaches differ on the basis of the degree of confinement. This can be analyzed by going through the etymological meanings of both the subjects. Philosophy’s etymological meaning is ‘love of wisdom and theology etymologically means ‘Science of God’ (Puthenpurackal, 2009) and going through such interpretations one can obviously understand that the scope and area of discussion of philosophy is wider than that of theology.

In conclusion, I did learn a lot by dwelling into the realm of philosophy and her branches and the knowledge gained through the theories and doctrines of these subjects has enabled me to think rationally and to try to have correct perceptions that are devoid of ambiguities. Moreover, through my education in philosophy I understood its relation with theology and how these two subjects, although have some basic similarities, differ from each other on myriads of grounds.

(654 words)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Puthenpurackal, J. (2009). PHILOSOPHY AND THEOLOGY: IDENTITY AND/OR DIFFERENCE? About RVP. Retrieved September 3, 2012, from http://www.crvp.org/book/Series03/IIIB-13/chapter-8.htm

 

Asian Trade and Immigration

Question:

Consider that while Chinese and Indian immigrants were arriving in the U.S., the British were arriving in China and India. Compare the concept of a 19th century global economy between Asia and the West to the 21st century global economy involving Asia and the West today. 100 words

Answer:

19th century was dominated by the concept of colonialism. And it was the colonial powers that actually controlled the global economy. The rise of British imperialism enforced myriads of Asian countries to stop their indigenous productions and supply raw materials for the England. The British East India Company and the French East India Company as an example turned India into a raw material producing country. China was forced to indulge in foreign trade and her economy was exploited. Though Chinese and Indian immigrants were arriving in the U.S. their homelands were being exploited by the European powers. But the entire scenario started changing with the advent of the 21st century. The power of compound interest actually paved the way for the emergence of Asian economy. Today’s global economy as compared to that of 19th century is witnessing the rise of China and India as global economic powers.

(147 words)

Reference:

URL: http://www2.needham.k12.ma.us/nhs/cur/Baker_00/2001_p4/baker_mr_rl_p4/colonialism.htm

The Death of a Soccer Star

Question:

Field Report: Crime Scene Investigation – Murder Kicks
Refer to the scenario Crime Scene Investigation – Murder Kicks, The Death of a Soccer Star, located here.

Write a three to four (3-4) page paper in which you:

 

  • Analyze the victim and physical evidence of the body as shown in the photograph.
  • Analyze the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime.
  • Analyze the physical evidence from photographs of the exterior of the house, noting what might be the escape route.
  • Analyze the photo taken by a neighbor of a truck the week prior to the crime.
  • Propose a list of evidence that should be preserved and provide a rationale for each item on the list.
  • Propose a chain of preservation for the evidence.
  • Recommend further physical evidence to collect. Provide a rationale for your recommendation(s).
  • Recommend a list of people to interview and provide a rationale for each.
  • Recommend further information that wasn’t provided that should be gathered and provide a rationale for your recommendation(s).
  • Recommend other roles and / or agencies that should be involved in the investigation and provide a rationale for their inclusion.

The specific course learning outcomes associated with this assignment are:

  • Describe the major components of and responsibilities involved in the investigative process.
  • Recommend improvements to the criminal investigation process in selected areas.
  • Describe the procedures for the preparation of field notes and the documentation of a crime scene.
  • Evaluate the importance of search and seizure, processing the crime scene and collecting evidence, the criminal intelligence function, and the use of information resources in the investigative process.

 

 

 

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills. Click here to view the rubric for this assignment.
 

Points: 120 Field Report: Crime Scene Investigation  ̶  Murder Kicks
Criteria  

Unacceptable
Below 60% F

Meets Minimum Expectations
60-69% D
 

Fair
70-79% C

 

Proficient
80-89% B

 

Exemplary
90-100% A

1. Analyze the victim and physical evidence of the body as shown in the photograph.
Weight: 10%
Did not submit or incompletely analyzed the victim and physical evidence of the body as shown in the photograph. Insufficiently analyzed the victim and physical evidence of the body as shown in the photograph.  Partially analyzed the victim and physical evidence of the body as shown in the photograph. Satisfactorily analyzed the victim and physical evidence of the body as shown in the photograph. Thoroughly analyzed the victim and physical evidence of the body as shown in the photograph.
2. Analyze the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime.
Weight: 10%
Did not submit or incompletely analyzed the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime. Insufficiently analyzed the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime.  Partially analyzed the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime. Satisfactorily analyzed the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime. Thoroughly analyzed the physical elements shown in the photographs of the inside of the house, noting how these elements connect to the crime.
3. Analyze the physical evidence from photographs of the exterior of the house, noting what might be the escape route.
Weight: 10%
Did not submit or incompletely analyzed the physical evidence from photographs of the exterior of the house, noting what might be the escape route. Insufficiently analyzed the physical evidence from photographs of the exterior of the house, noting what might be the escape route. Partially analyzed the physical evidence from photographs of the exterior of the house, noting what might be the escape route. Satisfactorily analyzed the physical evidence from photographs of the exterior of the house, noting what might be the escape route. Thoroughly analyzed the physical evidence from photographs of the exterior of the house, noting what might be the escape route.
4. Analyze the photo taken by a neighbor of a truck the week prior to the crime.
Weight: 5%
Did not submit or incompletely analyzed the photo taken by a neighbor of a truck the week prior to the crime. Insufficiently analyzed the photo taken by a neighbor of a truck the week prior to the crime.  Partially analyzed the photo taken by a neighbor of a truck the week prior to the crime. Satisfactorily analyzed the photo taken by a neighbor of a truck the week prior to the crime. Thoroughly analyzed the photo taken by a neighbor of a truck the week prior to the crime.
5. Propose a list of evidence that should be preserved and provide a rationale for each item on the list.
Weight: 10%
Did not submit or incompletely proposed a list of evidence that should be preserved and did not submit or incompletely provided a rationale for each item on the list. Insufficiently proposed a list of evidence that should be preserved and insufficiently provided a rationale for each item on the list. Partially proposed a list of evidence that should be preserved and partially provided a rationale for each item on the list. Satisfactorily proposed a list of evidence that should be preserved and satisfactorily provided a rationale for each item on the list. Thoroughly proposed a list of evidence that should be preserved and thoroughly provided a rationale for each item on the list.
6. Propose a chain of preservation for the evidence.
Weight: 10%
Did not submit or incompletely proposed a chain of preservation for the evidence. Insufficiently proposed a chain of preservation for the evidence. Partially proposed a chain of preservation for the evidence. Satisfactorily proposed a chain of preservation for the evidence. Thoroughly proposed a chain of preservation for the evidence.
7. Recommend further physical evidence to collect. Provide a rationale for your recommendation(s).
Weight: 10%
Did not submit or incompletely recommended further physical evidence to collect; did not submit or incompletely provided a rationale for your recommendation(s). Insufficiently recommended further physical evidence to collect; insufficiently provided a rationale for your recommendation(s). Partially recommended further physical evidence to collect; partially provided a rationale for your recommendation(s) Satisfactorily recommended further physical evidence to collect; satisfactorily provided a rationale for your recommendation(s). Thoroughly recommended further physical evidence to collect; thoroughly provided a rationale for your recommendation(s).
8. Recommend a list of people to interview and provide a rationale for each.
Weight: 10%
Did not submit or incompletely recommended a list of people to interview and did not submit or incompletely provided a rationale for each. Insufficiently recommended a list of people to interview and insufficiently provided a rationale for each. Partially recommended a list of people to interview and partially provided a rationale for each. Satisfactorily recommended a list of people to interview and satisfactorily provided a rationale for each. Thoroughly recommended a list of people to interview and thoroughly provided a rationale for each.
9. Recommend further information that wasn’t provided that should be gathered and provide a rationale for your recommendation(s).
Weight: 10%
Did not submit or incompletely recommended further information that wasn’t provided that should be gathered and did not submit or incompletely provided a rationale for your recommendation(s). Insufficiently recommended further information that wasn’t provided that should be gathered and insufficiently provided a rationale for your recommendation(s). Partially recommended further information that wasn’t provided that should be gathered and partially provided a rationale for your recommendation(s). Satisfactorily recommended further information that wasn’t provided that should be gathered and satisfactorily provided a rationale for your recommendation(s). Thoroughly recommended further information that wasn’t provided that should be gathered and thoroughly provided a rationale for your recommendation(s).
10. Recommend other roles and / or agencies that should be involved in the investigation and provide a rationale for their inclusion.
Weight: 5%
Did not submit or incompletely recommended other roles and / or agencies that should be involved in the investigation and did not submit or incompletely provided a rationale for their inclusion. Insufficiently recommended other roles and / or agencies that should be involved in the investigation and insufficiently provided a rationale for their inclusion. Partially recommended other roles and / or agencies that should be involved in the investigation and partially provided a rationale for their inclusion. Satisfactorily recommended other roles and / or agencies that should be involved in the investigation and thoroughly provided a rationale for their inclusion. Thoroughly recommended other roles and / or agencies that should be involved in the investigation and thoroughly provided a rationale for their inclusion.
11. Clarity, writing mechanics, and formatting requirements
Weight: 10%
More than 8 errors present 7-8 errors present 5-6 errors present 3-4 errors present 0-2 errors present

 

 

Answer:

Summary

Given the photos and available data, it seems likely that the perpetrator was known to the family, and had some idea of the layout of the house. He entered through the back door of the house, surprising the victim, who was downstairs at the time, and chased her up the stairs, and into the hallway, likely because she was heading for her room or some other defensible location. It seems likely that she came to harm at this stage, and was afterwards moved to the bottom of the stairs. Finally, the perpetrator left via the front door, leaving it ajar and triggering the alarm. He then drove away in a white truck, obviously upset, indicating it was a crime of passion and accident rather than premeditation.

The body

The position of the body is not consistent with a fall down the stairs. When people fall down the stairs, the rarely fall all the way to the bottom, and they do not come to a rest just at the foot of the stairs, unbruised and unbleeding. Her body seems to be intact, with no broken bones, and she seems to have suffered no damage from the obvious – but probably false – cause of death, which is the fall down the stairs.

Given that one of her fingernails is unpainted, it is likely that she was painting her nails at the time the perpetrator entered the house. This would probably locate her in either her room or sitting in front of the TV.

The inside of the house

The pictures from the family room are different; in one, there is a red bottle that is missing from the other. This may be the nail varnish bottle that she was painting her nails from, and is therefore critical to the narrative of events.

The disorder downstairs fits more with the victim lying on the floor, watching TV (note the position of the remote, magazines laid out, and CD under the carpet rather than on top, where it would be if it had fallen there). The plants and pictures in the hallway and stairs photos are knocked away from the stairs, indicating that she was chased in that direction, rather than running down the stairs. This obviously problematizes the idea that she fell to the bottom of the stairs.

The exterior of the house

Given that dirt was tracked into the house, it seems likely the perpetrator entered from the back door. Moreover, the large dog did not attack him, since doing so would have alerted the victim; this indicates that the perpetrator was known to the dog. The fact that he knew to come in through the presumably open back door also indicates familiarity with the property.

Given these facts, it is likely that the escape route was through the front of the house rather than the back. This is also consistent with the time of the alarm relative to the time of the report from Mz. Struthers.

The truck

The truck is, unfortunately, a very common model and colour. More detail is needed on why the neighbour took the photo, since this speaks to the character of the driver. The truck also has no licence plate, indicating that it has been illegally removed, or that it is waiting for licencing; assuming that the photo is of the same truck that was seen speeding away, this potentially reduces the potential owner population.

Evidence

The most obvious piece of evidence that needs to be preserved is the body itself, pursuant to a full autopsy, which should shed light on the specific cause of death. The plant pots and skew pictures from the hallway should also be preserved, since they may have fingerprints from the perpetrator on them. The dirt and pine needles found in the house should be preserved, since examination could shed further light on the perpetrator’s previous movements. Finally, the dogs should be examined to see if they came into contact with the perpetrator.

Chain of preservation

The chain of preservation is complicated by the presence of several police officers, paramedics, and the family itself, who are likely to have tidied and cleaned the house. If at all possible, and to provide protection from further contamination, all listed items (other than the dogs) should be gathered by officers Pistol and Thursday, and taken immediately to the station for archiving.

Further physical evidence

For further evidence, the front and back doors should be checked for fingerprints. Any available CCTV grabs from the immediate area should be checked to see if the truck can be tracked on its route both to and from the house. Any footprints, both inside and outside the house, would narrow the list of suspects. Finally, the victim’s phone and relevant records should be seized, to see if she had any contact that might shed light on events – she did not call anyone, indicating that she knew the perpetrator and was not immediately alarmed at seeing him.

Recommend a list of people to interview and provide a rationale for each.

There are four main parties that should be interviewed. The first is the parents, to establish what they knew of their daughter’s social life and circle, and her relationship with her boyfriend, as well as to establish a pattern of her behaviour. Since he is the primary suspect, the boyfriend should be interviewed, especially with reference to why they argued and made up – for example, she could have seen another boy in the meantime, who presents another potential perpetrator. For all these reasons, her teammates should be interviewed. Finally, the neighbour who took the photo of the truck and Mz. Struthers should be interviewed to establish detail on the truck and driver.

Further information

The above additional evidence is designed to cover several outstanding questions. For example, why did the dogs not intervene? Where was the truck parked, and why did the victim not notice it? Given the probable haste of departure, it is likely that tire marks will indicate this. The victim did not open the front door to the perpetrator, but did not immediately raise the alarm – why? More information from the house is also required – for example, was anything missing, and were any items in other rooms disturbed?

More photos and detailed interviews should solve most of these questions. Finally, a detailed relationship timeline is required to establish the probable guilt of the boyfriend, and any other potential romantic partners, given that these are most often perpetrators in crimes such as this.

Other roles and / or agencies

Four other agencies should be involved. The municipal authorities and DVLA will be required in order to track the vehicle, both on CCTV grabs and from the licensing bureau. The school, including teachers, principal, counsellors, friends and enemies should be involved in order to build a fully detailed picture of the victim, and potential perpetrators. Forensic agencies should check both physical evidence and the victim’s digital footprint, in case the perpetrator was someone with whom the victim had a primarily online relationship – given her age, this is non-trivial. Finally, a psychologist will be required for parents and the boy, both to help them through the trauma and potentially reveal important but non-obvious evidence.

what does Spinoza mean by the word God

Question:

Introduction and Background

 

 

23 August

Anselm, Proslogion 14

Writing (5 paragraphs; submit online): What is the relation between faith and reason (or understanding) in Anselm’s Proslogion.

 

 

 

28 August

Rene Descartes, Meditations

Writing (5 paragraphs, due in class): What role or function does the proof for the existence of God play in Descartes argument; or, to put it slightly differently, why does Descartes need the proof for the existence of God?

 

 

30August

BaruchSpinoza, Ethics I (Defintions, Axioms, and Propositions 1-15)

Writing (5 paragraphs, submit online): What does Spinoza mean by the word “‘God”?

 

4 September

Baruch Spinoza, Theologial-Political Treatise, selections

Writing (5 paragraphs, due in class): What ought to be the relation between the State and the

Church, according to Spinoza?

 

6 September

The Constitution of the United States and the First Amendment of the Constitution

Writing (5 paragraphs, submit online): Compare and contrast the relation between Church and

State as envisioned by Spinoza and as described in the US Constitution.

 

11 September

Immanuel .Kant, selections from The Critique ofPractical Reason

Writing (5 paragraphs, due in class): Why should we believe in God, according to Kant?

 

13 September

Immanuel Kant, ”What is Enlightenment?”

Writing (5 paragraphs, submit online): What is the purpose ofhuman freedom (autonomy), according to Kant?

 

18 September

Ludwig Feuerbach, The Essence ofChristianity, chapts 1-2

Writing (5 paragraphs, due in class): What does Feuerbach mean by “God”?

 

20 September

Karl Marx, “Theses on Feuerbach” and ”The Communist Manifesto”

Writing (5 paragraphs, submit online): Why does Marx believe he is an improvement on the thought ofFeuerbach

 

Ob

25 September

Max Horkheimer, “On the Rise and Decline of the Individual”             , cl4

Answer:

Vision of Sri Krishna Viratroop had been seen through Arjuna & Sanjeyan see such scene just, which Arjuna bowing down to the Sri Krishna Viratroop. This has been as immediate Video presented to the Sanjayan. This has been clear from dialogue of the Sanjayan to the Rishi who provides diviya Dristi.

In 11th teaching, Krishna has reveals himself on its true form to the Arjuna. It has been quite surprising as well as unexpected to me. After transformation of the Krishna, Arjuna began the long speech of how he had been surprised at seeing the Krishna in such a manner as well as started telling him that everybody could look at him in the awe, due to his several arms & several mouths. He then said that he did not understand change, so he has asked Krishna for explaining it. Krishna has responded that he had been the God who killed world as well as that all warriors could die even when Arjuna did not help him.
How do you think of “Divine power,” and what imagery might you use to communicate that power?

Secret of contentment has been to know divine power, which has been taking care of us in each moment. Divine power has been taking care of us as we have not been existing as different entities in universe. We are not different from universe however we have been part of universe. We do that through trusting in directions, which that provides to us as well as for acting on them in each moment. We have not been living our lives as this has been universe, which living by us.

Divine Power has been spiritual power that has been charged as well as channelled through Goddess & God.  Personal power as well as earth power has both been manifestations of divine power.  Divine power has been a force of the life, source of everything, power of universe, which created the existence.

Divine Power has been earned through killing the monsters. Daeva, character of player may make use of the Divine Power in the combat, to craft as well as for several other actions. For using divine power Goddess & God required to be invoked for blessing magic being prepared, it has been normally done in the properly constructed circle.

Although Krishna urges the conflicted Arjuna, “Rise to the fight, Arjuna,” (The Second Teaching), he also says in this section, “Be just my instrument, the archer at my side” (p. 104). What do you think this means? How might it help Arjuna gather the courage to do what is required of him?

The meaning of “Rise to the fight, Arjuna,” has been that the Lord Krishna desired that warrior Arjuna should rise & fight, not just for the selfish purposes however for higher principles of the sanatana dharma, actual spiritual role of soul. Arjuna has represented not only himself however Everyman.

The meaning of “Be just my instrument, the archer at my side” has been that the Lord Krishna, tells the Arjuna that this has been He who has been the Supreme Doer. Battle, which lies in front of Arjuna has already been determined as well as won for him through Krishna, as well as all that Arjuna required to do has been to fulfil the wishes of the Lord.

Macro vision does not come automatically towards the individual however needs to be cultivated. Krishna was to teach Gita to the Arjuna for helping him throw off its indecision as well as mental confusion. Arjuna has rediscovered its efficiency as well as potency whiles his mind become calm & serene. We should note that the Krishna did not alter situation or helping the Arjuna with the newer forces & allies. He has talked to the Arjuna for lifting him out of the mental confusion.

What were your favorite lines in the reading? Why?

Following are my favorite lines in the reading:

“If light of thousand suns had been to rise in sky at once, this could be as light of such a great spirit.” (The Bhagavad-Gita, Complete with Explanation, 2007)

This has been in 11th Teaching, which something amazing happens. Arjuna asks the favor. He has asked Krishna to reveal him in his actual form; he wants to see what how actually the God looks like. At 1st Krishna has been reluctant, he told Arjuna that he could not be capable of bear that. Arjuna pleads & Krishna then relents. Krishna arranges this so Arjuna would see him by eyes of spirit apart from the mortal eyes. Even so, Arjuna may bear sight for just the short time. In actual form of the God Arjuna saw entire universe, with all their suns as well as all their beings, everything there has been with the sounds & the scents, bound in single glorious form. At that point, Sanjaya broke his narrative to say to King the verse.

 

 

 

 

 

 

 

 

Reference

The Bhagavad-Gita, Complete with Explanation. (2007). Retrieved September 1st, 2012,

from http://www.gita-society.com: http://www.gita-society.com/section2/2_bhagavadgita.htm#11

 

the relation between church and state as envisioned by Spinoza

Question:

Go through some of the reading that I’ve attached and then Compare and Contrast the relation between church and state as envisioned by Spinoza and as described in the US constitution. (write 5 paragrahs)on this

The first Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Answer:

 

Though there is some element of separation between the Church and State, these two entities seem to interact a great deal during their functions. It is the role of the Church to keep the State on its toes; the Church provides the State with moral leadership and counsel while the State ensures that the Church conduct its affairs without interference from external forces. This paper will attempt to compare and contrast the relation between the Church and the State.

There are some semblances and differences between the church and the state. Firstly, the church draws its powers from the Holy Scripture while the State gets its powers from the constitution. The laws enforced by the church touch on morality and are not fully mandatory on the people while the laws of the state are mandatory on all citizens. The laws of God are enforced through the knowledge of God (De Spinoza, n.d). His knowledge is a gift to humanity and therefore God does not force men to know Him. The State on the other hand insists that all of its citizens must understand and follow the legislated laws to the latter.

The supreme purpose of the bible is to enforce moral law. The Bible teaches through various places of how we ought to obey the laws of God. It summarizes the demands of the law and states that love is the summation of all laws. The Bible was written both for the learned and the unlearned. The Bible further teaches that God is a God of love. By this we mean that God prides in forging and maintaining relationships. No wonder Jesus in the New Testament summarized the Mosaic commandments found in Exodus into two; Love the Lord your God with all your mind and might and Love your neighbor as you love yourself (De Spinoza, n.d).

God’s laws found in the bible demands obedience. To fully obey the laws of God, one must be a believer; he must believe that God exists and that He rewards those that diligently seek Him. Seeking God in itself means obeying and following His commands. As earlier on stated, God is a God of relationships and as a loving God, He has not legislated laws or commands to coerce men into loving Him. Rather, God, through the scriptures is presented as a loving father whose greatest desire was to reunite man (his children) to himself.

The State is founded upon the constitution and the same constitution believes in the existence of a supreme deity. This therefore implies that indeed, the laws of the land tend to borrow some aspects from religion (De Spinoza, n.d). The laws enshrined in the US constitution have some semblance with the moral laws as found in the Holy Scriptures. According to these laws, Man is expected to exercise love over his neighbor and desist from actions that would harm the well being of the people around Him. However, unlike in the bible where law breakers can be pardoned after repentance, those that break the State’s laws must face the consequences which are normally meted by the aggrieved party which is the state.

 

 

References

De Spinoza, B. (n.d). Theological-Political Treatise. Cambridge University Press [Attached document]

BULAW5914Commercial Law Semester 2

Question:

Part A

Write an essay on how the knowledge and skills you are gaining from the study of this Commercial Law course may be relevant in your accounting or other professional career in Australia or in your country of origin.

Answer:

The knowledge and skills obtained from studying Commercial law would be highly relevant in setting up a career in Accounting, primarily in Financial Reporting. It will help me understand the difference between structure and legal implications of different types of financial reporting primarily GAAP and IFRS. Studying Commercial law will also help in understanding the legal concepts of auditing in a organization and how various decisions in company audit can lead to different legal implications.

International Accounting Standards Board makes use of its conceptual framework for implementing a new standard and even revising an existing standard. “The framework is a point of reference in the absence of specific guidance” (IFRS Vs GAAP: Accounting Framework & Financial, 2010). The IFRSs does not cover the immaterial items and is thereby limited to accounting of transaction in accordance to their substance rather that their legal form. Also in IFRS, the transactions of entity with shareholders are recorded under the equity.

The companies that have elected for the adoption of IASB are compulsorily required to apply IFRS for all the periods of data presented by them. IASB was formed in 2001 to replace International; Accounting Standards Committee (IASC) and subsequently IASB issues it’s IFRS 1 in 2003. On 17-Nov-08, the US SEC announced its proposal for its potential use of implementing IFRS for preparation of financial statements. The proposal intends to complete the implementation of IFRS in US by 2014 (IFRS and the US, 2008).

US GAAP differentiating from IFRS could be used for recording the transactions of both non-profit and profit oriented companies, wherein it provides additional accounting standards and guidance for implementation in not-for-profit entities. Another difference of US GAAP with IFRS is that US GAAP is divided into authoritative and non-authoritative guidance whereas IFRS does not holds such division. IFRS also has its specific dissimilarity with US GAAP relating to its first time adoption. According to IFRS, a company while adopting IFRS for the first year is required to present reconciliations of its Income Statement for the past period represented under US GAAP, while there is no such specific requirement under US GAAP relating to its first time adoption (IFRS and the US, 2008).

US GAAP does not provide any particular guidance for adopting its accounting principles for the first time. The framework of US GAAP is dissimilar to IFRS and is considered to be non-authoritative guidance that is no referred routinely. The disclosure requirements relating to format and line items are more strict and specific in case of SEC registrant as compared to that of IFRS (IFRS Vs GAAP: Accounting Framework & Financial, 2010). Also according to US GAAP comparative information is not required whereas in case of IFRS, there is a specific requirement for comparative information.

Part B

Facts

Anita was interested in buying a television. She didn’t have very much money, so she thought that she would buy one second-hand. She advertised in the local newspaper. The advertisement said: ‘Wanted: 51 cm colour television. Good condition. Will pay a good price.’ Anita got in contact with two parties for buying the television i.e. David and Peng. Anita first bought the television from Peng for $550 and came back home to see that David was waiting for her.

David showed the television and wanted the $600 that it was worth. Anita was confused, and said that she never said she would buy the television. David became very angry, and told Anita that if she did not agree to buy she might find herself seriously harmed. Anita was frightened, and agreed to buy the television. Anita said he could bring it around the next day when she would have the money.

When Anita got inside she set up the television which she had just purchased from Peng. She watched it for a couple of hours to calm her nerves. After that time, the television started to smoke and the picture flickered and faded to black. Anita was upset, and took the television to an electrician. The electrician said that there was a major fault in the television and that it had most certainly been faulty when she purchased it.

Issue

There are two primary issues in this case. Firstly, David is forcing Anita to purchase the television from him at $600. So the first issue remains that is Anita forced to purchase television from David even though they did not has any written contract. Secondly, Anita had just bought a television from Peng at $550 and after coming home has found it faulty. Can Anita take a legal action against Peng in this case to get her money back from Peng.

Rules

In order for an agreement to become a binding contract, offer and acceptance must become complete through communication thereof. Both offers and acceptances are revocable by their makers before a certain time ends, and not afterwards. This has important implications for the negotiating parties in that they have to discharge obligations created by default arising out of failure to duly communicate offers, acceptances, and their revocations.

Communication and revocation of offer and acceptance, that has been made by acts or omissions of the party concerned (section 3), would constitute complex area in the law of contract. On the other hand, this area of law of contract is also very old, calling for its rationalization in the face of the needs of the modern time.

According to s. 4, Contract Act 1872, the communication of offer/proposal becomes complete when it comes to the knowledge of the offeree. The communication of acceptance becomes complete as against the proposer when is put in a course of transmission to him and goes out of the acceptors’ power and as against the acceptor when it comes to the knowledge of the proposer.

The above statements give an idea as to the time by when revocation of offer and acceptance is possible. Thus, when an offer is easily revocable before it reaches the offeree, it is also revocable thereafter but before the acceptor posts off/transmits the acceptance. Accordingly, revocation of acceptance is possible before the acceptance comes to the knowledge of the proposer. These rules are categorically provided for with illustrations in section 5, CA 1872. [4]

Some words on the rule of abidingness of acceptance must be said here. Section 4 literally means that a proposer is bound by its proposal as soon as its acceptance is transmitted by acceptor even if that acceptance reaches the proposer extremely lately or never. This is a harsh rule indeed, and is ‘neither technically nor economically sound’.[5] As one author remarks, the rule ‘does not at all consider the knowledge of the proposer as to the acceptance of his proposal’, which indeed is clearly unrealistic in this era of technological advancement.

Formation of a contract: no specific law; can be in writing (setting out terms and conditions or stipulations) oral (even consider quasi-contract, informal contracts): To obtain the protection of law written contracts need to be written on papers of tk. 250 non-judicial stamp (see the Stamps Act 1877). In the same vein, the CA does not make registration of contract compulsory. There are, however, certain contracts registration of which is compulsory, with the consequence that these contracts, when not registered, are deprived of legal protection. Examples are contracts transferring immoveable property.

Generally, when contracts are being negotiated, pre-contractual statements are made between the parties in the natural course of discussion, some of which may become part of the contract, and others which may serve only as inducements to one party or the other to enter the contract. Statements which are intended by the parties to have contractual effect are known as ‘contractual representations’ or ‘terms’. Statements which induce a contract but are not intended by the parties to become part of the contract are known as ‘non-contractual representations’ or ‘mere representations’.

For the purposes of this course, and to avoid possible confusion, we shall use the word ‘representation’ in the latter sense, namely those pre-contractual statements intended to induce a contract but which do not form a part of the contract. Hence, representations must be distinguished from statements that become part of the terms of a contract and will therefore give the innocent party a right to terminate and/or sue in the event of their breach. Representations must also be distinguished from the self evident exaggerations in sales talk and mere advertising “puff”, such as “the best little car in town.” In certain circumstances, a representation may amount to a misrepresentation, and allow the contract to be avoided by the party to whom it was made.

Undue influence involves the improper use by the dominant or ascendant person of such ascendancy (over the other person) for their own benefit (or someone else) so that the acts of the person influenced in entering into a contract are not free and voluntary acts (from Union Bank of Australia Ltd v Whitelaw [1906] VLR 711 at 720 per Hodges J). That is, the exertion of influence by A over B to such an extent that B is prevented from exercising his independent judgement in entering into the contract. Where it is shown that a contract was tainted with undue influence, the remedy for the innocent party is rescission, whereby the parties are returned to their pre-contractual circumstances.

Where the parties are not in a relationship of confidence or trust, but the contract is alleged to have arisen from some improper influential conduct by one party to the other, undue influence will need to be proved as a fact. In such a situation, the party seeking to rescind the contract for undue influence has the burden of proof. Here, the courts take into consideration evidence of inadequate value in the contract or a great imbalance in the terms of the contract favouring the stronger party, amongst other matters.

Unconscionable conduct results in the Law allowing contract to be rescinded. For un-conscionability, there is no need for any relationship of trust or confidence as generally in undue influence, just a special disadvantage. Hence, a transaction will be unconscionable only if the party seeking to enforce the transaction has taken unfair advantage of their superior bargaining power, or of the position of disadvantage in which the other party was placed. Importantly, the doctrine of unconscionable conduct looks to a special disadvantage of one party to the other. Just what amounts to unconscionable conduct is something which is objectively assessed by the courts.

Application

Firstly the agreement of Anita to buy television from David can be categorized under the law of undue influence. As discussed above, whenever a contract was tainted with undue influence, the remedy for the innocent party is rescission, whereby the parties are returned to their pre-contractual circumstances. So in this case, Anita is not bound to pay $600 to David and forcefully but the television. She has every legal right of getting out of this agreement as it was done under undue influence of David. In the second scenario wherein Anita has got a faulty television from Peng, she definitely has the right to take legal action against Peng. A good has to be delivered in proper working condition without any breach of faith under the law of contract. However, the television sold by Peng to Anita was a faulty piece for which he claimed full amount. Anita can certainly sue Peng to claim for all the damages and money.

Conclusion

There were two primary issues in this case. Firstly, David is forcing Anita to purchase the television from him at $600. Secondly, Anita had just bought a television from Peng at $550 and after coming home has found it faulty. Can Anita take a legal action against Peng in this case to get her money back from Peng. According to the analysis of the legal scenarios, Anita is not bound to pay $600 to David and forcefully but the television. She has every legal right of getting out of this agreement as it was done under undue influence of David. In the second scenario wherein Anita has got a faulty television from Peng, she definitely has the right to take legal action against Peng.

 

 

 

References

IFRS and the US. (2008, Nov). Retrieved Sep 03, 2012, from www.pwc.com: http://www.pwc.com/ca/en/ifrs/united-states.jhtml

IFRS Compared to US GAAP an overview. (2009, Aug). Retrieved Sep 03, 2012, from www.in.kpmg.com: https://www.in.kpmg.com/securedata/ifrs_Institute/Files/IFRS%20compared%20to%20US%20GAAP.pdf

IFRS Resources. (2011). Retrieved Sep 03, 2012, from www.ifrs.com: http://www.ifrs.com/index.html

IFRS Vs GAAP: Accounting Framework & Financial. (2010). Retrieved Sep 03, 2012, from www.caclubindia.com: http://www.caclubindia.com/forum/-ifrs-vs-gaap-accounting-framework-amp-financial–58197.asp

Transitioning to IFRS. (2008, Aug 22). Retrieved Sep 03, 2012, from www.ey.com: http://www.ey.com/Publication/vwLUAssets/HotTopic_first_time_transition_IFRS_aug08/$file/HT_first_time_transition_IFRS_aug08.pdf

Beatson, J. (2008). The Imposition of Contractual Liabilities Upon Third Parties. In J. Beatson, Anson’s Law of Contract (p. 453). New York: Oxford University Press.

Duhaime, L. (2010, May 12). Law Resources by Topic. Retrieved Sep 03, 2012, from duhaime.org: http://www.duhaime.org/LegalResources/Contracts/LawArticle-87/Part-2-Privity-Consent-and-the-Reasonable-Man.aspx

Evans, R. (2011, 3 17). Real Estate. Retrieved Sep 03, 2012, from Mondaqu: http://www.mondaq.com/article.asp?article_id=125384

Ireland Law Reform Commission. (2008). Privity of Contract and Third party Rights. Ballsbridge Dublin 4: Law Reform Commission.

Narayan, S. (2008, July 14). Article Categories. Retrieved Sep 03, 2012, from JurisOnline.in: http://jurisonline.in/2008/07/privity-of-contract/

misperceptions that could occur, from awkward language translations to colliding customs

Question:

 

Imagine yourself as an employee of a company doing business in another country. Consider some of the misperceptions that could occur, from awkward language translations to colliding customs

Answer:

 

                Cultural diversity presents critical challenges in front of employees who work for company in some another company, in context of misconceptions related to diverse customs, cultures, awkward language translations, and others. Moreover, each culture is having its own rules and regulations, like: China is capitalistic nation that focus on producing the wealth as a result there is some times social unrest. When a Chinese leader goes to socialistic nation that focus on creating the people more sequels, they will face challenges due to difference in the country. Some of most common misconceptions in case of diverse cultures are: 1) pretending to believe and respecting the religion of business associates; 2) the way a Chinese communicates with the American is different. For instance, the Chinese complement his American associate for her long and silky hair. Further, he asks about the way she manages it. This question was not liked by the American as Americans do not like to have any personal questions about their private lives. 3) Like offering white chrysanthemums to Belgian host is not welcomed as this flower is offered only for marking mourning in case of Belgium. Thus, it can be seen that cultural diversity presents huge challenge for the employees operating in diverse countries.

 

Reference

 

Arthur, H. Bell and Dayle, M.Smith. (1999). Management Communication: Managing inter-cultural communication. USA: Wiley & Sons.

 

Identify points in Countee Cullen’s poem Heritage

Question:

Identify points in Countee Cullen’s poem Heritage or another poem of the Harlem Renaissance in which you see evidence of the notion of double-consciousness. Explain whether this notion is relevant to experiences of contemporary audiences.

100 Words

Sayre, H. M. (2012). The Humanities: Culture, continuity and change, Volume 2(2nd ed.). (2011 Custom

Edition). Upper Saddle River, NJ: Pearson Education

Answer:

In Countee Cullen’s masterpiece Heritage an avid reader can definitely find the existence of the notion of double consciousness which was made popular by Du Bois. The dilemma of being an African and an American who is not wholly accepted by the white populace of America has made its way into the poem Heritage meticulously. There are several lines in the poem which definitely point out the pathetic condition of almost all the African Americans during the Harlem Renaissance period who were not ready to sacrifice their African heritage and were not in a social position to accept being Americans as it was America in which they did lose their entire entity and transformed into beings who are neither blacks nor whites. But in my opinion, today’s black generation of the U.S. is more American than being African and today’s America is a democratic and cosmopolitan country where every citizen, irrespective of their ethnic origin, is American. And hence, the notion as depicted in Heritage is not so relevant to the American populace of this 21st century.

(177 words)

References

Kirby, D. K. (1971). On “Heritage”. Welcome to English « Department of English, College of LAS, University of Illinois. Retrieved September 4, 2012, from http://www.english.illinois.edu/maps/poets/a_f/cullen/heritage.htm

 

why you think an artist might choose to repaint a subject

Question:

Cézanne returned again and again to paint his mountain. Explain why you think an artist might choose to repaint a subject. In what ways is it the same painting? In what ways does it become different?

100 words..

Sayre, H. M. (2012). The Humanities: Culture, continuity and change, Volume 2(2nd ed.). (2011 Custom

Edition). Upper Saddle River, NJ: Pearson Education.**** Please use reference if available.***

Edition). Upper Saddle River, NJ: Pearson Education.

Answer:

To depict a thorough description of the changing faces of the same subject of a painting in accordance to the changes in time, season, and situation, Cezanne painted Mont Sinte Victoire again and again. It is always a longing for a true artist to explore into the deep philosophy of his or her subject of painting and being a maestro in the realm of painting Cezanne was no exception. Moreover, in my opinion though the aesthetics of a particular painting changes according to its repeated depiction in different manners along with its hue, its message, and its interpretation, the subject remains the same.

(103 words)

References

Paul Cézanne – Montagne Sainte-Victoire (series of paintings). (n.d.). theArtWolf.com – Art and the art world. Retrieved September 4, 2012, from http://www.theartwolf.com/landscapes/cezanne-montagne-sainte-victoire.htm

 

Reading Chapter 2, 3 and 4 of book (Oral Interpretation by Gura&Lee

Question:

Zingertales Analysis

 

  1. Reading Chapter 2, 3 and 4 of book (Oral Interpretation by Gura&Lee).

 

  1. Visit the storytelling video website of the Public Library of Charlotte and Mecklenburg County at: http://www.youtube.com/playlist?list=PL3CBF81A9437FC47B

 

Listen to all of the stories (there are 11 of them as of the beginning of the semester lasting a total of 50 minutes), and then choose three that you think are the best performances. Using the information in Guran&Lee’s Oral Interpretation, chapter 2 ,3 and 4, write a short essay (approximately 500 words for EACH of the three stories you like) where you name the stories and performers you selected and identify the story telling skills of the performances you have selected. Be sure to write about their vocal expressiveness (p.92-97 of Oral Interpretation) and bodily expressiveness (p120-135 of Oral Interpretation). Use the Oral Interpretation to inform your writing, being certain to cite specific pages in the book and connecting the concepts with the performance.

 

  1. Then describe what skills you want to develop to improve your story telling experiences.
  2. Most importantly, you cannot have any spelling or grammar mistakes. Please examine it carefully after complete writing to make sure whether all the sentences make sense.

Answer:

Zingertales Analysis

Essay 1

Link:

http://www.youtube.com/watch?v=VQdA7C- xPXM&list=PL3CBF81A9437FC47B&index=1&feature=plpp_video

Speaker: Vera

Name of the story: Foolish rabbit – Big mistake

Summary: The story is about a rabbit who kept worrying. One day he worried about the world coming to an end and then as a coconut fell, he got scared and started running. He told other animals also to run with him. Once everyone found out that it was only a coconut they got really angry with him.

What I liked and storytelling skills

The story teller began the story with the title of the story and why she had chosen the story. Then she goes on to explain the basic brief of the story where in a rabbit assumes as to what would happen to him if the earth came to an end and other worried that the rabbit had. The story was well explained with several expressions and in a clear manner. The voice tone modulation and enthusiasm in voice is of great impotence as it brings in exuberance in the storytelling experience and makes it interesting to listeners. It helps grab attention and also hold the audience.

Moreover the slight mimicry, expression in voice, speed of telling and vocabulary along with clarity of voice expression and have helped create a higher level of effectiveness in the story telling process. It has helped the speaker bring out the story as well as its moral very clearly. Moreover it is a simple story and the way in which it has been presented can engross children and other audiences equally well.

Skills that I wish to develop to improve story telling experiences

After watching this video I am keen on developing voice modulation skills as well as smooth flow in storytelling. Fumbling sometimes and being nervous does make a negative impact on the audiences. I wish to develop confidence like her and be able to be as expressive as the speaker has been. This can help me express better. Parts of the story wherein she lowered and increased the pitch based on which animal’s conversations she was explaining was extremely impressive and so I like this video a lot. Moreover as she explains she also uses hand gestures appropriately. All of these story telling skills can help me improve my story telling skills. I would like to improve my methods of storytelling and be more engaged and engrossed while telling a story.

Conclusion

To conclude, in this way the usage of verbal narration helps express a story beautifully. Usage of voice modulation techniques like change in pitch and expression at the same time also helped her use subtle ways of expression thus increasing the chances of success of this story telling experience. As it had to be made realistic and at the same time it required to be subtle, usage of several other techniques including hand gestures was extremely beneficial to this storytelling experience.

Essay 2

Link:

Speaker: Amanda

Name of the story: Cook brothers

Summary: It is a story of two brothers who wish to bring change just for the sake of change which is not a good thing. They would ride on a horse every Friday to the town for alcohol. But once they just decided to get a car. They got into trouble because of it and realized that they should have stuck with the horse.

What I liked and storytelling skills

The things that I liked the most in this video is that the speaker linked the story and its moral to real world experiences and examples. It was highly suitable for the audiences that were not children. It helped grasp thinking and imagination. There is a lot of details given which helps make the most difficult stories be well understood. There are certain repetitions and this makes the flow of the story telling extremely interesting. It helps bring in ease of conversation. The vocabulary used includes slang which makes it easier to comprehend. Moreover subtle hand gestures and expressions make it even more interesting. In this way there are several examples and facts presented thus making it interesting and humorous. It also does have a mystery in it because we cannot identify as to what the end would be and this makes it difficult for people to lose interest in the middle of the story.

Skills that I wish to develop to improve story telling experiences

Humor, in story telling is an extremely important a skill that I would like to develop. It helps bring in an instantaneous connection with audiences and in this way creates appropriate levels of interest as well as effectiveness in the story telling experience. It helps bring about tremendous association. I would also like to develop the skill of associating the story with real life facts so that it becomes easier for people to relate to what they are being told. It can help bring about a change in the way people look at life and can also help me with story telling experience for difficult and complicated stories. Moreover humor does make the dullest of the stories lively and hence it is crucial for me to develop the skill of humor as well.

 

Conclusion

To conclude, in case of societal acceptance and self esteem as well, a child may most importantly need to learn to express and this can be developed if they hear to stories that are expressive like the one told. It can help people associate the story with their life and hence it helps them remember the lessons forever. It can help bring in enthusiasm and happiness especially with the use of humor, slang and informal expressions. It helps people like the story and also get entertained along with learning which is essential.

 

Essay 3

Link:

Speaker: Sussane

Name of the story: King of the cats

Summary: The story is of eight cats along with a procession of the dead cat which happened to be the King of the cats. The author was surprised to see this procession and when he reaches home to tell this story to his wife, his own cat says, that as the King of cats is dead, so now he is the King of the cats and disappears.

What I liked and storytelling skills

Expression and actions along with voice modulations are some of the skills in this storytelling that I liked. It showed the usage of hand moments and expression of certain words through action which make it easier to understand, especially for children. There is a control over the speed of the conversation and this is also a very useful skill. All of these help understand the moment. A story without a moral and appropriate links are difficult to be told and the speaker was able to do just that with a lot of ease. She was able to hold attention and also bring about interest by creating suspense and mystery and not giving away the end. It being an old Irish tale, making everyone understand it needed a lot of effort and distinction in style of narration. The addition of voices of cat also was a remarkable skill. Moreover as the story was being said there was no unnecessary details brought in and yet it was made interesting. Brevity in narration is the most difficult thing to be established since there are just a few facts and making the story interesting becomes difficult. Yet the speaker was able to achieve this very well.

Skills that I wish to develop to improve story telling experiences

Skills that I wish to develop and improve my story telling experience includes brevity as well as voice modulations and actions. I wish to be able to express better with the usage of actions and bring about a drastic change in my story telling experience. I wish to develop the skill of being able to say a lot with few words by using the appropriate vocabulary and this can result in higher levels of effectiveness in my story telling experience. It can help me achieve growth in my story telling methods as I would be able to express better, especially with the usage of gestures. It can help bring in appropriate stops in the story where in the pause can also create an atmosphere. I would like to develop all of these skills.

Conclusion

To conclude, techniques used in a story are extremely important an element as they help enhance the impact of a story. There are several skills that can help a story teller be more effective as the audiences are engrossed. So engaging the audiences and holding their interest and attention does require the usage of expression skills where in words and the voice added to these words help understand a situation or a story in a better manner. In this way the story told was extremely effective as well as engrossing and along with being brief it also helped create better levels of thoughts and expression in the story appropriately.