Sunday, August 18, 2019

Shakespeares World Essay -- essays research papers

Shakespeare's World Almost every nation on earth reads, studies and performs the works of William Shakespeare. No writer of any country, nor any age, has ever enjoyed such universal popularity. Neither has any writer been so praised. As William Hazlitt observed, "The most striking peculiarity of Shakespeare's mind was it's generic quality, its power of communication with all other minds." It is perhaps this quality that has earned Shakespeare the supreme accolade, that of lending his name to an era. Other than a monarch or an emperor, few can boast that a time or place is so exclusively theirs. As we talk about Napoleonic Europe or Victorian England, so we speak of Shakespearean London or the Age of Shakespeare. No other artist, let alone writer, has had their name inscribed on such a towering edifice. "Thou in our wonder and astonishment, hast built thyself a long-live monument," wrote Milton, in praise of Shakespeare. Shakespeare is by far and without doubt the most popular and successful writer of all time. But what of the man himself? Who was William Shakespeare? The life of William Shakespeare is shrouded in mystery. There is no record of him receiving an education, buying a book or writing a single letter, and no original manuscript of a Shakespeare play survives. There is no direct record of his conversations, and no one in his home town seems to have known that he was a successful playwright while he was alive. There is not even a contemporary portrait to reveal his true appearance. Although a number of mentions of William Shakespeare the poet-dramatist appear on record during the 1590's and early 1600's, they comment only briefly on his writings, telling us nothing about the man. Less is known about Shakespeare than almost any other playwright of his time. The orthodox version of William Shakespeare's life is probably the most widely accepted Shakespeare legend of them all. According to it, he was born on 23 April 1564, in an upstairs room of a Stratford house in Warwickshire. He was born to John and Mary Shakespeare, and was baptized Gulielmus filius Johannes Shakspere (William, son of John Shakespeare) three days later. His father ran a successful glove making business on Henley Street. In 1565, his father ... ...ow position could hope to rise to a high position while someone in a high position could expect to fall to a low position. All these would be brought about by a change in fate or fortune. Some people believed that the people rose to a higher position during the spring and the summer, while they sank to a lower position during the autumn and the winter. However, it was later noticed that such beliefs were very unpredictable. Like the belief in the zodiac, the Wheel of Fortune opposed the theory that fate was controlled by man. Instead, fate was believed to be controlled by the stars. This is why in the opening chorus of Romeo and Juliet, both of them are described as "†¦ star crossed lovers†¦" This suggests that the stars had already destined them to love and then to die. Shakespeare is arguably the best writer of all time, yet it is interesting to know that so little is known about him. Perhaps no-one will ever know who the real William Shakespeare was. Only one thing is certain: Shakespeare may be dead, but his great works never cease to astound us and it makes us wonder if any person will ever come to rival the maestro of English Literature.

Saturday, August 17, 2019

A Study On Construction Risk Management Engineering Essay

This paper discusses hazard in the building industry and how building contractors are covering with it. A aggregation of adept sentiments and theories, this paper discusses the general hazard direction theoretical account from hazard designation, appraisal and analysis of hazard, and commanding and pull offing hazard. Discussion of building insurance and building bonding are discussed, every bit good as how they are utilised as tools in building hazard direction. The experience qualifier is explored in how it is of import in a building hazard direction plan. In add-on, a checklist is provided that highlights the most general points that need to be considered in a hazard direction plan. The building industry could see to be one of the most dynamic, hazardous, and disputing industries in the universe. In add-on, the building industry has a really hapless repute for pull offing hazard, with many major undertakings neglecting to run into deadlines and cost marks ( Mills, 2001 ) . Many times this consequences in hapless undertaking public presentation ( Tah 2000 ) . This is greatly influenced by the fact that this industry is exposed to many altering variables of different magnitudes. Some of the more normally known variables are weather, productiveness of labour and equipment, and quality of stuffs. All excessively frequently, hazards are either ignored, or dealt with in a wholly arbitrary manner. One of these ways may be by merely adding a 10 per cent eventuality onto the estimated cost of a undertaking with the premise that this will cover any of these possible and unknown variables. In an industry like building, this attack may be unequal, ensuing in expensive holds , extenuation, judicial proceeding, or even bankruptcy. Of equal importance, any contractor who has lost a occupation due to turning in a high command, may non wish entertaining the thought that this method of utilizing eventuality as a hazard direction tool may hold been the cause of losing a command on a occupation. A small planning and apprehension of what the possible hazard were for the contract aided by the appropriate actions, may hold allowed the contractor to hold won the command and still be in a place of being protected from these industry variables that may hold been endangering during the life of the building undertaking. In building, building directors and proprietors study hazard, the possible realisation of unwanted effects from jeopardies originating from a possible event on the building undertaking, the appraisal of the acceptableness of the hazards, and the direction of unacceptable hazards ( Hipel, 2000 ) . On a building site for illustration, the chance of a building decease ( unwanted effect ) is a hazard caused that can be caused by a safety job ( jeopardy ) at the occupation site ( event ) . Risk direction is the term for the systematic analysis and control of hazard, such as forestalling building accidents from go oning. Hazard in general pervades modern society and is widely acknowledged, it continues to do ageless contention and argument ( Hipel, 2000 ) . The definition of hazard contains two constituents: the chance of an unwanted effect of an event and the earnestness of that effect. Hazard is the chance that an inauspicious event occurs during a declared period of clip ( Royal Society 1991 ) . The ground that building, when compared to other concern industry sections, has an increased leaning for hazard state of affairss is because of the legion booby traps involved with this industry. These booby traps represent repeating jobs that significantly affect both cost and agendas for about any type of building undertaking ( Palmer 10 ) . The following tabular array illustrates these usual booby traps ( Palmer 11 ) : OwnerInterior designerContractorFailure to fundDefective programs and eyeglassesDecelerate to mobiliseOwner-furnished stuffs non availableShop pulling reappraisal and stuff blessingFailure to staff undertakingMajor alterations in demandsImproper or delayed alteration ordersFailure to supply sufficient equipmentFailure to do advancement paymentsFailure to organize between primesFailure to organizeInterventionInadequate informationInadequate undertaking direction controls Risk direction is an of import portion of the decision-making procedure of all building companies. Hazard and uncertainness can potentially hold damaging effects for some building undertakings. Hazard can impact productiveness, public presentation, quality, and the budget of a undertaking. Hazards on a building undertaking can non be eliminated, but it can be minimized, transferred, or retained ( Mills, 2001 ) . It is recommended that directors involved in the building procedure implement hazard direction techniques from the origin of a undertaking to its shutting. While there are different direction theoretical accounts available ( see figure 1 for an illustration ) , they by and large follow a similar form. This form is modeled after the undermentioned stairss:Designation of HazardAppraisal and Analysis of HazardControling and Managing of the Hazard Risk direction is non a new construct and is considered to be a systematic attack to covering with hazard. Much research has been done in rating and direction of hazard ( Kangari 1989 ) . Successful contractors must understand and pull off the hazards that are encountered with building ( Insurance Institute of America 1995 ) . Traditionally it has been applied instinctively, with hazards staying implicit and managed by judgement, informed by experience. The systematic attack makes the hazards clear, officially depicting them and doing them easier to pull off. In other words, systematic hazard direction is a direction tool, which requires practical experience and preparation in the usage of the techniques ( Mills 245 ) . Harmonizing to Godfrey ( 1996 ) , systematic hazard direction helps to:Identify, buttocks, and rank hazards, doing the hazards explicit ;Focus on the major hazards of the undertaking ;Make informed determination on the proviso for hardship, e.g. extenuation steps ;Min imize possible harm should the worst happen ;Control the unsure facets of building undertakings ;Clarify and formalise the company ‘s function and the functions of others in the hazard direction procedure.Identify the chances to heighten undertaking public presentation It has been found that the designation of each hazard is an indispensable first measure in hazard direction and is perchance the most hard. The designation of each beginning of hazard and the constituents of that hazard constituent allows the hazard point to be separated from others ( Williams 1995 ) . Consideration of each act uponing factor will simplify the analysis and direction of the hazard. In hazard designation, the cardinal inquiry to inquire is: What are the distinct characteristics of the undertaking ( hazard beginnings ) that might do such failure? ( Godfrey 1996 ) . The pragmatism of hazard estimations increases as the undertaking returns. However, the major determinations should be made early in the life of the undertaking, as eventuality stairss need to be put into topographic point to counter the hazard. So despite the troubles, a realistic estimation of the concluding cost and continuance of the entire undertaking is required every bit early as possible. The Oklahoman that possible jobs and the associated hazards are identified in a building undertaking, the Oklahoman better direction techniques and determinations can be made to guarantee that the undertaking is non a job from the start. There is a 2nd, but every bit of import, ground for the early designation of hazard and uncertainness, it focuses the attending of project direction on the schemes for the control and allotment of hazard, e.g. through the pick of a contract scheme, buying of insurance and bonding ( Mills 248 ) . After hazard is identified, the hazard must be assessed for chance of bing on the building undertaking, and possible effects from happening and analyzed. Risk appraisal is the rating of the comparative importance of an estimated hazard with regard to other hazards faced by the population, the benefits of the activity beginning of the hazard, and the costs of pull offing the hazard ( Hipel 2000 ) . The impact of a hazard can be measured as the likeliness of a specific unwanted event and its unwanted effects or loss and can be shown mathematically where: RI = L x C Where: RI = Risk Impact L = Likelihood C = Consequence Hazard and uncertainness are portion of all building work regardless of the size of the undertaking. Other hazard factors that carry hazard include: complexness, velocity of building, location of the undertaking, and acquaintance with the work. These variables must be assessed in respects to their impact on the undertaking, which is normally fiscal in construction. When serious hazards occur on undertakings the effects can be really detrimental. In utmost instances, clip and cost overproductions turn a potentially profitable undertaking into a loss-making venture. Research has showed that cost and clip marks are frequently missed due to unanticipated events that even an experient undertaking director can non expect. These events are known in progress, but their extent could frequently non be quantified. For illustration, industrial differences, delayed determinations, or changed land conditions may all be anticipated, but their likeliness and impact are difficult to foretell with any preciseness as no two building undertakings are the same ; this makes it of import to place hazard beginnings for each undertaking ( Mills 246 ) . It is recommended that it may be utile to group hazards harmonizing to simple steps of their chance and likely impact, by concentrating on what is of import and the action that controls the hazard. In a building undertaking, the result can ever be unexpected, as costs may be less than anticipated, the conditions may be sort, grosss may transcend outlook. Therefore, hazards can sometimes be viewed every bit good every bit long as they are allowed for. Indeed, it is the function of a building director to pull off hazard on behalf of the edifice client, and in return derive income or net income from the undertaking ( Mills 246 ) . Hazard analysis is the systematic appraisal of determination variables that are capable to hazard and uncertainness ( Edwards 1998 ) . The hazard analysis procedure is a portion of the hazard direction procedure in consisting the chance of happening of inauspicious events ; the scene of assuming bounds to associated uncertainnesss ; and the measuring of the possible impact of hazard event results. When building hazard is to be analyzed, some of the undermentioned hazard factors should be considered ( Insurance Institute of America 1995 ) : A. Project-specific hazard factors 1. Contract-owner relatedRepute of the contract proprietorOwner ‘s undertaking funding 2. Contract papers relatedPlans and specificationsContract termChemical bond signifiers 3. Performance RelatedProject Management and supervisingSize of the undertakingComplexity of the workSite and subsurface conditionsThe labour force and labour costsSubcontractsMaterialsConstruction equipmentTime to get down and finish the workLiquidated amendssCare warrants and care periodsWeather conditionsBid spreadsGeographic locationsEstimated gross net incomeContribution to operating net income ( loss )Dependability of cost estimations B. Work backlog hazard factorsCapacity of the contractor ‘s organisationContractor ‘s fiscal capacityNumber of contracts and hazard categorizations There are different tools and techniques used for analysing hazard and doing determinations under hazard. There are many ways to make this, from the reasonably simple to those that require a computing machine as a minimal tool. These tools have different complexnesss. Risk direction is one facet of direction scientific discipline. There are two wide classs of direction scientific discipline techniques: deterministic, and probabilistic ( or called stochastic ) . Deterministic techniques assume that the values of the determination variables are known with 100 % certainty, which is seldom the instance with building ( Flanagan 69 ) . Probabilistic or stochastic techniques on the other manus, are concerned with factors that can non be estimated with certainty, such as most informations associated with building ( Flanagan 69 ) . The following tabular array contains techniques that largely provide quantitative solutions, and integrate some subjectiveness, but are by and large used as decision-making techniques in analysing hazard and reacting to hazard ( Flanagan 1993 ) . Decision-making TechniqueWhere they are usedThe Risk PremiumHazard ResponseRisk-adjusted price reduction rateHazard ResponseSubjective ProbabilityHazard ResponseDecision Analysis -Algorithms -Means-end analysis -Decision Matrix -Bayesian ModelHazard Analysis/Risk ClassificationSensitivity AnalysisHazard ResponseMonte Carlo simulationHazard ResponsePortfolio TheoryStochastic Laterality When mensurating hazard, the likeliness, or the chance, of an inauspicious event, is normally expressed in footings of the figure of such events expected to happen in a twelvemonth ( Godfrey, 1996 ) . The effect of an inauspicious event, sometimes called harm, is frequently expressed in pecuniary footings. In the instance of human deaths or serious holds, it is more appropriate to utilize other steps, like yearss lost, or experience alteration evaluation ( Godfrey, 1996 ) . The hazard direction program should order processs that address the inactive and dynamic hazards built-in to the undertaking. The end of the program is to minimise the proprietor ‘s exposure to hazard from the start of design to tenancy and through the guarantee period, every bit good as the contractor and interior decorator ‘s hazards. The program should stress hazard consciousness. It should include processs that will place inactive and dynamic hazards, evaluate their possible loss value, and prescribe ways to efficaciously dispose of them in ways that serve the proprietor ‘s best involvements. The conventional agencies of hazard disposal are to:Extinguish the hazard, by taking an alternate class of actionShed the hazard, by allowing person else bear the loadAssign the hazard to others, by understanding or contractRetain the hazard and minimise it through micromanagement ( Haltenhoff 1998 ) . The list of hazards could be significant because it should be every bit comprehensive as pos ­sible. It should be started at the brainstorming session and continued throughout the procedure of the building undertaking until it is complete. Every squad member should be hazard, quality, and safety-conscious and contribute to the list as hazards are identified. The best attack is to ever maintain a â€Å" what if † atti ­tude when be aftering action or pondering determinations. Persons involved in the undertaking should non measure hazards to find their suitableness for the list. All hazards should be for ­warded to the top direction for rating ( Haltenhoff 1998 ) . It is besides of import to keep the hazard informations for usage in future undertakings. The obvious hazards built-in to a building undertaking can be identified by undertaking members and their experience. Typically, this may be the primary beginning for the possibility of hazard on the undertaking. Experienced building companies can probably lend a starter list accumulated from past undertakings and from the hazard informations that was collected. It is of import in hazard direction for the building undertaking members to add hazards to the list as they are discovered and experienced with. Risk direction should be a standing point on every squad meeting docket, because risk-management determinations should be inactive whenever possible. Inactive deci ­sions can merely be made if the hazards are identified early plenty to ease squad action. The major risk-management solution tool to be utilized is insurance ; surety bonding is a close sec ­ond. Loss due to accidents and non-performing contractors has the highest potency of all individual hazards. However, both these hazards are inactive hazards normally dealt with on every building undertaking and should be considered. The end should be to reexamine all identifiable hazards by precedence and set up processs to decrease the potency of each one. Hazard direction is a portion of catching and building that must be micro-managed ( Haltenhoff 1998 ) . In general, it is of import to retrieve that a hazard direction system should: set up an appropriate context ; set ends and aims ; place and analyse hazards ; influence haza rd decision-making ; and proctor and reappraisal hazard responses. ( Edwards 1998 ) . The hazard inherent in every building undertaking can be assumed by another party, assumed separately, or shared by holding parties. The chief guideline in finding whether a hazard should be transferred is whether the having party has both the competency to reasonably measure the hazard and the expertness necessary to command or minimise it ( Hartman, 1996 ) . It was found that both parties must hold a clear and similar apprehension of the hazard. Contracting parties who do non hold a shared apprehension of its answerability may mishandle the hazard event by presuming that the event or its corresponding effects are non their duty ( Hartman 1996 ) . The term â€Å" ownership of hazard † has a assortment of significances including:holding a interest in the benefit or injury that may originate from the activity that leads to the hazard ;duty for the hazard ;answerability for the control of hazard ;fiscal duty for the whole or portion of the injury arising from the hazard should i t happen ( Godfrey 1996 ) . In a hazard allotment study by Roozbeh ( 1995 ) , respondents were asked to put hazard associated with building into three classs: allotment of the hazard to the contractor, allotment of hazard to the proprietor, or a sharing of the hazard. The hazard allotment procedure of the respondents is shown in Table I and the degree of importance of hazard is shown in Table II. A similar study carried out by ASCE in 1979 showed that contractors were less willing to accept, or even portion hazard, preferring alternatively that proprietors accept duty for most building hazards. Responses to the two studies showed pronounced differences in sentiment sing third-party holds, Acts of the Apostless of God, damages, and existent measures of work ( Mills 247 ) . Typical allotment of hazard in a building undertakingHazard ALLOCATIONHazard DESCRIPTIONContractorLabour and Equipment Productivity Quality of work Labour, Equipment, and Material Availability Safety Defective Material Contractor Competence Inflation Actual Measures of Work Labour DisputesOwnerDiffering Site Conditionss Defective Design Site Access/right of manner licenses and regulations Changes in Government Regulations Delay payment of contract Changes in WorkSharedFiscal Failure – any party Change-order dialogues Contract-delay declarationUndecidedActs of God Third-party holds Defensive EngineeringDegree of Importance of HazardImportanceHazard ALLOCATIONHazard DESCRIPTIONMost ImportantContractor Contractor Contractor Owner OwnerSafety Quality of Work Labor and Equipment Productivity Defective Design Construction Competence/delayed paymentLeast ImportantOwner Owner Undecided UndecidedChanges in Government Regulations Site access/right of manner licenses and ordinances/inflation Acts of God Defensive Engineering As discussed, building work has many associated hazards. Some of these hazards by nature are risky, and accidents can be frequent and frequently terrible on a building site. The one-year toll of deceases, personal hurts, and belongings harm in the building industry has been highly high at times ( Clough 166 ) . When one is making research on hazard direction, a batch of information sing insurance is found. That is because after building hazards are identified, analyzed, and assessed building insurance is the lone manner to safeguard against the possibility of the appointed hazard from going a fiscal menace. Insurance is one of the most common hazard direction tools available to building directors and proprietors in making a eventuality for the hazard variables that may originate during a undertaking Insurance is a pool of money, sustained by premiums paid by an correspondent group of insured ‘s, that is called upon to cover specified losingss when they occur. Premiums fluc ­tuate in response to losingss as a agency of keeping the degree of the pool. Insurance is a competitory concern where insurance companies are invariably seeking new insured ‘s. Premium charges are competitory from insurance company to insurer and adjusted harmonizing to the loss expe ­rience of the insured ‘s ( Haltenhoff 294 ) . Construction insurance is required in three countries: Owner Protection, CM and A/E Protection, and Contractor Protection. Different building bringing methods and multiple catching do non alter the traditional signifiers and coverage ‘s of insurance but trade with some of them otherwise. Construction industry insurance is a extremely specialised field and building directors are normally non expected to hold insurance experts on their staff. However, a wide cognition of insurance is necessary to assist the proprietor set up a static-risk protection plan that provides effectual coverage and is compatible with the CM catching construction ( Haltenhoff 297 ) . The possible badness of building accidents and the frequence with which they can happen necessitate that the contractor protect himself with a assortment of complex and expensive insurance coverage ‘s. Without equal insurance protection, the contractor would be continuously faced with the fleeting possibility of serious or even catastrophic fiscal loss ( Clough 166 ) . Construction undertakings normally have in force several coincident contractual agreements between different parties. These understandings can be between proprietor and architect-engineer, between proprietor and general contractor, and between the general contractor and his several subcontractors. Contracts that provide for design-construct and building direction services and the usage of separate premier contracts can present extra considerations in the dialogue of the contract. When looking at all of these agreements as a whole within the building undertaking, these contracts can set up a complicated construction of duties for amendss originating out of the building operations ( Clough 166 ) . Liability for accidents can be placed on the proprietor or architect-engineer, every bit good as on the premier contractor and subcontractors whose equipment and employees perform the existent work. Many building contracts typically require the contractor to presume the proprietor and archite ct-engineer ‘s legal liability for building accidents or to supply insurance for the proprietor ‘s direct protection. Consequently, a contractor ‘s insurance plan usually includes coverage ‘s to protect individuals other than himself and to protect him from liabilities non lawfully his ain ( Clough 166 ) . An insurance policy is a conditional contract under which the insurance company promises, for a consideration, to presume fiscal duty for a specified loss or liability. The policy itself is a legal papers incorporating many commissariats refering to the loss against which it affords protection ( Clough 167 ) . Basically, the jurisprudence of insurance is identified with the jurisprudence of contracts. However, because of its confidant association with public public assistance, the insurance field is closely controlled and purely regulated by federal and province legislative acts. Each province has an insurance regulative bureau that administers that province ‘s insurance codification, a set of statutory commissariats that imposes ordinances on insurance companies refering investings, militias, one-year fiscal statements, and periodic scrutinies. Insurance companies are controlled as to their organisational construction, fiscal personal businesss, and concern methods. In most pr ovinces insurance policies must conform to statutory demands as to organize and content ( Clough 167 ) . The province of Oklahoma has the Oklahoma Insurance Department ( hypertext transfer protocol: //www.oid.state.ok.us/ ) with the mission statement to â€Å"serve and protect the insurance purchasing populace. This will be accomplished by guaranting that consumers have available a solvent insurance market, a knowing industry from which to buy insurance, and by supplying high-quality policyholder service and instruction. To this terminal, the Department will implement the insurance Torahs and ordinances of this province impartially and expeditiously.† This organisation is an illustration of a province regulative bureau that administers the province ‘s insurance codification. A loss suffered by a contractor as a consequence of his ain calculated action can non be recovered by the contractor under an insurance policy. However, carelessness or inadvertence on the portion of the contractor will non by and large annul the insurance contract. The contractor must pay a premium as the consideration for the insurance company ‘s promise of protection against the designated loss. Many types of insurance require the premium to be paid in progress before the policy becomes a force and consequence. In the event of a loss covered by an insurance policy, the contractor can non retrieve more than his loss ; that is, he can non do a net income at the disbursal of the insurance company ( Clough 167 ) . Insurance companies can be organized as stock companies or as common companies. The stock companies are organized in a mode similar to that of a bank, and ownership is vested in shareholders. The proprietor of an insurance policy has no ownership in the company and assumes no hazard of appraisal if the insurance company encounters fiscal contraries ( Clough 167 ) . A common company is one in which the policyholders constitute the members of the sing company and association. Every policyholder of the common company is, at the same clip, an insurance company and an insured. If it happens that the premiums collected are in surplus of the losingss, the surplus is returned to the policyholders â€Å"dividends† . By the same item, if losingss outweigh income, appraisals of the policyholders may be possible. State Torahs permit common companies that satisfy certain trials to- bound or extinguish the appraisal that can be levied against the members. Consequently, the policies of many common companies are non-assessable. This varies well with the bylaws and policies of the single common company. In belongings and casualty insurance, a field of insurance particularly of import to contractors, several mutuals are among the largest companies. In life insurance likely a bulk of the largest companies are mutuals ( Clough 167 ) . With the many jeopardies that confront the building concern and the many types of insurance types that a contractor can purchase for protection and hazard direction, it could be considered to be difficult for a contractor to make up one's mind merely what insurance is truly needed on building undertaking. In world, the contractor rather frequently has no pick. For illustration, it is standard pattern that building contracts require the contractor to supply certain insurance coverages ( Clough 167-168 ) . Construction contracts typically make the contractor responsible for obtaining coverages such as workingmans ‘s compensation insurance, contractor ‘s public liability and belongings harm insurance, and contractor ‘s contingent liability insurance. Property insurance to protect and liability insurance to protect the proprietor may be made the duty of either the proprietor or the contractor, depending on the contract ( Clough 167-168 ) . There are many illustrations of particular insurance being required by contract when the building involves unusual hazards or conditions. When the contract delegates to the contractor specific duty for obtaining certain insurance, it is customary that he be required to subject insurance certifications to the proprietor or the architect-engineer as cogent evidence that the coverage stipulated has, in fact, been provided ( Clough 167-168 ) . Some Construction contracts require the contractor to keep the proprietor and architect-engineer harmless by accepting any liability that either of them may incur because of operations performed under the contract. Most contract paperss that contain such insurance clauses are expressed in necessitating the contractor to secure appropriate contractual liability insurance ( Clough 167-168 ) . With respect to contractual insurance demands, it is ever good pattern for a contractor to subject a transcript of the contract paperss to his insurance company while the occupation is being bid and before building operations commence for analysis. The contractor is non normally an insurance expert and is non truly competent to measure the hazards and liabilities placed on-him by the contract. The contractors insurance agents or agents are qualified to analyse the paperss and rede him refering the insurance demands dictated by the linguistic communication of a given building contract ( Clough 167-168 ) . Certain sorts of insurance are required by jurisprudence, and the contractor must supply them whether or non they are called for by the contract. Workmen ‘s compensation ; motor vehicle ; unemployment ; and old age, subsister ‘s, and disablement insurance are illustrations of coverages required by legislative act. The jurisprudence makes the independent contractor apt for amendss caused by his Acts of the Apostless of skip or committee. In add-on, the premier contractor has a contingent liability for the actions of his subcontractors. Therefore, whether or non the jurisprudence is specific refering certain types of insurance, the contractor as a practical fact must secure several different classs of liability insurance to protect himself from his legal duty for amendss caused by his ain building operations every bit good as those of his subcontractors ( Clough 168-169 ) . Aside from coverages required by jurisprudence and the building contract, it is the contractor ‘s prerogative to make up one's mind what insurance shall be carried. Such elected coverages pertain chiefly to the contractor ‘s ain belongings or to belongings for which he is responsible. It is non economically possible for the contractor to transport all the insurance coverages available to him. That is why a contractor must measure the hazard with a hazard direction program in order to make up one's mind which tools of insurance demand to be utilized. If he purchased insurance protection against every hazard that is insurable, the cost of the ensuing premiums would enforce an impossible fiscal load on the building company. The extent and magnitude of a contractor ‘s insurance plan can be decided merely after careful survey, appraisal, and analysis. If a hazard is insurable, the cost of the premiums must be balanced against the possible loss and the chance of its happe ning and a determination must be made to what the contractor is willing to hazard. There are building hazards that are non insurable, and associated losingss must be regarded merely as ordinary concern disbursals ( Clough 169 ) . At times careful planning and punctilious building processs can minimise a hazard at less cost than the premium of a covering insurance policy. This becomes a halfway point of hazard direction. Thus the contractor may take to presume a deliberate hazard instead than to pay a high insurance premium. A contractor with experience in executing this procedure can salvage money and finally make an border over other contractors offering on the same building work. A common illustration by Richard Clough Tells of presuming such a hazard involves building that is to be erected instantly next to an bing construction. If the nature of the new building is such that the bing construction may be endangered by colony or prostration, the contractor has two classs of action unfastened to him. As one option he can include in his estimation the premium for a prostration policy. Such protection is high in cost and is by and large available merely with significant deductible sums. Alternatively, the contr actor can presume the hazard himself without insurance protection, taking to trust on his accomplishment and on extraordinary safeguards in building processs to acquire the occupation done without bad luck ( Clough 1981 ) . Insurance coverages are complex, and each new building contract presents its ain jobs. The contractor should choose a competent insurance agent or agent who is experienced in building work and familiar with contractors ‘ insurance jobs. Without competent advice, the contractor is rather apt either to incur the gratuitous disbursal of overlapping protection or to expose himself to the danger of critical spreads in his insurance coverage. The contractor can frequently cut down his insurance cost by maintaining his representative advised in item as to the nature and behavior of his building operations ( Clough 1981 ) . There are many different types of building insurance coverages, and non every policy is applicable to any one building undertaking. The types vary for each undertaking. The undermentioned checklist ( Clough 170-173 ) is non represented as being a complete list of insurance that could be needed on a building undertaking or as portion of a hazard direction plan, but it does incorporate insurance coverages typical of the building industry. Property Insurance on UndertakingAll-risk builder ‘s hazard insurance – This insurance protects against all hazards of direct physical loss or harm to the undertaking or to associated stuffs and occupation equipment caused by any external consequence, with celebrated exclusions. Builder ‘s hazard fire insurance – The basic policy provides protection for the undertaking, including stored stuffs and occupation equipment, against direct loss by fire or lightning. A figure of separate indorsements to the builder ‘s hazard fire insurance policy are available that add coverage for specific losingss.Extended coverage indorsement – This covers belongings against all direct loss caused by windstorm, hail, detonation, public violence, civil disturbance, aircraft, vehicles, and fume.Vandalism and malicious mischievousness indorsementWater harm indorsement – Insurance of this type indemnifies for loss or harm caused by inadvertent discharge, escape, or overflow of H2O or steam. Included are faulty pipes, roofs, and H2O armored combat vehicles. This does non include harm caused by sprinkler escape, inundations, or high H2O. Earthquake insurance – This coverage may be provided by an indorsement to the builder ‘s hazard policy in some provinces. Elsewhere a separate policy must be issued. Bridge insurance – This insurance is of the inland Marine type and is frequently termed the span builder ‘s hazard policy. It affords protection during building against harm that may be caused by fire, lightning, inundation, ice, hit, detonation, public violence, hooliganism, air current, twister, and temblor. Steam boiler and machinery insurance – A contractor or proprietor may buy this signifier of insurance when the boiler equipment of a edifice under building is being tested and balanced or when being used to heat the construction for stick oning, floor laying, or other intents. Unlike other belongings insurances listed here, this type includes some liability coverage. This policy covers any hurt or harm that may happen to or be caused by the boiler during its use by the contractor. Installation musca volitans policy – Insurance of this type provides protection for belongings of assorted sorts such as undertaking equipment and machinery ( heating and air conditioning systems, for illustration ) from the clip that it leaves the topographic point of cargo until it is installed on the undertaking and tested. Coverage terminates when the insured ‘s involvement in the belongings ceases, when the belongings is accepted, or when it is taken over by the proprietor. Property Insurance on Contractor ‘s Own PropertyFire insurance on contractor ‘s ain edifices – This coverage affords protection for offices, sheds, warehouses, and stored contents. Endorsements for extended coverage and for hooliganism and malicious mischievousness are besides available. Contractor ‘s equipment insurance – This type of policy, frequently termed a musca volitans, insures a contractor ‘s building equipment regardless of its location. Motor truck lading policy – This insurance covers loss by named jeopardies to stuffs or equipment carried on the contractor ‘s ain trucks from provider to warehouse or constructing site. Transportation musca volitans – Insurance of this type provides all-risk or named-peril protection for a contractor ‘s or proprietor ‘s edifice stuffs and equipment while being delivered. Burglary, robbery, and larceny insurance – This signifier of insurance protects the contractor against the loss of money or negotiable securities through burglary, larceny, robbery, devastation, disappearing, or unlawful abstraction. Fidelity bond – This surety bond affords the contractor protection against loss caused by dishonesty of their employees. Dishonesty, devastation, and disappearing policy – A comprehensive policy of this signifier protects against the loss of money and securities, on and off the premises, caused by dishonesty, cryptic disappearing, or devastation. It insures against dishonesty of employees, loss of money and securities, loss of securities in safety sedimentation, and counterfeit. Valuable documents devastation insurance – This policy protects the contractor against the loss, harm, or devastation of valuable documents such as books, records, maps, drawings, abstracts, workss, mortgages, contracts, and paperss. It does non cover loss by malposition, unexplained disappearing, wear and tear, impairment, varmint, or war. Liability InsuranceEmployer ‘s liability insurance – This insurance is customarily written in combination with workingmans ‘s compensation insurance. It affords the contractor wide coverage for personal hurt or decease of an employee in the class of his employment, but outside of and distinct from any claims under workingmans ‘s compensation Torahs. Contractor ‘s public liability and belongings harm insurance – This insurance protects the contractor from his legal liability for hurts to individuals non in his employ and for harm to the belongings of others, which belongings is non in the contractor ‘s attention, detention, or control, when such hurts or damage originate out of the operations of the contractor. Contractor ‘s protective public and belongings harm liability insurance – This protects the contractor against his liability imposed by jurisprudence originating out of Acts of the Apostless or skips of his subcontractors. Contractual liability insurance – This signifier of insurance is required when one party to a contract, by footings of that contract, assumes certain legal liabilities of the other party. The usual signifiers of liability insurance do non afford this coverage. Owner ‘s protective liability insurance – This insurance protects the proprietor from his contingent liability for amendss originating from the operations of the contractor of his subcontractors. Completed operations liability insurance – This signifier of insurance protects the contractor from harm claims stemming from his alleged faulty public presentation on undertakings since completed and handed over to the proprietor. The usual signifiers of liability insurance provide protection merely while the contractor is executing his work and non after it has been competed and accepted by the proprietor. Employee InsuranceWorkmen ‘s compensation insurance – This insurance provides all benefits required by jurisprudence to employees killed or injured in the class of their employment. Old age, subsisters ‘ , and disablement insurance – This all-federal insurance system operated by the United States authorities provides old-age benefits to an insured worker and his household, subsister ‘s benefits to his household when the worker dies, and disablement benefits. Unemployment insurance – This federal-state insurance program provides workers with a hebdomadal income during periods of unemployment between occupations. Disability insurance – This insurance, required by some provinces, provides benefits to employees for disablements caused by non-occupational accidents and disease. Motor Vehicle InsuranceAssorted signifiers of insurance are available in connexion with ownership and usage of cars and trucks. Liability coverages protect the contractor against third-party claims of bodily hurt or belongings harm affecting the contractor ‘s vehicles or non-owned vehicles that are used in his involvement. Collision insurance, together with comprehensive fire and larceny coverage, indemnifies the contractor for harm to his ain vehicles. Business, Accident, and Life InsuranceBusiness break insurance – This insurance is designed to reimburse the proprietor for losingss suffered because of and break of his concern. Sole proprietary insurance – A policy of this type provides hard currency to help inheritors in go oning or disposing of the concern without forfeit in the even of decease of the proprietor. Accident insurance on spouses or cardinal work forcesLife insurance on spouses or cardinal work forces – This insurance reimburses the concern for fiscal loss ensuing from the decease of a cardinal adult male in the concern. It besides builds up a sinking fund to be available on his retirement. Group life insurance – contractors frequently purchase life insurance for their employees. This affords protection for each participant at a low group cost, the premium for which may be paid entirely or partially by the contractor. Extra sums can frequently be purchased by the employees at their ain disbursal. Group hospitalization insurance – such insurance screens hospitalization and surgical disbursals incurred by covered employees. Policies are frequently written to include the households of the employees. A part of the premium may be paid by the employer and the balance by the persons insured. It is of import to retrieve that insurance used in hazard direction, is valuable merely every bit long as the insurance policy is in consequence. The cancellation of an insurance policy can be lay waste toing if a loss occurs during a period for which no coverage exists. Although an proprietor may non be in a place to qualify that insurance policies can non be canceled, added protection is assured if the proprietor requires anterior presentment of such a cancellation ( Hinze 2001 ) . Surety bonds and insurance are considered to both be inactive hazard transportation devices paid for by premiums. In general, these are the lone chief similarities between these two hazard direction tools. The chief difference between insurance and surety bonds is that insurance companies presuppose that losingss will happen and surety bond companies do non presuppose that losingss will go on refering the building undertaking ( Haltenhoff 294 ) . If the contractor fails to execute in conformity with the contract, a bond can protect the proprietor. Sometimes an proprietor requires a bond from the contractor before a building undertaking is started. Many times, cogent evidence on the portion of the contractor is required to demo if the contractor is able to obtain the defined bond required by the proprietor. The proprietor may pay for this bond but wants to cognize before come ining into an understanding the sum of money required. If a contrac ­tor has an understanding with an proprietor to execute a certain range of work for a specific monetary value and does n't finish the work, the adhering company will either pay for work to be completed or happen person to finish the work. However, the bonding company is responsible merely up to the sum of the contract ( Gould 2003 ) . Surety bonds underwrite a fiscal duty of one party to another much the same as when a note co-signer hacks up a borrower of financess. If the borrower fails to refund the financess harmonizing to the note ‘s judicial admissions, the co-signer is lawfully obligated to make so. When this occurs, the co-signer ‘s resort is to seek restitu ­tion from the borrower ( Haltenhoff 294 ) . In the building industry, a surety bond is a pledge from a 3rd party ( the Surety ) to finish a contracted duty to a 2nd party ( the Owner ) made by a first party ( the Contractor ) who can non, for whatever ground, finish the contracted duty to the 2nd party. A surety bureau is paid a premium by the contractor for pro ­viding the bond to the proprietor, and the cost of the bond is passed on to the proprietor as portion of the contractor ‘s cost of the undertaking ( Haltenhoff 294 ) . Unlike a building insurance policy, a surety ‘s credence of a contractor as a client is based on the con ­tractor ‘s fiscal resources and public presentation record, non on fiscal ability to pay premiums. The contractor ‘s capacity sing their fiscal resources and public presentation record must be established and maintained to the satisfaction of the surety if a surety-contractor relationship is to be. The fiscal and capital assets of a contractor are an indicant of ability to refund the surety if the contractor defaults on a undertaking and the surety becomes must go involved. Normally, a con ­tractor ‘s fiscal province determines the size of the building undertakings in which the contractor can offer and obtain. A contractor with considerable assets will be permitted by the surety to offer and work on undertakings that contractors with lesser assets will non. By set uping adhering capacities, sureties determine which contractors can offer which undertaki ngs ( Haltenhoff 294 ) . The building contractor is obligated to refund all costs expended by the surety to finish the contractor ‘s duties, even if it forces the contractor into bankruptcy. If the con ­tractor defers to its surety, even though the contractor to the full repays the surety, the surety may break up its relationship with the contractor. Once dropped by a surety, a con ­tractor normally will hold great trouble happening another surety company willing to supply a surety bond. Because surety bonds are required on most public sector undertakings and many private sec ­tor undertakings, losing a bonding beginning excludes a contractor from a big portion of the building market topographic point ( Haltenhoff 294 ) . Since it takes considerable clip, attempt, and resources to restore a building company as bindable, it is ne'er in the involvement of the company to be put in a place of defaulting on a surety. There are many types of surety bonds and three of them are signally of import to con ­struction undertaking bringing: command bonds, public presentation bonds, and labour and material bonds ( Haltenhoff 1998 ) . Haltenhoff described them as: Bid bonds replace teller ‘s cheques on undertakings where a command security is required as portion of a contractor ‘s command. The command security backs up a bidder ‘s pledge to accept a con ­tract award if offered. If the contractor refuses an award, or for some ground can non come in into the contract, an sum equal to the difference between the contractor ‘s command and the following highest command is forfeited by the contractor to the proprietor ( normally as liqui ­dated amendss ) . As liquidated amendss, the sum forfeited can non transcend the difference between the commands or the face value of the command security, whichever is less. If a command bond is provided as security, the surety is pledged to pay the difference, if the contractor fails to make so. The extent of the surety ‘s engagement is stated in the bonding papers. Performance bonds backs up an awarded contractor ‘s pledge to finish his contracted duty to the exact demands and footings of the contract paperss. In the event it is determined that the contractor will non or can non finish his obliga ­tions, the surety is pledged to accept the duty in sort for the contracted sum. The surety has several options. The contractor can be retained by the surety and be made to finish the undertaking. The surety can replace the contractor with another contractor ( s ) . The surety can pay the proprietor the face value of the public presentation bond. In either of the first two options, the outstanding sum due the contractor at the point of default is paid to the surety when earned, harmonizing to the footings of the contract. The nature and extent of the surety ‘s engagement and its specific options are stated in the public presentation bond. Labor and material payment bonds protect the proprietor from paying twice for the labour, stuffs, and services in project building. In the event a party that docs non hold a contract with the proprietor but who has one with a party that has a contract with the proprietor is non paid by the party with the contract, the party that was non paid normally has a legal right to reassign the unpaid sum to the proprietor for direct payment. Most provinces have mechanic ‘s lien Torahs that allow unpaid parties to efficaciously go co-owners of an proprietor ‘s belongings to the dollar value of the unpaid sum. To cast the co-owner ‘s fiscal rights under the lien, the proprietor must pay the sum owed, irrespective of whether or non it was antecedently paid by the proprietor to the party who owed the money to the claimant. The labour and material payment bond shifts the duty for payment to a surety, alleviating the proprietor of the claim. In some legal powers, liens against publ ic belongings are non permitted to supply the same fiscal claim chance to contractors and providers involved in public undertakings, parties who hold contracts with proprietors must supply a labour and material payment bond. The extent and footings of the surety ‘s duty is stated in the bond provided to the proprietor by the contractor. In building, contractors maintain something called an experience qualifier, which is numerical in nature. A contractors ‘ experience qualifier ( EMR ) encourages contractors to better their safety public presentation while leting the insurance industry to roll up the needed financess to pay for the losingss. The insurance premium nest eggs offered through the experience-rating program about ever outweigh the disbursal needed to better safety public presentation. In other words, safety does so pay. Owners use the EMR to estimate the safety public presentation and experience of the general contractor or premier contractor, and the general contractor uses it to estimate the safety public presentation and experience of its subcontractors. An experience qualifier of.80 agencies that the contractor will have a 20 per centum price reduction on its workers ‘ compensation premium. A contractor with an experience qualifier of 1.20 will pay a 20 per centum surcharge on its workers à ¢â‚¬Ëœ compensation premium ( Lew 1999 ) . The experience qualifier is something that is normally an of import portion of the hazard direction plan. A batch of determinations based upon analysis are focused around how they will impact the EMR. Harmonizing to J.J. Lew ( 1999 ) , an experience qualifier had the undermentioned features for a contractor:An EMR is more a contemplation of past safety public presentation than current safety public presentation. The EMR is calculated by three full old ages of paysheet and loss information, stoping one twelvemonth prior to the effectual day of the month of the qualifier. A contractor might hold experienced good safety public presentation in the past, but has let the safety procedure oversight, and will non see the effects for possibly one or two old ages.Under a traditional CCIP or OCIP, the employer ‘s experience rate is the rate the employer has with the province for that peculiar policy twelvemonth as written by its bearer of record. Under a wrap-up, one EMR evaluation is est ablished for the full undertaking and the experience is determined by loss choices conducted by the insurance bearer that is composing the policy. This evaluation does non go with the employer — it is merely used for the wrap-up undertaking. In one case, it does go, and that is if there are subsequent stages of the same undertaking.In puting up a Controlled Insurance Program on a undertaking, it is noted that a significant sum of item is necessary in these plans. How these inside informations are administratively handled tends to order the success of the plan. If set up decently, the followers can besides be considered good due to execution of a CIP:Administrative betterments. CIP plans provide a system for tracking insurance credits, paysheets, and fiscal coverage on a building site. In add-on, certifications of insurance do non hold to be checked for each contractor at the jobsite, extinguishing the possibility of doing mistakes in look intoing the certifications of insuran ce for each contractor. CIP besides allows for a system for maintaining path of a contractor ‘s experience qualifier ( EMR ) . With a CIP, there is merely one certification of insurance, thereby extinguishing confusion.Improved undertaking safety. The usage of a CIP enables the operation of an efficient, cost effectual, and results-oriented safety plan. This is made possible through the usage of a co-ordinated attack to project safety, typically through the usage of a Program Safety Consultant. In add-on, smaller subcontractors may non be able to supply sophisticated loss control plans on their ain. By utilizing the CIP, the smaller subcontractors can take advantage of extremely proficient skilled safety directors and loss control forces.Proactive. CIP plans are proactive in that through better planning, belongings harm accidents can be reduced or kept from happening while still easing the timely completion of the building undertaking.Allows for competitory commands. The prima ry benefit that a CIP provides to an proprietor is the chance for obtaining more competitory commands for its building undertakings. This decrease in undertaking cost is made possible by liberating the contractor and all tier subcontractors from the legion and time-consuming insurance-related duties at a building site ( Lew 1999 ) . Godfrey ( 1996 ) found that the greatest grade of uncertainness is encountered early in the life of a new undertaking. Decisions taken during the earliest phases of a undertaking can hold a really big impact on its concluding cost, and continuance. Change is an ineluctable characteristic of any major capital undertaking, but its extent is often underestimated during these early stages ( Mills 246 ) . A technique frequently ignored is to avoid claims is cultivation of a good client relationship. Honesty in attack, regard for the client ‘s intelligence, grasp of the proper function of a professional advisor, and common courtesy ( replying phone calls and letters ) are possibly the best techniques to avoid claims and manage building hazards. These are non-legal considerations in add-on to other types of pull offing hazards ( Sweet 316 ) . In the terminal, the load of duty for placing hazards and covering with them remains with the party that carries the hazard. Appendix 1 contains a checklist of points to be considered in a hazard direction plan provided by the Association of General Contractors ( 2001 ) . Risk direction will non take all hazard from a building undertaking ; its chief focal point is to guarantee that hazards are managed in the most efficient mode. Undertaking directors will acknowledge that the clients must ever transport certain residuary hazards. This hazard must be analyzed in an organized and systematic manner sing the full impact of clip and cost on the undertaking. Risk direction is non intended to kill off worthwhile undertakings, or to stifle degrees of investing. It aims to guarantee that merely undertakings that are truly worthwhile are sanctioned. When using hazard direction techniques, the attitude of the director is of import and stairss should be taken to guarantee that every bit much pragmatism as possible is included in the analysis. Risk direction should be viewed as a positive procedure, and can be one of the most originative undertakings of the undertaking director. Its purpose is to bring forth realistic outlooks and increase the control of the procedure. In add-on, it can open the manner to happening advanced solutions that may non hold otherwise been considered ( Mills 251 ) . Appendix 1 Insurance/Risk Management ChecklistWorkers CompensationIncrease employers liability bound to $ 1,000,000Reviewed alternate evaluation programs, confined, self-insurance, deductibles, etc.Coverage applicable in all but monopolistic fund provincesDefense Base ActVoluntary compensation coverageStatus of executive officers or spousesStatus of United States-based employees sent outside the stateForeign employeesAircraft indorsementRepatriation disbursalUnited States Longshoremen ‘s and Harbor workers ‘ Compensation Act, Maritime, and Jones Act exposuresFederal employers liability coverageStop-gap employers liability coverageWorkers compensation deductibles, where permittedPolicy day of the months consistent with umbrella extra liability coverageJoint venture policiesChecked categorizations and auditsChecked overtime chargesOver-controlled, contractor controlled or other wrap-up plansExperience Rating ModifierBroad signifier named insuredCoverage for newly-formed entitiesAdvanc e notice of cancellation by earner, 60 twenty-four hours notice of cancellation and/or non-renewalBlanket release of subrogation if required by contractCommercial General Liability ( CGL )Happening ( CGL ) policy form— $ 1 million/ $ 2 million/ $ 2 millionOmission of selected contractual liability exclusionsCompleted operations and merchandises liability coverageBroad signifier belongings harm coverage broadenedChecked pollution coverage for jobsitesNotice of happening amendedNo exclusion of detonation, prostration, or belowground harmPersonal hurt liability coverage, take exclusion ( 4 )Limits of liabilityGeneral sum bound considerationsPer undertaking sum and per locations Broad signifier named insured indorsementBlanket extra insured if required by contractBlanket release of subrogation if required by contractVerified wide signifier liability extensions includedAdditional insured/protective liability demandsAdequate fire legal liability coverage and/or release of subrogati on for harm to leased premisesVerified host spirits liability coverage includedEmployee benefit liability coverage, bound of $ 1 millionCoverage for foreign operationsPolicy day of the months consistent with umbrella extra liability coverageOwned or non-owned watercraft liability coverageOwned or non-owned aircraft liability coverageLimits of liability consistent with extra umbrella demands for underlyingJoint venture yesteryear and nowadaysResidual wrap-up coverageCoverage for newly-formed entitiesAdvance notice of cancellation by earner, 60-day notice of cancellation/non-renewalBusiness Car PolicyLiability coverage applicable to any car, symbol â€Å" 1 †Minimum limits— $ 1 millionCheck nomadic equipment against car definitionsComplete and accurate agenda of cars, garage locations, coverages, and deductiblesAutomatic coverage for to boot acquired cars without notice to earnerAutomatic coverage for car physical harmAuto medical payments coveragePersonal hurt protectio n, if desiredNo-fault benefits, where applicableUnderinsured automobilists liability coverageDrive other auto coverage optionsAssigned drivers who have no personal car insurancePartnerships: Status of non-owned car coveragesAdditional insured ‘s: LessorsIndividual named insured indorsementAuto physical harm coverageDistinct coverages and deductibles by categorizations of carsDeductibles applicable to comprehensive coverageDeductibles applicable to hit coverageConsideration of alternate deductible degrees, premiumsHired carsForeign car exposuresPolitician

Friday, August 16, 2019

Legal Punishments

The two broadest types of rationales for punishment are retributive and utilitarian. Retributive rationale aims at punishing the criminal for the crime committed against the victim. This approach seems a little dubious since it calls for ‘an-eye-for-an-eye’ attitude towards the criminal. Utilitarian perspective calls for solutions that hurt the smallest number of people or benefit the greatest number. Thus, the punishment according to the utilitarian perspective should be modelled in such a way as to benefit the victim and others mostly and to reduce crime rate at present and in the future. For instance, if the criminal is put in prison, he or she will not be able to commit crimes for the time spent in captivity. Deterrence, incapacitation and rehabilitation are the most popular utilitarian rationales for penalties imposed upon criminals. Deterrence means that punishment is imposed upon the criminal in order to discourage this person and others seeing this example from perpetrating crimes in the future. Incapacitation means depriving criminal of the ability to commit offences as through capital punishment or incarceration. Rehabilitation aims at reforming the criminal, empowering the person to return to normal social life. 2. Support three-strike laws through a retributive rationale and then through a utilitarian rationale. The retributive rationale, in my view, does not work very well for three-strike laws that allow life sentences for repeat offenders. If the person committing a repeat crime has already done time for this crime, there is no reason to impose an enhanced punishment for the new offence. Three-strike legislation was caused by â€Å"the problem of a significant percentage of crimes committed by people who previously have committed crimes† (Harary 2003). The laws aim to incapacitate these criminals by taking them off the street and to deter other repeat offences   through the threat of the life sentence. Rehabilitation is not the reason since criminals are not supposed to get back to society. References Harary, C.J.   (2003, April 4). Incarceration as a Modality of Punishment. Jewish Law. Retrieved on October 7, 2005 from http://www.jlaw.com/Articles/ch_incarceration.html. Hoff, S.B. (n.d.). Review of: Pojman, L. & Reiman, S. (1998). The Death Penalty: For And Against. Lanham: Rowman and Littlefield Publishers, 1998. Law and Politics Book Review, 9(9), 384-386.

Thursday, August 15, 2019

The Boston Tea Party

The Boston Tea Party was a significant event in the years leading up to the American Revolution. By 1773 tensions were mounting as British America’s relationship with Mother England became increasing strained. The British Empire has secured victory in the French and Indian Wars but had run up an incredible war debt. King George III and the British Government looked to taxing goods in the American colonies as a means to replenish its treasury. It was in this the passing of the Tea Act 1773 that ignited a standoff and brought the issue of taxation without representation in Parliament to head.As a result, the colonists took action and began overt revolt to British rule in the Americas (Boston Tea Party Historical Society). This paper will explore the incidents that led up to the Boston Tea Party and its impact on subsequent events leading up to the American Revolution. The incident that has been termed the Boston Tea Party occurred on December 16, 1773, when government officials in Boston refused to return three shiploads of taxed-imposed tea to Britain. A group of colonists boarded the ships in disguise and destroyed the tea by throwing it into Boston Harbor (BTPHS).The Tea Act of 1773 essentially allowed one of Britain’s greatest commercial interests of the day, The East India Company, a monopoly over tea imports to all British colonies. Due to increased competition from the Dutch and the already high tax the Crown placed on tea, the East India Company had a surplus of tea. The solution that King George III and Parliament came up with was to force this tea on the colony (Knollenberg 93). Basically, a captive market was created for British products by the British Government. There was fear amongst the colonists that this could extend to products other than tea.The colonists’ actions and the government reaction widened an already growing chasm between Crown and colonists (Larabee 106). During the years of 1754 through 1763, the British Empire was involved in The French and Indian War, a protracted conflict with rival power France for control of settlements in America. The French allied themselves with Native American tribes to rid the colonies of the British. At the end of this conflict, Britain was successful in securing the conquest of Canada. During this period of time, the thirteen American colonies flourished and grew ncreasingly less dependent on Great Britain. With the need to re-establish control over the Colonies and recoup their war costs, Parliament passed a series of acts to which did nothing but agitate the already frustrated colonists and further strain relations between the Crown and the Colonies (Cave 2004). There were two major actions by Parliament that exacerbated the already strained relationship with the Colonies. First, the Stamp Act of 1765 met with significant colonial resistance. This act required that printed material in the colonies carry a tax stamp.These printed materials included: legal docu ments, magazines, newspapers and other types of paper frequently used throughout the colonies (Goldfield 144). Second, Parliament passed the Townshend Acts. These five Acts has the purpose to raise revenue in the colonies to pay the salaries of governors and judges so that they would be independent of colonial control, to create a more effective means of enforcing compliance with trade regulations, to punish the province of New York for failing to comply with the 1765 Quartering Act, and to establish the precedent that the British Parliament had the right to tax the colonies (Larabee 32-33).Both items created resentment and highlighted the issue of taxation without representation. The Boston Tea Party event was not a singular incident and it had very little to do with the tea itself. The tea shipment became a sticking point between the British and the colonists as it was the taxation on the tea that was objectionable. The core issue of being taxed without having fair legislative say in the government had been a recurring theme in the years leading up to 1773. When the Boston Tea Party incident took place, the more militant colonists felt they had no other options available to them.Previous complaints or entreaties to Parliament, Prime Minister Lord North, or King George III went without resolution (Alexander 126). As such they took matters into their own hands. American Patriot Samuel Adams argued at the time that the incident was not the act of a lawless mob, but rather a protest based on principle. The colonists felt their rights were eroding and were moved to action (Alexander 129). The fallout from the Boston Tea Party was severe and greatly impacted the economy of Boston. Authorities in Britain and the colonies were outraged and felt that this action could not go unpunished.A series of acts were passed by Parliament in 1774 that were collectively called the â€Å"Coercive Acts. † The Boston Port Act closed the Port of Boston as punishment until the destroyed tea was paid for in full and the king was satisfied that Boston was firmly under British control. This created animosity as it affected all of Boston, regardless of connection with the Boston Tea Party and did not allow for a defense to be given against the charges. The Massachusetts Government Act took away the colonists’ ability to select their own local officials.All members of the colonial government had to be appointed by the governor or king. This reverberated throughout the colonies as it was feared that such a thing could happen elsewhere (Ammerman 9-10). The Administration of Justice Act allowed the governor to move trials of accused royal officials to another colony or to Great Britain if he believed the official could not get a fair trial in Massachusetts. Although the act stipulated that witnesses would be paid for their travel expenses, in practice few colonists could afford to leave their work and travel to England to testify in a trial.There was also there fear that British officials could harass American colonists and escape justice. The Quartering Act applied to all of the colonies, and sought to create a more effective method of housing British troops in America. Previously, the colonies had been required to provide housing for soldiers. However, colonial legislatures had not been cooperative. Here under this act the governor was allowed to house soldiers in other buildings if suitable quarters were not provided (Ammerman 10). The Coercive Acts did not have the desired effect.The British felt that these acts would isolate radicals in the colonies and push the American colonists to concede the authority of Parliament over their own elected governments. Great Britain miscalculated how these would be taken and soon learned that harsh nature of these acts galvanized support against Parliament. Many viewed the Coercive Acts as a violation of their constitutional rights, their natural rights, and their colonial charters. They ther efore viewed the acts as a threat to the liberties of all of British America, not just Massachusetts.The acts promoted sympathy for Massachusetts and encouraged colonists from the otherwise diverse colonies to form the First Continental Congress. The Continental Congress created the Continental Association, an agreement to boycott British goods and, if that did not get the Coercive Acts reversed after a year, to stop exporting goods to Great Britain as well. The Congress then also pledged to support Massachusetts in case of attack. Which of course meant that all of the colonies would be drawn into the American Revolutionary War began at Lexington and Concord (Ammerman 15).Over time, the Boston Tea Party has become synonymous with unfair taxation and the abuse of government overstepping its boundaries. In 1773 Boston, the seeds of the American Revolution were being sewn. Through miscalculation and sheer abuse of the colonial system, Britain strengthened support for a growing movement toward independence. The Boston Tea Party then became more than a principled protest action against taxation; it became an event that demonstrated that a power cannot sustain rule with â€Å"consent of the governed. † The governed in this case, went on to fight and die for their rights. For the British government, its shortsightedness brought about its own downfall in this case.Works Cited Alexander, John K. Samuel Adams: America's Revolutionary Politician. Lanham, Maryland: Rowman ; Littlefield, 2002. Print. Ammerman, David. In the Common Cause: American Response to the Coercive Acts of 1774. New York: Norton, 1974. Print. Cave, Alfred A. The French and Indian War. Westport, Connecticut: Greenwood Press, 2004. Web. 12 February 2010. Knollenberg, Bernhard. Growth of the American Revolution, 1766–1775. New York: Free Press, 1975. Print. Labaree, Benjamin Woods. The Boston Tea Party. Originally published 1964. Boston: Northeastern University Press, 1979. Print. â€Å"W hat Was the Boston Tea Party? † Boston Tea Party Historical Society. 2008. Web. 12 February 2010. Goldfield, David R. , Dejohn-Anderson, Virginia and Abbot, Carl. The American journey: a history of the United States. Upper Saddle River, New Jersey: Prentice Hall, 2009. Print. Young, Alfred F. The Shoemaker and the Tea Party: Memory and the American Revolution. Boston: Beacon Press, 1999. Print.

Wednesday, August 14, 2019

Racism in Professional Sports

Racism is a problem that has existed in our society for many years. The roots of racism date back to when slavery was considered normal, and even further back then that. Racism happens all the time, everyday and everywhere. It is a complex issue which occurs at many different levels. In the world of sports racism is happening more often and becoming more of a concern. The first major example is of Jackie Robinson. Robinson is considered a leader in the black community for breaking the color barrier in the sport of baseball. Although Robinson went through a great deal of prejudice, many black athletes today face similar problems. The National Hockey League, Major League Baseball, and many other associations are dealing with this problem even still today. Racism doesn't only occur on the field. Today the management side of sports is more racist then the on field part. Racism is a problem that existed in sport when it first originated and continues to exist even in the world of sport today. Racism started in the beginning of sport when there were two separate leagues, the white league and the black league. It was in 1947, when Jackie Robinson stepped into the white world of baseball, that people noticed this was occurring. At the time no one was concerned with this because everything was segregated back then. â€Å"The verbal taunting, physical abuse, and death threats unleashed on him and his family had the 27 year old on the verge of mental breakdown (Guss, 1997). Robinson got through it by ignoring all those comments and using it as the reason he would play, to prove everyone wrong. He realized that he represented an entire race of people and if he were to explode he would condemn himself and his entire race. â€Å"I suffered then because I hoped to provide a better future for my children and for young black people everywhere, and because I naively believed that my sacrifices might help a little to make America the kind of country it was supposed to be†(Guss, 1997). Despite all the negativity, Robinson excelled in the majors by winning the 1947 Rookie of the Year award and helping lead his team to the World Series. Robinson's perseverance throughout his career is what paved the way for black athletes to make a stand and prove to the world that they can compete with white athletes. After Robinson's career was over the opportunity for black athletes to play on the same level as whites athletes had increased greatly. Although Jackie Robinson was discriminated upon half a century ago many black athletes today have to go through similar racism. In Major League Baseball racism is still a concern. Even though today African Americans are given an equal opportunity to compete, there are still certain people and players that disagree with this. In the same day and age that Albert Belle can earn $10 million per year, indicating that players are paid based on talent rather than skin color or personality, African Americans failed to make any progress (Guss, 1997). A big controversy that occurred during the 2000 baseball season included Atlanta Braves relief pitcher John Rocker. In an interview with Sports Illustrated Rocker made many derogatory, sexist, and racist remarks about the city of New York and the people who lived there. For his actions he was given a 22 game suspension and a reputation in society and throughout baseball as a racist(http://www. spn. go/profile/prifiles. com/mlb). Another example of racism in modern day baseball involves Marge Schott. â€Å"In an interview with Primetime Live, Cincinnati Reds owner Marge Schott repeated her belief that everyone uses the word nigger. She argued that racism is an invention of the press. Schott had been suspended from baseball for allegedly declaring that ‘I'd rather have a trained monkey working for me then a nigger,' and remarking ‘Hitler was good in the beginning but he went too far†(Steinberg, 1992). Schott was punished for her remarks with a $25,000 fine, a suspension for one year, and removal from the Reds day to day operations. Baseball chairman Bud Selig wants to make it clear to everyone associated with baseball that racism will not be excepted in this business. From John Rocker to Marge Schott the world of baseball has been altered by their remarks. It was thought that there was racist thoughts in Major League Baseball, but these two actions brought it to the forefront. The chairman definitely made the right move by suspending and fining these two. By doing that he shows that â€Å"racist utterances have no place in the national pastime†(Kirshenbaum, 1993). The National Hockey League is a sport that has been dominated by white players for its entire existence. There is an extremely small percentage of black players in the NHL today. Mike Greer of the Edmonton Oilers is one of these few black players. During one of the games last season Greer was being given a hard time and players kept yelling racial slurs at him. Another incident that occurred was between Marty McSorley and Donald Brashear. Donald Brashear, like Greer, is one of the few African Americans in the National Hockey League. The incident that occurred between these two was that McSorley hit Brashear in the face with his stick. This happened toward the end of the game, in which MrSorley was immediately thrown out of the game. NHL Commissioner Gary Bettmann acted quickly by hitting McSorley with a suspension for the remainder of the regular season, which only had twenty three games remaining. This was the longest suspension for any player due to an on ice incident. On top of that suspension the case was taken to court. â€Å"Although McSorley was found guilty by a Canadian court he received only an eighteen months probation, and the offense won't appear on his record if he completes the time without violating the terms of the probation. McSorley is also forbidden to play against Brashear in Canada or the U. S. during the probationary period. As an unrestricted free-agent it's possible no one will sign the 17-year veteran; if they do, he must meet with NHL Commissioner Gary Bettman before being reinstated†(Hardesty, 2000). Race is an issue everywhere and it always going to be,† says Pro Bowl running back Ricky Watters. â€Å"It's sneaky now. The owners have to be politically correct now. It isn't fashionable anymore to be a racist. Now they have to kind of go behind the scenes, but believe me it's still there. It's not really something you can explain. It's just a feeling. Just look at how many black head coaches were hired this year†(Guss, 1997). This quote was in response to the year of 1997 when Sherm Lewis, offensive coordinator for the Green Bay Packers who is African American wasn't even interviewed for a head coaching job. This is an issue because teams usually look for successful coordinators to be the head coach of their team. Sherm Lewis had just led his team to a Super Bowl appearance, while having his offense lead the league in points and yards per game. On top of this Dan Reeves, former coach of the New York Giants, was offered a head coaching position for the Atlanta Falcons after going 31-33 his last four years. It makes you wonder why a successful offensive coordinator with four Super Bowl appearances under his belt would not get interviewed while another man with a poor record would be given a head coaching job. As NFL's all time sack leader Reggie White puts it, â€Å"There is racism in the NFL. There are teams who have problems with black coaches and black quarterbacks†(Guss, 1997). Racism does exist in every aspect of life. From earlier times to more recent times it is obvious that racism is a part everyday life. When Jackie Robinson broke the color barrier in sports in 1947 he had imagined that by today things would have changed significantly, and to some extent they have. Even though African Americans are now allegedly offered similar treatment in sport, they are still treated differently. In all sports there is a very small percentage of African American coaches and managers. In some cases the black coach has had a much better resume, but still not given the job. This is the world we live in today. Racism is still a problem and will continue to be until their are changes made in the front office. As Hank Aaron says, â€Å"It's a closed society in many ways. We will still have some problems in sports, no question about it. I want people to realize that we still have a long way to go†(Guss, 1997).

Beloved on Slavery

This is true because most of the major events in the story relate to some type of slavery. The slavery that drives the novel does not have to be strictly physical slavery. Morrison†s characters are slaves physically and mentally. Although they are former slaves, they are forever trapped by horrible memories. The type of slavery the novel initially depicts does not correspond to what really happened to slaves in the 1800s. At Sweet Home, Mr. and Mrs. Garner treated their slaves like real people. Mr. Garner is proud of his slaves and treats them like men, not animals. . . . they were Sweet Home men — the ones Mr. Garner bragged about while other farmers shook their heads in warning at the phrase. [He said,] â€Å". . . my niggers is men every one of em. Bought em thataway, raised em thataway. Men every one. â€Å"1 The things that occurred at Sweet Home while Mr. Garner is alive are rather conservative compared to what slaves actually suffered during this time period. Under the management of schoolteacher, things change dramatically. He turns Sweet Home into a real slave plantation. He treats and refers to the slaves as animals. He is responsible for the horrible memories embedded in Sethe and Paul D. Sethe feels the impact of slavery to its fullest extent. Slavery pushes her to kill her baby daughter. She feels that is the only way to protect her beloved daughter from the pain and suffering she would endure if she became a slave. The minute she sees schoolteachers hat, Sethe†s first instinct is to protect her children. Knowing that slave catchers will do anything to bring back fugitive slaves and that dead slaves are not worth anything, Sethe took matters into her own hands. On page 164 Sethe says, â€Å"I stopped him. I took and put my babies where they†d be safe. † Paul D asks, â€Å"How? Your boys gone you don†t know where. One girl dead, the other won†t leave the yard. How did it work? â€Å"They ain†t at Sweet Home. Schoolteacher ain†t got em,† replies Sethe. This one incident does not only affect Sethe, but it changes things for Beloved and Denver as well. Beloved loses her life to slavery. Her own mother sacrifices her existence in order to keep her out of slavery. As for Denver, she is indirectly affected by the horrors of slavery. She has to put up with living in a haunted house because her mother refuses to run away again. On page 15 Sethe says, â€Å"I got a tree on my back and a haint in my house, and nothing in between but the daughter I am holding in my arms. No more running — from nothing. I will never run from another thing on this earth. † Sethe becomes a slave again when she realizes who Beloved really is. She feels indebted to Beloved for taking her life. In an effort to gain forgiveness, Sethe decides to focus all her energy on pleasing Beloved. When once or twice Sethe tried to assert herself — be the unquestioned mother whose word was law and who knew what was best — Beloved slammed things, wiped the table clean of plates, threw salt on the floor, broke a windowpane. †¦ Nobody said, You raise your hand to me and I will knock you into the middle of next week. †¦ No, no. They mended the plates, swept the salt, and little by little it dawned on Denver that if Sethe didn†t wake up one morning and pick up a knife, Beloved might. 2 Then there†s Paul D, who replaces his â€Å"red heart† with a tin tobacco box. He refuses to love anything strongly and establish long term relationships because he is still hurting from losing his brothers and friends to schoolteacher. Schoolteacher also takes his pride and manhood away by forcing him to wear a bit. Paul D compares himself to a chicken. On page 72 he says, â€Å"But wasn†t no way I†d ever be Paul D again, living or dead. Schoolteacherchanged me. I was something else and that something else was less than a chicken sitting in the sun on a tub. † As a member of the chain gang he suffers another type of slavery because he is both a prisoner and a sexual servant. Even after he escapes and is a free man, Paul D is still a slave. He is a slave to his memory. Having been through so many horrible events, he has trouble finding happiness again. In her novel, Morrison uses the phrase, â€Å"Freeing yourself was one thing; claiming ownership of that freed self was another. † This applies to each and every one of her characters. Sethe will always be haunted by the memory of killing her own flesh and blood. It will be a long time until Paul D is ready to turn his tin box back into a red heart. While Denver finally ventures out of 124, she is not going to forget being shunned by the community and being held captive by her own house. As for Beloved, she is her own slave. Her constant dependency on Sethe makes her weak. Beloved needs to free herself from Sethe. Though it is hard, she needs to accept what has happened and move on. Beloved is about a group of people and how they deal with life†s hardships. Many issues in the story deal with control. There is a constant struggle for power throughout the novel. Each character fights to free him/herself from something or someone. The major theme in the story is freedom and how to acquire it. The critics are correct in saying that the novel is primarily about slavery, but they should mention that slavery means more than just being an indentured servant. Beloved on Slavery This is true because most of the major events in the story relate to some type of slavery. The slavery that drives the novel does not have to be strictly physical slavery. Morrison†s characters are slaves physically and mentally. Although they are former slaves, they are forever trapped by horrible memories. The type of slavery the novel initially depicts does not correspond to what really happened to slaves in the 1800s. At Sweet Home, Mr. and Mrs. Garner treated their slaves like real people. Mr. Garner is proud of his slaves and treats them like men, not animals. . . . they were Sweet Home men — the ones Mr. Garner bragged about while other farmers shook their heads in warning at the phrase. [He said,] â€Å". . . my niggers is men every one of em. Bought em thataway, raised em thataway. Men every one. â€Å"1 The things that occurred at Sweet Home while Mr. Garner is alive are rather conservative compared to what slaves actually suffered during this time period. Under the management of schoolteacher, things change dramatically. He turns Sweet Home into a real slave plantation. He treats and refers to the slaves as animals. He is responsible for the horrible memories embedded in Sethe and Paul D. Sethe feels the impact of slavery to its fullest extent. Slavery pushes her to kill her baby daughter. She feels that is the only way to protect her beloved daughter from the pain and suffering she would endure if she became a slave. The minute she sees schoolteachers hat, Sethe†s first instinct is to protect her children. Knowing that slave catchers will do anything to bring back fugitive slaves and that dead slaves are not worth anything, Sethe took matters into her own hands. On page 164 Sethe says, â€Å"I stopped him. I took and put my babies where they†d be safe. † Paul D asks, â€Å"How? Your boys gone you don†t know where. One girl dead, the other won†t leave the yard. How did it work? â€Å"They ain†t at Sweet Home. Schoolteacher ain†t got em,† replies Sethe. This one incident does not only affect Sethe, but it changes things for Beloved and Denver as well. Beloved loses her life to slavery. Her own mother sacrifices her existence in order to keep her out of slavery. As for Denver, she is indirectly affected by the horrors of slavery. She has to put up with living in a haunted house because her mother refuses to run away again. On page 15 Sethe says, â€Å"I got a tree on my back and a haint in my house, and nothing in between but the daughter I am holding in my arms. No more running — from nothing. I will never run from another thing on this earth. † Sethe becomes a slave again when she realizes who Beloved really is. She feels indebted to Beloved for taking her life. In an effort to gain forgiveness, Sethe decides to focus all her energy on pleasing Beloved. When once or twice Sethe tried to assert herself — be the unquestioned mother whose word was law and who knew what was best — Beloved slammed things, wiped the table clean of plates, threw salt on the floor, broke a windowpane. †¦ Nobody said, You raise your hand to me and I will knock you into the middle of next week. †¦ No, no. They mended the plates, swept the salt, and little by little it dawned on Denver that if Sethe didn†t wake up one morning and pick up a knife, Beloved might. 2 Then there†s Paul D, who replaces his â€Å"red heart† with a tin tobacco box. He refuses to love anything strongly and establish long term relationships because he is still hurting from losing his brothers and friends to schoolteacher. Schoolteacher also takes his pride and manhood away by forcing him to wear a bit. Paul D compares himself to a chicken. On page 72 he says, â€Å"But wasn†t no way I†d ever be Paul D again, living or dead. Schoolteacherchanged me. I was something else and that something else was less than a chicken sitting in the sun on a tub. † As a member of the chain gang he suffers another type of slavery because he is both a prisoner and a sexual servant. Even after he escapes and is a free man, Paul D is still a slave. He is a slave to his memory. Having been through so many horrible events, he has trouble finding happiness again. In her novel, Morrison uses the phrase, â€Å"Freeing yourself was one thing; claiming ownership of that freed self was another. † This applies to each and every one of her characters. Sethe will always be haunted by the memory of killing her own flesh and blood. It will be a long time until Paul D is ready to turn his tin box back into a red heart. While Denver finally ventures out of 124, she is not going to forget being shunned by the community and being held captive by her own house. As for Beloved, she is her own slave. Her constant dependency on Sethe makes her weak. Beloved needs to free herself from Sethe. Though it is hard, she needs to accept what has happened and move on. Beloved is about a group of people and how they deal with life†s hardships. Many issues in the story deal with control. There is a constant struggle for power throughout the novel. Each character fights to free him/herself from something or someone. The major theme in the story is freedom and how to acquire it. The critics are correct in saying that the novel is primarily about slavery, but they should mention that slavery means more than just being an indentured servant.

Tuesday, August 13, 2019

War of the third Coalition Research Paper Example | Topics and Well Written Essays - 1250 words

War of the third Coalition - Research Paper Example The five articles were located using the Google search engine using key words such as â€Å"Third Coalition† and â€Å"Napoleon I.† Peer reviewed scholarly articles were excluded from the search results, along with encyclopaedia entries which were in any case usually rather superficial. The selected internet sources are briefly described in turn with an emphasis on deciding how accurate and useful they are for academic purposes. Text 1 â€Å"Napoleonic Wars† (FAMT, undated). This source is an aticle on the whole series of Napoleonic Wars which has a brief paragraph on each of the coalitions. There is no author mentioned, and no firm date, although the site does suggest that all articles have been written between 2008 and 2010. The most striking feature of the article is its breezy style, and use of imaginative and emotive language, for example â€Å"Napoleon taught the Austrians another lesson at the Battle of Ulm in 1805, but it didn’t last very longâ₠¬  (FAMT, undated, p.1) This kind of comment is not very specific, since the phrase â€Å"taught the Austrians another lesson† gives no quantitative details of troop numbers, or indication of tactics, or indeed any details at all about the apparently decisive Battle of Ulm. There are serious doubts about the objectivity of this article, and this can be seen both in the content and in the nature of the website which hosts it. The anonymous author’s conclusion is flagged as being controversial, and indeed the claim that â€Å"Anglosphere money power financed Napoleon’s remarkable career† (FAMT, undated, p.1) gives a hint that there is a hidden agenda. The author acknowledges that â€Å"this is not a popular view of Napoleon† (FAMT, undated, p.1) and hints that more research might produce evidence to support it! The website hosting the article is set up to resemble an information/news/reference site, modelled on a newspaper, as its title â€Å"The D aily Bell† suggests. Its express purpose appears to be â€Å"to promote and support the widespread advancement of laissez-faire economic principles† and this betrays a strong political and ideological bias. This site is not suitable as a secondary source for information on the Third Coalition and Napoleon but it is perhaps interesting as a primary source on the way contemporary political organisations are attempting to use the internet to re-write, or re-interpret history in order to support particular beliefs. Text 2 â€Å"The French Revolutionary & Napoleonic Wars† (Hickman, undated) This source is a formal narrative giving bare facts about the events in Napoleon’s career, including the War of the Third Coalition. It gives a few key dates, and provides hyperlinks for key persons and places such as â€Å"Lord Horatio Nelson† and â€Å"Trafalgar†, along with some images of classical works of art which illustrate scenes mentioned. As a histori cal source it is accurate, but much too superficial to be of any use to serious researchers. There are no sources given, and although there are further topic headings pointing the reader to other â€Å"Ask,com† pages, it is clear that this text is nothing more than a few bare facts with no analysis or theoretical debate. It is impossible also to check whether the author has selected the most important items to list, and indeed it could be argued that the extreme summary falsifies the complexity of the events described. One positive feature of the text is that the author’