Friday, August 16, 2019
African American Literature Essay
This process, wherein the reading of a text becomes a vehicle for self-realization and self-transformation is emphasized in the slave narratives of African American Literature. These narratives present us with accounts of individual self-transformation evident in the process wherein the individual writes his or her self into a being recognized by the dominant society. Within such works, the authors portray the process in which he or she overcomes the slaveholding societyââ¬â¢s continuous attempts to deny or eradicate his or her identity. Despite of this, it is important to note that although such a process involves the creation of a referent, which is tantamount to the creation of an identity, such a process also involves the assimilation of the dominant cultureââ¬â¢s norms. In this sense, slave narratives may be seen as depicting the conflict involved in the creation of an African American identity. The conflict is evident if one considers that the aforementioned assimilation of values involved in the creation of an African American identity stands in direct conflict to the individualââ¬â¢s experiences during and after slavery. African-American slave narratives, in this sense, provide a dramatic model of the textual construction and development of African-American identity. Such a process, on the other hand, mirrors the correlation between literature and politics and thereby allows us to consider the theoretical and ethical implications of a literary work. This is evident if one considers that African American slave narratives aide in the construction of an African American identity by raising issues regarding the comportment and formation of the self within an inscrutable literary form. In lieu of this, this paper opts to present an analysis of the textual, social, and political conditions that affect the creation of the African American identity. The paper is divided into three parts. The first part of the paper aims to explicate the aforementioned relation of the textual construction of identity evident within literary texts. The necessity of such is evident if one considers that the process sets the contextual background for the analysis of literary texts. The second part of the paper, on the other hand, opts to explicate the manner in which certain forms of slave narratives may aide in the creation of an African American identity. Such an explication involves the analysis of Frederick Douglassââ¬â¢ Narratives of the Life of Frederick Douglass as well as Harriet Jacobââ¬â¢s Incidents in the Life of a Slave Girl. The following texts will be used due to the autobiographical character of the aforementioned texts. It is important to note that the aforementioned genre provides a form of discursive control both as an authorial choice and as a privileged aesthetic and ethical discourse. This stems from the presumed unitary character of the narratives within the genre (Gilligan 89). Such a character, on the other hand, enables the promotion and presentation of a self that shares confessional discourse and an assumed interiority with an attached moral law in the examination of an individual and in the creation of the authorââ¬â¢s individuality. In this sense, the inclusion of the aforementioned works within the genre of autobiography may be seen as political act, which mirrors the same conflicts evident in the political construction of the self that African Americanââ¬â¢s experience in the creation or formation of an identity. In this part of the paper, I will also argue that the aforementioned works enable the act of transformative recognition, which is necessary in the creation of an African American identity. The third part of the paper, on the other hand, involves the setting of the power relations that enables the conflict of identity formation amongst African Americans within the current American society. The third part of the paper thereby provides a social analysis of the aforementioned conflict in identity formation. In the last part of the paper, I will argue that such a conflict continually pervades the current American society and that the reason for such lies in the continuation of African American slavery within the 21st Century America. It is important to note that the continuation of such is enabled by the continuous perception of the African American as a slave. The continuation of slavery thereby is enabled by the continuation of the ââ¬Å"perceived status characteristicâ⬠of the African American as a slave (Levin 227). Let us now proceed with the initial part of the paper. Due to the interconnectedness of the text and the individual, discussions of African American Literature can be placed within a theoretical and ethical arena. It becomes possible to conjoin the effects of the ethical and aesthetic character of a work in the realization of a self-identity and political identity in the reader. At the same time, this view allows us to posit the individual reading a text as someone whose ethical problematization necessitates a theoretical problematization. Through this, it also becomes possible for us to ask whether the predisposed reading of texts is in itself a mode of exercising power over the ethical predispositions of individuals and not necessarily a theory, which opts to pave the way for human emancipation. All of these will show that the spontaneous and habitual orientation of attention is inimical to the maintenance of reality. Therefore, the event of ascribing an identity towards oneââ¬â¢s self is a reorientation of attention and a kind of ontological conversion, which affects the aesthetic, ethical, and political perceptions of the individual. In order for literature to be considered as a form of social practice, there are factors that need to exist. These are the writer, the reader, and the text. Spatiotemporal and material conditions may affect the relationship between the three. For example, not all authors know their readers and the meaning ascribed to a text is dependent upon the conditions within the society in which the text is located. There are other complexities in the relationship between the three. For example, by looking at the material conditions closely, we will see that writers normally write for a specific audience whose inclinations and attitudes they consider in the process of writing their stories. This leads to the creation of genres, which dictate how a particular form of literature will be read and considered. Of course, genre formation is not this simple but what I would like to emphasize here is that in the process of genre formation abstractions are being created and established within a system, which leads to the creation of a new set of categories and a new paradigm for assessing a literary text. Since writing occurs within a specific logonomic system, which constrains and determines the meaning of a text, it becomes important to consider whether what is being written and produced will not disrupt the dominant paradigm. That is why, within a patriarchal society, any form of literature that questions or presents another alternative to the normative form of existence becomes marginalized and silenced. True enough, there are instances wherein a space is provided for the existence of deviant perspectives. However, it should be noted that no dominant social discourse includes or exhausts all human practice, energy, and intention. On the contrary, it is a fact of all modes of domination that they select from and consequently exclude the full range of human practice. Therefore, when an excluded and marginalized discourse becomes incorporated or is allowed to exist within the dominant paradigm, it has already been reinterpreted to suit the dominant paradigmââ¬â¢s perspective. Such is the case of African American slave narratives. Acceptance of the aforementioned narratives within the literary sphere involves recognition of the African American existence as individual entities with their own ontology. It is important to note, that early slave narratives took the form of ââ¬Å"spiritual autobiography, the providential tale, criminal confession, Indian captivity narrative, sea adventure story, and the picaresque novelâ⬠(Fisch 13). The religious character of such slave narratives accounts for the process of liberation [spiritual and then political] character of the aforementioned forms evident within the genre. Acceptance of the genre thereby involves a predetermined creation of an ontology for those who are depicted within the genre itself. Such an ontology is provided by the religious conversion associated with the narratives of the self evident within the aforementioned genre. According to Fisch, the acceptance of the genre was characterized by a form of ââ¬Å"racial condescension that often takes the form of romantic primitivismâ⬠wherein the African American ex-slave is portrayed as a ââ¬Å"ââ¬â¢native peopleââ¬â¢ who were more virtuous since they were removed from the corrupting influences of societyâ⬠(25). From this, we can see that African Literature faces the problems of categorization. Knowing that recognition will only be achieved when one is accepted within the dominant paradigm, there is a considerable desire to be a part of the canon. However, working with the knowledge that acceptance is tantamount to the loss of the subversive and revolutionary character of their writings; African American Literature strives for a form of recognition, which erases all forms of domination wherein the literary works from the centre, periphery, and the middle all possess equal ground. This is possible if we perceive African American Literature as a form of ââ¬Å"minor literatureâ⬠. Minor literature does not designate a specific literature but it refers to the recognition that all forms of literature have been placed in ââ¬Å"revolutionary conditionsâ⬠¦within the heart of what are called great (or established) literatureâ⬠(Deleuze and Guattari 18). However, this recognition that all forms of literature once held a revolutionary position against the canon does not erase the dominance of a particular mode of perceiving texts. Drawing a boundary of what is or what is not African American Literature is a problematic exercise since the talk of African American writing aims to raise issues of difference by implying the presence and the absence of something that is not yet fully defined [African American identity]. Furthermore, the answer to the question is dependent upon the establishment of meaning in relation to the text. Within this perspective, meaning may exist in the identity apparent in the writer, the reader, or the text itself. However, there are problems with this viewpoint. If what is necessary for a text to be considered as African American Literature is the race of its writer, it becomes problematic when we consider a text written by a African American who has not yet identified himself with the struggles of the class and the race. Second, not all the texts produced by African American writers pertain to experiences of racism and slavery. Third, contrary to the constructivistââ¬â¢s account of the fluidity of identity, such a perspective is based upon the assumed fixity of identity of the writer.
Thursday, August 15, 2019
ââ¬ÅIââ¬â¢m nobody! Who are you?ââ¬Â by Emily Dickinson Essay
Never judge a book by its cover. Appearances can greatly deviate from what is hidden on the inside. ââ¬Å"Richard Coryâ⬠by Edwin Arlington Robinson, ââ¬Å"We wear the maskâ⬠by Paul Laurence Dunbar, and ââ¬Å"Iââ¬â¢m nobody! Who are you?â⬠by Emily Dickinson each give examples of appearances in contrast to reality. Robinsonââ¬â¢s ââ¬Å"Richard Coryâ⬠is essentially about a man who is set upon a golden pedestal by others and due to his suppressed sadness, kills himself. ââ¬Å"We wear the maskâ⬠by Dunbar shows us societyââ¬â¢s use of a ââ¬Å"maskâ⬠to hide their sorrow and grief, grinning and smiling when they truly feel overwhelmed with sadness. Dickinsonââ¬â¢s ââ¬Å"Iââ¬â¢m nobody!â⬠tells of the role of ââ¬Å"somebodyâ⬠in society as opposed to a ââ¬Å"nobodyâ⬠, deeming the truth as the latter of the two. In Robinsonââ¬â¢s ââ¬Å"Richard Cory,â⬠Dunbarââ¬â¢s ââ¬Å"We wear the mask,â⬠and Dickinsonââ¬â¢s ââ¬Å"Iââ¬â¢m nobody!â⬠appearance versus reality is exhibited through the usage of poetic language evoking various feelings in the reader. With each authors use of poetic language feelings are stirred and the discrepancies between appearances and reality are clearly expressed. Robinsonââ¬â¢s ââ¬Å"Richard Coryâ⬠lets us closely examine appearances in contrast with reality. All who knew of Richard Cory held him in reverence; they glorified him and were quite jealous of his lifestyle. ââ¬Å"And he was always quietly arrayed, and he was always human when he talked; but still he fluttered pulses when he said, ââ¬ËGood morning,ââ¬â¢ and he glittered when he walkedâ⬠¦. In fine we thought that he was everything to make us wish that we were in his placeâ⬠gives a perfect example of how highly Richard Cory was thought of by ââ¬Å"the people on the pavementâ⬠and how they wished to be of his status. Those who watched Richard Cory every time he went into town might have desired all Cory had and was, but they were deceived by his rejection of the eminence that his fellows would accord him. ââ¬Å"And Richard Cory, one calm summer night, went home and put a bullet through his head,â⬠although it may seem somewhat an ironic and abrupt ending, it suits the theme well, quickly identifying the concept of appearance versus identity. Robinson also shows us appearances versus reality through his use of poetic language. Robinsonââ¬â¢s use of imagery, and irony enhances the poem greatly. Robinson uses imagery throughout the course of his poem. ââ¬Å"And he was always quietly arrayedâ⬠¦and he glittered when he walked,â⬠Robinson uses visuallyà stimulating words and phrases to show the magnitude of a man that was Richard Cory. Robinson also makes use of irony in ââ¬Å"Richard Cory,â⬠enabling us to understand the truth of Coryââ¬â¢s existence, that of a sad man, no better than any of those ââ¬Å"on the pavement.â⬠ââ¬Å"And Richard Cory, one calm summer night, went home and put a bullet through his head,â⬠after all that reverence, Richard Cory was in all respects unhappy. This use of poetic language in ââ¬Å"Richard Coryâ⬠provokes feelings of grandness and jealousy. When Richard Coryââ¬â¢s fellows looked at him, they saw him as of royalty, of pertaining to that which heavenly or divine; howbeit, they were looking through eyes full of envy. Richard was held in high regards. ââ¬Å"And he was rich ââ¬â yes, richer than a king ââ¬â and admirably schooled in every grace,â⬠his ranking alongside Kings gives a sense of how grand a man the townspeople made Cory out to be. People on the street admired Cory from afar; they wished to be him, to walk in his shoes, they coveted his very essence. ââ¬Å"In fine, we thought that he was everything to make us wish that we were in his place. So on we worked, and waited for the light, and went without meat, and cursed the breadâ⬠¦Ã¢â¬ the extent of their jealousy runs far. However, ââ¬Å"We wear the maskâ⬠by Dunbar, in itââ¬â¢s own way, also deals with the same principles of appearance versus reality as did ââ¬Å"Richard Cory.â⬠ââ¬Å"We wear the maskâ⬠allows us to delve into the psyche of humanity and explore its apparent need to hide behind a mask. In ââ¬Å"We wear the mask,â⬠the title alone gives us the theme for the entire poem. ââ¬Å"We wear the mask that grins and lies, it hides our cheeks and shades out eyesââ¬âThis debt we pay to human guile; with thorn and bleeding hearts we smile, and mouth with myriad subtleties,â⬠shows that the mask that is worn hides the true self, instead, a false face is given, one which smiles and does not let the underlying, suppressed sorrows show. Humanity, as seen through the eyes of Dunbar in ââ¬Å"We wear the mask,â⬠is deceiving itself with these masks we wear, this fraudulent life which is lead by all. ââ¬Å"This debt we pay to human guile; with thorn and bleeding hearts we smile, and mouth with myriad subtleties,â⬠though we may be torn apart inside, to the world we are content with life; once again, appearance deviate greatly fro m reality. Moreover, through the use of poetic language, Dunbar also expresses appearance in contrast withà reality. Through the use of an extended metaphor and sensory, Dunbar further allows the exploration of appearances versus reality. ââ¬Å"We wear the maskâ⬠tells of a mask which hides the face, which hides the emotions one is feeling, the term ââ¬Å"maskâ⬠is used throughout the poem as a metaphor; Dunbar does not write of a mask which is adorned and used for masquerades, rather, he writes of the inherent suppression of emotions for fear of being ostracized from a society which is quick to do so. ââ¬Å"Nay, let them only see us while we wear the mask,â⬠the mask is a necessity in life, it is worn by all. Sensory language in ââ¬Å"We wear the maskâ⬠enables the reader to feel the pains and sufferings of the human race. Dunbarââ¬â¢s use of extended metaphor and sensory in ââ¬Å"We wear the maskâ⬠elicits pride and empathy in the reader. ââ¬Å"We smile, but O great Christ, our cries to thee from tortured souls arise. We sing, but oh, the clay is vile beneath our feet, and long the mileâ⬠¦Ã¢â¬ lines such a these enable the reader to empathize with the narrator. The way poetic language was used in ââ¬Å"We wear the maskâ⬠evokes feelings of empathy in the reader, as well as pride. Throughout the course of Dunbarââ¬â¢s poem, one cannot help but feel a sense of empathy and pride. Reading this poem, a sense empathy for humanity arises, for the pain we all face day in and day out. ââ¬Å"We smile, but O great Christ, our cries to thee from tortured souls arise,â⬠evokes the feeling of empathy towards the plights of humanity. A sense of pride is also given in the poem with the narratorââ¬â¢s refusal to let others see him without the mask. ââ¬Å"But let the world dream otherwise, we wear the mask!â⬠the narrator voices this statement with pride. In addition, ââ¬Å"Iââ¬â¢m nobody!â⬠by Dickinson also faces the idea of discrepancies between appearance and reality. Dickinsonââ¬â¢s ââ¬Å"Iââ¬â¢m nobody!â⬠explores appearance in contrast with reality. The true face of the reader is being questioned, their identity so to speak. ââ¬Å"Iââ¬â¢m nobody! Who are you?â⬠Dickinson suggests, through the persona of a child that the true somebody is, in reality, the nobody. In order to remain in society, one must adopt the views and beliefs of society regardless of your own. ââ¬Å"Are you nobody too? Then thereââ¬â¢s a pair of usââ¬âdonââ¬â¢t tell! Theyââ¬â¢dà banish us you know,â⬠this shows how people must appear to be the same as the majority, even though in reality, they may be quite different. Dickinson also shows us appearances versus reality through her use of poetic language. Dickinsonââ¬â¢s use of similes and satire further enhance the theme of the poem. She compares and contrasts the role of ââ¬Å"somebodyâ⬠to a frog. ââ¬Å"How dreary to be somebody! How public like a frogâ⬠¦ to an admiring bog!â⬠Dickinsonââ¬â¢s depiction of ââ¬Å"somebodyâ⬠is of a self-important and constantly self-promoting person and further shows the false values of a society that approves of people like the frog. Dickinson uses satire to illustrate the follies of mankind in accepting these frog-somebodyââ¬â¢s. ââ¬Å"How dreary to be somebody! How public like a frog to tell your name to the livelong June to an admiring bog!â⬠Dickinsonââ¬â¢s use of poetic language sound, at times, playful and comical. Dickinsonââ¬â¢s use of tone in ââ¬Å"Iââ¬â¢m nobody!â⬠is playful and at comical. The child persona she adopts gives the sense of a playful nature in the poem. ââ¬Å"Iââ¬â¢m nobody! Who are you? Are you nobody too?â⬠gives the main evidence of its playful tone. At times, Dickinson pokes fun at society, comically pointing out its errors. ââ¬Å"How dreary to be somebodyâ⬠¦To an admiring bog!â⬠gives a comical, yet true, depiction of society. This poem, like all the rest, expresses appearance in contrast with reality. In Robinsonââ¬â¢s ââ¬Å"Richard Cory,â⬠Dunbarââ¬â¢s ââ¬Å"We wear the mask,â⬠and Dickinsonââ¬â¢s ââ¬Å"Iââ¬â¢m nobody!â⬠appearance versus reality is exhibited through the usage of poetic language evoking various feelings in the reader. Hiding the true self from society is a necessary part of life, everyday it must be worn in order be accepted, and these three poems are exemplary. Appearances are just that, appearances, and nothing more; the true individual is far different from that which we see. Are we all not quick to judge a book by its cover?
Wednesday, August 14, 2019
Michael Jordan & Basketball
When someone says the name Michael Jordan, the first thing that comes to mind is basketball, The Chicago Bulls and Nike shoes. Through the years, Michael Jordan has proved time and time again that he is the greatest basketball player ever, and by performing in this rapidly expanding sporting field, he has gained tremendous popularity throughout the world. People of all ages and from all nationalities have gathered to watch him play. A journalist states ââ¬Ëeven your Aunt Matilda might not know nothing about basketball, liked watching him playâ⬠(Jonathon 1999:58). Jordan has become more than just an entertainer. He is a hero and a role model amongst basketball spectators. Johnson claims that ââ¬Ëhe is the most famous American in the worldâ⬠(ibid.). Perhaps he was born to be the best. Even though he is a star, Michaelâ⬠s childhood had been very distressing. In fact, Michael Jordan was nearly miscarried by his mother. His nose bled from birth till he was five, he nearly suffocated when he fell behind the bed as a baby and nearly killed himself when an electrocution threw him three feet. In Jordanâ⬠s own words, he exclaims I mean my girlfriend got swept in a flood and drowned when we were in college. Another time, I was swimming with a friend when both of us got pulled into the ocean by a strong undertow. I was able to get free and make it back to land. He never made it back (Jordan 1998:96). Additionally, after going through so many traumatic and distressing times, not many people would have been able to live their dreams. But Jordan performed the task of living his dream exceptionally well. Despite a somewhat desperate childhood, Michael Jordan enjoyed his time at school. He did his first years of schooling at D.C. Virgo Junior High School and later graduated to Lanley High School where he began practicing intensively on his basketball skills. He was accepted in the University of North Carolina through a basketball scholarship. At the university, Michael took on the challenge of driving his teammates to a level of performance that they might never have achieved on their own. He scored the winning basket in the National Collegiate Athletic Association championship game in 1982. A sportswriter describes ââ¬Ëthe relentlessness with which Michael Jordan prodded and cajoled the other players in leading them to championship season after championship seasonâ⬠(Lazenby 1996:37). The glorious moments achieved by Michael Jordan were soon vaporised by a permanent shadow. In 1993, an agonising incident shattered Jordanâ⬠s excitement after winning his third championship. Moments after the game, Michaelâ⬠s father, James Jordan, was brutally murdered by two ruthless teenagers. This was a severe tragedy in Michaelâ⬠s life; his father was gone. For this reason, Michael decided to retire from Basketball and play Baseball in memory of his father. This was because James Jordan adored Baseball (Jordan 1998:112). He signed a minor league contract with the Chicago White Sox, but was unsuccessful (Encarta 1999). Hence Jordan returned to his favorable professional sport of basketball. Allison exclaims ââ¬Ëat a press conference, Michael only said two words, Iâ⬠m back!â⬠(Samuels 1999). The ball started to roll again. But the anxiety of the spectators only lasted till the end of 1997. By far, the Chicago Bulls had been hit the hardest with the news of Jordanâ⬠s retirement. The breakup arose when the management refused to pay Phil Jackson, coach of the Chicago Bulls, what he deserved after bringing six NBA championships to the Bulls. When Jackson abandoned the team, Jordan refused to play for a new coach. After Jordan officially announced his retirement, basketball great, Scottie Pippen was traded to the Houston Rockets. Only four players of the previous yearâ⬠s team still remained on the Chicago Bulls. Stein considers ââ¬Ëmany have made the prediction that the bulls will lose mare games in this shortened season than they did all last yearâ⬠(Stein 1999). The die-hard Chicago Bulls fans will always hold a special place in their heart for Michael Jordan. They will tell their sons and daughters about him, they will get out the old VHS tapes of games that they have recorded and they will pass along basketball cards that will be worth hundreds of dollars. Those of us who have seen him play will always remember him and what he has done for the game of basketball. For those who havenâ⬠t will have to settle for the endless highlight reels and Nike commercials to keep his memory alive.
Answer those question about dance Essay Example | Topics and Well Written Essays - 500 words
Answer those question about dance - Essay Example Creative movements would work for children under twelve years of age who are learning and discovering their strengths while improvision can be used in teens and adults who are aware of their interests. The specialist should expect the dancers to be more fit, better concentration and sensory awareness. Question 2: The dancer, choreographer and the audience member are all equal parties in the event since they all complement each other. This is because the choreographer demonstrates certain traits that the dancer learns through continuous training, in order to improve his performance. In a live performance, the dancer performs to the audience, which will interpret, understand the dancerââ¬â¢s message and comment on the performance through acclamation. Therefore, they are all important to each other. Question 3: Court ballet originated form the Italian Renaissance courts of the 15th century. Romantic ballet was a ballet dance that featured female dancers that sensually moved their bodies. Classical ballet was the traditional form of ballet that featured Enrico Cocchetti as a great dancer. Neo-classical ballet was a modernised form of classical ballet in which George Balanchine thrived. He was the initiator of contemporary ballet that permitted a greater range of movements than the neo-classical ballet. Question 4: Modern dance started in the early 1900s in response to ballet, which was majorly used in concerts. It involved a wide range of styles as compared to ballet. There were many styles such as those initiated by Graham and Horton. The mid-century was characterised by combining modern dance and ballet elements. There was a lot of improvisation and performance art incorporation. It is different today form the jazz, ballet and tap dance in that it allows a lot of individualistic ideas and incorporated style and fashion. Question 5: The social dances in the 1980s featured dances
Tuesday, August 13, 2019
Uses of the private browsing feature offered by major internet Essay
Uses of the private browsing feature offered by major internet browsers - Essay Example As such, other users of the same computer will not be able to track oneââ¬â¢s communication and the pages on social sites that they have visited. Closely related to this point is that people turn on the feature when accessing sites that they do not wish their partners or family members to view, or when performing research on a subject that they consider private. For example, people accessing pornographic sites or sites that feature adult products turn on the feature to hide their tracks (lifehacker, 2012). The feature is also useful at home when planning surprises and buying gifts online (Lienjdlien, 2010). The target of the surprise is not able to detect what is in store for them as no trace of sites visited by a person is left behind. At home, the private browsing feature is also used when visiting or opening pages that are potentially dangerous or intrusive according to Lienjdlien (2010). For example, the feature may be turned on to filter out adverts or sites that may contain viruses. At work, the private browsing feature acts as a security measure against possible threats when performing online transactions (Lienjdlien, 2010). As a security measure against online threats when performing transactions, the feature is also applicable at the home. The feature is also used when one has to log onto a private account from a computer that is publicly accessed. The feature in this case prevents other persons from gaining access to private accounts once an individual has logged off from them. The feature is also important when one needs to hide their tracks and keep the computerââ¬â¢s browser free of information that is not relevant (Lienjdlien, 2010). Web developers enter the private mode with an aim of testing websitesââ¬â¢ session and cookie related aspects (lifehacker, 2012). At work, one may use the private browsing feature to manage multiple accounts simultaneously on a single website. For example, if one has several gmail accounts
Monday, August 12, 2019
Contract Law Essay Example | Topics and Well Written Essays - 2000 words - 1
Contract Law - Essay Example If the seller does not deliver the goods as promised and the buyer has to seek alternative sources to acquire the same goods with perhaps a higher price than the earlier agreed upon price, then the buyer has legal redress because his expectations have been compromised and the contract was aimed at protecting his interests in terms of a future rise in the price of the goods he intended to acquire (Feldman and Teichman 46). On the other hand, the sellerââ¬â¢s interests of safeguarding against reduction in price are also protected at the time of making the contract. Any failure to meet the terms of the agreement by the two parties is against the provisions of Contract Law and calls legal compensation through court or arbitration process. The drafting of doctrines of Contract Law and the subsequent operationalization in England and USA1 began in the middle of the 19th century when rules of contract law were first put in place in cases such as Hadley v. Baxendale2 in 1894, Raffles v. W ichelhaus3 in 1864 among others. These are historic legal cases that law students all over the world read to better understand contract law. With the development of free markets and expansion of free economies together with laissez faire management, the legal framework of the free market4 was predominantly the contract principles (Hunt 695). Common law is the chief source of the law of contract, and is a makeup of many judicial decisions by courts on similar disputes over a long time in the past. Courts use earlier precedents as sources of law as input to determine the principles of present and future decisions on similar or related disputes. Another source of contract law in the USA has been the restatements of the law promulgated by the American Law institute5, which are a mixture of past cases and predictions of future cases together with prescriptive pronouncements from different fields such as Contracts, Torts, Property, Agency, Employment, Franchising relationships, constructi ons and others. Closely related to contract law and specific to a myriad of commercial subjects is the Uniform Commercial Code (UCC) which is yet another source of contract law and which contains separate articles like bank deposits and collections, negotiable instruments and letters of credit and security interests. Article 2 in this code governs transactions in the sale of goods. The other source is the CISG6 or the Vienna Convention which governs international sales transactions thus applying to sale of goods and services between parties who operate in different countries but both countries must have agreed to the provisions of the convention (Marquez-Escobar 122). The UCC has not received Federal legislation attention because it is still being enacted separately by different states with no notable effort to unify it at national level. Features of Contract Law Offer and acceptance, consideration and an intention to create legal relations are the key elements to the creation of a contract in common law. Offer and acceptance which may be written, oral or implied is the most important feature where one party offers a bargain that is accepted by the other party, a scenario also referred to as concurrence of wills for which concrete
Sunday, August 11, 2019
Compare and contrast Research Paper Example | Topics and Well Written Essays - 1500 words
Compare and contrast - Research Paper Example ââ¬Å"A Hungry Artistâ⬠is another globally acclaimed short story written by Franz Kafka about two decades after Chekhovââ¬â¢s The Lady with the Dog and describes what the nature of an individualââ¬â¢s life is in very troublesome circumstances. The artist in the story is victimized by the society in which he lives and Kafka through creating this unique character adeptly explores the themes of isolation and deteriorated human relationships and how they influence a personââ¬â¢s actions. In this essay, I plan to compare and contrast ââ¬Å"The Lady with the Dogâ⬠and ââ¬Å"A Hungry Artistâ⬠on the basis of the themes of social isolation, victimization, and corrupted human relationships. Gurov, a Russian banker, is introduced by Chekhov as a very unhappy and unfaithful husband who is deeply dissatisfied by his marital life and frequently cheats on his wife. By having affairs with other women, he corrupts the relationship he has with his wife. Though despising al l women in general, Gurov has a strange yet very refreshing encounter with an unfamiliar lady named Anna while vacationing in Yalta. Like every time before, Gurov intends to only have a short lasting affair with the woman and then simply part ways in order to save his reputation and protect himself from social condemnation. However, this time things take a different turn and Anna develops emotional feelings for Gurov. They start an affair spending most of their time in Yalta together and taking long drives. All of this continues while Annaââ¬â¢s husband is also expected to arrive in Yalta which stresses on the inevitable human need to connect with someone under whatever circumstances and how a person could sometimes be left so isolated and starving in a relationship that he/she would seek whatever means to fulfill that hunger. The threat of community rejection and social condemnation is always there for both Gurov and Anna but dissatisfaction in their respective marriages is a hu ge motivating factor for continuing the affair. Both charactersââ¬â¢ reputations and marriages are at risk and social rejection is in itself a huge devastating consequence. Still, they cross all social barriers to indulge in a sense of closeness. Unlike other women in Gurovââ¬â¢s past with whom he has had affairs, Anna excites him with sadness and innocence in her character which he finds very difference and intoxicating even. Chekhov emphasizes Gurov's yearning with acute intelligence by expressing that ââ¬Å"she, this little woman, in no way remarkable, lost in a provincial crowd, with a vulgar lornette in her hand, filled his whole life now, was his sorrow and his joy. He thought and dreamedâ⬠(Research Matic). Other women that Gurov has ever known have no trace of innocence in them but Anna is the only woman in his life who manages to really excite his desires and attract him towards herself. After arriving back in Moscow, Gurovââ¬â¢s idea that his memories of Ann a will soon fade out by immersing himself in daily work routine does not remain successful. This is because his marriage brings him no happiness and only serves to foster the sense of loneliness which secretly gnaws at his heart every moment of his life. Annaââ¬â¢s company in contrast seems to be the perfect antidote for all the emptiness inside him yet it is fraught with the threat of social victimization and
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