Research Topics

The Contradictory Nature

this paper must demonstrate the contradictory nature of popular cultural texts. you should demonstrate the way that a women’s magazines (glamour magazine) is simultaneously part of popular culture but also indicative of the way that ideology is embedded within processes of cultural production. What ideologies are encoded within the text? Â· How might these ideologies be contradictory? Â· How might semiotic analysis demonstrate the operation of ideology within the text? Â· Is the text resistant to dominant power? If so, which formations of dominant ideologies is it resistant to? Â· Is the text giving audiences what they want, or is it manipulating them? Â· Is the text subculture or mass culture? You should also make reference to how your chosen media format (and, wherever possible, your chosen text) has been interpreted by other critics. For example, if you are covering Cosmopolitan magazine but were unable to find appropriate discussions of Cosmopolitan you should still be referencing debates about how women magazines are discussed within cultural criticism. for this i would like to use the theories of Important work: Feminism and Youth Culture (1991) Again originally connected with the CCCS. Focus on women worlds as subcultures.  takes a textual approach to her subject  cultural materialism. Main subject of analysis is teenage magazines Jackie and Just 17. By exploring the magazines she attempts to gain and understanding of the role played by these texts in shaping women cultural identities. Again shows and ambivalent attitude to the ideological functions of magazines. * Are they propaganda that force girls into roles dictated by dominant ideology? * Do they provide young women with genuine pleasures that enable them to bond with other girls and forge identities? Reading Angela and Garber, Marjorie (1991), Girls and Subcultures, in , Angela, Feminism and Youth Culture: From Jackie to Just Seventeen. Basingstoke: Macmillan. pp: 1-15. The Meaning of Mod in Stuart Hall and Tony Jefferson Resistance through rituals: youth subcultures in post-war Britain Further reading: (1993), The Cultural Studies Reader. London: Rutledge  (1981), Culture Credit:ivythesis.typepad.com

The Contradictory Nature

this paper must demonstrate the contradictory nature of popular cultural texts. you should demonstrate the way that a women’s magazines (g...

BUSINESS LAW OF AUSTRALIA

Question 1   <li class="MsoNormal" style="color: black; text-align: justify; line-height: 200%"> Adam sells the painting to Tania for ,500</li>   In this scenario, Adam functioned as an agent representing the artist, Pauline. He served as a third party to the principal, Pauline. To examine this set of circumstances, a closer look at the legal context of Australia is required. A huge part of the Australian legal system is based on common law system acquired from the English legal system. To this end, determining the outcome of this scenario may well be based on the principles of common law.   In the said case, Adam was commissioned to sell Pauline’s painting at between ,000 and ,000. However, the painting was sold for much lesser than what was indicated in the agreement between the principal (Pauline) and the agent (Adam). At this point, the painting was sold for ,500 which is considerably far from what has been earlier agreed on. Nevertheless, it has also been stated in the case that the principal seeks a speedy disposal of the merchandise and should be notified if an offer to purchase the artwork for much less than the minimum amount agreed on.   In looking at the said fact, the analysis would be based on the basic principles of agency law. At this context, it is assumed there was a contract between Adam and Pauline and that the directive provided by the principal that she be informed of an offer much lesser than the minimum of twelve thousand dollars is not followed by the agent. Specifically, there is no written approval of the said offer.   Based on the said information and assumptions, it appears that Adam has failed to comply with several elements of his part of the contract. This essentially entails a breach on the contract that both principal and agent have agreed upon. To elaborate much further, the agent failed to inform the principal of the low price offered by a Tania and eventually sold the piece of artwork to the said third party. He had done this despite the fact that the principal has not given him the authority to sell the painting for the said price. Adam has failed to provide the principal information that appeared to have been critical to the decision to sell the merchandise. In this context, the agent failed meet the standards of reasonable care, skill, and diligence required and expected from him by the contract. This places Adam in a position where he is liable to Pauline. In this manner, he may be answerable to the remainder of the amount they have agreed upon. This means that Adam is liable to pay Pauline the remaining ,500 in order to satisfy the minimum amount, given that Pauline sought legal actions on the misdeeds of his agent. It is also important to note that Tania, being the third party, has no legal responsibility to Pauline since it appeared that the third party has dealt only with the agent.                    <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Adam buys the painting on his own account for ,000 and subsequently sells it for ,000 to Tom.</li>   The key information on this scenario is whether Adam has communicated his intention to purchase the said piece of art to Pauline. This is information critical on the case of Pauline considering the fact that she expects the piece of art to as much as ,000. Nevertheless, it has also been stated in their agreement that she is willing to accept an amount as low as ,000 since she needs the money. Assuming that Adam indeed communicated to Pauline his intentions of buying the painting himself, then he have already shown intentions to bind legal ties. If Pauline responds positively to this situation, then a totally different contract is on imminent. The principle of offer and acceptance should be highlighted in this category.   Offer and acceptance are among the initial steps in any transactions. For clarity and coherence, the concept of an offer will be discussed separately with the concept of acceptance. An offer should be unambiguous, comprehensive, and communicated to the other party. Thus, certain information disseminating materials that advertises the product to the public is not considered as an offer. An action that is deemed not an offer is portrayed in  (1893) wherein the correspondence is made through telegram. Moreover, the Privy Council noted that the offer was not binding since the mere statement of the lowest price to which the defendant was supposedly seeking to sell does not imply a clear indication of a contract between the two parties. The transaction was just a mere transfer of information. Moreover, once an offer is completed, it could still be withdrawn in any period before the acceptance. However, if the offer is under seal, it could never be revoked. Similarly, it is also possible for an offer to terminate provided that the cut-off date for the acceptance has transpired. On the other hand, an acceptance is the action that the other party undertakes in order to validate a contract. Thus, an acceptance denotes that the other party indisputably agrees with the terms of the contract. According to  (1992), the process of acceptance is twofold. The first one is the fact of acceptance and the other is the communication of acceptance. The offeror is able to dictate the stipulations of the acceptance. Offers could place precise conditions on acceptance and the acceptor is compelled to follow.   Based on the discussions above, it appears that the scenario implies that Pauline indeed sold the artwork to Adam, thus he did not commit any breach if she accepted the offer from Adam to purchase it at the minimum amount. The acceptance of offer releases him from any fiduciary duty from Pauline. The sale of the said artwork makes Adam the owner of the object and is allowed to sell is at any price. And in so doing, he ceases to be liable to Pauline.       <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Adam sells the painting to Thea for ,000. Thea considers this to be a bargain price and happily gives Adam ,000 for himself</li>   The discussions in this scenario still revolve around the contract between the principal and the agent. A contract comprises a “meeting of the minds”. In this context, it is stated that before a contract is signed and enacted, both parties have already established their purposes for joining the contract. In this scenario, the agent has found a buyer for the piece of artwork, which is what is expected by the principal. It has been sold within the price range in which the principal has indicated to the agent. The problem in this setting is revealed when the third party decided to give Adam an extra thousand dollars for his services since she thought of it as a highly considerable bargain.   The relationship involving Pauline and Adam comprise a fiduciary relationship, it has its foundation in common trust and assurance. This means that any of the party involved should not take advantage of the other. And as stated to the agency principles, the agent considering his duties to the principal should not engage in activities that will compromise his loyalty to the principal. In this case, the acceptance of the extra money as a token of appreciation is considered a failure in the fiduciary duty of the agent. It is this seeming attempt to gain privately on the agency relationship that triggered this failure. With this failure of the duty, a breach of contract is present.   Similarly, the Fair Trading Act of 1992 has similarly taken into account such unconscionable acts. (Article 13.1) Specifically, Article 18 of the said piece of legislation particularly noted that offering gifts and other prizes to the parties involved as an unfair practice. In the context of the case, the offer of an extra thousand dollars should be accounted to the principal by the agent.   Question 2   <li class="MsoNormal" style="color: black; text-align: justify; line-height: 200%"> Albatross </li>   In the context of Albatross, they could well push through with their contract with Canary. Based on the facts on their situation with Budgie, it is indeed true that an offer was made. However, because of several circumstances resulting to the swift receipt of Albatross’ intention to create contractual relations, Budgie failed to reply in time. At this instance, it appears that the action relevant in here is the intention of Albatross to bind legal ties with Budgie. An offer was sent but the acceptance was too late.   In cases similar to this one, it is normally a general rule that the offer could be revoked any time the oferror wants to, provided that an acceptance has yet to be given. In this case, there has yet to be an acceptance on the part of Budgie since Albatross has sent the revocation of the offer fifteen minutes before the acceptance was sent in post. Albatross need not to worry about the issue of the Postal Rule considering the fact that they have communicated the withdrawal of the offer prior to the posting of the acceptance.   Moreover, Budgie could claim something against Albatross considering that they are covered by Electronic Transactions Act of 1999. According to Section 14 of the said Act, the message has indeed been sent to Budgie since the electronic communication they sent through fax has left the control of the sender and has actually been received in the information system of Budgie. In the said Act, Section14.4 clearly stated that the electronic communication will be received when it comes to the attention of the receiver. This means that the communication of the revocation need not be read by the receiver to be considered communicated in this context. This reveals that Albatross has indeed taken the appropriate actions to address their situation with Budgie.   On their situation with Canary, their agreement has been merely taken place through instantaneous messages. Though the agreement is theoretically complete with the communication of offer and acceptance, it is recommended to Albatross to seek a meeting with Canary in order to place their agreement in paper. In this manner, a more concrete representation of the agreement will be made. In the same manner, they could jointly agree on installing the specific stipulations in the agreement, aside from the initial offer of ,000 per annum. Moreover, it is also recommended that Albatross install specific clauses in the contract pertaining to the specific actions to be taken by both parties once a breach may take effect.        <li class="MsoNormal" style="color: black; text-align: justify; line-height: 200%"> Budgie</li>   The claim of Budgie appears to be very weak at its face value. Nevertheless, they may have a case if they do intend to acquire court actions against Albatross. In their perspective, it appears that they have acquired the offer at a late date. This is not their fault, as it was the responsibility of the offeror given that they have made considerable errors that became detrimental to the creation of the contract. The point of this matter is that an offer was indeed made and communicated to them by the offeror.   And being interested in the offer, the company sent a reply the instant it have viewed the offer on November 6. As was instructed in the offer, the acceptance was made through post. In looking at this situation, it appeared that Albatross was indeed expecting the acceptance to come through mail. And with this stipulation in the offer, the Postal Rule is applicable. The claim of Albatross that they have not heard from Budgie seems to be inconsistent considering it was only several days since the offer was made. Budgie could claim that there was no time limit stated as a stipulation in the offer. (  (1866) LR 1 Ex 109) Similarly, they could have used other means of communication to verify whether the offer was indeed communicated to them. In this manner, they could have been informed that their letter was misplaced in the mail. ((1879) 4 Ex D 216)   Another claim that Budgie could take is the termination of the offer. Though it is a general rule that the offeror could revoke the offer given that the acceptance has yet to be sent, ((1880) 5 CPD 344) the revocation was not properly communicated to Budgie. The company could also use the Electronic Transactions Act of 1999, particularly Section 14. Since the offeror have used an instantaneous means of communication to convey the revocation of the contract, Budgie could claim that they have not read the message after the acceptance has been posted. They could claim that the message may have been indeed sent through fax but they have failed to deal with it considering they were not expecting any message from Albatross from such medium. As stated in the said Act, it should come to their attention that a message was communicated. Given their situation with Albatross, they could not have reasonably expected the said company to make use of the fax machine as they have vehemently stipulated in their offer that communication must be made through post.                    <li class="MsoNormal" style="color: black; text-align: justify; line-height: 200%"> Canary </li>   As their Albatross had rejected their offer, Canary may have been forced to accept the counter offer of the Albatross. If they feel that they have been disadvantaged by the counter-offer or felt that they have been forced into the contract, they could claim for economic duress. ( (I [1989] 1 All ER 641)   Nevertheless, if they feel that the agreement may benefit them and felt that they have been treated fairly, they should set a meeting in order to establish specific conditions ( (1876) 1 QBD 410) and possible warranties for the implementation of the contract. ((1876) 1 QBD 183) In this manner, both parties’ interests are secured and specific courses of action are agreed upon once breach of contract take place.      References   Credit:ivythesis.typepad.com

BUSINESS LAW OF AUSTRALIA

Question 1 Adam sells the painting to Tania for ,500 In this scenario, Adam functioned as an agent representing the artist, Paul...

Recent Recruitment Trend In Automobile Industries

The Recruitment in Automobile Industries             The employment had a full impact of the automobile industry. The automobile industry as one of the largest industry and jobs dependent on the industry are included, the auto industry is responsible for employment contribution in a country. The contribution of the automobile industry generated a sale while producing the new light vehicles.   The job creation depends on the specialization of the one who’s going to perform the task.  In the automakers’ side wherein the largest purchasers of aluminum, copper, iron, lead, plastics, rubber, textiles, vinyl, and steels. The output of the automotive industry produces a higher level of output than any other single industry. The auto industry invested in further research and development, higher than any other manufacturing industry. For further results, the exportation of the automobiles is visibly increasing every year. Employment Levels in the Automobile Industry It is important in employment as goes to the establishments primarily engaged in manufacturing or assembling complete passenger automobiles, trucks, commercial cars and buses, and special purpose motor vehicles which are for highway use. However, when one considers the employment levels in such areas as motor vehicles parts and supplies, automotive dealers and service stations, auto repair and services, the overall impact is more significant. The employment levels account for only those employed in the manufacturing and assembling of motor vehicles, a number of additional industry categories contribute to the overall employment levels in the country. The automobile industry also engages in manufacturing motor vehicle parts and accessories. After months of aggressive recruiting, the person needed for polishing the works must pass the qualifications and job descriptions. Job specifications usually evolve in the points were there is a makes, maintain, and repairs concept. It is something to do with the employee that can fits, assembles, installs, repairs and maintains plant and machinery and makes replacement parts when required. And eventually sets up and operates machine tools to produce components according to specifications. The Skills Needed:             Every employee hired is aware of what the things they specializes are. Job Specification Electronic Industry Training Centre 1.      Select, set up and operate all common machine tools used for tool/mould and die manufacture. 2.      Undertake proper marking out on tool/mould and die parts. 3.      Read and interpret engineering drawings and specifications. 4.      Use and care for hand tools and maintain machine tools. 5.      Carry out all necessary safety precautions and fit to specified tolerances. 6.      Perform soldering, brazing and welding. 7.      Make, maintain and repair press tools, special cutting tools, dies, gauges and jigs and fixtures in accordance with drawings and other specifications. 8.      Use and care for standards and precision measuring instruments and devices. 9.      Identify and select materials in accordance with specifications. 10.  Perform heat treatment of metals to give specified properties, select and sharpen cutting tools. 11.  Select and use correct speeds, feeds, lubricants and coolants for efficient machining. 12.  Produce required surface finishes on metals. 13.  Analyze and rectify mould failures. 14.  Identify common engineering materials and use correct tool cutting angles, speeds and lubricants for their machining. 15.  Perform heat treatment of metals and perform simple mould design. Aside from the manual skills, the employee should also be knowledgeable with the use of equipment and machineries. 1.      Install plant and machinery. 2.      Carry out preventive maintenance programs. 3.      Diagnose faults, repair or replace defective parts in plant and machinery, and keep records of such repairs or replacements. 4.      Use and care for measuring instruments and standards. 5.      Undertake proper marking out on work pieces and can fit to specified tolerances. 6.      Carry out simple sheet metal work such as cutting, bending, folding, rolling and seaming. 7.      Perform arc and gas welding, soldering and brazing. 8.      Perform heat treatment of metals to give specified properties. 9.      Carry out simple pipe work such as bending, threading and jointing. 10.  Read and interpret engineering drawings and specifications. 11.  Use and care for hand and machine tools. 12.  Carry out all necessary safety precautions. 13.  Set up and operate common machine tools 14.  Use and care for measuring instruments and standards. 15.  Identify and select materials in accordance with specifications. 16.  Select and sharpen cutting tools. 17.  Select and use correct speeds, feeds, lubricants and coolants for efficient machining. The hired employee should also require going beyond the process of training and thorough assessment of the employees’ skills. The successful completion of the labor requirement will be organized on a craft apprenticeship with attendance in a technical institution of the automobile company. At the end of initial training period, apprentices will start work on the continuing studies on a day-to-day basis, with the opportunity to complete a foundation degree. The candidates must have, or expect to gain. The need to develop sustainable vehicles is really driving the business to have a bright, forward-thinking trade’s people to progress in very important projects. The luxury carmakers needed bulk of the recruits to engineer to develop a new generation for the vehicles. There are number of vacancies that created to work on new technology and product development programs. Conclusions             The need for another batch of labor force can definitely bring an economic rise on the country. The recruitment for the automobile industry is very unpredictable because there is a new innovation still on work to meet the clients’ desires.             Different kinds of car that are almost expensive are out in the market but the demand on purchasing only slows down but never experienced zeros. Therefore, the on-going recruitment and training is present in the company’s perspective. Sources: CanagaRetna, S., (2003). The Drive to Move South. A Special Series Report: The Growing Role of the Automobile Industry in Southern Legislative Economies. [Online] Available at: http://www.slcatlanta.org/Publications/EconDev/AutoSouth/TheDriveToMoveSouth.pdf [Accessed 03 Sept 2009]. Cranage, J., (2008). JLR to Recruit Hundreds of New Engineers for Eco-Jags; JAGUAR LAND-ROVER. The Birmingham Post, p. 1. Hutson, A., (2008). Jaguar Land Rover Looks to the Future; RECRUITMENT: Around 60 Advanced Apprenticeships on Offer for Enthusiastic Youngsters. Coventry Evening Telegraph, p. 20.   Credit:ivythesis.typepad.com

Recent Recruitment Trend In Automobile Industries

The Recruitment in Automobile Industries The employment had a full impact of the automobile industry. The automobile indus...

Define, identify, discuss the historical development and demonstrate a broad comprehension of the nature of systems-oriented theoretical approaces to social issues

1. Define, identify, discuss the historical development, and demonstrate a broad comprehension of the nature of systems-oriented theoretical approaches to social issues. (5 pages)   The study of human systems began in the twentieth century in the introduction of General Systems Theory.  This is a cross-discipline field assuming that social science can pin down the living and non-living and treat them as systems.  A Person In Environment (regarded as PIE) yields the suggestion of existing in a system that may be organized and arranged through social means.  By system, similarities are determined with relations to patterns, unities and connecting to a whole. Systems can be a group of people, or units such as “families, organizations, communities, societies, and cultures” (Anderson, Carter, Lowe and Gruyter, 1999, p. 4).  It is important to see the origin of social systems theory as beginning on Systems theory that came out influenced by various fields post-World War II.  To approach social science by systems has been a debate of scholars.  Systems itself is a vague term that may be employed and applied in several manners but what remains true is how they consistent of components or parts that function to form a whole in their own interdependent manner.   Systems to put more simply and bluntly describe relationships and the workings of interactions.  The smallest unit of society is not the individual that will consist of the society as acollective but the most basic interaction or relationship the individual is able to bridge that will then form sequences, “patterns of exchange that occurs between individuals”.  According to Jacob and Tennenbaum, the smallest unit of society then is “the system of members in mutual and interdependent relationships with one another, not individual behavior in isolation of context” (p. 4).  Thus, a social system.  It then proceeds to say that society or the world’s root is not the person but the relationship and interaction this person forms with another.  The world, or society to say, cannot exist without communication.  This remains to be a general or broad take of what a system is supposed to be.  Systems may still be divided into levels or ranked to consist of suprasystems and subsystems according to Joan Jurish and Karen Myers-Bowman (1998).  Jurish and Myers-Bowman explain this configuration through the systems that consist a human body such as the “circulatory, digestive, neurological”, which may be regarded as subsystems consisting a whole suprasystem which is the human body.  Systems Theory has various assumptions:  First, it believes in holism which focuses on the sum whole than its parts (and which would be expounded further in Parsons’ section).  In holism, each interaction is an event that builds up to a pattern and forming a whole.  Secondly, it assumes that Living Systems are open in a way that it would actively initiate and bring forth exchanges and interactions rather merely taking the role of responsive individuals.  Human beings are also deemed to be intelligent enough to be reflective on what they do and know.  Reality is consequently a construct, subjective rather objective.  Systems Theory may educate how reality is perceived according to how it is organized and understood.  Above all, Society is self-sustaining on its own (Jurish and Myers-Bowman, 1998).          General Systems Theory may be considered as founded by Ludwig von Bertalanffy during the earlier half of the 20th century.  Bertalanffy became considered how the study of living beings can be so technical, scientific and mechanical.  This is said to limit and “neglect” as well as “deny” to how life functions.  Bertalanffy would rather for the perspective on Biology to be a living organism which cannot be pinned down by laws and concepts.  His theories were then published after the World War where systems theory began to be embraced by various cross-disciplines.  Jurish and Myers-Bowman (1998) add that the second World War in itself was a “major impact on the development of systems theory” where new fields such that of Norbert Wiener’s cybernetics was invented in order to further boost the defense weaponries of an army.  Cybernetics emphasized on “feedback systems and communication technology” which allowed a further appreciation of the systems theory as an appreciation of electronics lead to a re-evaluation of how the human brain functions. This application of systems theory was further expounded by Gregory Bateson who integrated both the cybernetic processes to that of human processes which further led to the utilization and application of systems theory to the social science especially the family (Jurish and Myers-Bowman, 1998)        The idea of social activity as identifiable and possibly treated as a system began in the ancient times when Greeks initially perceive of systems as resembling a body, each part with its own role to contribute to this body.  Then Thomas Hobbes was said to have taken the idea of society as an organism in his book, Leviathan.  These efforts inspire the idea of society as living and working together to sustain itself.     According to Kenneth Bausch (1999) Talcott Parsons was the first to apply systems theory in American society.  In the book, “The Social Systems”, he proposed the idea of organizing society in to systems as a viable and autonomous guide for research and study and not merely as limiting as “extensions of psychology or manifestations of culture”.   The actions of the individuals consisting a society is towards societal goals, “people are determined by society” (Anderson et al, 1999, p. 4).  Parsons emphasis is that people sum up to a whole and thus a system can only be understood in its whole than in dividing it into isolated parts.  What was prioritized then is the relationships between This is also called the Macro point of view.  Another proponent is Habermas who promotes the Action Theory which has to do with the necessity of communication in the existence of a society.  By this, individuals need to interaction with each other and form a culture that would stress the importance of roles and functions in order to sustain society in its ongoing processes.  This is a more interaction based point of view that emphasizes on the units that comprise society than the society that is collected and built up.  By emphasizing on parts, the point of view becomes the atomic.  In this regard, it is people who determine society than societal norms, culture and goals determining how people should function.  Society is dependent to the people that exist within it and thus, it is dependent on how the individual functions or behaves so to speak.  This behavior may comprise of a pattern that will then comprise of a system.      Thus maintaining the system can be performed in four ways.  Firstly is to maintain the sense of pattern through stability and institutionalizing such pattern (which may be a challenge to do in curbing the individual to the patterns.  The maintenance of the system may also be expressed by goal orientation wherein society is motivated towards the attaining of goals for the sake of the system.  Thirdly there is maintenance through adaptation which is through the sacrifice or disposal of some goals in respect to a more necessary one to maintain the organization.  Then fourthly there is the integration which is supposed to be the integration of the functions of pattern and goal orientation.  By integration, adjustment also becomes essential in order to fully accept goals towards the effectiveness and stability of a pattern.  It is what eventually keeps the system intact in its whole self.     The critique with the General Social System Theory was that it idealizes society as that is quiet, peaceful and orderly.  Society also comprises of stable and rational individuals all working towards unity.  It fails to include the possibilities of chaos, inequality and instability.  Scholars dispute that Social Systems are in reality, chaotic and complex as systems are subjected to constant change.  While General Systems Theory supposes that societies will proceed to one end, the Complex theory proceeds with the notion of multiple ends.  There is no circular motion nor is there a way to go back to where society started.  “Once a system has developed along a given path it cannot simply go back again.” This is because relationships upon interrelationships would have formed to “complicated and interwoven” heights.   This theory actually disputes the existence of a systems theory as it postulates human beings as inability to be contained and covered by science and unable to supply the multiple levels and dimensions which will enrich it.  It regards social systems as too complicated an understanding that cannot be pinned down (Franklin, Skeeter and Warren, 1998).               In the application of System approaches to School District Management, systems theory holds that schools are managed in such a way that they would resemble “organizations, where teachers are accountable for their students’ results”.  Systems Theory also promote personalized, subjective and one on one learning where the learning is performed by the student and not provided by the mentor.  The philosophy behind this is that the school is a sum of a whole, of each student working positively.  Systems theory would make effective and efficient the educational institution through its arrangement of levels supra-systems and subsystems.  Because relationships and interactions are emphasized, teachers are encouraged to build relationships with students as students are also necessary in building relationships with each other.  With systems theory, students can indeed become “active learners seeking knowledge” because of the personal attention granted to them.  This means the school needs to be self-sufficient, open and reflective (Hong et al, 1997).               Systems Theory calls for schools to be synchronized and united in one clearly defined purpose each subsystem with their purpose and functions to meet in order to allow the suprasystem to meet the said goal (through a feedback system).  Systems are also supposedly dynamic that will consist of “cycles and trends”.  School systems are also by assumption rational thus each child is worthy of such a treatment as rational beings (Sybouts, 1992, p. 25).            Schools should have “sufficient variety, or diversity” in order for it to be creative and responsive as well as self-regulating.  The school is influenced by all its constituents and goal-oriented which is usually the “intellectual and emotional development of students” (p. 18) through modified thoughts (output, as well as input of another system such as the student’s families or other systems).  In fact this is the major objective of each school which is to precisely “develop educated citizens” (p. 19).    The School District is a suprasystem containing ideally various interdependent subsystems such as the “classroom, an administrative council, a curriculum committee, or an extracurricular student club”.  The School District as a suprasystem has relationships with each of its subsystems and to a larger suprasystem such as its “community and regional environments”. The school will be an inter-working of systems and resources outside and inside.  Again, systems cannot exist without relationships so the very basic unit of school systems may be “tutoring pairs, project groups, committees, classrooms, school staffs, and entire districts” (p. 19).  The classroom or school staff themselves may be a suprasystem of subsystems such as friendship cliques.          Patricia Schmuck and Richard Schmuck (1974) provide the Principles for employing systems theories to the school organization.  According to the authors subsystems may consistent of “Learning groups, constituted of students, teacher(s) and curriculum materials.” Communication is established together through a sharing of data and responsibilities.  The learning group may only consist of a pair of people or the group can be the entire school district in itself.  The subsystems encourage interactions with one another.  The changes are performed top-down.  Personal relationships would also be established from the “I-Thou transactions.”  These systems also have specified goals (p. 21) and are designed in such a way that may predict future outcomes thus leading to flexibility.  The system also attends to the “emotional needs of members” in the achievement of the school mission as each member is increasingly sensitive of one another. Learning groups are also above all, interdependent along with the other subsystems and these systems continuously influence each other.  This is in lieu of the system theory’s premise of an open and flexible system.  This is usually the sources of conflicts due to discrepancies in goals and interdependence.  This is natural in a school within the system theory set-up according to Schmuck and Schmuck but the system also holds that it is self-regulating and able to communicate grievances enough to lessen stress caused by the conflicts.  There is also the availability of resources and the inevitability of culture.    In applying systems theory to schools, Schmuck and Schmuck propose a four-level framework.  To enumerate (1974, p. 94):   1) The individual – Students, teachers, and administrators 2) The learning group – Classrooms and committees; 3) The school organization – The social procedures of the levels working together 4) The external environment- School board, budget, and parents.   By understanding the above mentioned levels, it may be even more possible to strategize a system-oriented school.    2. Critique systemic approaches to school district management associated directly systems-oriented theoretical approaches.   Systems oriented approach to social issues has made its mark in managing or administrating schools especially since schools can be taken as organizations: suprasystems and subsystems.  The school is in every right a social system, not just of students and teachers, but also to the families of the students.  Thomas Cafferty and Frederic Medway (1992) considers the contribution of school psychology to school psychology.  They are related because they have similar origins and philosophies.  Cafferty and Medway proposes the treatment of schools as organizations and believe that this allow “effective intervention strategies” with regards to “structure, process and behavior.” Structure means Organizational Structure which is given rise by the mission statement of an organization.  It will determine the goal beliefs of the school and purposes of the school.  This may enhance the functioning of the organizations.    As organizations, schools may relate to each other and respond to each other.  Schools achieve its mission and goals precisely through the cooperation and coordination of its people and systems.  More basically, this is performed through constant communication, interaction and building effective relationships that may be guided by effective policies.  Everything in the school, despite having to deal with technical aspects such as “budgets, marketing, hierarchies” are systems that exist to manage relationships.          Bureaucracy was the common system or theory that has managed organizations such as schools.  The literature is rich with theories, studies, research, critiques as well as analyses.  For man times this structure was adapted to several organizations and fields.  It introduced concepts such as “decision making, leadership, motivation, organizational politics, and systems theory”(p. 39). Bureaucracies present hierarchies.  Some officials are higher than some and there are the presences of domination and authority (and thus subjection and accountability of subordinates).  Contracts govern positions, formality, loyalty, technicality, and employment that is paid by salaries.  The effect this has on schools is that there is “discontinuity”.  This also means the lack of relationships and a prevailing impersonality.  Roles are strictly and expected to be followed and employees are hired because of technical skills and abilities.  Divisions make it difficult for communication to take place and lack of awareness of one division to another.  Work has a tendency to be poorly distributed because some divisions have more responsibilities than others.  There is also the prevailing indifference from one division to another such that disables the possibility of assistances.   The lack of communication would lead to a lack of policies, a mission statement and core beliefs that would have been the administration’s way to communicate its goals to its subordinates.  By having no such communication or policies, there was a vague notion of what to do, how to plan and inconsistency.  Responsibilities were also unclear besides proceeding in a schedule.  The lack of communication also made it impossible for teachers or students to air their opinions.  Because there is a lack of policies, rules, orders and decisions were vague enough to cause internal conflicts, stress and tensions in the bureaucracy.    Thus, there is the Social Systems Theory as an alternative.  This involves the need towards communication, interaction and relationships such that the Bureaucracy Theory was unable to address.  The bureaucracy emphasizes hierarchy, structures and control while the social system theory involves a more meaningful and defined job beyond mere employment and salaries.  They are the sum of a whole, working together for the good of the organization.  Subjectivity is prioritized over objectivity as bureaucracy is deemed a dehumanized system for the lack of personal regard to them.  Social systems consider the role of relationships in shaping the individual’s behaviour within an organization.  It considers the organization as a culture, as consisting of roles, unique and gifted individuals and individuals as substantially enriched by socialization.  Roles, rather to be strictly and expected to be followed, are a means towards expression of oneself.  Roles, most importantly, are not only individual, but more importantly, social.  It involves relationships with other people as teachers for example are necessitated to construct relationships with students, colleagues, and their administrators in order to fully enact on their roles.        Inevitably some would see schools as organizations that are not ideal for Systems theory.  Learning may be taken as a complex activity than systematic and organized.  David Reilly (1999) emphasized how education reform efforts in American education were unsuccessful in producing more “acceptable learning outcomes” and only end up spending several billions of dollars towards an effective learning for students because it fails to consider learning as a chaotic and complex process.  Instead, the focus has largely been on systems theory.  Systems theory had apparently limited student learning through low expectations and rigid guidelines.  Nonlinear systems theory or the chaos and complex theory is said to be effective in understanding how a student learns and demonstrating this.  “Learning is clearly a developmental process” such that cannot be traced or generalized.  Students learn differently in different levels, ages, speeds and amounts due to the fact that each student has different ways in processing information.  Learning cannot be logical and rational as systems theory would hold.  Systems Theory, as mentioned earlier, assumes that there is equifinality and rationality in the organization in question.  It is a more optimistic and rather utopic point of view that Reilly (1999) disputes against.  Nonlinear systems theory hold that there is “irregular periodicity, sensitivity to initial conditions and minute changes in process, and lack of predictability” which also goes to say much as to how learning takes place.  There is no logical procedure.  Only then can teachers truly understand how students learn, by being open to various options rather set roles.  In a Linear systems theory, Curriculum guidelines are “predictable, sequential and linear” each with certain set expectations to meet such that may cause problems later as it may be invariable to the learning extent of the child.  In order to compliment the learner’s chaotic and unpredictable learning ability, the guidelines should not be set and in fact be interchangeable.    Bureaucratic Theory is usually regarded as the traditional model while systems theory is considered as the more innovative.  Bureaucratic is hard to disregard in favour of the systems alternative.  Tamar Levine, Hanna Shachar and Shlomo Sharan (1999) call systems theory as a combination while bureaucracies are known to divide through its specializations.  Bureaucracy does not pay attention to the environment or “on the horizontal (rather than vertical) relationships and interaction in the organization, the exchanges and information flow between colleagues” (p. 2).  Systems are known to, in the meantime, “exchange matter, energy and information with their environments” through processes and performances of inputs and outputs allowing it to be self-sustaining.  Feedback is taken here as a crucial ingredient in schools especially in reinforcing communication, interaction and relationships between the organization’s systems.  Feedback emphasizes that information comes not from one entity (the administration or authority) but rather, everywhere.  This may be teams of teachers who will combine forces in order to solve problems.   According to the three authors, this system remains to be unknown in today’s schools as the bureaucratic school remains prevailing.  All parts are dependent to hierarchy rather interdependent among each other.  Schools, according to Levine, Shachar and Sharan are “a strange kind of system” (p. 8) because the systems may not be as interdependent and rather, be “loosely connected” (p. 8)  This is true in the cases of students with irregular classes and classmates.  There is a prevailing disconnection between students and teachers.  For a true systems approach to take place within a school, there is really the necessity to invite innovative teaching methods that will generate feedback loops and interaction rather a one-sided learning (all from which produced and coming from the teacher).  Efforts include the changing of schedule, textbooks and inclusion of computer which will promote a sense of interaction.  Schools are largely dominated by divided disciplines which fail to see holistic connections.  In order to encourage communication among such mentors, they would need to group together and collaborate in solving problems and in the data gathering.  Teachers may also collaborate to “formulate schoolwide policies” (p. 9).  Basically, “there should be communication between teachers within and between departments dealing with different subject areas; it is equally important that such communication hold meaning for the students” (p. 10).  Teachers are responsible of whether the curriculum will be rigid or not, or the collaboration or division of which.  Once they are able to employ systems theory, it will be reflective and passed along from top down.    Levine, Shachar and Sharan (1999) consider “the concept of feedback for self-regulation and the goal-oriented nature of systems for transforming input to yield a product of some kind” (p. 16) as the Unique Contributions of Systems Theory to School Organizations.  This is because schools have a recurring problem of having sufficient feedback processes that will monitor its processes and allow it to be self-regulated.  The authors consider it an infamous problem of having “clear links between means and ends” due to the poor or lack of communication and inability to obtain feedback.  This is also brought by the fact that schools tend to follow the traditional Bureaucratic model.  This is largely because there is a lack of interest in being a community and accomplishing responsibilities to the good of the organizations.  The systems theory indeed perceives of the school as not just an organization but a community.  However bureaucratic tendencies still overwhelm and overpower the educational institution especially in teacher and classroom pattern.  Levine, Shachar and Sharan (1999) are adamant in their recommendation of using the teams of teachers model as a means towards generating feedback and the systems model.  Classrooms needed to be designed in such a way that will compliment the organization, “the whole” of the school.  As subsystems embody and are interrelated into suprasystems, classrooms perceivably “incorporate the basic features of the manner in which the school as a whole is organized and operates” (p. 56).  The school’s direction is enacted by the merest student following academic tasks.     The ideal school, or the school of tomorrow, will follow the systems theory.  There will be “interrelatedness” and “integration” as the school will react not only among itself but to its outside environment (or the community it belongs to).  In this manner, communication and interaction take place.  Teachers will not be divided in their own classrooms and disciplines for specific amount of times.  “The school’s organization will have considerable flexibility and mobility among its component elements” (p. 78) Decision is not only made by teachers but also teachers as participation and collaboration make up of the “critical decisions regarding teaching and learning”.  Instruction is not one-sided or coming from teachers alone, but students will be active learners “through processes of problem solving, discussion, investigation, simulation and so forth as individuals or as in teams”.  Students will not be alone in this undertaking as they will be supported by their mentors and the resources needed to perform this.  Students will also be guided by other people who may be masters in their professions in order to integrate real life experiences in education.  Resources will also include the latest technology and data all of which leading to a “production-oriented institutions”.  The mission of this said school will be communicated with its processes (means to ends) while being learner centred at the same time as the students’ “interests, needs, and successes” will be addressed as acquired by feedback.              3. ) Demonstrate an understanding of the major concepts in systems-oriented theories, and how they are expressed in the context of school district management structures.   The Independent School Districts of Texas is one of the school districts which has been inching away from the Traditional fold, which would be the Bureaucratic way of managing a school district.  It has been adjusting to environmental changes along with other public school districts.  The changes have been from top down leading to a School wide Reform to redefine how its organizations and systems are arranged.  Bureaucratic systems are known  to under utilize and waste human and physical resources due to the lack of integration and interrelation.  The State of Texas has consequently promoted a system of organizational changes through small districts or charter school districts.  Charter school districts as well as Independent School Districts are now tasked to apply such change.  Having discussed system theories and having treated schools as organizations and having established the growing awareness to reform U.S. education by policy makers from top down, the paper will proceed to apply what has been established to the Charter school Districts and I.S.Ds in the State of Texas.   This involves raising the bar to higher standards for not only the students to meet but also the teachers.  The immediate solution that appears was the improvement of the system, the organization in which the school functions.  Each individual is responsible and expected to accomplish their roles towards an improved learning and enhanced interaction through feedback.  The school will also acknowledge that each subsystem is very much representative of the whole.  The State of Texas has taken the challenge to upgrade itself to a higher more effective form of education.  To do this, the change needs to take place within the system which means acknowledging the need towards interrelations and a clear goal.  Most educational reforms opt to enhance a school’s resources which would not be as useful and contributing if it was not integrated along with the internal system, processes and results.  If there is no cohesion or an innovative take in education, the reforms will find it difficult to surface.  For systemic change to take place and for it to be totally comprehensive and penetrating, an educational environment should ideally employ a systems approach towards change.  When one says top-down, that means the Federal government, to the local government, to the school district, to the school building in itself and to its very core: the classroom (which as emphasized, is a suprasystem of subsystems).  The administration is linked to the instruction department (consisting of teachers) while the government supports the administration.    By creating a flow of communication, interaction and relationship among the systems, systems may be open and flexible.  It is necessary for the Educational system to be open because it needs to interact with its environment and within it.  In this manner, evaluation and adaptability may be performed.   By cohesion, it is possible for a system to function as a whole, from the classroom to the government level.  There are Six Design Phases for a systems approach which is Planning, Analysis, Design, Development, Implementation and Evaluation. (Russo-Converso, 2001, p. 22) ·        Plan: Determine desired outcomes, identify stakeholders that include sponsors, advocates, change agents, and change targets.   ·        Analysis: Identify gap between “what is and what should be” and causes of the gap. Select alternative solutions (e.g., innovations and interventions) to close or eliminate the gap. ·        Design: Create guidelines and processes for implementing and evaluating selected solutions. ·        Development: Create innovations and interventions to close or eliminate the gap between “what is and what should be.” ·        Implementation: Diffuse the innovation and intervention. ·        Evaluation: Formatively measure the effectiveness and efficiency in terms of desired outcomes for the purpose of continuous improvement.   The State of Texas Public Education Mission and Objectives is that every child is given quality education to allow them to reach their potentials and contribute as well as participate in their society.  Students will be encouraged and granted several opportunities in order to attain growth and meet standards not only local but also international.  The teachers will similarly have to be qualified and effective.  Emphasized also is the need to train and develop them.   The credo also mentions the needs of an environment that promotes safety and learning, critical to a systems approach organization.  One objective is of critical note: “Educators will keep abreast of the development of creative and innovative techniques in instruction and administration using those techniques as appropriate to improve learning” This one objective emphasizes the openness towards a systems approach of the Texas Public Education system.  There is also the goal towards resources and implementation of technological resources in order to “increase the effectiveness of student learning, instructional management, staff development, and administration”.  There is a top-down approach towards the implementation of technology which also is an objective of a systems approach in order to enhance interaction and communication.  The objective emphasizes how improvement must not only be made in the part of students but also the teachers and administrations.       It is important for Teachers to construct relationships with students, colleagues, and their administrators in order to fully enact on their roles.  As they determine the instructional department of the school, constant training would be enormous in its contribution to allow them not only to work among students but among themselves as they could expertly provide evaluation and feedback regarding the school system.  In this manner, there will be a bridging of communication rather the disconnection that has been plaguing poorly modelled bureaucratic schools.  Teachers can enormously contribute to the curriculum which makes their training truly important and they have what it takes to bringing cohesion in a divided school organization.  Teachers make critical decisions rearding the school system which emphasizes the need towards participation and collaboration in their part.    Credit:ivythesis.typepad.com

Define, identify, discuss the historical development and demonstrate a broad comprehension of the nature of systems-oriented theoretical approaces to social issues

1. Define, identify, discuss the historical development, and demonstrate a broad comprehension of the nature of systems-oriented theoreti...

The Discharge of Contract

a)    “The courts are not easily convinced that a given change of circumstances is of sufficient gravity to frustrate a contract” Discuss!   Frustration of contract  is the termination of a contract as a result of an unforeseen event that makes its performance impossible or illegal.   According to (1958), “the term frustration, impossibility, or changed circumstances expresses basically the same in which in legal traditions it arises when the unforeseen circumstances subsequent to the date of contract, render performance either legally or physically impossible, or excessively difficult, impractical or expensive, or destroy the known utility which the stipulated performance had either party. “ The problem created in such a situation is, of course, whether deviation from the stipulations of the contract should be allowed, by means of the contract’s adjustment, postponement or termination (1958). This problem can be better viewed as a conflict between the principle of private autonomy, well expressed in the medieval maxim reservanda sunt pacta, and the modern need of attributing a social function to private contracts, thereby considering extra-contractual elements, such as good faith, reasonableness and practicality ( 1964).   Significantly, in the case of frustration, the balance of losses has been modified  from the common law position by the Law Reform (Frustrated Contracts) Act (1943). However, the circumstances in which the courts are prepared to find frustration have not changed, so the common law is still relevant. Particularly, in deciding whether frustration has occurred, the courts have to balance two competing requirements.   One of these competing requirements which the court consider is whether there is the desire for certainty of contract. Good business relations depend on an assumption that once a contract has been entered into, it will be performed by both parties and, if it is not, the wounded party is entitled to compensation. The courts should not lightly intervene to set aside a good contract, even if future events reveal it to be onerous for one party. It would be difficult to do business at all if money received as part of a contractual arrangement could not be spent until the contract was fully performed, in case a court acted to undo the contract.   In addition, the other requirement in which the court considers is whether there is the requirement to try to do justice in the individual case. If it becomes impossible to perform a contract owing to events beyond the control of the parties, it is not particularly just that one party should end up having to compensate the other when he is not at fault. This tension is not easy to resolve, but in general the courts will not set aside a contract that was good when it was made unless supervening events have made it essentially impossible to perform, or performance would render to one or other party none of the benefit that was anticipated.   Even though the contract is frustrated, it is deemed to be discharged since there remains the problem of how any losses should be apportioned between the parties ( 1994). The rule at common law was first definitively set out by the King’s Bench in Chandler v Webster 1904 ( 1994), although a number of earlier cases had reached the same conclusion. This rule said that the losses should `lie where they fall’. That is, any losses incurred before the supervening frustrating event could not be recovered. This was a simple rule, but a harsh one.       b)   Fred runs a plumbing business. He wins a contract with George for the installation of water systems in a housing estate being built by George. Fred agrees to complete the work by December 1990 and George promised Fred that he would be able to start the work on the 1st January 1990. As George fell behind schedule, Fred was only able to start work on the 1st March. He protested about the delay but attempted to complete the work in accordance with his contract. However, in December he abandoned the contract when he had completed three quarters of the work in order to start work on another project which he had contracted to start in December in anticipation of the work for George being completed. George has given Fred nothing in payment for the work completed. Advise Fred.   If the contractor is permitted Fred to do further work after the frustrating event, then, unless a fresh agreement is made, the contractor is not doing work pursuant to the contract. Nevertheless, the contractor must be paid a fair remuneration for any work done, on the basis of quantum meruit or restitution. This may be more or less than the contract rate. The expression quantum meruit means “the amount he deserves” or “what the job is worth” and in most instances denotes a claim for a reasonable sum (1999). A claim on a quantum meruit does not usually arise if there is an existing contract between the parties to pay an agreed sum. But there may be a quantum meruit claim where there is (1999): 1. an express agreement to pay a reasonable sum. 2. no price fixed. If the contractor does work under a contract express or implied, and no price is fixed by the contract, he is entitled to be paid a reasonable sum for his labor and the materials supplied. 3. a quasi-contract. This may occur where, for instance, there are failed negotiations. If work is carried out while negotiations as to the terms of the contract are proceeding but agreement is never reached upon essential terms, the contractor is entitled to be paid a reasonable sum for the work carried out . 4. work outside a contract. Where there is a contract for specified work but the contractor does work outside the contract at the Employer’s request the contractor is entitled to be paid a reasonable sum for the work outside the contract on the basis of an implied contract.         c)    Harry, who owns a sandwich bar, sells beef sandwiches to Ian, John and Kate. The meat, which he cooked himself, was contaminated and Ian, John and Kate are very ill and were forced to spend two weeks in bed. Ian is retired and spends the time resting and reading. His garden becomes a little neglected. John is an independent sales representative. In an average week he would expect to earn Â£500 gross. Kate is an actress and when buying sandwiches from Harry, told him that she was going to audition for a new West End Musical the following day. As a result of the illness she misses the audition. The musical is a hit and transfers to Broadway with the original cast and is now being filmed. Assuming that the illnesses are traceable to the sandwiches and the fault lies with Harry, advise him of the likely liability for damages for breach of contract.   According to  (1999), any breach of contract gives rise to a cause of action; not every breach gives a discharge from liability. This will depend whether the term breached is a condition or a warranty or whether there has been repudiatory breach. Damages are intended to compensate the innocent party for the loss that he has suffered as a result of the breach of contract. In order to establish an entitlement to substantial damages for breach of contract the injured party must establish that ( 1999): - actual loss has been caused by the breach; and - the type of loss is recognized as giving an entitlement to compensation; and - the loss is not too remote; and - the quantification of damages to the required level of proof. A breach of contract can be established even if there is no actual loss. In that case there will only be an entitlement to nominal damages (1999).                                                     Credit:ivythesis.typepad.com

The Discharge of Contract

a) “The courts are not easily convinced that a given change of circumstances is of sufficient gravity to frustrate a contract” Dis...