Thursday, February 20, 2020

Blacks Assignment Example | Topics and Well Written Essays - 1000 words

Blacks - Assignment Example In the 1870’s about 80% of American Blacks lived in the southern rural American area where there was large scale exploitation of laborers by wealthy American land owners (Sampson 1464). This started to change in the late 1800’s when the Blacks in the south started to migrate to better cities in the south and to the north for a better life especially during the American industrialization. This change brought about a great change in the life of Black Americans in the Unite d States of America socially, politically and economically. The Black ghettos did not just emerge, but were occasioned by among other reasons, a systematic arrangement of the Whites to prevent the Blacks from acquiring proper urban housing in certain areas and to segregate them. Socially, Blacks were considered to be inferior to Whites and were created to serve the Whites, a mentality which was strengthened by the Jim Crow laws. Though small areas that were occupied mainly by Blacks had existed before, Black ghettos started to emerge in the north with the migration of Blacks to the United States of America during the First World War, the Second World War and the 1920’s. ... Blacks were systematically removed from areas considered to be White neighborhoods due to this ideology. There was also the scenario where people who engaged in communal violence were singled out and confined to certain places and for the Blacks; this was in the ghettos (Douglas and Nancy 17). This practice mostly targeted Blacks who were considered to be violent in nature. In the period around 1920, there was also what was referred to as targeted violence which was mostly directed to the Black middle class by their White counterparts, which also gave rise to the expansion of the Black ghettos and relegation of Blacks to what were considered as Black neighborhoods. The Whites would collect money to buy out middle class urban dwellers from their neighborhoods with threats of dire consequences for non compliance, which gave rise to the concentration of Blacks to certain neighborhoods. Those Blacks who could afford to live in White neighborhoods were attacked and their houses looted or burnt just because of the color of their skin. The neighborhoods especially in the south were characterized by large avenues which housed Whites and small streets and poor dwellings which housed Blacks, with the Blacks working as house helps and farmhands in the White neighborhood dwellings. The mentality of Master /slave had been replaced by master/servant relationship but the Black was still seen as subservient to the White. Incase of arrests for the offences, the culprits would be the Blacks instead of the White attackers. The Whites considered Blacks no matter their social, economic or educational standing to belong to the Black neighborhoods, with the support of the state through the Jim Crow laws and other segregate

Tuesday, February 4, 2020

Issue of increase in the length of annual report Essay

Issue of increase in the length of annual report - Essay Example All of this means that a prospective reader of the report will have to analyze a large number of pages to reach to appropriate conclusion. The analysis of this report is to analyze the issues arising out of increase in the length of annual reports. The first section of the essay covers the major reasons of increase in length. The second section analyzes the impact of the larger size in terms of effectiveness of communication to appropriate stakeholders and the problems therein. We will then conclude with the possible solutions to the problems identified. Reasons for increase in the length of annual report One of the primary reasons for the increase in the length of the annual report is the imposition with regards to the representation of information in annual reports. The various statutory laws and the mandatory disclosure that the organizations have to make in their annual reports: Director’s reports including business review: This section which has been made mandatory by the Companies Act (CA 2006) shall cover the performance of the company including analysis of the significant developments happening in the company and the industry, analysis of key financial indicators, the trends in the industry, employee information, the macro and industry level environment factors along with social and community issues and initiatives. The operating and Financial Review: These guidelines published by the ASB’s reporting statement have made it voluntary for organizations to publish the operating and financial review. For example discussion on investment in intangible assets such as brands and liquidity is a very important requirement for organizations. The 2008 Annual report of Reed Elsevier and Great Portland Estate’s annual report such discussions in length. Corporate Governance disclosure: The Listing Rules, The Disclosure and Transparency Rules (DTR), The Combined Code and supporting guidance make it mandatory for a firm listed in UK to make stateme nt of its application and compliance to the main principles of the Code. There are additional requirements imposed on by the Turnbull Guidance (on internal controls), the ‘FRC Guidance’ on audit committees. The organization is also required to ascertain its status as a going concern in the annual report through appropriate explanations. Some of the other additional items that are required as per various statutory laws in the annual reports include: Responsibility statement from the appropriate selected member Director’s liabilities for disclosures Information on gap between gender pay Greenhouse gas emissions Audit The Companies Act 2006 (CA 2006) has also resulted in additional business review requirements in the annual reports of the listed organizations. Material contracts: Lord Sainsbury in 2006 also suggested adding certain important material contracts of the firm with suppliers as well as buyers that have a significant impact on the business. Certain annual reports contain certain information that is not relevant to any of the stakeholders. In addition, organizations also indulge in reporting information that does not change from year to year in annual reports. Immaterial disclosures that make it difficult for the reader to identify and analyze relevant information also increase the length of annual report. Such type of information has been called ‘clutter’ by the ASB. Majority of the clutter in the annual

Monday, January 27, 2020

Is the UK welfare state in crisis?

Is the UK welfare state in crisis? Since the British Welfare state materialized in 1945, the debate on how to reform it has never ceased. In the first 25 years after it was introduced, the debate concerned how to increase its scope and abolish means-tested benefits. Then, after the economic crisis in the 1970s, the aim was on how to trim it back. Now, the future of the welfare state itself it the subject of fierce debate. In this essay I will begin with a history of the UK Welfare State and how it came about, before analysing a few of the key elements of the welfare state which will help me decide whether the welfare state is in crisis. I will then finish with a conclusion with my thoughts and views, verbalised. The narrow definition of the welfare state comprises two types of government spending; (1) cash benefits to households such as transfers and income insurance and (2) subsidies or direct government provision of human services such as pre-schooling, education, child care, health care and old age care. The broader definition of welfare state includes housing policies, price regulation, job security legislation and environmental policies1. The purpose of the welfare state is to create economic equality or to assure equitable standards of living for all2, to protect British people from unemployment3, and to encourage the provision of the social services on the same basis as the public services such as roads and libraries4. However, there are differing opinions as to whether the objective of the welfare state is a simple one, as John G. Francis states the purpose is to allocate public funds In order to secure certain minimum life support services for those most in need and to construct a c omprehensive set of social and economic policies designed to realize a certain vision of society.5 Morris Janowitz, on the other hand, paints a more minimal portrait of the welfare state: the welfare state rests on the political assumption that the well-being of its citizens is enhanced not only by allocations derived from their occupations and the marketplace but also grants regulated by the central government. He explains that in addition to the government provisions of benefits for its citizens, there are two further elements in his conception of a welfare state: (1) parliamentary regime determination of resource allocation and (2) the recognition of the states right to intervene in order to create the conditions under which citizens can pursue their goals. The welfare state was developed primarily by William Beveridge. In 1941, the British government commissioned a report into the ways Britain should be rebuilt after the Second World War, mainly how improvements could be made to the system of providing sickness and unemployment insurance. Beveridge was the obvious candidate to compile the blueprints for the welfare state due to his book on Unemployment: A Problem of Industry in 1909, in which he argued that full employment could be obtained if industry was not constrained by over regulation.7 In 1942 as the war reached its height, he produced his report The Report on Social Insurance and proposed that all people of working age should pay a weekly national insurance contribution where benefits would be paid to the sick, unemployed and retired and thus provide a minimum standard of living for all citizens.8 He also identified five giant evils that plagued society and could be tackled: Want (today we call it poverty) by establishing a comprehensive social security system Disease by establishing a new health service Idleness by the state aiming for full employment Ignorance by reforming the education system Squalor by a new house building and slum clearance programme9 The first of Beveridges proposals came into effect before WW2 ended. In 1944 the Ministry of National Insurance was set up before the Family Allowances Act was passed a year later.11 Reactions to the report were positive: It gave me a feeling there was something to work for and fight for after all and that our efforts might be rewarded by some real social improvement, giving means to the phrase winning the peace. (Royal Artillery, male, 29) Its the goods! All the yearnings, hopes, dreams and theories of socialists for the past half century have been crystallized into a practical economic formula. Equity for the lowest common denominator I was staggered by its comprehension. (Insurance clerk, male, 39, Newport) I am aware of a new feeling of confidence in myself as a member of a democratic society when I see those social reforms which I have considered necessary for such long time actually taking shape. (Accountant, male, 40, Prestwick) 12 Such positive reaction, though not all positive, led to a landslide victory for Clement Attlee and his Labour Party and he decided to seize upon Beveridges proposals as a basis for radical action, and proceeded to implement many social policies, which became known as the Welfare State. Attlees hope was to have Beveridges plan in force by 1948, but in a time when Britain was suffering from the severe conditions of post-war Britain, it did not have the money to pay flat rate benefits that would keep people out of poverty.13 The National Assistance act which was passed in 1948 played a bigger role in improving poverty than Beveridge had planned and because the idea of basing entitlement on contributions through national insurance was flawed, it meant many people, in particular women, were excluded from the system. Another act which passed was the National Health Service Act 1946, which came into effect on 5th of July 1948 and created the National Health Service in England and Wales.14 A fter the landslide victory for Labour in 1945, Aneurin Bevan was appointed minister of health, responsible for establishing the National Health Service. Since there was already a free, compulsory state education service, the people of Britain now probably had the most comprehensive Welfare State system in the world.15 The question of whether the UK welfare is in crisis is one that has been asked before. The welfare state in the 1970s was claimed to be in crisis with oil price shocks and increasing food prices adding pressure on the economy and leading to a rise in unemployment. Though the causes sharp reductions in output by OPEC and exchange rate fluctuations were said to be external to the welfare state 16, there still continues to be a debate over not just whether the welfare state is in crisis but also if it is sustainable. The first area I will tackle is state benefits. As of September 2009, there were 2.7million people claiming incapacity benefits in the UK17 and with reports stating that less than a third of these claimants are legitimate18, it begs the question that are the standards of the UK health service so inadequate that more people than ever are incapacitated? The simple answer is the majority of these people are simply work-shy19. Michael Portillo of the Sunday Times pointed out the intentions of the Welfare Stare was to prevent this abuse of the system by the work shy20: The state should not stifle incentive, opportunity, responsibility, wrote Sir William Beveridge in the 1942 report that inspired the post-war welfare state. In establishing a national minimum it should leave room and encouragement for voluntary action by each individual to provide more than that minimum for himself and his family. These work shy people are forcing the tax burden on the hard working families and as a result, taxpayers have spent  £346bn on payments to those out work since Tony Blair entered Downing Street. He goes onto say It might have been possible for the state to fine tune benefits when every claimant was known to the local poor law guardians. It is much more difficult today in systems that are nationalised and standardised, before concluding, we ought to assume that fit young people are not entitled to anything. If a few young men from sink estates are now heroes in Afghanistan, why should we presume that all the others are capable of nothing useful at all? Some believe such a centrally planned benefits system is bound to fail because it is not feasible for a planning body to know all the circumstances and facts to able to assess who is in an incapacitated state21. Another area of benefits that has come under scrutiny is child benefits. This has long been considered untouchable as it has high take-up rates and passionate support across the political sector. However, new goals such as reducing child poverty whilst at the same time cutting spending, it is time the state challenged its status as the sacred cow of the welfare state22. Between 1999 and 2004, 600,000 children managed to escape poverty as result of their guardians/parents finding work. However, this trend reversed when the recession hit when between 2008 and 2009, 160,000 more children were in workless households and, inevitably, in poverty. Kate Stanley of the Institute for Public Policy Research makes the point that the welfare state must become much more efficient in reaching poor children and child benefit is one of governments primary tools in ending poverty.23 She goes onto explain that we need to bite the bullet and make it progressively universal so that everyone gets somethin g but poorer families get most, adding further, one option would be to tax child benefit and use the tax to increase the rate of benefit paid to second and subsequent children. As with any policy change, putting forward such change is unquestionably controversial. However, it is not difficult to come to the conclusion that yes, while there is a need for a benefit reform in the UK, does it necessarily mean the welfare state as a whole is in crisis? On this evidence, I can conclude with a wholehearted, no. British schools have somewhat of a mixed reputation. Quality of state education is known to vary whilst universities and other higher education institutions garner an excellent reputation internationally and take in thousands of foreign students. The state education system in the UK has been changing at a hectic pace in recent decades which has led to a generation of curriculum chaos and crisis caused by a lack of funding, crumbling infrastructure and shortages of books and other equipment24. Many schools have been forced to cut their teaching budgets at a time when they should have been increasing them, and some have had insufficient funds to buy books for the revised national curriculum and other essentials. This is only going to get worse with the recent spending review by The Coalition hinting there may be savage cutsà ¢Ã¢â€š ¬Ã‚ ¦in the education budget25. The budget for the Department of Education last year was  £66.7bn, rising to an estimated  £68.7bn this year. While Cha ncellor George Osborne has pledged to protect Sure Start, the government scheme where childrens centres have been built by Labour to provide nursery care, it means other areas such as school buildings and support services are likely to be even harder hit. And it only gets worse: the Audit Commission claims that millions of pounds are still being misspent. A report last year found schools were sitting on excessive cash reserves of almost  £2bn and  £400m a year could be saved if schools bought desks, equipment and services more sensibly26. However, it is easy to criticise and easy to forget the positives. The last government claimed the increase in funding produced key successes, including rises in primary and secondary school exam results, a drop in the number of failing schools, an increase in the number of children staying on in education beyond the leaving age and improvements to early years care with the establishment of a network of Sure Start childrens centres. However, th is all happened during the last government. With ever more bleak and worrying headlines such as Students to face unlimited fees, Nearly one in five children aged 16-19 is functionally illiterate and Schools prepare to cut frontline services, it is not surprising why many are saying the education system in the UK is in trouble. A recent programme on BBC illustrated how Toby Young struggled to set up a new school within the state system. The pressing concern was the campaign to stop these schools was endorsed by the National Union of Teachers. The reason why Mr Young was trying to set up these schools was because they were wanted by parents not happy with the existing state schools. There is mass evidence to support their views with reports year on year showing dwindling numbers on the number of pupils that achieve 5 A-C GCSEs. It is about time students are able to realise their full potential instead of facing silly obstacles. It is no wonder private schools attain far higher grades and pass rates than public schools as they receive much more attention in their small class setting. I see no reason at this stage to go against what many people are saying: the UK welfare state is very much in crisis. The last area I cover is pensions. In the UK there are three major pension routes; (1) occupational final salary pension plans from your employer: (2) the state pension where you may have entitlement to a top-up plan as well as the basic state pension. Those who are not well off may have their retirement earnings boosted by a pension credit: and (3) the money purchase pension scheme either from your employer or from other earnings such as self-employment (these are called personal pensions)27. There are three problems in pension reforms in the UK. The first being whether to continue with the PAYG system or switch to a saving system, though this fight seems to be over as many academics and politicians accept the need to move to a saving or funded system. The second problem is whether, if you opt for the saving system, to make savings voluntary or compulsory, and if compulsory whether or not to give savers a choice of pension providers. The move to a saving or funded system has a great economic advantage in that it builds compound interest into the entitlement. In other words, you invest in the economy and you get the benefit when you retire. Many would like to return to the ideal situation of not wanting to be a burden on your family and the next generation, but as that family obligation myth still continues, it is too high a price to pay for the economic costs of the current system29. The question that leads from this is whether to make saving voluntary or compulsory. I would suggest setting a minimum for compulsory savings and let people saving voluntarily for larger pensions. Indeed the government introduced voluntary pension saving in the new world of pensions, but being auto-enrolled into a pension scheme will be compulsory. The high level of state pension from the age of 65 has been found to cost too much and has steadily declined in relation to average incomes and been replaced by what many call the disastrous means-tested pension credit. With the pension age to rise to 68, this will be a long overdue acceptance of vastly increased longevity30. This demonstrates the slow pace to which the UK responds to changes in reality. The Beveridge report laid the foundations of the post-war welfare state, declaring every citizen who paid his or her contributions should be able to claim an adequate pension worth more than any means tested benefit31. As Philip Johnston of the Telegraph puts it, after 100 years in which living standards have quadrupled, a pension designed to prevent the poorest in society enduring a penurious old age has failed in its purpose. James Bartholomew, in his book The Welfare State Were In, posed the question if we would have been better off without the state pension. He answered, It seems likely that if the state pension had not been introduced, British people would have saved a great deal more and, overall, would probably now be wealthier in their old age. The late 19th century trend for people to become less benefit dependent would have continued, and it would be normal to have very substantial savings. Old people would have more independence and dignity in retirement. In conclusion, I agree with the claim that the UK welfare state is in crisis. During the research for this essay, I found almost no evidence to say otherwise, which was a surprise. I have discovered the welfare state has been a failure and I believe the state should stop funding anything beyond a minimum safety net. As stated before, money is being wasted due to recklessness in its spending and rather than divert (even more) resources from social security to health and education, as the government plans, it should slash taxes and let people pay for their own welfare services. The demand for these two categories rises faster than national income and public spending is unlikely to be able to keep up, thus bringing us back to the perpetual perception that they are underfunded. I read an interesting post made by a member of the public on an online forum that made the following comment: Whenever all of part of the NHS runs out of money, wards are closed or operations are delayed or a cost saving measure is taken, but never are salaries cut back. 154 This illustrates how the government have a strong inclination to protect their staff first, instead of their customers who receive the service. But of course the nurses and doctors and administrators feel like they are under paid and endure difficult conditions, and this is often too. It bottles down to the point that their pay and their pensions are not damaged which otherwise would be if they were not working for the government. The future on the welfare state itself is uncertain at this point in time. The right are in agreement that unwarranted spending on the welfare state has weakened economic growth and reduced incentives, while the left feel the traditional welfare state has not paid enough attention to significant groups like women and ethnic minorities. Policy reforms have strengthened not just in the UK but also in the continental Europe and the US. The government often deliberates and avoids making tough decisions, such as introducing a compulsory savings scheme or increasing state pensions, which have been needed to deal with the crisis. As Steve Schifferes of the BBC puts it, though the government wants to seek a political consensus before proceeding with radical reform, time may be running out!

Sunday, January 19, 2020

Effects of Drug Use during Pregnancy on Children Essay

Being pregnant means more than just carrying a child in uteri for nine months. Pregnant women must watch what they put into their bodies because it will directly affect the life of their unborn child. Unborn children are totally helpless to their mothers’ actions and totally dependent on everything they do. All pregnant women need to be aware of the consequences of using drugs during pregnancy; drugs such as, cocaine, heroin, cigarettes, methamphetamine, and marijuana. All drugs illegal or not could have critical and long lasting effects on children throughout their whole life. What are drugs? Drugs are chemicals that can make you change the way the body works. Some drugs are worse than others but no matter which one used, during pregnancy all drugs have dreadful effects on the unborn child. The drugs cocaine, heroin, tobacco/cigarettes, methamphetamines and marijuana can affect children in different ways; however, they all should be avoided during pregnancy. Mothers need to think about their unborn child and the adverse effects using drugs will have on them not only as infants but as young children and young adults as well. Cocaine is a strongly addictive stimulant that directly affects the brain. Cocaine is one of the oldest drugs known to this day (Barbara L. Thompson, 2009). There is no safe amount of cocaine for a woman who is pregnant because any cocaine taken will transfer to the baby as well (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Heroine is also a highly addictive drug and it is the most abused and fast acting of the opiate group. Heroine, processed from morphine, is derived from certain poppy plants. Heroin will cross over to the baby through the placenta and cause an unborn baby to be dependent on the drug. Tobacco/cigarettes are a non illicit drug and the most common drug used among pregnant woman. Tobacco products have been linked to low birth weight and Sudden Infant Death Syndrome. Methamphetamines are highly addictive substances with powerful central nervous system stimulant properties (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Methamphetamines are considered a major drug of abuse and can cause low birth weight, miscarriages and could lead to Sudden Infant Death Syndrome (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Marijuana is the most commonly abused illicit drug in America today. Women who use marijuana on a daily basis will operate at subliminal levels because it directly affects the way the brain works. When using marijuana during pregnancy the mother is more likely to have a miscarriage or a low birth weight baby. No matter which drug the mother is using it can be detrimental to the unborn baby’s health and should be avoided. Using drugs during pregnancy not only affects the baby a birth but it can affect that child for the rest of his/her life. The child can experience many difficulties in when he/she goes to school as well. Each drug is different and affects children differently. Cocaine may cause drug dependency and withdrawal symptoms at birth, as well physical and me ntal problems, especially if the mother used cocaine during the first three months of pregnancy. There is a higher risk of hypertension, heart problems, developmental retardation and learning difficulties (Gale A. Richardson, 2010). It has been reported that prenatal cocaine exposure is linked to cognitive and neuropsychological development and school functioning in 6 to 8 year olds (Gale A. Richardson, 2010). A baby who has been exposed to prenatal cocaine use by the mother is more likely to be irritable, jittery and have an irregular sleeping pattern, visual problems and problems with sensory stimulation (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). During pregnancy cocaine crosses into the placenta and enters the baby’s blood circulation and will stay in the blood longer than it will the mother (Using Illegal Street Drugs During Pregnancy, 2008). Using cocaine during pregnancy increases the risk of having a miscarriage in the early stages of pregnancy. During the later part of pregnancy, using cocaine can cause placental abruption which could lead to severe bleeding, preterm birth and death of the unborn baby (Using Illegal Street Drugs During Pregnancy, 2008). Also babies who are exposed to cocaine during the later part of pregnancy may experience a dependence of the drug and may be required to be weaned off the drug at birth because the child can experience withdrawal symptoms (Joan Keegana, 2010). Symptoms include tremors, sleeplessness, muscle spasms, and feeding problems for the infant. Prenatal cocaine exposure has also been linked to behavior problems among the children in school, and aggression and shoddier attention and processing skills (Delaney-Black, 2010). For children of prenatal cocaine exposure life can be difficult, struggling in school at an early age may detour that child from continuing school when they are older to achieve his/her diploma. Also the children will have all sorts of behavior issues in school. Compared to children with no cocaine exposure, children who were exposed to cocaine had drastically more mother and teacher behavior problems throughout early elementary school (Gale A. Richardson, 2010). Children of older women who used cocaine during pregnancy also experienced more difficulties in school than children born to younger mothers who used cocaine (Gale A. Richardson, 2010). Children who are exposed to cocaine prenatally were also linked to be affected by weight and height, meaning children were smaller in weight and height categories compared to their peers. Cocaine is a very powerful drug and should not be used at all and more importantly should not be used during pregnancy. Cocaine use during pregnancy could be fatal for the unborn child and does not give him/her a fair chance at life. A pregnant woman needs to think about her unborn child before she does cocaine because her child could potentially have multiple problems in school and in life. The most important reason for a woman not to use cocaine during pregnancy is it could kill an unborn child. Heroine is classified as an opiate and travels the fastest of any drug into the baby’s blood stream when the mothe r is pregnant and used it (Joan Keegana, 2010). Like cocaine heroin is also very addictive and the baby once born can become dependent on this drug and have to be weaned off of it (Using Illegal Street Drugs During Pregnancy, 2008). Using heroin while pregnant can affect fetal development. Heroin use has been associated with an increased risk of miscarriage and premature birth, and babies may be born smaller than average and may be prone to illness (Barbara L. Thompson, 2009). The substances that are cut with heroin may also cause problems during the pregnancy and affect the developing fetus. Injecting heroin can increase the risk of both the mother and baby becoming infected with blood-borne viruses, such as hepatitis and HIV (Joan Keegana, 2010). Pregnant women who want to stop taking heroin need to be very careful. Sudden withdrawal from heroin may harm the baby and increase the risk of miscarriage, premature birth and stillbirth (Using Illegal Street Drugs During Pregnancy, 2008). If a mother continues to use heroin while breastfeeding, it is possible that the drug will be present in her milk and may have adverse effects on the baby. Babies of mothers who use heroin will have some long-term effects. Some children at three to six years of age children whose mothers were addicted to heroin were lower in weight and height compared to the other children whose mothers did not use heroin, and impaired in behavioral, perceptual and organizational abilities. Babies born with low birth weight have been shown to have many difficulties later in life such as, language learning disabilities, behavior problems, and children are more likely to be rejected by peers and performance in school may suffer and the children may need special education courses. Heroin is a very bad drug to be addicted too, not only because of the risks it presents on the person using it, but because it has an added risk of HIV because of all the needle sharing. Using heroin or any opiate should be avoided at all time for children’s sake. Methamphetamine use during pregnancy affects development of a baby’s, brain, spinal cord, heart and kidneys (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Methamphetamine use during pregnancy may result in prenatal complications, like premature delivery and birth deformities. High doses of the drug may cause a baby’s blood pressure to rise rapidly, leading them to suffer strokes or brain hemorrhages before birth (Barbara L. Thompson, 2009). Methamphetamine-exposed babies may experience gastroschisis and other problems with the development of their intestines (National Institutes on Drug Abuse, 2009). As a result of methamphetamine use by their mothers, some babies may suffer develop mental and skeletal abnormalities and some babies are born without parts of their arms or legs (Joan Keegana, 2010). Because methamphetamine affects transmitters in the brain, babies often experience sleep disturbances and altered behavioral patterns (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). These babies have been described as â€Å"irritable babies.† Full-term babies born to mothers who use methamphetamine will likely have difficulty sucking and swallowing, much like premature babies. Often babies born to meth-addicted women cannot tolerate stimuli such as human touch and light. These babies often display tremors and coordination problems (Using Illegal Street Drugs During Pregnancy, 2008). Babies whose mothers used methamphetamine during pregnancy may experience learning disabilities, growth and developmental delays (Methamphetamine use During Pregnancy, 2008). The effects of methamphetamine use on brain development may last for many years. School-aged children whose mothers used methamphetamine while pregnant are more likely to be hyperactive or to have attention deficit disorders, learning disabilities and unprovoked fits of anger (Methamphetamine use During Pregnancy, 2008). When pregnant women use marijuana it crosses into the baby through the placenta. Marijuana contains toxins that keep the baby from getting the proper amount oxygen that the baby needs in order to grow normally (Using Illegal Street Drugs During Pregnancy, 2008). Marijuana use during pregnancy is one of the lesser bad drugs; however, it could still pose detrimental problems on the growing fetus (Using Illegal Street Drugs During Pregnancy, 2008). Babies born to women who used marijuana during their pregnancy display altered responses to visual stimulation, increased tremors, and a high-pitched cry, which could indicate problems with nervous system development (Joan Keegana, 2010). During preschool and early school years, children who have been exposed to marijuana have been reported to have more behavioral problems and difficulties with sustained attention and memory than children who were not exposed (Joan Keegana, 2010). Because some parts of the brain continue to develop into adolescence, it is also possible that certain kinds of problems will become more evident as the child matures (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Pregnant women should not to use any drugs because they might harm the growing fetus. Although one animal study has linked marijuana use to loss of the fetus very early in pregnancy, two studies in humans found no association between marijuana use and early pregnancy loss (Barbara L. Thompson, 2009). Regardless of the situation, mothers should not smoke marijuana because of the possibilities of it causing harm of the baby. Tobacco is the most commonly drug used among women who are pregnant because the quit rate is surprisingly low. Only twenty percent of woman who smoke will quit smoking completely during their pregnancy (Vanessa E Murphy, 2010). Women who are heavy smokers are less likely to quit as well. Smoking during pregnancy can cause premature birth and can cause the baby to be little. Smoking while pregnant is also linked to placenta previa, placenta abruption and sudden infant death syndrome (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). While smoking tobacco has long been linked to poor growth in a fetus and other short-term effects, it also has long-term effects on a baby whose mother smoked during the pregnancy. Only about twenty percent of women smokers who become pregnant quit (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). With all of the health effects that tobacco can have on both baby and mother, pregnant women who smoke are advised to try and quit for their own health and the health of their child (Miles, 2009). Children born to mothers who smoke tobacco tend to be more impulsive and have more trouble learning and developing. Infants whose mothers smoked while they were in the pregnant are more likely to exhibit lower scores on mental tests at age one and to have lower grades overall during the school years than children whose mothers who did not use tobacco (Vanessa E Murphy, 2010). The risk of a learning disability, such as dyslexia, rises twenty-five percent in children whose mothers smoked a pack or more of cigarettes a day. Babies born to smokers may also have lifelong birth defects that impede mental development, such as cerebral palsy or mental retardation (Miles, 2009). Those whose mothers smoked moderately or heavily during pregnancy were over four times as likely to develop type two diabetes; also called adult onset diabetes, before the age of 33, which is considered an early age for developing this type of diabetes. The children of mothers who smoke are also more likely to become obese later in life. There is also a link between fetal exposure to tobacco smoke and future risk of cardiovascular disease (Vanessa E Murphy, 2010). Children who were exposed to tobacco smoke as a fetus are more likely to develop hypertension, or high blood pressure, than the children of women who did not smoke during pregnancy (Miles, 2009). This increase was originally thought to be correlated to the low birth weight typical of babies whose moms smoked during pregnancy, but when compared with children of similar birth weight, the smokers’ children had higher blood pressure at ages five and six than other kids. Mothers who smoke tobacco while pregnant may also affect their baby’s brain in ways that last a lifetime. These children are more likely to engage in criminal behavior and to abuse drugs than the children of women who did not smoke while pregnant (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Overall, mothers who are pregnant should not use any type of drug from illicit to non illicit because they can all have detrimental consequences on the growing baby, not just in the womb but later in life as well. Work Cited * Barbara L. Thompson, P. L. (2009). Prenatal exposure to drugs: effects on brain development and implications for policy and education. National Institutes of Health , 10 (4), 303-312. * Delaney-Black, V. (2010). Prenatal and Postnatal cocaine exposure predict teen cocaine use. Neurotoxicology and Teratology , 110-119. * Drug Babies and the Effects of Drug Abuse During Pregnancy. (2011). Retrieved May 19, 2011, from The Good Drugs Guide: www.thegooddrugsguide.com * Gale A. Richardson, L. G. (2010). Prenatal cocaine exposure: Effects on mother-and teacher-rated behavior problems and growth in school-age children. Neurotoxicology and Teratology , 69-77. * Joan Keegana, M. P. (2010). Addiction in Pregnancy. Journal of Addictive Diseases , 29 (2), 175-191. * Methamphetamine use During Pregnancy. (2008, October). Retrieved May 19, 2011, from North Dakota Department of Health: www.nddh.com * Miles, M. (2009). Challenges for midwives: pregnant women and illicit drug use. Australian Journal of Advanced Nursing , 28 (1), 83-90. * National Institutes on Drug Abuse. (2009). Retrieved May 18, 2011, from National Institutes of Health: www.nida.nih.gov * Using Illegal Street Drugs During Pregnancy. (2008, October). Retrieved May 19, 2011, from American Pregnancy Association: www.americanpregnancyassociation.org * Vanessa E Murphy, V. L. (2010). The effect of cigarette smoking on asthma control during exacerbations in pregnant women. Thorax , 739-744.

Saturday, January 11, 2020

Marginalization Needs An Insight English Literature Essay

Nor is this contained in a watertight compartment of economic sciences but affects every facet of civilization. When this onslaught takes topographic point, the communities in The Bluest Eye and Windflower find themselves anomic and uprooted in a land which is every bit much theirs as of anyone. Here, in the clang of traditions and the intangible ways of life with the more concrete and productive system of the white, English community, it is the latter who assumes the cardinal place. It adds to the female quandary and the turning realisation or the turning incomprehensibility that has a benumbing consequence which is the start of disaffection. Both Elsa and Pecola become alienated, and bit by bit, deranged. In her book Playing in the Dark: White and the Literary Imagination Toni Morrison inquiries the cannons of literary reading and apprehension of Africanism and says: As a disabling virus within literary discourse, Africanism has become, in the Eurocentric tradition favored by American instruction, both a manner of speaking about and a manner of patroling affairs of category, sexual licence and repression, the formation and exercising of power, moralss, and answerability. ( Morrison 1792 ) This misreading can is true even for the French-Canadian individuality represented by Gabrielle Roy and for the Eskimo civilization depicted by her in Windflower. This manner, these civilizations and their discourses are considered as peripheral or undistinguished. In instance of both Elsa neodymium Pecola, they are double marginalized, both as adult females and as members of marginalized communities. Pecola is of the black American community, with many privileges denied to her. Elsa ‘s status becomes clear with this remark by Allison Mitcham: Several outstanding modern-day Canadian novelists seem obsessed with the predicament of characters double isolated, characters who are isolated, foremost, from the two chief watercourses of Canadian civilization — the Gallic and the Englishaa‚ ¬ † because they have been born Indian, Eskimo or Jewish, and 2nd, isolated from their ain folk, group or race because, for assorted grounds, they reject their ain racial or tribal forms, or for some ground, can non conform to them. ( Mitcham 43 ) As such, corruption is inevitable to them. A precipitating point in this corruption is the sexual development of both. Before this point, the laterality of a system, an ordered societal hierarchy is already accepted by our supporters. In this, the two plants show non the out of ordinary, rebellious characters but an indictment of this order by demoing it as it is. The laterality of the system is such that the individualities of the two female supporters are already erased and when the sexual force occurs it leaves many ripplings in its aftermath. Rape is non an extraordinary occurrence in instance of both the communities. We know already in The Bluest Eye how Frieda and other misss are sexually harassed ; in Windflower excessively, colza is taken passively, philosophically, by the community. Of class in Pecola ‘s instance it is an incest-rape, by her ain male parent but the response of the community is rather indurate about Pecola, â€Å" Ought to be a jurisprudence: two ugly people duplicating up like that to do more ugly † ( Morrison 149 ) . Overtly, the society allows them to be, does non exorcize them, but covertly, has small agencies or desire to fault the perpetrators, allow entirely penalize them. In both Windflower and The Bluest Eye we find the pull of opposite forces in the hunt for individualities by the supporters from the Eskimo and the African communities. This consequences merely when a land becomes a battlefield of two postulating political orientations or of tradition with a strong capitalistic civilization. We find this capitalistic angle in both the novels. Dorothea Drummond Mbalia has really clearly done a Marxist reading of Morrison ‘s novels and contended that in her initial novels Morrison shows a turning consciousness of capitalist economy as the most powerful and destructive of Western forces that oppress the people of African heritage. Elsa ‘s love for her boy is unconditioned in malice of her colza by an American soldier and the divided consequence: her boy is half Caucasic, half ‘south ‘ . She wants to give him the benefits of the white, Western civilization and yet she wants to continue in him the North, Eskimo civilization. But this happy via media does non work. It is non merely something innate or familial in her boy that makes him portion off from her and her Eskimo civilization. The laterality of the ‘central ‘ white civilization with its attractive forces, cultural and economic artefacts and gear is such that Jimmy ‘s acceptance of the white civilization and rejection of the Eskimo ways is non surprising. In Pecola ‘s instance, the forms of laterality, non merely of the society, but besides through household, with a rummy for a male parent and an unloving female parent, are so overpowering that she can non afford to take or to reject. Pecola might hold been less unfortunate were she self-dependent in economic footings. She is in a worse status than Elsa, as her witting and subconscious have non become strong plenty to know apart or to judge. Unable to make up one's mind, take or fly, she takes resort in a fetish, which provides but a impermanent consolation and erodes her active cognitive module. The support of sympathetic but immature and powerless friends like her does non work as a strong physical or mental support system against the oppressive worlds at place and in society.

Friday, January 3, 2020

John Steinbecks Use of Symbolism in His Book The...

Chrysanthemums John Steinbeck is remembered as one of the classic American writers, and his book Chrysanthemums is no exception. The title of the book is a reference to the symbols and plot of the story, a Chrysanthemum being a symbolic flower for the protagonist, Elisa Allen. The story is set during the Great Depression, and therefore marriage by arrangement was common in agricultural areas, as finding food and shelter were more important than childhood ambitions, as Elisa learned the hard way. Symbols are used to convey a particular meaning constantly in the Chrysanthemums, the flowers within the story reflect the emotions involved in the events that take place in the story. Elisa begins the story in a boring and depressing marriage, which has lead her mind to wander about the world outside of her property. When her husband confronts her and suggests that she concentrate on the apple orchards for profit rather than her beloved Chrysanthemums, which are simply for show, she breaks d own and realizes how deeply depressed she has become. The flowers have become a symbol of her feelings, as the beautiful but neglected girl who resents not being appreciated by her own husband. Another symbol in the story is her garden itself, as Elisas cage. John Steinbeck was writing during the Great Depression, and the number of unemployed around the country meant that crime had risen dramatically, limiting the movement of housewives like Elisa. It is at this point that a travelingShow MoreRelated The Chrysanthemums Essay1649 Words   |  7 PagesJohn Steinbeck’s, The Chrysanthemums, was published in 1938 in a book of short stories, entitled The Long Valley. The Chrysanthemums has been a rather powerful draw for scholars because of its wide gap for interpretations and analysis of its main protagonist character, Elisa Allen and also the unique descriptions used to portray the deeper meaning behind the setting of the story. Themes of sexuality, oppression of women, as well as other numerous types of conflict portrayed in this rather somberRead MoreComparing John Steinbeck s Mice And Men And The Grapes Of Wrath1126 Words   |  5 PagesComparing and Contrasting Steinbeck John Steinbeck is a famous author known for many of his short stories, as well as the books Of Mice and Men and The Grapes of Wrath. His works have been studied and analyzed often because of his unique ability to create symbolism from small amounts of text. â€Å"The Chrysanthemums† is a short story written by John Steinbeck, and was first published in 1939. It tells the story of a woman who feels she is capable of completing any task a man can, but is set back byRead MoreJohn Steinbeck2062 Words   |  9 Pagesminiature versions of books or novels, where an author takes a tale and crams it into a ten to twenty page story. John Steinbeck is not only a well-known novelist, but also writes short stories like â€Å"The Chrysanthemums† and â€Å"Flight†. In Steinbeck’s â€Å"The Chrysthemums† Elisa Allen is married to a negligent ranch owner. While her husband works on the ranch, Elisa tends to her chrysanthemum garden daily. One day while tending to her garden, a charming tinker man pulls up to her in his wagon and tries to

Thursday, December 26, 2019

Equity and common law - Free Essay Example

Sample details Pages: 10 Words: 2926 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Equity evolved to cover the cracks within the common law. Over the years it has evolved a separate but parallel set of legal rules which complement the common law. The case of Dudley v Dudley illustrates this by announcing that ‘Equity†¦does not destroy the law, nor create it, but assist it’[1]. Don’t waste time! Our writers will create an original "Equity and common law" essay for you Create order The common law was prone to reaching an unjust outcome, due to the rigid constraints. This was combated by the introduction of equity. During the reign of King James I, the public would petition the King appealing as it were to his conscience. The King dealt with these matters in conjunction with the Chancellor. This then led to the creation of the court of Chancery in the fourteenth century to administer the new set of complimentary rules. This led to confusion over which set of rules took precedent over the other. This was defined in The Earl of Oxfords Case (1615)[2] in which King James I stated that ‘if there is a conflict between common law and equity, then equity should prevail’. Lord Ellesmore LC went on to clarify the position of equity by stating ‘The office of the chancellor is to correct mans conscience’s for fraud, breach of trusts, wrongs and oppressions of whatever nature and to soften and mollify the extremity of the law†¦when judgemen t is obtained by hard conscience.’[3] The equitable maxims also known, as rules of conscience are different than their Common Law counterparts, this is evident within the way in which evidence and facts are treated. The common law judges are limited to providing only one remedy, that of damages. Equity in contrast has a range of remedies available, allowing the judge to consider the individual circumstances on a case by case basis. The remedies available in equitable judgements are specific performance[4], rescission[5], rectification and injunctions[6]. So what are the equitable principles under discussion? This paper will now consider them in turn. The first considered is equity follows the law. Beever explains that ‘equity fills the gap between legal justice and absolute justice’[7] he went on to explain further by stating that ‘the content of equity consists of those judgements required to reconcile the former with the latter.’[8] They furt her back this explanation by the following words from Aristotle. ‘[W]hen the law states a general rule, and a case arises under this that is exceptional, then it is right, where the legislator owing o the generality of his language has erred in not covering that case, to correct the omission by a ruling such as the legislator himself would have been there, and as he would have enacted if he had had been aware of the circumstances’[9] This highlights equity’s position within the law. It points out that when there is a dispute between the common law and equitable principles; the common law will prevail. When considering this one must also take into account the maxim that Equity acts in personam. This is especially so when remedies are being considered. This is due to the fact that equity unlike the common law acts in the interests of the parties involved. It is important to note that equity does not change any common law ruling. It simply puts them aside for the sake of justice and fairness at a micro not macro level. Equity will not enforce an unconscionable contract. Where equities are equal the law prevails. In this one must look to see if common law solution is equal to that of the equitable one then the common law will take priority. The solution at common law if considered to be an inadequate remedy, then equitable solutions will be considered. Equity looks to substance rather than form shows that the equitable solutions are available even though they may not be protected by the common law. The court will look to what the parties before them intended. It does not require, unlike the common law specific formalities to have occurred before the law will be able to aid the claimant. This is discussed in the case Parkin v Tharold in which it stated that if formalities are required by statute, then equity could not override it. This is a direct link to the maxim that equity follows the law, providing yet more evidence that the maxims must be considered as a whole within each individual case. The following maxim, Equity regards as done that which ought to have been done relates to the equitable remedies available. Examples of this can be seen in Howe v Lord Dartmouth[10] and AG for Hong Kong v Reid[11]. The following maxim is concerned with the character of the defendant; He who comes to court must come with clean hands. This is best explained by Woods J in the case of Cross v Cross[12] in which it states ‘†¦any conduct of the plaintiff which would make a grant of specific performance inequitable can prove a bar.’ In other words, past behaviour will be taken into account. However, this is limited to behaviour that is directly related to the case in hand, see Dering v Earl of Winchester[13]. Statutory instruments generally proved guidance upon the maxim that Delay defeats equity. However, where the Limitation Act 1980 is silent on the issue at hand then it will be governed by the equitabl e doctrine of ‘laches’. A delayed response can prove to be a bar to equitable remedies as it can indicate that there has been acceptance of the new status quo. The application of justice and fairness is the cornerstone of equity. It will come as no surprise that the maxim equity is equality provides equal division of assets, unless this would prove to be unconscionable. The maxim equity will not aid a volunteer insists that consideration must have taken place for an agreement to have taken place. Equity will only be available to those party to the agreement.[14] This is by no means an exhaustive list of the equitable maxims available, it does, however cover the main establish uncontended maxims. This paper will concentrate on the following two maxims. Equity Imputes an intention to fulfil an obligation and Equity will not suffer a wrong to be without a remedy. These have been chosen due to their intertwined and substantial impact. The Former helped to build an entire ly new area of law; the trust. This has proved very important in all areas of the legal system. This evolved from the antiquated concept of the ‘use’; the abuse of this concept became ever more apparent during the Crusades. The legal title was all that mattered to the courts. This led to grave injustices as the common law refused to recognise anything but the holder of the legal title. The only remedy afforded to it by the common law was that of damages due to a breach of confidence. This did not aggrieve the true owner of the property, as they would still have lost the proprietary interest. The chancellor of the time developed a system that invented the concept of duality of land ownership. This did not interfere with the common law interest it merely complimented them, minimising the risk of injustices occurring. The method adopted was to ensure that honesty and modesty prevailed over unconscionable conduct. Equity Imputes an intention to fulfil an obligation br idged the gap that had been left by inflexible remedies at common law; that of damages. This needed to be addressed by the law as it was creating many instances of unjust verdicts. Equity brought with it a whole new set of remedies. Equity acts very differently than the common law. Equity acts in personam unlike the common law, which acts in rem. Equity will not suffer a wrong to be without a remedy indicates that equity will not allow technicalities to act as a bar to justice. It has evolved to strengthen the defects in the common law system. There are many examples that could be put forward to bolster this papers claims that this is one of the most influential equitable maxims. However, this paper will concentrate on the introduction of equitable remedies. The common law could only recognised the holder of the legal title and not the person for whose benefit he agreed to hold the property. Equity considers the interests of and rights of the beneficial owner. Such remedies ar e numerous, however it is specific performance and injunctions that are the most common and discussed within this paper. This maxim also covers equitable doctrines and how they can help in ensuring justice is done. In this area the two maxims under discussion can be seen to overlap. This makes it very difficult to assess their individual impact upon the law, with regards to this matter. Many of the cases that show this maxim in action are property law cases. This does not mean this maxims influence is limited to this area of law. It is extremely far reaching, encompassing contract and commercial laws. As discussed above the creation of the trust has allowed unconscionable conduct to come under the long arm of the law and prevent wrongs from being committed with the blessing of the legal system. A trust can either be created orally or in writing. There only needs to be (like in contract law) an intention to create. In equity the intention to create a trust in all that is needed . This is discussed in the case Paul v Constance [1977][15] and elaborated upon more recently in the case of Rowe v Prance [1999][16]. The trust developed over the years to have its own set of established rules and precedent. The common law aspects of each case were never in question. Equity is concerned with ensuring that the trustee uses the property for the benefits of beneficiary. In doing this equity imposed upon the trustee a multitude of fiduciary obligations. We can see this in action in the case of Boardman v Phillips[17] in which an extremely strict application of this was applied. This equitable remedy is mostly prevalent within Property and Contract Law. Specific performance is best described as when the court orders a person to perform a specific action. This will only be if the remedies available at Common Law are considered to be of an inadequate nature. For instance, this is illustrated best when a written contract for the sale of land has taken place. If left to the Common Law, one would merely receive damages. It is considered in this instance by the courts that a piece of land is considered to be unique and damages would not compensate the potential purchaser. Failure to comply with an order for specific performance will render the defendant in contempt of court and thus be likely to face criminal proceedings. When applying equitable remedies such as specific performance one must take into account the following; would damages be a suitable remedy, the requirement of mutuality, the exercise of discretion and whether or not the claimant is a volunteer. This important as it prevents wrongs from going unpunished and allows the common law to be flexible without allowing the floodgates to open. The injunction is simply another way in which an action can be prevented or forced. The case of Shelfer v City of London Electric Lighting Co[18]. In this case Smith J sdescribed the principles in which would distinguish which remedy was appropriat e. â€Å"In my opinion, it may be stated as a good working rule that: (i) if the injury to the [claimants] legal rights is small; (ii) and is one which is capable of being estimated in money; (iii) and is one which can be adequately compensated by a small money payment; (iv) and the case is one which it would be oppressive to the defendant to grant an injunction, then damages in substitution for an injunction may be given.†[19] Again it must be proved that Common Law remedies would be inadequate before applying for an injunction of any kind. Since the Chancery Amendment 1858[20] the court has been able to grant damages as an additional remedy if the case proves it fulfils the correct criteria. This is now governed by the Supreme Court Act 1981.[21] Equity Imputes an intention to fulfil an obligation and equity will not suffer a wrong to be without a remedy have established and developed many of the equitable remedies which have found their way slowly in to nearly all as pects of the law. It could be said that the Supreme Court of Judicature Acts 1875 caused this once the two systems of law were merge[22]. It has been argued that at this point the two systems were fused together. Meagher and Gummow describe this assumption as follows ‘Those who commit the fusion fallacy announce or assume the creation by the Judicature system of a new body of law containing elements of law and equity but in character quite different from its components. The fallacy is committed explicitly, covertly, and on occasion with apparent inadvertence. But the state of mind of the culprit cannot lessen the evil of the offence.’[23] The restatement in law in this form merely helped to clarify both sets of rules and how they work together in relation to each other. After all if equity follows the law it can not be considered as an entrench part of it. They go on to elaborate further on this later on in their article. The case concluded that ‘[The fusion fallacy] involves the conclusion that the new system was not devised to administer law and equity concurrently but to fuse them into a new body of principles comprising rules neither of law nor of equity but of some new jurisprudence conceived by accident, born by misadventure and nourished by sour but high-minded wetnurses.’[24] When compared the two systems show that they complement each other and together allow the law to provide a more fair and effective legal system. At common law judges have to take into consideration bureaucracy and this proves to be unforgiving and rigid. Unlike the common law equity is more flexible as it allows the judge to base his judgement on consciousness, fairness and moral substance[25]. The influence upon the common law by equity is a complex one. Donovon describes the relationship as ‘the desire of the most well-regarded equity judges has been [to keep] equitable doctrines flexible and responsive, without the oppressiveness of p rocedure and †¦ attempting to keep factual consideration within the realm of principle, equity doctrine has always been certainly more amorphous than that of law’[26]. The most positive outcome to emerge from the evolution of the equitable maxims is the addition of a flexible component in which judgements could be made. It allowed for the law to be flexible, minimising the risks of unconscionable acts receiving the backing of the law. The impacts of the remedies available if applied have no actual impact on the common law as such. They do have an impact upon the individual claimant. Birks describes the impact of the following equitable remedies as ‘weakly discretionary’[27]. Thus, the impact is dependent upon the exercise of discretion. Equity evolved naturally to ensure that justice is not a victim to common law and will continue to influence the law on a personal level without effecting the status quo for countless years to come. Bibliography Thom pson, MP. ‘Modern Land Law’. Oxford University Press. 2001 Edwards, R and Stockwell, N. ‘Trusts and Equity’. Longman University Press. Burn, EH. ‘Trusts and Trustees. Cases and Materials’. Butterworths Press. 5th Edition. Spry. ‘The Principle of Equitable Remedies, Injunctions, Specific Performnce and Equitable Remedies.’ Sweet and Maxwell. 3rd Edition 1984. Thomas, M. ‘Blackstones statutes on Property Law – 2006 – 2007’. Blackstones Press. 14th Edition. A Beever. ‘Aristotle on Equity, Law and Justice’ 10 Legal Theory 33 Waters, D. ‘The Future of the Trust From a Worldwide Perspective’. 11 ITCP 4(199). 2004 Birks, P ‘Rights, Wrongs and Remedies’. 2000 OJLS 20(1). Burrows, A. ‘We Do This at Common Law But That In Equity’ 2002 OJLS 22(1). Pawlowski, M. ‘Building in Breach of Covanent: Injunction or Damages?’ 154 NLJ 1896. 2004. 1 Footnotes [1] Dudley v Dudley (1705) Pr Ch 241 [2] Earl of Oxfords Case (1615) 1 Rep Ch 1. [3] Per Lord Ellsemore LC. Earl of Oxfords Case (1615) 1 Rep Ch 1 [4] This is when the court demands a specific act must take place. This will more often than not involve a previously agreed action. [5] The cancellation by the court of a contract with the intention of placing the parties involved into a position akin to that as if the contract had never existed. [6] A judicial order restraining an action from taking place, or to enforce action. [7] A Beever. ‘Aristotle on Equity, Law and Justice’ 10 Legal Theory 33 at 35. [8] ibid [9] Ibid [10] Howe v Lord Dartmouth cited in Edwards, R and Stockwell, N. ‘Trusts and Equity’. Longman University Press at 34. [11] AG for Hong Kong v Reid [1994] 1 All ER 1. [12] Cross v Cross (1983) 4 FLR 235. [13] Dering v Earl of Winchester (1787) 1 Cox 318. [14] Edwards, R and Stockwell, N. ‘Trusts an d Equity’. Longman University Press. [15] Paul v Constance [1977] 1 WRL 527 [16] Section 53 (1)(b) of the Law of Property Act 1925. [17] Boardman v Phillips 1967] 2 AC 46 [18] Shelfer v City of London Electric Lighting Co. [1895] 1 Ch D 287 [19] Pawlowski, M. ‘Building in Breach of Covanent: Injunction or Damages?’ 154 NLJ 1896. 2004. [20] Thomas, M. ‘Blackstones statutes on Property Law – 2006 – 2007’. Blackstones Press. 14th Edition. [21] The Law Of Property Act 1925. Section 50. [22] Thomas, M. ‘Blackstones statutes on Property Law – 2006 – 2007’. Blackstones Press. 14th Edition. [23] R. P. Meagher, W. M. C. Gummow and J. R. F. Lehane, Equity, Doctrines and Remedies (3rd edn, 1992) at para 221 in Burrows, A. ‘We Do This at Common Law But That In Equity’ 2002 OJLS 22(1). [24] Ibid. [25] Ibid. [26] Waters, D. ‘The Future of the Trust From a Worldwide Pers pective’. 11 ITCP 4(199). 2004. [27] Birks, P ‘Rights, Wrongs and Remedies’. 2000 OJLS 20(1).