Free Will Essay

Vilayandur S. Ramachandran came from a distinguished family in Tamil Nadu, India, and was neuroscientist, which is a field of study encompassing the various scientific disciplines dealing with the nervous system. Ramachandran’s views on the brain and how it works are discussed in his work â€Å"The New Philosophy†. In his essay he discusses the nature of consciousness, discussing the effects of certain mental states and their influence on the body and the brain. One of his main topics, however, is the Ramachandran’s view of free will. He suggest that â€Å"†¦ neuroscience intersects with philosophy because the question of free will has been a philosophical problem for hundreds of years and more† (Jacobus 569). He discusses the significance of the brain imaging that shows a â€Å"readiness potential† and what it really means to have a free will. Through his essay, though, it is interesting to point out where religion and Christianity stands on the issue of free will and whether Christians are puppets under God’s command. Ramachandran poses this question about free will: â€Å"Is your brain the real one in charge, making your free will only a post-hoc rationalization; a delusion..? † When a special experiment was underway, it was discovered that when a person was told to move their finger within the next ten minutes at their own free will, their brain would kick in almost a second before the actual willingness to move the finger. This posed the original question stated above and brought on other questions as well. If this person is now shown the screen displaying the signal from the EEG scanner hooked up to your brain, they can then see their free will. They will then have three options: 1) They will experience a sudden lack of will, feeling as though the machine is controlling them, making them feel like a puppet. 2) They will refuse to have their belief of their free will to be altered but instead believe that the machine has some â€Å"paranormal precognition by which it is able to predict your movements accurately† (Ramachandran 559-60). 3) The person will reconfigure the experience in their mind, and cling to their sense of freedom, denying what their eyes have seen as evidence and maintain that â€Å"the sensation of will precedes the machine’s signal, not vice versa† (Ramachandran 560). The point when the brain would â€Å"kick in† before the movement is called the â€Å"readiness potential†. The â€Å"readiness potential† is what happens when there is a change in the electrical activity of the brain that occurs before the subject’s conscious decision to move a muscle (medical-dictionary. thefreedictionary. com). Ramachandran believes that â€Å"†¦ there is an inevitable neural delay before the signal arising in one part of the brain makes its way through the rest of the brain to deliver the message†¦ natural selection has ensured that the subjective sensation of willing to delay deliberately to coincide not with the onset of the brain commands but with the actual execution of the command by your finger† (Ramachandran 560). Ramachandran is a firm believer in evolution, believing that the events must have some sort of evolutionary purpose. â€Å"On one hand,† he says, â€Å"this experiment shows that free will is false and cannot be causing the brain events because the events kick in a second earlier. But on the other hand, the pause must have some purpose, otherwise why would the delay have evolved† (Ramachandran 560). Though these events have a purpose, evolutionary is not the answer. In Joshua 24:15 it says â€Å"Choose for yourselves this day who you will serve, as for me and my household we will serve the LORD. † God gives mankind a choice to follow Him and so free will is a gift from God as something to be accepted. Humans have the gift of God to reject or take the free gift that He offers. If humans really are descendants of apes, then when did the gift of free will come into the evolutionary chain of today’s mankind? John 7:37 says â€Å"Anyone who is thirsty may come to me. † It is an offer. Not a demanding command. ‘Anyone who is thirsty may come to me’, shows us that God does not want us to be without his living water and without him, but it is our choice whether we choose to accept God’s free gift of salvation. When studying free will in the Bible and through works of literature like Vilayandur S. Ramachandran, there will always be people on both sides of the argument. Do we have control of our own destinies or are we merely puppets in God’s giant game of the world? My personal beliefs on the subject are as I have stated in this paper: Though God has a control over the destiny of the world and each of our lives, he gives us a chance to make a decision to follow him or to ignore the free gift of his son that he has offered to us. John 3:16 it says: â€Å"For God so loved the world that he gave his only son that whoever believed in him would have eternal life in Christ Jesus our Lord. † Works Cited Jacobus, Lee A. A World Of Ideas. 8th ed. Boston: Bedford/St. Martin’s, 2008. Print. The Free Dictionary. Medical Dictionary. Online source. http://medical-dictionary. thefreedictionary. com/readiness+potential Bible. New Living Translation.

Bridge Collapse in Minnesota

The collapse of bridge I-35W in Minnesota during the rush hour of August 1put tremendous pressure on the reliability and safety of our bridges nationwide. Countless investigations and precautionary measures were done to make all bridges pass standard procedures and render it safe for both the vehicles and passengers. At the same time it gave dent to our structural designers ability to come up with a truly sound structure and bridge design. In this research paper we will try to dwell into the process involving bridge design, the different design loads, proper bridge repair and the type of bridge design used by engineers on the I-35W.After the collapse, we shall also try to decipher the expert opinion on the real cause and give credence to their theory on the failure of the gusset plate. We will also discuss the implication of the collapse of the bridge to the engineering profession, particularly if the failure was caused by defective design theories. And lastly after all is said and d one, I will try to give my assessment on the matter based on the materials culled from the different websites of the Internet. The Design Process The design of a structure (buildings or bridges) follows a tedious and complex process.Bridges for example needs extra meticulous observation because it carries moving loads and design flaws could only be accurately gauged if the sequence is subjected to a computer generated simulated stress diagrams. In this way structural designers can pinpoint the areas within the structure that is most likely to suffer fracture in extreme cases of bridge overload (BridgeArt). In the case of Bridge I-35W in Minneapolis, the designer may have been correct in all his assumptions as guided by the Design Manual of the American Institute of Steel Construction (AISC).From the dead load to the perceived moving loads, to the snow load and impact loads and also the necessary factor of safety were all incorporated in his design observation. Proof of the matter is the said bridge continued to thrive since its erection in 1967 and only collapsed four decades later. What may have caused the collapse of the bridge? Serious design errors could not be faulted because it should have failed at the onset – when the bridge was first used by the commuting public. Certainly the culprit could be poor maintenance procedures or bridge repairs.The Bridge Repair Data gathered from MN-DOT reveals that the bridge underwent major deck paving in 1970 and 1990. This twin repairs has already added tremendous dead load to the structure. Prior to the collapse of the bridge another paving was underway and materials were stockpiled on the deck plus the various equipment doing the repair job (Obi-Akpere). The recent resurfacing of the bridge placed an additional deadweight to the structure, roughly about 300 tons and may have triggered the demise of bridge I-35W (Obi-Akpere).The Bridge Design Design Engineers from the University of Minnesota in its report, foun d the bridge to be a non-redundant structure – meaning that all structural components act together and if one member fails the entire structure would collapse. Besides, the arched structure rests on only four pylons and failure of one especially during tremors would be catastrophic (Week III). The bridge I-35W is a typical three span continuous deck truss with a jargon of steel members and with the roadway on top.To protect the bridge from lateral movement because of extreme temperature changes (expansion and contraction), bridge bearings were used to allow the structure free movement (Week III). The Investigation From the wreckage of the collapsed bridge, investigators found several fractured gusset plates. Calculations were made on the stress capacity of the gusset plates and were found to be way deficient and the loads applied on the bridge were over their design limit. But no design imperfections were observed on the structural members (Samuel).This goes to show that fail ure of the structure emanates from too thin gusset plates, which could have been a construction error rather than a design flaw. Common sense dictates that a gusset plate should not be lesser in cross sectional area to a particular member served. In this case if proper construction procedure could have been followed, then structural failure should have been evident in the structural members (Roy). Or structure failure could be manifested in the welded joints or on the construction rivets and bolts.But such is not the case, then blame should be shouldered by the contractor for possibly undertaking stringent cost cutting measures or on his failure to notify the design engineer of the undersized gusset plates. And the MN-DOT field engineers likewise for its failure to spot the defective components installed in the structure (Gilbert). Also inspections were made by MN-DOT personnel on the bridge, but sad to say that they were unable to spot the defective gusset plates.Any ocular inspect ion would be useless unless field engineers would dutifully check each structural member by using calipers, particularly the thickness of the structural members. All the data are feed to their computer design software and only then can they be certain about their structural assessment (ArtiFactor). Implication to Engineering The collapse of bridge I-35W is a slap to the engineering profession, because it will tend to show that structural designers failed to provide safety nets to our structures not only on bridges but also buildings.It will put into question and scrutiny the methods and theories put forth by icons of the industry. For over 100 years our structural designers have practiced the profession based on the tenets of the formulas perfected by pioneers of the profession and a miscue like the collapse of the bridge will render all of these to naught. This will have a global effect, because everybody will now put to test the safety of our structures. With a disaster of this ma gnitude, people will now question the relevance of our structural design principles.Have we really made an accurate engineering theory and formula that could be fundamentally applied to bridge design? Or do we need to further hone our skills in order to come up with a design principle that will truly address such structural deficiencies? Engineers will now be irrelevant because what they have studied and practiced through the centuries will be rendered useless. It will be back to square one since all structures will now be deemed unfit for human habitation.What will now become of the human population – probably live in tents and simple lean-to structures? Development will be in a stand still as everybody will be wary of building structures, much more live in it. But initial finding from investigators is a breath of fresh air to structural designers. They only found errors in judgment in the use of materials and components not on the structural design. This will prove beyond d oubt that they have practiced sound design principles and that resulting structures are safer than ever. ConclusionIn the ensuing investigation, it is my opinion that what caused the collapse of bridge I-35W is not the design flaws (although evident) but the haphazard repair on the bridge made by personnel of the MN-DOT. Take note that resurfacing was made on the bridge for three occasions, one in 1970, 1990, and the one prior to the collapse of the bridge. Each time the bridge was resurfaced, almost 15,000 cubic feet of material was poured over it. This is only for the longest span of 458 feet and a width of 113 feet or roughly 8 road lanes, the one span directly over the river.This alone constitutes over 2,500 tons added to the original design load, and since this is done three times, the additional deadweight is tremendous. At the time of the incident equipment and materials were stockpiled making the structure grossly overloaded, no wonder the bridge collapsed (Week III). By the way repairs have been made on the bridge, it was actually an accident waiting to happen. It was never the fault of the structural designer, not even the contractor for he knew his responsibilities.But had they followed the steel design manual on gusset plate design, the structure could have survived the additional deadweight imposed on it. References American Institute of Steel Construction, Inc. 1967. Manual of Steel Construction. sixth ed. American Institute of Steel Construction: United States. Artifactor. â€Å"I-35W Bridge over Mississippi River collapsed! † Science Buzz. 2 August 2007. Science Museum of Minnesota. 4 February 2008. .BridgeArt. 2007. Long Tail Group. 4 February 2008. < http://www. bridgeart. net/software_database/>. Gilbert, Steve. â€Å"Design Flaw caused MN bridge collapse. † Sweetness and Light. 15 January 2008. 4 February 2008. < http://sweetness-light. com/archive/design-flaw-caused-mn-bridge-collapse>. Obi-Akpere. â€Å"The Critical Factor Why Minneapolis Bridge Collapsed. † NowPublic. 16 January 2008. 3 February 2008. < http://www. nowpublic. com/environment/critical-factor-why-minneapolis-bridge-collapsed>. Roy, Jennifer.â€Å"Design Flaw Identified in Minnesota Bridge Collapse. † Design News. 15 January 2008. 4 February 2008. < http://www. designnews. com/article/CA6522883. html>. Samuel, Peter. â€Å"MN/I-35W bridge collapsed because several gusset plates were grossly undersized – engineering error the cause. † TollRoadsnews. 15 January 2008. 3 February 2008. < http://www. tollroadsnews. com/node/3346>. Weeks III, John A. â€Å"Old I-35W Bridge. † John Weeks Homepage. 2005. 3 February 2008. < http://www. visi. com/~jweeks/bridges/pages/ms16. html>.

Fiedler contingency model Essay

Whenever and wherever human beings are gathered together in large numbers, they need leadership. Even children need their school prefects and schools captains! Men whether of the East or the West, require to be led and each group ‘throws up’ its own leaders in each succeeding generation. Whether in the school-room, or on the battlefield or in governmental deliberations, people who are natural leaders and who are chosen to lead, always have the same qualities of character and of outlook. In order to become the best leader the person should possess several qualities that will be described in this essay. Leadership is an indispensable activity, which every leader has tap perform for directing the people, working under him. It is the ability of the Leader to induce subordinates to work with confidence and zeal. In other words â€Å"Leadership is the process by which an leader imaginatively directs, guides and influence the work of others in choosing and attaining specified goals by mediating between the individuals and the organisation in such as manner, that both will obtain maximum satisfaction. As a matter of a fact many people choose their perspective leader by appearance, however it is their fault. Some people have a misconception that only those people who are physically strong can become good leaders, but this is not the fact. A leader may not be physically strong but he needs to be mentally strong and firm in decisions. For example, Mahatma Gandhi, the Father of the Nation was the greatest leader but he was active and had a firm desire to serve the Nation. He had the power of organizing and uniting people and attracting people towards him by his speeches. This is the best quality of a leader which he had in him. We can also say that, a person who can satisfy the basic psychological needs of his followers can also be an effective leader. Leadership is a quality which cannot be acquired by any person from the other but it can be acquired by self-determination of a person. Leadership can best be called the personality of the very highest ability-whether in ruling, thinking, imagining, innovation, warring, or religious influencing. that only those people who are physically strong can become good leaders, but this is not the fact. A leader may not be physically strong but he needs to be mentally strong and firm in decisions. For example, Mahatma Gandhi, the Father of the Nation was the greatest leader but he was active and had a firm desire to serve the Nation. He had the power of organizing and uniting people and attracting people towards him by his speeches. Being altruistic and farseeing also affect the leadership. A leader has to use his/her brain every time and also has to remain alert with eyes and ears open otherwise he/she could easily be carried by any fraud or enemy. Many a times we see such situations around us, where a person in trouble or problem doesn’t hesitate in blaming and embarrassing even his closest friend to save himself, and also does not bother about his friends at all because the person has to get rid of his problems anyhow. So, he just thinks about himself and his life, the life of other does not matter to him much. Almost all of us are having one or more such close friends, so a leader should always keep in mind that he should not trust even his closest friends more than required as it can create problems for him. At the time of war, an Army Officer who leads his soldiers as to apply his brain every second and has to be attentive while marching ahead. A Police Officer has to be attentive always while he is at work as his duty is to control crime and provide safety to the people. The political leader of a county should be most intelligent as the security of not only few people but of the whole nation depends in him in one way or the other. Therefore, we can say intelligence and alertness are the indispensable qualities of a leader. As for example, one of the greatest leader of his time, Winston Churchill could win the Second World War just by applying his brain and his alertness. A leader should also be an optimist having a positive attitude. he should not think negatively or plan something showing negative attitude. A person who thinks or plans something’s showing his negative attitude never be a Leader. A leader should always be courageous. He should have courage to face the troubles or problems and solving the problems by himself in place of blaming and embarrassing others. Cowards, who at the time of facing problems or troubles in their life try to blame and embarrass others can never succeed in their life. Such person remain at the same place where they stood in the beginning. To gain height and achieve something, one should come out of cowardness, jealousy and should become innovative, courageous, action-oriented and optimist. A good leader has all these qualities in him. To elaborate further the qualities of a good leader there are three theories of leadership and these are (a) trait theory (b) behavioral theory and (c) situation theory. The first approach (trait theory) views leadership as a conglomeration of a set of personality traits. The older tradition in these studies of leadership has been the search for a cluster of traits, attributes or other types of individual difference, which see leaders apart from their followers or which distinguish effective leaders from ineffective ones. A good leader, as it found more often, is a good teacher. Instead of bossing his followers or group members – a good leader always helps them through experience that brings a changed mind and motive. The leaders are rarely born. Favorable circumstances and perseverance – these are the main components of the education of any leader. Therefore, if your goal – to take the lead, develop those qualities that, in your opinion, still do not meet the â€Å"standard. † The aforementioned characteristics can help people to make great strides in being leader regardless of sphere of work, as human should preserve the humanistic thought. Finally, a good leader must be faithful to his group members and activities. This in turn, will result in an atmosphere of assurance among the followers. Having faith in self abilities and the world around him/her the leader gains inspiration and also inspires others in the process.

The History of Chair Design (18th century to current) Case Study

The History of Chair Design (18th century to current) - Case Study Example A chair refers to a structure, which is raised from the surface, is stable, and is commonly used by one person to sit (Dampierre 5). The actual and historic sense of the term chair is the fact that it is supported by mostly three or four legs and has a back. However, the chair can have a different shape depending on the chair’s specifications criteria. Even though it has been stated that a chair has a back, some form of chairs such as stool do not have a back. Chairs do have various designs depending on the culture and the surrounding environment. The chair design may have drilled holes for decoration, low gaps or back for ventilation, or may be made of porous materials (Greene 21). The history of chair is as old as the history of humankind; chairs have been used in many centuries. Although chair is of extreme simplicity and antiquity, for many years it was used more as an article or item of dignity and state especially among the kings. However, this has changed over time with chair becoming a structure of ordinary use. It is undisputable that chair design has evolved in terms of design and technology. Therefore, this discussion will focus on the history of chair design in particular reference from the 18th century to the current. To begin with, it is important to consider the essence of design in chair just like in any other article or structure. Chair design puts into consideration the intended purpose and usage of the chair, stackability, weight, stain resistance, foldability, artistic design, durability, and ergonomics, which emphasizes on how comfortable the occupant of the chair is. The seating position of the occupant is determined by the intended usage (Fiell 15-16). As such, there are various designs for intended usage. For instance, easy chairs are most suitable for entertainment activities such as watching movies or television, task chairs are designed for specific persons depending on the nature of their work. Therefore, the essence of chair design is to ensure that certain purposes are met in addition to facilitating that the occupant of the chair is comfortable. The logic behind ergonomic design is to ensure that the occupant’s weight is distributed to different parts of the body. Chair design should therefore be in such a way that it does not compromise the occupants comfort and performance of tasks. Factors such as the height of the seat are very important and needs to be considered during the designing of chair (Fiell 28). This is because a chair, which is higher, may lead to feet dangling thus increasing pressure on the knees’ underside. On the other hand, a lower chair may result to shifting of too much weight towards the seat bones. The period from 18th century to current has witnessed major innovations about chair designs. Wood workers played a very critical role in these innovations. The most notable one is Thomas Chippendale who even left his own design marks the history of chair. The chairs by Chippendale were designed artistically; legs, splats, and carved back pieces were proportioned well. Most of Chippendale’s chairs have either square legs or cabriole. Chippendale design dominated most of the 18th century. The design reflected the some of the English tastes of that time and incorporated Chinese, Gothic, and English motifs (Raizman 9). The cabriole leg was Chippendale’s signature form. The cabriole design mostly employed the Queen Anne- style. There are six different Chippendale style legs namely-

Total and partial loss Marine Insurance Act 1906 Essay

Total and partial loss Marine Insurance Act 1906 - Essay Example Britain is the mistress of the seas, and its history is inextricably linked with the mastery of seamanship. The empire and its commerce were built upon transoceanic mercantilism, for which reason the UK has developed a relatively stable marine insurance law. Being well aware of the perils of the sea and the risks it poses to oceangoing vessels bearing valuable cargo, the development of marine insurance against losses due to oceanic misadventures is a natural development for a country like the UK. This paper shall treat specifically on the nature and types of losses that may be covered by marine insurance under the Marine Insurance Act 1906, and apply the provisions and jurisprudence concerning actual and constructive total loss to the case of Masefield AG (Insured) v Amlin Corporate Member Ltd (Insurer). The intention is to draw insight about the type of losses which marine insurance may or may not cover in the case of losses due to piracy. Marine Insurance Act 1906 s 56 The Marine I nsurance Act 1906 is a codification of the law of marine insurance as it existed at the turn of the century.2 It defines a contract of insurance as ‘a contract whereby the insurer undertakes to indemnify the assured in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.’... (4)Where the assured brings an action for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5)Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial, and not total.’ 6 Actual total loss. From this enumeration, the kinds of losses which may be claimed against insurance are actual total loss, constructive total loss, and partial loss. Actual total loss is described in section 57, constructive total loss in section 60, and partial loss which is covered under sections 64 to 66, all under the Marine Insurance Act 1906. The Marine Insurance Act 1906, similar to common law, recognises only two principal kinds of loss – total loss and partial loss, pursuant to section 56 (1) and (2) of the Act. Actual total loss is defined in section 57 (1) as follows: ‘Where the subject-matter i nsured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss.’7 This pertains to any subject matter insured, such as ship, cargo or freight. The first and last parts of section 57 originated from the observation by Lord Abinger made in Roux v Salvador,8 which constituted the basis of marine insurance was articulated in this manner: ‘The underwriter engages, that the object of the assurance shall arrive in safety at its destined termination. If, in the progress of the voyage, it becomes totally destroyed or annihilated, or if it be placed, by reason of the peril

The impact between organisation culture and the role of the manager Assignment

The impact between organisation culture and the role of the manager - Assignment Example nes ‘Corporate Culture’ as †The philosophy, values behavior, dress code etc that together constitute the unique style and policies of the Company..† In the words of Welford and Prescott, ‘Corporate Culture is â€Å"a set of shared values, beliefs and attitudes, held in common by the people of that Company.† So a reasonable dimension of Organizational Culture has emerged and we can understand that this merely refers to the mental makeup of persons governing the organization, those employed by the organization and those in business with the organization. Every organization is made up of both ‘formal’ as well as ‘informal’ dimensions. According to (Blau and Scott, 1962) it is simply not possible to know or understand the workings of an organisation without a sound understanding of its informal character.† According to a study made by Pettigrew â€Å"organizational cultures consist of cognitive systems explaining how people think, reason, and make decisions (Pettigrew, 1979) Some researchers argued that the concept of organizational culture emerged in part out of the dissatisfaction with the fundamental inadequacies in traditional methods of exploring the dynamics of organizations (Van Maanen, 1979; Evered and Louis, 1981). According to Welford & Prescott organization, Culture that is in existence stems form a variety of elements, like background of the organization, the social environment, the economy, educational levels of its employers and employees, language, ethnic practices, climatic conditions etc and these conditions govern the makeup of Culture that plays a role in how people in the organization are treated, what type of decisions are being taken, how the organization present itself and what message does it project to the outside world. Simply explained ‘Power Culture’ refers to those people who wield the highest power in the organization, in addition to how this power is used. This would provide the root for the culture that a

Use of Derivatives in Risk Management Research Paper

Use of Derivatives in Risk Management - Research Paper Example The global economic environment and the financial market have evolved drastically over the past decade. With the advent of information technology at a rapid pace, the financial markets of the world are now closely integrated. Due to this phenomenon of the world being a global village, a turbulence originated in a far distant financial market can have eventual consequences all across the globe. With the revolution in the communication technology, the access to information is instantaneous and thus the subsequent market reactions. It is of prime importance to understand the concept that how does financial risk arises in order to safeguard’s one asset from deteriorating while being exposed to such risks. For any organization or a company, the financial risk arises by entering into a financial transaction such as sales, purchase, investing into securities and bonds, sanctioning of loan and advances, mergers and acquisition transactions, debt financing etc. Financial risk is directly co-related to the prevailing financial prices in the markets, as the fluctuation in these prices causes an increase in the cost to the companies, reduction in the revenues and thus adverse impact on the profitability of the company. These underlying financial prices can be anything ranging from the market interest rates, exchange rates and commodity prices. Other aspects which yield financial risk in the transactions are dealing in derivatives and internal failures of the process and people of any organization. The financial r isk management process mainly copes with the uncertainties resulting from the financial market. The first and foremost step in this process is to identify the current exposure of the company and devise strategies accordingly keeping into consideration the priorities of the company. It depends upon the proactive decision making and the decisiveness of the company on how to cope with the current exposure of the company. In general, companies do realize that avoiding all risk is not possible in order to operate and thus they end up accepting a considerable amount of risk. Risk management is considered to be an ongoing process as the strategies needs to be updated and refined keeping into consideration the market norms and requirements. These changes are primarily brought about by the changes in the expectation about the market rates, business norms and practices and the international financial scenario. The most common strategy practiced by the companies all across the global financial market is to curtail their exposure to risk through the use of derivatives. Risk Management Process Risk management process is a continuous and iterative process which requires analysis of both internal and external risk factors. The

Dell Research Paper Example | Topics and Well Written Essays - 500 words

Dell - Research Paper Example Its foreign market entry has been easy owing to an enlargement in its customer base and via acquisitions from the time of its inception. Apart from desktops and PCs (personal computers), Dell also offers devices for data storage, network switches, servers and computer peripherals. It also sells cameras, MP3 players, HDTVs, printers and other electronics. It also offers software and hardware in third-party. This has given it recognition in the foreign market (Kyle 17). Dell opened in the United Kingdom its first international subsidiary. It used a trade show in Spring Comdex to unveil its fastest performing PC (Personal Computer), with a 12 Megahertz, 286-based system. The industry opened other subsidiaries in Japan and Australia as their first entries into the region of Asia Pacific. The corporation continued to grow and even opened a manufacturing center in Ireland (at Limerick), in order to offer better services to clients in the Middle East, African continent and European continent. It launched Dell.com website, opened a first customer in Asia-Pacific (in Penang, Malaysia), and launched premier pages for its corporate customers. It also opened manufacturing centers in China, Xiamen, and a second in Texas. It broadcasted its manufacturing sites in the United States, Brazil and Ireland. Dell has also partnered with other industries basing on the Code of Conduct by Electronics Industry (Kyle 23). Dells potential competitors include Acer, Samsung, Sony, Toshiba, Apple, Asus, IBM, Lenovo, Gateway, Sun Microsystems, MSI and HP (Hewlett-Packard). Dell seems to show no interest in alliance with any of its competitors. It has tried to remain in stiff competition by improving on its marketing strategies and expanding its product line. Dell and Alienware (Dells subsidiary) compete against VoodooPC (HP s subsidiary) Falcon Northwest, AVADirect,

Business Plan for a new Iphone development company Essay

Business Plan for a new Iphone development company - Essay Example In fact the Primus Digital Company in the oligopoly market requires strategic thinking unlike other market forms such as perfect competition or monopolistic competition. Oligopoly can provide a different range of outcomes. In some cases company can employ some restrictive trade practices. In other situations, competition between sellers in an oligopoly market can be relatively low prices and high production. Built by Apple Inc. the Apple iPhone is a phone that has many applications such as ‘ifart’, ‘iamrich’ running on its platform. In fact the Apple iPhone has thousands of applications running on its platform such as music, games, cookery, jokes and so on. The company began as Apple Computer, Inc. in Cupertino, California on April 1, 1976 and incorporated in January 3, 1977. There is great demand for the Apple iPhone in the UK market and in fact O2, Apples exclusive UK mobile phone partner reports that, â€Å"pre-order demand for new 3G iPhones crashes O2s website within an hour of going live†. Demand for the new 3G version of the iPhone has outstripped supply, and O2 says it has run out of stock for customers wanting to pre-order the device before it goes on general release. Primus Digital Company has realized this and has been quick to take advantage of it by coming up with some music software applications that could be seamlessly integrated into Appl e iPhone platform. The existing customer profile for Apple iPhones is not only richly varied cutting across customer demographical barriers but also includes such variances as against competitors’ in capabilities For instance competitors are faced with enormous barriers to entry that European Union regulators have come to accept as inevitable. Primus Digital Company is a new company looking to develop music software applications which could be integrated to the Apple iPhone platform. Primus Digital Company is a small scale software development company in UK . It was

Answer a few questions to participate in a volunteer trip abroad Essay

Answer a few questions to participate in a volunteer trip abroad - Essay Example lusions about what I will face there having seen the devastation on the news and having heard first-hand accounts from family members who have suffered through the crisis. Im well aware that the trip will be a difficult one and I will have to prove myself in the field. Nevertheless I feel completely prepared and willing to undertake this challenge. I work very well in team situations and have always developed a good rapport with peers, co-workers, professors and employers. While I highly enjoy teamwork I also have the motivation and knowledge to work efficiently and independently on major projects. I work extremely well under pressure and have always been able to put my best forward and receive top results. Results are important to me. I was taught from a young age to strive to do my best in everything I do. I always reach for the top. I want to be a leader and do my best in the field in Haiti. I know that leadership means having integrity and believing in what youre doing. I also think this would be a very serious and intense learning experience for me and would allow me to reach outside of my comfort zone and test myself.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is very important to understand different cultures and to be respectful towards them. I strive, in everything I do, to follow this rule. Im of Haitian descent so Haiti is not a different culture than mine, and I can fit in there. But with other cultures I am always sure to do my best to be respectful. I often buy food from a small Korean grocery near my house. Although the people there often do not speak English I do my best to great them politely in simple language. When there is a misunderstanding over the price I calmly take the time to talk to them. Get angry never solves anything. As I explained earlier, the earthquake was personally devastating for me as I knew people who live in Haiti. It was a truly traumatic occasion. I remember weeping as I saw the images on television and feeling powerless. I went to church and

Gendering the Mythic World - Greek myth Essay Example | Topics and Well Written Essays - 2250 words

Gendering the Mythic World - Greek myth - Essay Example It gives the information about the origin of all natural phenomena and mostly reflects the lives of ancient gods and heroes. The predominance of mythological consciousness refers mainly to the archaic era, associated primarily with its cultural life in the system of sense organization, where myth played a dominant role. In myths, people consider the events in a particular time sequence. However, the most important place takes not the frames of time, but starting point and essence of the story. Later Greek poets of early antiquity refused to use irony in relation to the myths, but exposed them to strong recycling, elevated by the laws of morality. In the mythological world, authors represent peace as the tribal community that unites its members. It forms a common model of life and behavior. â€Å"Classical Greek culture was strongly marked by gender segregation. Generally, the public sphere was associated with men, the domestic, with women. This segregation arises from Greek ideas ab out the human body and the biological differences between males and females. Although women’s bodies and voices were strictly controlled or semi-secluded in most areas of ancient Greek public life, women did have important public roles in one area: religious ritual. While women worshipped both male and female divinities and acted as priestesses in cult even as men acted as priests, performing many of the same activities, Greek ideas about the body affected ritual aspects of nonverbal behavior, especially regarding clothing, voice, and gesture† (Calef, S., 2009). The gender relationships in ancient Greek are one of the most interesting issues for the modern scientists. They predetermined the main peculiarities of coexistence of mortals and gods in the ancient world. The aim of this work is to analyze gender relationships in ancient Greek and their valuable features on the basis of myths. In ancient

A Woman To Her Lover Essay Example for Free

A Woman To Her Lover Essay Write a critical analysis of Christina Walshs poem A Woman to Her Lover. Compare and contrast the poem with others you have studied in the unit. Christina Walsh, a female poet, wrote the poem ‘A woman to her lover’ as a free verse. A free verse is a poem with an irregular stanza length, no rhyme scheme and no syllabus count. Writing it as a free verse reflects her point which is women is can change their attitude towards men. She broke all the rules of poetry, this shows that women do not have to be weak towards men, it does not have to be the same as tradition, the man does not have to control the women, they can have equal love. Stanza one in Christina Walsh’s poem suggests slavery. She uses the word ‘bond slave’, which means a slave that does something without saying anything. Christina Walsh uses an image of a war, ‘as conqueror to the vanquished’. As she is the defeated, then she is forced, which shows that they are enemies. She does not want to be possessed by any one, she refuses it, and ‘O Lover I refuse you!’ she also uses an exclamation mark that shows she is serious. Christina Walsh uses alliteration of the letter ‘b’ throughout the whole poem. This is called a labial plosive. ‘To bend†¦Ã¢â‚¬â„¢, ‘bond slave†¦Ã¢â‚¬â„¢ and ‘to bear’ are used in stanza one, this shows that she is angry and being very assertive. ‘To bear your children, wearing out my life’ uses caesura to balance the two ideas. She is saying that if she gives him children, it is equivalent to wearing out her life. She tells him ‘O lover’ right after the caesura that makes the phrase very strong. It is emphasized. Stanza two in Christina Walsh’s poem suggests a very different idea. It shows that she does not want to be treated as an angel that never does any mistakes or to be worshiped as a goddess, no one is perfect and neither is she. ‘Go! I am no doll to dress and sit for feeble worship’, this shows that she thinks it is pathetic to treats someone like they are perfect and that they are just there to pleaseyou.Throughout the stanza, Christina Walsh uses alliteration in the letter ‘w’, ‘wed†¦Ã¢â‚¬â„¢, ‘word and wish’, ‘wingless†¦Ã¢â‚¬â„¢ and ‘worship†¦Ã¢â‚¬â„¢ This gives a soft sound that reflects how the man sees the women. She then uses the word ‘Go!’ to show that what she is saying is straightforward, which again shows that she is against being loved for her beauty and perfection. She then calls him a ‘fool’ and tells him again, ‘I  refuse you’. This shows that she is convinced with her point and the repetition shows that she I against both points she has mentioned. ‘Sonnet CXXX’ by William Shakespeare can be linked with the second stanza of Christina Walsh’s poem. They both agree about the same idea. They both suggest that women should not be loved for her beauty. At the beginning of the sonnet, the reader starts to feel that Shakespeare hates the women. He says ‘My mistress’ eyes are nothing like the sun’, this shows that she is not good looking; she is not beautiful. However, he concludes that even though she is not beautiful he loves her more than any beautiful girl has ever beenloved.The poem is a sonnet. This means it contains fourteen lines made up of three quatrains and a rhyming couplet at the end. Only in Shakespeare’s sonnets, the rhyming couplets conclude his point. It is also written in iambic pentameter. Shakespeare is against the idea of tradition and courtly love; he is against the idea that the man describes the women as if she is the most beautiful women on earth. He says that his love to his mistress is ‘rare’ even though he does not describe her as beautiful. Describing her as beautiful would be ‘false compare’. The third stanza in ‘A Woman to Her Lover’ Christina Walsh is trying to show us that she will not be a sex object that satisfies her husband’s desires, and neither will any women of her time. She says ‘not for you the hand of any wakened woman of our time’. She uses the word ‘wakened’ to show that this concept is not for any woman, it is for any aware and educated woman that knows her rights. Christina Walsh repeats the word ‘Or’ in both stanza two and stanza three. This shows that she has a list of ideas that she will make her refuse a man. She also uses the word ‘creature’. This shows that if she accepts the face that a man wants to marry her tofu fill his desires then that is not any better than animals.  She says ‘women of our time’ to show that this way of a relationship is old-fashioned and no one will accept, as now it is not the same as the olddays.The poem ‘To his coy mistress’ shows a teenager that is trying to convince his girlfriend to have sex with him. The boy gives her a list of reasons why she should have sex with him now.

Force majeure and hardship

Force majeure and hardship INTRODUCTION A basic and universally accepted principle of contract law is pacta sunt servanda. This principle means that each party to an agreement is responsible for its non-execution, even if the cause of the failure is beyond his power and was not or could not be foreseen at the time of signing the agreement. The principle reflects natural justice and economic requirements because it binds a person to their promises and protects the interests of the other party. Since effective economic activity is not possible without reliable promises, the importance of this principle has to be emphasized. On the other hand, practice has demonstrated that on many occasions application of this principle may lead to the opposite of its aim. That is to say, the situation existing at the conclusion of the contract may subsequently have changed so completely that the parties, acting as reasonable persons, would not have made the contract, or would have made it differently, had they known what was going to happen. This situation is unlikely to arise with short-term contracts, which often exhibit a simple structure where non-performances are exchanged for money. In international trade, however, many contracts are of a more complicated structure, and even if they are not long term contracts, they frequently exist over a substantive period. International trade transactions generally imply a greater element of uncertainty because they are subject to political and economic influences in foreign countries. Different legal concepts deal with this problem of changed circumstances and provide for the discharge of the duty to perform of one or both parties when a contract has become unexpectedly onerous or impossible to perform. The classic concept of force majeure is primarily directed at settling the problems resulting from non-performance, either by suspension or by termination. Concepts likeimpr ¿Ã‚ ½visionor hardship are mainly directed at the adaptation of the contract. Although all legal systems take notice of the situation of changed circumstances, the conditions under which they allow the defence of force majeure vary. Furthermore, the adaptation of the contract is not universally accepted. Attempts have been made to tackle these problems on an international level. In particular, the United Nations Convention on Contracts for the International Sale of Goods (CISG) addresses the issue of changed circumstances. It avoids reference to the existing concepts because it has developed a system of its own. This concept, however, is generally not regarded as being able to solve the problem entirely. Parties to international sales transactions, therefore, frequently include special clauses in their contracts dealing with matters of hardship and force majeure. This paper aims to give some idea of the concepts of hardship and force majeure in the context of international sales transactions. First, the concepts will be discussed on a theoretical basis. The different approaches to the situation of changed circumstances in the major legal systems will then be discussed. Article 79 of the CISG will be introduced, interpreted, and its scope determined. It will then be possible to ascertain if, to what extent, and what kind of clauses dealing with the matter of changed circumstances, should be inserted into international sales contracts. Force majeure and hardship clauses will then be discussed in more detail. Finally, the use of standard forms of contract, with special regard to the UNIDROIT Principles of International Commercial Contracts, will be considered, and a recommendation as to force majeure and hardship clauses will be made. FORCE MAJEURE AND HARDSHIP THE CONCEPTS IN GENERAL The two major legal concepts dealing with the problem of changed circumstances are those of force majeure and hardship. In order to understand the interpretation and discussion of Article 79 of the CISG and the deliberations on force majeure and hardship clauses in international sales contracts, the two concepts first have to be considered on a general and theoretical basis. 1. Force majeure The concept of force majeure, providing for the discharge of one or both parties when a contract has become impossible to perform, has evolved progressively in international trade practice by assuming many original and autonomous features distinct from similar legal concepts. The approach of municipal legal systems to situations of force majeure varies from country to country. Despite these circumstances, certain general characteristics of the conception of force majeure can be determined. The roots of the classic concept lie in the Code Napol ¿Ã‚ ½on, from which the words force majeure (an irresistible compulsion or coercion) are taken. An English courts interpretation of the words held that they have a more extensive meaning than act of God or vis major. Act of God is defined as an event happening independently of human volition, which human foresight and care could not reasonably anticipate or avoid. According to the judgment, the words force majeure could cover the dislocation of a business due to a universal coal strike or accidents to machinery, but would not cover bad weather, football matches, or a funeral.In Brauer Co. v. James Clark it was held that a party could not rely on force majeure simply because the price it was required to pay for the goods was considerably in excess of the price at which it had contracted to sell them. In more general terms, it can be said that force majeure occurs when the performance of a contract is impossible due to unforeseeable events beyond the control of the parties. The following is a possible definition of force majeure: Force majeure occurs when the law recognizes that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which the performance is called for would render it impossible. I promised to do this but I cannot due to some irresistible unforeseeable and uncontrollable event. A similar definition is contained in Article 7.1.7 of the UNIDROIT Principles of International Commercial Contracts where, under the headline of Force majeure, it is stated that a partys non-performance is excused if that party proves that the non-performance was due to an impediment beyond its control, and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome the impediment or its consequences. The aim of the classic concept of force majeure, as is reflected in Article 7.1.7 of the UNIDROIT Principles, is to settle the problems resulting from non-performance either by suspension or termination. 2. Hardship The concept of hardship is usually discussed in the context of hardship clauses, which are frequently introduced into contracts in international trade. The term hardship, however, has also been used in legislation, e.g., in the Australian National Security (Landlord and Tenant) Regulations and the Landlord and Tenant (Amendment) Act 1948-1964. With respect to those rules, courts had to interpret the term hardship and determine its scope. Thus, it was held that hardship, as used in the National Security Regulations, may be regarded as the subjective effect of a detrimental nature upon the person concerned. In another decision interpreting the Landlord and Tenant Act, hardship was said to include any matter of appreciable detriment whether financial, personal or otherwise. The circumstances in which hardship generally exists (as usually set out in hardship clauses) normally incorporate three elements. First, the circumstances must have arisen beyond the control of either party; self-induced hardship is irrelevant. Second, they must be of fundamental character. Third, they must be entirely uncontemplated and unforeseeable. A clear descriptive definition of hardship is contained in the UNIDROIT Principles. It reads as follows (Article 6.2.2): There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a partys performance has increased or because the value of the performance a party receives has diminished, and the events occur or become known to the disadvantaged party after the conclusion of the contract; the events could not reasonably have been taken into account by the disadvantaged party at the time of the conclusion of the contract; the events are beyond the control of the disadvantaged party; and the risk of the events was not assumed by the disadvantaged party. The concept of hardship intends to solve problems of such fundamentally altered circumstances by adapting the contract to the new situation. 3. Differences between the two concepts The concepts of hardship and force majeure seem to be related to each other, particularly since they share some features: they both cater to situations of changed circumstances. The difference between the two concepts is most aptly described in such a way: hardship is at stake where the performance of the disadvantaged party has become much more burdensome, but not impossible, while force majeure means that the performance . . . the party concerned has become impossible, at least temporarily. Moreover, there seems to be a functional difference between the two concepts. Hardship constitutes a reason for a change in the contractual program of the parties. The aim of the parties remains to implement the contract. Force majeure, however, is situated in the context of non-performance, and deals with the suspension or termination of the contract. DIFFERENT APPROACHES OF DOMESTIC LEGAL SYSTEMS The approach of municipal legal systems to the problem of changed circumstances varies from country to country. Although all these concepts are related to each other, since they share important features, the distinction between them is extremely important in drafting choice of law clauses in international contracts. Furthermore, it is important to have knowledge about the law that will apply when a force majeure or hardship clause is left out of a contract, and no unified international rules are applicable. Moreover, in order to have relevance and serve a purpose, force majeure and hardship clauses should differ from the doctrine that would be applicable to the problem of changing circumstances, if such clauses were left out of the contract. Thus, the scope of those doctrines has to be determined. The illustration and comparison of force majeure and hardship will also give a deeper insight into the structure and functioning of these concepts in general. For this purpose English, American, French, German and South African law and their approaches to the situation of changed circumstances will now be analyzed. 1. England Consistent with the common law approach to strict liability for breach, the traditional common law rule was that conditions rendering performance impossible, that occurred after the execution of a contract, did not excuse performance. The reason for this was stated inParadine v. Janewhere the Kings Bench held that: When the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by the contract. Such a rigid interpretation prevailed in the United Kingdom until 1863. InTaylor v. Caldwell the court changed its traditional opinion: the strict rule should only apply when the contract is positive and absolute, and not subject to any condition either express or implied. The court held that in contracts where performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance. With this theory of implied condition, the doctrine of impossibility was introduced into English law. The concept of frustration, which developed from the doctrine of impossibility, is based on the sole interpretation of the intent of the parties. If stemming from an act of God, the performance of a contract is to take place under circumstances which are totally different from what the parties envisaged, and therefore, the agreement is frustrated. The concept originates from the famousCoronation cases. For instance, in one such case, an apartment was rented for one day because it afforded a privileged view of the Coronation parade of Edward VII. When the parade was cancelled due to the Kings illness, the landlord sued for the rent. The court, however, decided the contract was frustrated because its execution was fundamentally and essentially different from what the parties had intended. According to the doctrine of frustration, the concept dealing with situations of changed circumstances in English law today, a contract can be frustrated by impossibility, physical, e.g., destruction of the subject-matter, or for legal reasons, e.g., illegality, or by the occurrence of a radical change in circumstances, so that the foundation of the contract has been vitiated. If the contract were to retain its validity under such changed circumstances, it would amount to a new and different contract. The doctrine, by covering situations which do not amount to the impossibility of the performance is thus wider than the concept of force majeure. When a contract is frustrated, a judge cannot amend or adjust it to the new situation. Frustration simply discharges the contract. Although the prerequisites of frustration are rather similar to those required by the concept of hardship, the former is final, by disallowing the adaptation of the contract, directed at another aim. 2. United States Also based on the doctrine of impossibility and its further developments, the United States doctrines regarding changed circumstances are carefully defined in both the U.S. Restatement (Second) of Contracts and the Uniform Commercial Code. Section 261 of the Restatement (Second) is entitled Discharge by Supervening Impracticability and reads as follows: Where, after a contract is made, a partys performance is made impracticable without his fault by the occurrence of an event, the non-occurrence of which was a basic assumption in which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary. The Uniform Commercial Code, in Section 2-615, entitled Excuse by failure of presupposed conditions also employs the term Impracticable. In both statutes this term encompasses impossible. The relevant paragraph of U.C.C. Section 2-615 reads: Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not in breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was the basic assumption on which the contract was made or by compliance in good faith with any foreign or domestic governmental regulation or order whether or not it later proves to be invalid. U.C.C. Section 2-615 Paragraph (b) contains an allocation requirement in the event only part of a sellers capacity to perform is affected. Paragraph (c) states a notice requirement. According to its wording, U.C.C. Section 2-615 only excuses the seller from the delivery of the goods contracted for. The general belief, however, is that this provision is to be considered equally applicable to buyers. The concept of commercial impracticability, which discharges a partys duty although the event has not made performance absolutely impossible, has been adopted in order to call attention to the commercial character of the context in which the excuse defence is used. Courts, however, have been reluctant to accept anything short of impossibility as an excuse for performance. The United States approach to situations of changed circumstances is broader than that of the classical concept of force majeure. The United States approach does not allow the adaptation of the contract and because of the courts way of treating impracticability, it is not as far-reaching as the concept of hardship. 3. France Under French law, the line is drawn between the impossibility of the performance on the one hand, i.e., force majeure, and, on the other hand, circumstances which destabilize the contract where economic conditions are such that fundamental and far-reaching changes occur. The latter is called the doctrine ofimpr ¿Ã‚ ½vision. In France, the principlepacta sunt servanda(as incorporated in Article 1134 of the French Civil Code) prevails over the principlerebus sic stantibus. If the contract does not contain any provision regarding events of changing circumstances, then, the performance of the contract will be enforced without any changes to the contract. A judge is not supposed to appraise the economic situation of the parties or to rule in equity against the wording of a contract. In principle, the only excuse for non-performance of the contract is force majeure. The doctrine ofimpr ¿Ã‚ ½visionhas not been adopted by French courts. Article 1142 of the French Civil Code stipulates that any obligation to do, or not to do, is dissolved by damages whenever the debtor does not execute the obligation. Article 1148, however, specifies that damages are not due in the case of force majeure. While courts have applied those Articles strictly, some change and more flexibility is noticeable in recent case law. Although courts do not apply the doctrine ofimpr ¿Ã‚ ½vision, they have not explicitly rejected it. The application of Article 1148 requires four conditions to be fulfilled simultaneously: the event is irresistible (this clearly distinguishes the force majeure fromimpr ¿Ã‚ ½vision): the event must be unforeseeable: the event is to be an outside one: The failure of suppliers or subcontractors or associates is no excuse for the contractor: the debtor is not at fault: The event should be unavoidable and absolutely beyond the control of the debtor. Article 1148, in recognizing that a contract can be discharged due to force majeure, is not mandatory law. Parties are free to give their definition to force majeure events and the judge has to respect such definition. As the roots of the classical concept of force majeure lie in the Code Napol ¿Ã‚ ½on, this concept and the present approach to the problem of changed circumstances in France, correspond widely. A greater degree of flexibility in the latter has only been noted recently. The doctrine ofimpr ¿Ã‚ ½visionis the counterpart of the concept of hardship. The former, however, is not part of French law. 4. Germany The German approach to the problem is rather flexible. Under German law, the rulepacta sunt servandais certainly not adhered to anymore in the strictest sense. This is not surprising in a country where, after World War I, the value of the items on the menu in a restaurant could change between the placing of the order and the arrival of the bill. As a general rule, section 275 of the B ¿Ã‚ ½rgerliches Gesetzbuch discharges the debtor of his obligation if, after the conclusion of the contract, its performance was rendered impossible for reasons other than negligence, his own fault, or the negligence of his employees. The impossibility of performance (Unm ¿Ã‚ ½glichkeit) can be of a physical or legal nature. The performance may still be possible at a later time without unreasonable damage to the other party. As a consequence of World War I, some judges and legal scholars began advocating the doctrine ofUnm ¿Ã‚ ½glichkeitfor application to economic impossibility. According to such experts, the debtor cannot be forced to comply with efforts or sacrifices which are beyond what parties reasonably envisaged in good faith. This doctrine is called Opfergrenze. The doctrine ofOpfergrenzeis a suitable stepping stone to the famous German doctrine of theWegfall der Gesch ¿Ã‚ ½ftsgrundlage. According to the latter doctrine, every contract has a basic aim, emanating from a basic intention of the parties, which cannot be achieved or realised in the absence of an existing environment, e.g. the prevailing economic and social order, the value of the currency, normal political conditions, etc. This definition of theGesch ¿Ã‚ ½ftsgrundlagebears close resemblance to therebus sic stantibus doctrine in international public law treaties. A line should be drawn between the so-called erg ¿Ã‚ ½nzende Vertragsauslegung (an interpretation of the contract which fills gaps) and theGesch ¿Ã‚ ½ftsgrundlagenlehre.According to the former, which requires a gap in the contract, the function of the judge is to complete the contract, whereby he should give an interpretation of what the parties actually would have wanted if a given event had been contemplated. According to theGesch ¿Ã‚ ½ftsgrundlagenlehre, the judge is not only allowed to complete a contract, but depending on the object of the contract, the judge can also change its terms or terminate it. There is a little difference and if so, not an essential difference between the reasoning in the classical force majeure concept and the German reasoning in theUnm ¿Ã‚ ½glichkeit. Furthermore, the doctrine of theWegfall der Gesch ¿Ã‚ ½ftsgrundlage, aiming at an adaptation of the contract, is very similar to the concept of hardship. 5. South Africa Until 1919, there was a general assumption that . . . no difference between South African law and English law on the effect of supervening impossibility. The English approach was adopted in a number of cases until the case ofPeters, Flamman andCo v. Kokstad Municipality was decided. According to this case, if a person is prevented from performing his contract byvis majororcasus fortuitus. . . he is discharged from liability. In applying the principle that supervening impossibility discharges the contract, impossibility must be given the same meaning as when initial impossibility is under consideration, i.e., the impossibility must be absolute (as opposed to probable and relative) and it must not be the fault of either party. Most important is the fact that, ifvis majororcasus fortuitushas made it uneconomical for a party to carry out its obligations, it does not mean that it has become impossible. Additionally, sincePeters,Flamman and Co.there is no room in South African law for the English doctrine of frustration. The decision in the recent case ofKok v. Osborne and Another, however, could be a first step toward recognition of the concept of commercial impossibility in South African law. The plaintiff in this case (Mrs. Kok) entered into a contract of sale as the buyer . . . wrongly assumed that the seller had already been paid by a third person. The court held that the contract between the litigants hinged on the assumption that the defendant indeed had been paid, which in fact did not happen, and that the contract failed due to supervening impossibility of performance. In this case, the courts opintion was that South African law recognises commercial impracticability as a form of supervening impossibility as does the English. This decision, however, has been heavily criticised by commentators for different reasons. As a result, the doctrine of frustration under the English law is not a recognised part of South African law. Moreover, it is properly stated that supervening impossibility is not applicable in the present case. For these reasons, it is not likely that the case ofKok v. Osborne and Anotherconstitutes the starting point for a change in the South African approach to the problem of changing circumstances. Thus, one can conclude that the South African approach corresponds with the concept of force majeure. Situations of hardship do not discharge a party of its liability. ARTICLE 79 CISG Article 79 is the provision of the CISG, that deals with situations of changed circumstances. More precisely, it deals with the circumstances in which the buyer or seller may be excused from performance of his contractual obligations because of an extraneous event that is judged sufficiently important to warrant the excuse. This is a situation which is referred to as frustration, force majeure orWegfall der Gesch ¿Ã‚ ½ftsgrundlagein different legal systems. In subsequent chapters the legislative history of Article 79 and its significance for international trade will be outlined. Its contents, scope of application, and legal effect will also be analysed and evaluated. A. The significance of the CISG for international sales transactions Never before has the increase in international commerce been as significant as it has been during recent decades. Many difficulties occur in the context of an international sale of goods as a consequence of the considerable differences in the national rules governing the law of sales. Thus, the expanding volume of international sales requires a common understanding of the legal rights and duties among partners to an international transaction. The CISG is understood as a modern uniform substitute for the wide array of foreign legal systems. It is based on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF), drafted by the Rome Institute. These two Conventions had a rather limited success; only nine countries have become members. The United Nations Commission on International Trade Law (UNCITRAL), therefore, in a further attempt to unify the law governing the international sale of goods, prepared the Draft Convention on Contract for the International Sale of Goods. This was finalised at a diplomatic conference in Vienna in 1980 and entered into force in 1988. Nations are now ratifying or acceding to this Convention at a pace comparable to that of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards when it was promulgated. The latter is said to be the most successful instance of international legislation in the history of commercial law. The CISG harmonised interests and ideas of different legal systems and of countries on different levels of economic development. Thus, a text that is suited for implementation in civil law countries and common law countries and for economies that are developed and those which are developing. According to Article 1, the Convention applies to international contracts for the sale of goods (if the parties have not rejected its application in their contract Article 6) when the States where the parties have their places of business, are in different contracting states, or the rules of private international law lead to the application of the law of a Contracting State. As more than fifty countries have already enacted the Convention, among them major trading nations like the United States, Germany, France, or China, the Convention can apply to a large number of transactions. This number will continue to increase with the accession of further countries to the CISG. Only ten years after entering into force, the Convention can already be considered a success. Its significance for international sales transactions will increase in future years. B. Legislative history of Article 79 1. The role of legislative history As previously discussed, the CISG was created to free international commerce from a babel of diverse domestic legal systems. The ultimate goal of the Convention is the uniform application of the uniform rules. The Convention will often be applied by tribunals (judges or arbitrators) who are only intimately familiar with their own domestic law. These tribunals will be subject to a natural tendency to read the international rules in the light of the legal ideas of those specific systems. In order to control the damage, there will be long-range correctives through international critique of questionable interpretations; to this end measures have been taken for the collection and publication of caselaw produced under the Convention, e.g., CLOUT (Case Law On UNCITRAL Texts). These measures, however, take time to become effective. Fortunately, there need not be a delay in using the legislative history, which sets out the evolution of the uniform law, to counteract the tendency to view the Convention through the lenses of domestic law. The Conventions legislative history provides an international reference point in applying the uniform international law, and its record clarifies the purpose and in tent of the Conventions words. 2. The evolution of Article 79 Article 79 is a revised version of the exemption clause in ULIS (Article 74). Its development, as a part of the CISG, went through three stages: (1) The UNCITRAL Working Group (1970-1977); (2) Review by the full Commission (1977-1978); (3) The Diplomatic Conference (1980). Article 74 ULIS was criticised during the discussions of the Working Group. The clause was thought to make it too easy for the promisor to excuse his non-performance of the contract. Grounds for relief were not only physical or legal impossibility, or circumstances which fundamentally altered the character of the performance owed, but the provision could also apply to situations where performance had unexpectedly been made more difficult. Several members of the Working Group were, therefore, in favour of restricting the grounds for relief and making them more objective. The Working Group set up a drafting party, but it could not agree on a revised wording. It submitted a draft which was provisionally adopted by the drafting party (Alternative A) and an alternative proposal of the Norwegian observer (Alternative B). Following a study by the British delegate, the Working Group adopted a version which largely followed Alternative A. This based the promisors liability on fault, but transferred the basic concept of the impediment taken from Alternative B into the first paragraph. The version was adopted as Article 50 in the 1976 Geneva Draft. In reformulating the grounds for exemption in Article 51 of the 1977 Vienna Draft, the former Article 50, the requirement of the promisor not being at fault was abandoned and replaced by an objective test of the impediment beyond control. The 1978 New York Draft adopted Article 51 of the Vienna Draft relatively unchanged as Article 65. At the Vienna Conference, the Norwegian delegation proposed that paragraph (3) be supplemented by stating that if a temporary impediment ceased and the circumstances had radically changed to such an extent that it would clearly be unreasonable to continue to hold the promisor to his obligation, he should be released from that obligation. It was, however, argued that such an extension would introduce theth ¿Ã‚ ½orie de limpr ¿Ã‚ ½visioninto the Convention, and the proposal was therefore rejected. There was, nevertheless, agreement that the limitation in paragraph (3) should be deleted, i.e., that an exemption was only for the period during which the impediment existed. Contents of Article 79 CISG The meaning and purpose of the different provisions of Article 79 will now be considered in more detail. 1. The general rule paragraph (1) Paragraph (1) sets out the conditions under which a party is not l

The State Of Male Privilege In Contemporary Society Sociology Essay

The State Of Male Privilege In Contemporary Society Sociology Essay The state of male privilege within society is greatly debated. Both past and present day academics, have considered the extent of its presence and effects within society in relation to spatial and geographical dimensions. Over time, a vast selection of literature claiming that male privilege heavily affects womens power and opportunity for equality between the sexes has accumulated. This literature is a reaction to issues such as women consistently taking lower wages in the workforce and being repressed by the family unit, cultures, religion, politics and society as a whole. This has resulted in limitations for women due to stereotypical gender roles reinforced in both work and home spaces. However, the increased empowerment of women must be noted through the last century, for example, when women won the right to vote. The last decade witnessed Farrells (1993) works on The Myth of Male Power which has cast a rather different light on the alleged privileges of man. Leaving one to ques tion whether, in fact, it is to women that freedom and privilege belongs; Goldin and Katz (2006) discuss this phenomenon in The reversal of the college gender gap. Are men perhaps, as Farrell (1993) suggests, perhaps the subordinated sex? For the purposes of this essay, male privilege will be defined as the notion that the male population of society is granted rights and statuses based strictly on the grounds of their gender, thus women are denied equal liberties. Patriarchy, as a concept strongly associated with male privilege is defined as a system of social structures and practices, through which men dominate, oppress and exploit women, according to The Dictionary of Human Geography (Gregory et al. 2009). Cosslett et al (1996) highlight the theme of patriarchy is evident within theological structures. They also refer to a verse from the book of Timothy in the New Testament which clearly suggests that women are subordinate to men. Let a women learn in silence with all submissiveness. I permit no woman to teach or to have authority over men; she is to keep silent. For Adam was formed first, then Eve; and Adam was not deceived, bit the woman was deceived and became a transgressor. Yet woman will be saved through bearing children, if she continues in faith and love and holiness, with modesty. (1 Timothy 2.11-15) 1 Timothy 2.11-15 suggests that women are the cause of sin and deception. Eve, as the representation of the female form was deliberately disobedient when provided with the opportunity to exercise her own authority. Christianity interprets this foundational allegory in order to offer an explanation for the sexual hierarchy existing within society. According to Therborn (2004), the world of patriarchy remained part of society throughout the 1900s. The law of the father remained a substantial part of understanding society during the 1900s. The role of the father was to rule over the children continuing into adult life, until they were married. It was generally perceived that men were super-ordinate to their wives, thus men had generational authority. So much so, that despite a general expectation that men should keep a mistress in Latin Europe and America, divorce was incredibly difficult and a uniquely male privilege in China and Muslim countries (Therborn, 2004). Female freedom was incredibly restricted, entirely controlled by their male authority, whether it be by their father or husband. Movement in public spaces for women was physically restrained almost everywhere, however, restrictions varied to a great extent. In North-America and North-western Europe, sexually ambiguous spaces including the streets after dark, restauran ts, theatres and other places of entertainment were usually off-limits to women unless being escorted (Therborn, 2004). However, Therborn (2004) noted that more extreme measures were taken to restrain womens movement elsewhere, for example, in an area of land between the Gangetic plains of the redundant Mughal Empire to the Atlantic coast of Morocco. Women of the upper conservative classes rarely left their female quarters, let alone their home; it was expected that they should only set foot outside their home for events such as their marriage, their fathers death and at their own burial. On the few occasions when they did leave their home, they were wrapped up and veiled. Therborn (2004) discusses not only the restrictions that were placed on womens movement through space but physical restraints places on their body by men. Women in China endured great suffering; forced to conform to the male concept of beauty their feet were broken and bound up as a tribute to their male authority. Jackson (1990) suggests that some homosexual men may have suffered oppression under patriarchy (such as compulsory heterosexuality), as well as the inherent exploitation of women. Brittan (1989, p.4) considers that masculinity or patriarchy assumes that heterosexuality is normal, it accepts without question the sexual division of labour, and sanctions the political and dominant role of men in the public and private spheres. Essentially certain forms of masculinity are privileged, subordinating other forms. Thus, homosexuality is treated as secondary to heterosexuality, just as women are to men. The continued oppression and abuse of women through time and place inspired the sentiments of Mary Wollstonecraft two centuries ago, who wrote, I [only] wish women to have powerà ¢Ã¢â€š ¬Ã‚ ¦over themselves, as highlighted by Finch (1996). As the second wave of feminism began to gain strength in Britain in the 1960s, views of the family changed, as feminists argued the family was a fundamental cause of womens oppression (Finch, 1996). Finch (1996) questions whether or not the family represents restriction of opportunities, thus positioning women as subordinates to men within the family unit. He suggests that the gender relations characteristic of the dominant family form are key to understanding a womans place within society. However, Finch (1996) argues that in recent years the family form has altered. Therborn (2004) suggests that the early twentieth century saw de-patriarchalization occurring at an incredible rate. No other social institution through time has been forced to retre at and loosen its hold as much. The retreat of patriarchy from society has been aided by legal enforcement; for example, when women (all over the age of 21) won the right to vote in 1928 as well as the UN declaration of human rights 1948, which stated: Men and Women of full age, without any limitations due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage, and its dissolution Marriage shall be entered into only with the free and full consent of the intending spouses So the family form has changed and continues to change; as the first wave of feminism spurred on de-patriarchalization in the early twentieth century followed by the second wave come the 1960s, womens rights within marriage and the family were increasing. A womans ability to succeed in the eyes of Mary Wollstonecraft has to go against the grain of social life (Finch, 1996, p.20), in combination with favourable circumstances allowing a woman to gain financial independence. However, Finch (1996) recognises that this remains a difficult task even at the end of the twentieth century. Callen and Wren (1994) report a sharp rise on the hourly wages that Irish women received relative to their male counterparts during the 1970s, after the introduction of the equal pay legislation and anti-discrimination legislation. Over the past few decades the male-female wage gap has seemingly shrunk by about half. This narrowing was particularly dramatic in the 1980s but since has levelled out and remained more stable (Doms and Lewis, 2007). However, it remains that women only earn approximately 70% of the amount their male colleagues earn for the same jobs. This is evidence that men seem to have privileges which women lack. Simon and Landis (1989) suggest that the wage gap between men and women cannot narrow to equality until both genders have equal employment. Conversely, most of the figures quoted for the male-female wage gap are for production workers in the manufacturing industry, but this group of workers amounts to just 1 in 3 of all employees and less than 1 in 5 of all fe male employees (Callen and Wren, 1994). Thus, it is debateable as to whether this sub-group of the economy can provide an accurate representation of the male-female wage gap. It is also important to note that women are more highly concentrated in the younger age groups within the workforce; 70% women: 52% men were aged 35 or below. This is usually attributed to many women, especially married women, tending to leave the labour market during the years of child-bearing and child-rearing (Callen and Wren, 1994). This can affect the wage gap because generally wage gaps for groups of a similar age, or possessing similar labour market experience are smaller. The wage gap is often around just 7% for those under the age of 35. Despite increasing numbers of women returning to work after having children, many still feel that child-care and other family responsibilities are the main reason that they did not seek out paid work. The presence of a pre-school child (age 0-4) makes it much less likely that a woman will return to work (Callen and Wren, 1994). This effect is not at all mirrored in the case of men. McDowell (1997) suggests that this is due to the binaries that exist in society; the workplace is a male dominated space while the home is a female dominated space. However, Hochschild (2003) notes a staggering increase in mothers returning to work in America with children aged 3 and under, from 34% in 1975, to 61% in 2000. 90% of women that do return to the workforce have found that they still are expected to be responsible for finding and organising childcare. Whilst this increase in the number of mothers that are working outside the home may suggest that women are gaining power over themselves, it may a lso be attributed to a change from Fordist notions of a family wage. Rather, womens work has absorbed the deindustrialisation of America and the decline in mens wages (Hochschild, 2003). In fact, Pratt (2002) predicts that by 2025 women in the UK will possess 60% of the nations wealth, and by 2020 just 47% of the UKs millionaires will be men. Garai and Scheinfield (1968) suggest that the majority of studies report that men advance further in the workforce, whilst women are left behind with the expectation to get married and have children because boys have a clearer concept of their future occupational roles, are more realistic in their vocational planning, and less frequently engaged in unrealistic fantasies and pipedreams about future happiness than girls. Is the privilege and success of men within the workforce due to a lack of aspiration and focus on employment from women? Or is it as Spencer and Podmore (1987) have suggested, that womens careers are unplanned due to an indecisive nature as well as suffering from breaks for child-rearing? This began to change as in the 1960s and 1970s, young womens expectations for their futures were changing, and no longer did they expect to follow in their mothers footsteps. By 1980, levels of male and female graduates had reached parity, but womens greater increase rate did not slow; in 2003, there were 1.35 for every one male 4-year college graduates, and 1.30 for every one male undergraduate (Goldin and Katz, 2006). Thus the 21st century witnessed a reversal in the college gender gap. This effect is not purely a phenomenon of the USA; it is now occurring in nearly all OECD countries. In the three surveys conducted to assess the college gender gap, Goldin and Katz (2006) reported that girls achieved consistently higher grades than boys did throughout high school. In the Wisconsin data of high school seniors graduating in 1957, the high school rank of the median girls was 21 percentile points above the median boy. This difference whilst less extreme still remained with a 16 percent ile point difference in 1992 graduated in the NELS data (Goldin and Katz, 2006). Therefore, demonstrating that girls have an academic privilege over boys. Evidence that the college gender gap and the male-female wage gap is narrowing perhaps lead to Farrell (1993) to question whether male power is a myth, further exploring the idea that men are not the privileged gender. Farrell (1993) considers the many ways in which women are argued to be subordinate to their male counterparts; feeling of powerless through fears of pregnancy, ageing, rape, date rape, and being physically overpowered, less exposure to team sports and its blend of competitiveness and cooperation that is so helpful to career preparation, greater parental pressure to marry and interrupt career for children without regard for her wishes, to name but a few. The conclusion to these experiences of women across the globe is that women have the problem, men are the problem (Farrell, 1993, p.27-28). However, Farrell (1993) then puts a different spin on the concept of gender privilege, claiming that men have a different experience. When a man tries to keep up with payments by working overtime and is told he is insensitive, or tries to handle the stress by drinking and is told he is a drunkard, he does not feel powerful, but powerless. When he fears a cry for help will be met with stop whiningà ¢Ã¢â€š ¬Ã‚ ¦ he skips past attempting suicide as a cry for help and just commits suicide. Thus menà ¢Ã¢â€š ¬Ã‚ ¦increasingly become the suicide sex. (Farrell, 1993, p27-28) Farrell (1993) suggests that when we look at life expectancy, we acknowledge that blacks dying six years sooner than whites reflects the powerlessness of blacks in American society. Yet a man dying on average seven years sooner than a woman is rarely considered a reflection of powerlessness. If the seven year gap is biological, why was it just a one year gap in 1920? If life expectancy is one of the best indictors of power, then suicide is one of the best indicators of powerlessness, Power is the ability to control ones life. Death tends to reduce control (Farrell, 1993, p27-28). Until boys and girls reach the age of 9 rates of suicide are equal, but from the age of 10, as a boy grows older he is far more likely to commit suicide than a girl of the same age. Between the ages of 20-24, a male is 6 times more inclined to commit suicide than a female. By the age of 85, the suicide rate for men has increased to 1350% higher than for women of the same age. This suggests perhaps that men h ave a less privileged life, for feeling more stressed with work may cause an inclination toward suicide. It is easy to ignore the influence and power that a woman possesses, which a mother can have over her children including both sons and daughters. But it is the mother who is able to make their childs everyday life heaven or hell through discipline, whether that be making their bedtime earlier, taking away desserts, or grounding the child if they do not obey (Farrell, 1993). Few men are able to say they hold this kind of influence or power. Despite the old saying that man is master of the house, many men feel they were visitors in their wives castle. A wife may feel that a mans home is his castle, but from a husbands perspective, his wifes home is his mortgage. In the past, the prohibition against divorce gave a woman security in her workplace (the home), knowing they would be supported. However, no man could say he had a similar security in his workplace; his source of income could fire him, whilst her source of income could not fire her. Even today, now that divorce is a legal option, if a man quits his job, he does not receive unemployment pay. Yet, if she initiates divorce, she is able to take a half share of their possessions. Perhaps then, women possess greater privileges than men? It has been a long held assumption that women spend a greater amount of time on housework and childcare than men spend working, concluding that women work two jobs, men work one (Farrell, 1993, p.37). However, a study by the University of Michigan (1991) found the average man worked 61 hours per week, while the average woman works 56 hours a week. A nationwide study in 1975 found similarly that husbands did 53% of the total work, including childcare, housework, work outside the home, commuting and gardening, while wives did only 47%. A mans freedom or lack of it has been compared to that of a slave; a slave is expected to give up their seat for a woman, or to help her put on her coat like a slave would for their master (Farrell, 1993). Men as opposed to women are expected to do societys most hazardous jobs, like ones slave would have been given (Farrell, 1993).The difference simply being societys rules and expectations of men, such as that of politeness, whilst slaves act out of subservience. A man may feel through expectation that in a sense he is being discriminated against, but there is evidence that women also experience this. Black congressman Shirley Chisholms statement that she faced far more discrimination as a woman than as a black was widely quoted (Farrell, 1993). Although, perhaps the greatest discrimination that American men experience of all, purely because of their gender, is the expectation that men and only men should be conscribed into combat in the case of war. Farrell (1993) explores the idea of the pro-choice woman and the no-choice man, arguing that registering all our 18-year old sons for the draft in the event of war is as sexist as registering all our 18-year old daughters for child-rearing in the event that the country requires more children. Is it fair that an 18-year boy can be barred from all federal employment from the US Post Office to the FBI, as well as facing a $250,000 fine and five years in prison if he refuses to register for the draft? Farrell (1993) suggests that in essence he is subject to being killed purely for not killing; for whilst in prison he will be subject to homosexual rape and thus AIDS because of his reputation for not wanting to fight. Is this fair, while a female who does not register is able to atte nd a state school or a private school with federal aid, get married, have children, or be single and work. In other words, a woman who does not sign up for the draft is free to live life as she pleases, while a man has an obligation to die (Farrell, 1993, p.130). To conclude, the understanding of male privilege has changed greatly over the last century. There are a great many examples over time and place which suggest that women have suffered under the dominance of man, but, it is by no means a universally accepted concept. Farrell (1993) has persistently argued that men find they are subordinates to women and children. Many of the issues around gender discrimination in the workplace in terms of employment and wages, have found improvements in favour of women, to the extent that Pratt (2002) suggests that in the UK women will possess more wealth than men by 2025. However, male privilege remains prominent in other aspects of society, only time will tell whether this will remain or will gradually fade. It is difficult to say how near or far society is from gender equality due to the vast disputes as to the state of male privilege that exists today.

Hydrolysis of Oxoanions :: essays research papers

Hydrolysis of Oxoanions Nonmetals in positive oxidation states do not exist in aqueous solution as cations but rather as hydroxides or oxides. These species often act as oxo acids which ionize to form oxoanions in solution. The general form of an oxoanion is MOxy-. Since these oxoanions are quite different in their properties, Z2/r ratios for nonmetal cations do not give accurate predictions of their chemical behavior. A different approach is needed to determine what these elements will do when they are dissolved in water. Oxo Anion Hydrolysis Like cations, oxoanions are hydrated in aqueous solution. In this case the electrostatic attraction is between the electron pairs on the oxoanion oxygen atoms and the partially positive hydrogen atoms of the water molecule. The hydration of oxoanions is an exothermic process. The hydration energy is dependent on the charge and size of the oxoanion. Hydration energies increase with increasing charge and decreasing anion size. As with cations, if the interaction between the anion and the hydrogen of the water is sufficiently strong, the hydrogen can be removed from the water generating a hydroxide ion resulting in a basic solution. MOxy- + H2O [MO(x-1)OH](y-1)- + OH- The equilibrium constant for this reaction is the base ionization constant, Kb. Base ionization constants are tabulated as pKbs. Successive ionizations are listed as pKb1, pKb2, etc. The larger the pKb value the lesser the degree of ionization and the weaker base the oxoanion is. When determining the acidities of metal cations, three variable are important -- charge, size and electronegativity of the cation. When determining the basicity of an oxo anion, the size of the nonmetal atom (or high oxidation state metal atom) is not relevant. This central metal atom is significantly smaller than the multiple oxygen atoms in the anion. Therefore, different central atoms bearing the same number of oxygens will be very close in size. Effect of Charge on Basicity Increasing charge on an anion increases its tendency to hydrolyze and form basic solutions. pKb Values For Some Oxoanions Anion pKb1 pKb2 pKb3 H3AsO4 10.5 6.8 1.5 H3PO4 11.88 6.8 2 H2SeO3 11.43 7.4 H4GeO4 5.41 1 The table above shows that the pKb values of an oxoanion decrease by 4-5 units for each additional negative charge on the anion. Thus, increasing the negative charge substantially increases the anion's basicity. Effect of Number of Oxygen Groups Since most nonmetals exhibit more than one oxidation state, they can form oxoanions that differ in the number of oxygens bonded to the metal.