A Variety of Society Factors Cause Homelessness Essay Example for Free

A Variety of Society Factors Cause Homelessness Essay National Coalition for the Homeless is a charity that fights to end the homelessness through grassroots organizing, public education, and policy advocacy. They have pointed out the causes for the increasing number of homeless people in the U.S since 2000 in the article â€Å"A Variety of Social Factors Causes Homelessness.† Why is the number of the homeless people increasing day after day in the U.S? Poverty and the homelessness are the current controversial problem that has so many different causes from different countries all over the world. There are three main factors that the National Coalition for the Homeless pointed out in their article such as eroding work opportunities, a decline in public assistance, and a lack of affordable housing in the U.S. Do the authors clearly explain the problem in their article? For an article to be effective, it is imperative that it is clear on its purpose. In the previous essay, the author is successful in identifying the principle behind the article. From the first paragraph, the author is focused on addressing the causes of homelessness in the society (National Coalition for the Homeless 1). Therefore, the reader is aware of the rationale behind the article and its functions after reading the first paragraph. Importantly, this is observable in the consequent paragraphs of the article. The heading choice is consistent with the purpose of the article. The key words in the heading depict that the author is exploring the issue of homelessness in the society. The topic depicts that there are numerous social factors that contribute to the issue of homelessness. This influences the mindset of the readers when they are engaging the article, since they are aware of the contents of the essay, which clarifies that homelessness is a result of complex social factors. This is instrumental in ensuring that the readers comprehend the contents of the article better. When exploring the problem in the article, the author focuses on the predicament of homelessness. In addition, the author uses relevant examples to highlight the problem in depth. This is evident in the statistical data in the third paragraph, which is relevant to the U.S. society: In 2000, 11.3% of the U.S. population, or 31.1 million people, lived in poverty. While the number of poor people has decreased a bit in recent years, the number of people living in extreme poverty has increased (National Coalition of Homelessness, paragraph 3, page 1). The author uses information on poverty levels, and current housing situations to explore the issue of homelessness comprehensively. The author is also clear on the causes of the previous problem. In the article, the author identifies poverty and lack of housing, which is affordable as the primary cause for homelessness in the society. These statistics from the Institute for Children and Poverty are particularly revealing: In the institute fo r Children and Poverty study, 37% of homelessness families had their welfare benefits reduced or cut last year. Additionally, a second study of six states found that between 1997 and 1998, 25% of families who had stopped receiving welfare in the last six months doubled-up on housing to save money, and 23% moved because they could not pay rent (National Coalition of Homelessness, page 2 – 3). However, other secondary causes are also highlighted in the article, and this includes lack of employment, low wages, and a decrease in social support, among others. The author correlates the secondary and primary causes to explore the problem. Despite the author actively highlighting the homelessness problem being experienced in the society, there is not solution provided for the problems. The author concentrates on the social factors which contribute to the problem and how they contribute. The essay is exhaustive when exploring the topic. The author uses numerous examples to explain the significance of the problem. For instance, the author explores the significance of the health sector in the issue of homelessness. This example gives a new dimension to the topic and shows the complexity of the social issues causing homelessness. In addition, the article is valid. This is due to the author’s use of authoritative sources in the field. This is evident in the statistical data, from studies by the Housing and Urban Development (HUD), on the previous problem. The author also engages credible and accurate information on the issue giving the article authority on the topic. The author uses relevant evidence to support the claims of the article. For instance, on this issue of poverty, the author quotes data of average incomes, which is earned by American families: In the data, a 1998 study estimated that 46% of the jobs with the most growth between 1994 and 2005 pay less than $16,000 a year; these jobs will not lift families out of poverty. Moreover, 74% of these jobs pay below a livable wage ($32,185 for a family of four) (National Coalition of Homelessness, page 2). This shows the level of income earned by the American population and its influence in the housing sector. The article also has other relevant examples to support the author’s sentiments. The argument of the author also appeals to the readers emotions. This is clear in the approach of the author to highlight the effect of poverty on society and its influence on homelessness. This elicits emotions from the audience since the issues affect are relatable to the human situation. The article is characterized by the use of data and studies from various authorities on the issue. The author has been effective in making the key words in these studies clear for the audience through elaboration. Therefore, the important words in the article are defined effectively. In the second article, Homelessness is not societys problem, the author uses a challenging title, in that the view is provocative to the addressees. This appears to be a controversial perspective concerning the issue of homelessness due to the emotions related to the topic (Carnacchio 1). Despite the rationale of the article, the argument is not valid since the society cannot disassociate itself from social problems. However, the second article gives for the readers more sides of view about the homeless people. Only some of the homeless people who are not willing to assume the responsibilities associated with maintaining a job and a permanent residence. As White points out, â€Å"In Los Angeles’ inner city, Paul Koegel and M. Audrey Burnam found that nearly 80% of alcoholics in their sample of homeless adults ‘reported that their first alcoholic symptom occurred before they were first homeless’ and that in 57% of the cases this occurred at least five years before their first episode of homelessness.† (Carnacchio, page 2). The article A Variety of Social Factors Causes Homelessness provides a solid argument concerning the issue of homelessness. The author appears to be conversant with the topic and cites authoritative sources on the issue. The topic is instrumental in highlighting the numerous social factors that contribute to homelessness in the American society. Furthermore, homelessness is still a serious problem which has so many different causes but the society have not had the solutions for this problem. From all information of the article, I have learned more knowledge about the causes of homelessness in the U.S. which is a well-developed country but it does exist the homelessness. The cause is not only from the society, but it is also among to all people who are living in this world assume the responsibility for their life and their families. Works Cited National Coalition for the Homeless. A Variety of Social Factors Causes Homelessness. Current Controversies: Poverty and the Homeless. Mary E. Williams. San Diego: Greenhaven Press, 2004. Opposing Viewpoints Resources Center. Gale. Houston Community College. 18. Jan 2013. Carnacchio, C. J. Homelessness Is Not Societys Problem. Opposing Viewpoints: The Homeless. Ed. Jennifer A. Hurley. San Diego: Greenhaven Press, 2002. Opposing Viewpoints Resource Center. Gale. Houston Community College. 21. Jan 2013.

Force majeure and hardship

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

Les Demoiselles d’Avignon and Cubism | Analysis

Les Demoiselles d’Avignon and Cubism | Analysis The Art of Cubism and its Role In this research paper, I have explained the art of cubism and its role. I have chosen the cubit painting â€Å"Les Demoiselles d’Avignon† painted by Pablo Picasso. He was the famous cubist painter. Picasso and Braque were the innovators of the cubist painting. In this research paper, I have tried to explain the formal characteristics like color, theme and texture that were used in the painting Les Demoiselles d’Avignon. The paper also includes political and social factors related to the painting. In this paper I have also mentioned the interpretation of the art historians related to the painting. About Cubism Cubism can be defined as an advanced art movement that modernized European painting and sculpture in the early 20th century. The core essence of cubism is that instead of viewing subjects from a single, fixed angle, the sculptor breaks them up into a multiplicity of aspect, so that several aspects or features of the subject can be seen simultaneously. It is a wonderful way to express the complexity and depth of world in a simplified manner (Cubism, 2001). Cubism is a unique format where square shapes are formed together. In cubism, the square shapes are also often softened with curves. In the artworks of a cubist, objects are broken up, analyzed, and re-assembled in an abstracted form. The artist depicts the subject of his painting from a massive number of viewpoints to represent the subject in a greater context instead of depicting objects from one viewpoint (Curtis, 1999). One of distinct characteristics of Cubism is that the background and object planes interpenetrate with one another to create the shallow ambiguous space. The Cubist style emphasizes on the flat and two-dimensional surface of the picture plane. It rejects the traditional techniques of perspective, foreshortening and disproving the time-honored theories of art as the replication of nature. A cubist painter presents a new reality in paintings that depicts radically fragmented objects, whose several sides can be seen simultaneously. They do not copy the form, texture, and color (Cubism, 2001). The chief creators or innovators of Cubism were Picasso and Gorges Braque. In the year1908, the term cubism was first used by the French art reviewer Louis Vauxcelles. After some years, the term was in wide use but the two creators of cubism avoid using it for a long time (Cubism, 2001). Cubism seems to be uniquely adjusted to the busy dynamic of contemporary life. Cubism consists of both theoretical and practical forms; practical form being more dominant (Curtis, 1999). Formal characteristics of the work Picasso was a painter as well as a sculptor. Les Demoiselles d’Avignon was the most significant work of Picasso in the development of Cubism. Picasso uses angry definitive lines and a great concept of light and shadow (Picasso, 1996). With his artwork, Picasso was also a free thinker. He had a unique style and due to this unique style, he became the first artist to have fame during his lifetime. Picasso was a great innovative artist who used to search new ways to express space and forms in painting. There are different shades used by Picasso that describe the still life composition of women (Cubism, 2001). The painting is designed with tempera paint using a flat style and a neutral pallet. In this painting of Picasso, collage papers are created by mixing colors and creating texture by using sponges. After the shapes are attached in place, oil pastels are used to create patterns and enhance the overall design. Picasso is used to apply different themes, styles and moods to design the painting (Picasso, 1996). All his paintings are different to each other. He tries to use very dark colors and textures, which make his painting unique and different. In the early modern art, Les Demoiselles d’Avignon was widely held as an influential and decisive work (Picasso, 1996). The painting is more a record of an artist in the process of changing his mind than a resolved composition. The forms are dislocated and inconsistent in style. In fact, they seem to be unfinished. It is a painting with overthrowing perspective, single viewpoint, local and decorative color and integral form (Les Demoiselles dAvignon, 2008). Picasso uses darker colors on the left side of the painting and warmer colors on the right side of the painting. The painting is slightly buff as compared to the paintings of Cezanne. The strong, harsh and different coloring has given the painting a different look in the cubist era (Picasso, 1996). The structure indicates the use of sharp white or black curves and outlines and cinnamon tone of the background at the left (Les Demoiselles dAvignon, 2008). A harsh blue, as if a sudden glimpse of sky, surrounds the figure at the upper right. The middle figures warmly indeterminate body of Picasso’s painting. Contrasts of color and texture are reduced to a minimum, so as not to compete with the design. Larger social/political context The painting â€Å"Les Demoiselles d’Avignon† was painted during the summer of 1907 by Picasso. According to Picasso, the cubism has came in a time period when the world was experiencing modernization in technology and medicine; and the societies were rapidly growing and developing as well (Picasso, 1996). The meaning of the painting in English was the Young Ladies of Avignon; it depicted five prostitutes in a brothel. It is one of the most important paintings in the genesis of modern art. There is a strong similarity in the dramatic clashing of light and dark tones and the overhead light source (Meighan, 2008). The work of Picasso in Les Demoiselles d’Avignon truly introduced cubism as art of movement. His painting has been noted as the twentieth centurys most significant painting. His work depicted a crude version of prostitutes through a deformed style never seen before. The painting was an anti-idealist representation of un-ideal subject matter (Meighan, 2008). Depictions of prostitutes and the theme of sexuality had been the subject of paintings in the past, but Les Demoiselles left an impact because of Picasso. He had portrayed the prostitutes in erotic poses with their arms recognizable positioned above their heads in order to show off their feminine, but offensively distorted female framework (Meighan, 2008). Picassos choice to use five figures in his work was to multiply the penetration of the bitter gaze created. The harsh life style gives sad expressions on the faces of the prostitutes, which in fact, lack any kind of emotion (Picasso, 1996). To conceal their identity, the two women painted on the right are shown wearing African inspired masks. Through the representation of these prostitutes, Picasso conveyed a message of filth disease in the cubist style. He has deliberately changed the prostitute as a way to express the rising cultural awareness and effects of venereal disease, which had become a violent threat to these womens lives (Meighan, 2008). According to Picasso, cubism is directly related to modernism. Picasso has his own perception to explain cubism. According to him, cubism is an expression of the minds relationship with the external world (Picasso, 1996). He is of the opinion that it is a direct analysis of the awareness, the process of vision and the relationship of ones unconscious that is based on ones personal experiences. Cubism represents the process, which the mind undergoes in order to create a classical art from the past. Picassos Cubist art is the first aesthetic representation, which accurately conveys the process of reflexivity of the human mind. Picasso was a productive and creative artist. He has made near about 12,500 paintings, 2,500 original prints, 1,000 different ceramics, and 700 sculptures. His works are often categorized in periods and each period is different in style and themes than the other. Picasso’s paintings are like pages from his diary (Picasso, 1996). He believed that painting is another way of keeping a diary. Picasso says that painting brings him a great pleasure and release. For him, painting is an extremely hard work. He tells us that when he works on a painting, there is a feeling that he is climbing a mountain with a heavy load on his back, without even knowing when he will lose his balance (Picasso, 1996). Once the picture is completed, he feels exhausted and tired but at the same movement he enjoys a lot. He has created the pictures based on his own experiences. Picasso’s work is approved by all the cubist painters like Filla, Braque, Feininger, Dellunay, etc. He is used to paint on the real aspect of the life. He believes that painting should be such a medium that describes the things on its own (Picasso, 1996). In the year 2007, Les Demoiselles dAvignon was described as the most influential work of art of the last 100 years. Picasso had the ability to interpret the most complex images in his own language (Picasso, 1996). There were many painters who could transform the sun into a yellow spot, but Picasso was the one, who with his art and intelligence could transform a yellow spot into the sun. The movement also inspired about the modern architecture, sculptures, clothes, and even literature (Art of Picasso, 2008). Interpretation by two art historians The painting seems to be a form that goes in all pursuits of spatial depth and maintains a relationship to the pictorial surface. Picasso restructured the painting into harsh and angular planes, which destroyed the spatial depth and ideal form of female nude. The painting is not flat, but it is shaded in a way that gives it different dimensions. The painting includes the concave or convex style and looks like a portion of solidified space (Art of Picasso, 2008). The cubist painting constitutes a unique kind of matter, which imposes a new kind of integrity and continuity on the entire canvas. Each individual figure is united by a general geometrical principle, which overlays its own laws on to the natural proportions and merges almost completely with the background (Les Demoiselles dAvignon, 2008). There are no differences of light and darkness that might lend shape to the women’s bodies and with the combination of several perspectives; this contributes to a general impression of perplexity in space. To reach the internal structures of objects and to establish that a picture is not a window on the world, Picasso simplifies the painting. The flat space in the painting is created by the definite solid outlining, tonal contrast and by both thick and heavy curves (Les Demoiselles dAvignon, 2008). Picasso was not interested in describing tone, depth or form of some of his painting. He expressed his indignation by making the use of imagination like the bull, the dying horse, a fallen warrior, a mother and dead child, a woman trapped in a burning building and a figure leaning from a window and holding out a lamp. The painting represented a revolutionary breakthrough in the history of modern art (Art of Picasso, 2008). The nudes that frame the composition already demonstrate the decisive change of direction in Picassos art. In terms of Cubism, this painting is of a seminal importance. His revolt against the myth of feminine beauty is relatively insignificant when compared with his other rebellion. With this picture, Picasso wants to destroy the whole of Western art; not only the proportions, but the organic integrity and continuity of the human body also Choi, 2004). It is almost impossible to overestimate the importance of this picture and the profound effect it has on art. There has been a critical debate over the years on the Picasso painting that attempts to account for multiplicity of styles used within the work. The famous art historian Leo Steinberg in his landmark states that Picasso used different explanation for the wide range of stylistic attributes. Another art historian Rubin states that some of the figures faces symbolize the disfigurements of syphilis (Choi, 2004). The painting of Picasso is created by following a series of brothel. Rubin interprets that the painting expresses the artists skepticism, his willingness to risk anarchy for freedom, his fear of disease and illness and most forcefully his deep-seated fear and disliking of the female body. The painting is sharp and pointed and has the influence of ancient Iberian sculpture. The faces have a compelling force that obliges to African sculpture. Picasso has sometime used Negro sculpture. Picasso has used the different objects, analyzed them and re-assembled in an abstracted form (Choi, 2004). Conclusion Cubist painting is an art form created through a modernized approach to expression of the minds interpretation of the natural world. Cubist art is a form based on art. Cubism is a unique format where square shapes are formed together. The artist depicts the subject of his painting from a massive number of viewpoints to represent the subject in a greater context instead of depicting objects from one viewpoint (Meighan, 2008). Picasso was a very good painter and sculptor. He painting had the meaning and was different to others. He used to paint his own experiences and believed the painting should have some meaning. He used to create paintings with connection to reality. Reference Cubism, (2001). Retrieved April 11, 2008 from http://www.ethnicpaintings.com/popular-painting-styles/cubism.html Picasso, (1996). Retrieved April 11, 2008 from http://www.gospain.org/jewels/picasso.htm#cubscul Cubism, (1994). Retrieved April 11, 2008 from http://www.pet-portraitartist.com/learning-to-paint-and-draw/painting-styles/Cubism.htm Curtis, P. (1999). Sculpture 1900-1945: After Rodin. Published: Oxford publishing press. Meighan, M. (2008). Presentations, Retrieved April 11, 2008 from http://www.students.sbc.edu/meighan07/Presentation.text.htm Les Demoiselles dAvignon, (2008). Retrieved April 11, 2008 from http://www.geocities.com/rr17bb/LesDemoi.html JH GALLERY, (2005). Retrieved April 11, 2008 from http://www.geocities.com/jhinais/ Pablo Picasso (1881-1973). Retrieved April 11, 2008 from http://artchive.com/artchive/P/picasso.html Cubism, (2007). Retrieved April 11, 2008 fromhttp://www.centre-pompidou.net/education/ressources/ENS-cubisme_en/cubisme_en.html Art of Picasso, (2008). Retrieved April 11, 2008 from http://www.megaessays.com/viewpaper/102066.html Choi, E.(2004). Picasso and Early Cubism with Braque. Retrieved April 11, 2008 from http://www.people.vcu.edu/~djbromle/modern04/elizabethc/index.htm

Actual and Symbolic Barriers in Robert Frosts Mending Wall Essay

Actual and Symbolic Barriers in Robert Frost's Mending Wall The appearance of barriers, both literal and figurative, is significant to the narrative of Robert Frost's "Mending Wall." The story in this piece revolves around a wall separating two men, their yards, and their lives. The wall is not only a physical boundary; it also symbolizes the barriers between the two in other aspects of their lives. The most noticeable barrier in this work is obviously the wall dividing the yard. The reason for a wall between the trees is unknown to the narrator and the reader. The speaker questions the need for the fence when he says, "Before I built a wall I'd ask to know/ What I was walling in or walling out, / And to whom I was like to give offense." These feelings are expressed also in lines 23 through 26. The wall is located between the neighbor's pine grove and the speaker's apple orchard. Is there a point in dividing these trees? Even though the narrator does not know the purpose of the wall, he is always the one responsible for making sure it is mended every year. More than likely he unconsciously feels a need for the fence too. Perhaps it is a need for his privacy or maybe it is a need to have a connection with the outside world. In the lines "Where they have not left one stone on a stone, / But they would have the rabbit out of hiding," the wall represents the barriers people put up so that their vulnerabilities and secrets can remain hidden. Once this wall is broken there is a need to mend it in order to keep others from seeing what is on the opposite side of the wall. There are other instances of the wall representing the need for separation between personal and private aspects of lives. In lines 16 though 20, ... ...need to keep the wall up in order to protect themselves from outsiders. At the same time though, the need for the ritual of mending the fence is beyond their control. The narrator states, "Something there is that doesn't love a wall...And makes gaps even two can pass abreast." (Lines 1-4) The choice to pass through the fence is available, and so is the choice to mend the wall each year. Both know that the fence will fall again and the next spring they will be reunited. As long as the literal wall exists there will be contact between the two men. However as long as the figurative barriers remain, the distance between them is further than any fence could separate them. Work Cited Robert Frost. "Mending Wall." Making Literature Matter: An Anthology for Readers and Writers. Ed. John Schilb and John Clifford. New York: Bedford/St. Martin's, 2000. p106-107.

God And Future Of America :: essays research papers

Expos Paper   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  God is an all seeing, all hearing, and all knowing being that no one has really ever been in direct contact with. For skeptics that is enough to make an unbeliever, yet, with all of the resurrections, walking on water, and visions of the Virgin Mary crying something must be there. That something is the true dilemma. What exactly is God and what exactly does he want us do? Many have tried to analyze what the answers to these questions and most of them have received answers, it’s just that all the answers are different. Many factors have played part in my understanding of spirituality, from the views of the past to the radicals of the present each idea has helped me realize that God is there, anyway you want him to be. I feel that religion is overrated, just as cigarette ads try to suck young teens into smoking, religion tries to suck kids in through fear. Yet, while this approach may work on some, others grow out of, just as in believing in Santa Clause. Currently, with the more open-minded view of everything in society, there are less and less overtly religious people in the world. Jean-Paul Sartre saw this concept. He saw God as a concept dwindling on the brink of existence. â€Å"Traditionally religion tells us that we must conform to God’s ideas of humanity to become fully human. Instead we must see human beings as liberally incarnate. Sartre’s atheism was not a consoling creed, but other existentialists saw the absence of God as a positive liberation† (Armstrong, 68). The idea of God as â€Å"just there† appealed to me. That is how I have always felt; yet was convinced that a life without full-fledged devotion would get me nowhere. All though this view was refreshi ng I still questioned the reality of God. The world is not a warm, loving place. Although you may have a good life filled with much happiness, what about the millions of others that have a life of despair? â€Å"The Koran says ‘Not so much as the weight of an ant in earth or heaven escapes from the Lord.’ That is touching that Allah, God, and their ilk care when one ant dismembers another, or notes when a sparrow falls but I strain to see the use of it† (Dillard, 195). Annie Dillard skepticism is threw a wrench in the gears of my thoughts.

Cross cultural values and conflicts Essay

The modern society is made up of different cultures which are constantly interacting with each other. This interaction helps in the enrichment of the society. However, it is also the cause of intercultural tensions that have been witnessed in many countries such as the United States. Intercultural conflicts may take different forms. This might lead to problems in different communities and fuel high levels of hatred and confrontation. It is a known fact that cultures differ from one community to another. There has been increased violence that can be attributed to marginalization and impoverishment of some cultures as compared to others. The other factors that contribute to this are ignorance coupled with prejudice. The result of this is disagreements between different communities, resentment and possibility of uncontrollable violence erupting. These conflicts arise due to opposition of certain cultures and reluctance to accept the diverse cultures of the world. Sources of conflicts Intercultural conflicts can, therefore, be said to be due to three causes. These are: political causes, social causes and economic causes. Political sources may be due to territorial differences that might lead to conflicts between different groups of people or nations. The fight for certain resources in particular regions fall under economic causes of these conflicts. Dispute may sometimes arise regarding the ownership, accessibility to or control of certain resources. These resources might include jobs, contracts, credits or education. Allocation of these resources should be done in a fair manner so that everyone gets an equal share regardless of their cultural backgrounds. The tough economic times and conditions may exacerbate intercultural hostility especially when these are seen to be the key causes of unemployment and degradation of peoples’ welfare (LeBaron and Pillay, p 42). Economic policies that favor certain groups of people or nations and ignoring the disadvantaged ones may hasten these conflicts. Such disadvantaged groups include immigrants and workers who might be looked down upon (LeBaron and Pillay, p 42). Social causes of conflicts might be due to differences in religion and languages. These are cultural issues which should not be taken lightly. For example, a communication barrier as far as language is concerned. This can be seen in institutions regarding the particular language used in the teaching process and examinations. Secondly, language used in the military during command and other government departments for communication. These might cause disparities between people of different ethnic and cultural backgrounds. It has been established that religion is a major cause of conflict between groups of people (LeBaron and Pillay, p 43). The main cause of social conflicts in the U. S. is immigration and the income levels between the two races (whites and blacks). This also includes the natives and immigrants in the United States as well as the poor and rich people (Morin, para 2). Other factors that may worsen this situation include; potential threats posed by certain groups to the interest of the group considered as the majority. For example, in the United States, most whites see the non white immigrants as criminals who pose a great danger to their families, jobs and institutions. This leads to exclusion of such migrants in certain sectors such as taking up high grade jobs and government positions. It has heightened the levels of discrimination in the United States (Ting-Toomey and Oetzel, p 23). Conclusion There is need for a global approach in finding a lasting solution to this problem. These efforts should be directed towards ending cultural, racial and ethnic conflicts worldwide. It will help in ending xenophobia, racism and racial segregation in the U. S. In doing so, the tension that is usually witnessed between different groups of people will be greatly reduced hence leading to a harmonious society. Despite the fact that conflicts will always arise at times, these should be solved amicably and democratically without bias or favoring any side or group. Works Cited LeBaron, Michelle and Venashri Pillay. Conflict across Cultures. Boston: Intercultural Press, 2006. Morin, Rich. â€Å"What Divides America? † September 24, 2009. August 10th, 2010 Ting-Toomey, Stella and John Oetzel G. Managing Intercultural Conflict Effectively. California: Sage Publications, 2001

Assessing A Student

In education the main approach of an assessment is to determine what students have learned in a course or program. By determining what and how students learn teachers can oversee student progress, clarify student’s strengths and weaknesses, and keep a journal of these results to better help students. Second grade students are assessed to simply find the areas of struggles in their learning.I created and conducted an assessment on a second grader; the results were to my opinion normal. Creating an assessment based on the common core math standards for a second grader proved very informative. Many second graders are tested on the knowledge that they already know or have learned from their previous grade, I found that in doing this assessment most of the information was familiar to the student, and for the most part much of it was understood.As the assessment continued the student began to show little signs of weakness towards counting money, but he showed strengths of being able to recognize each coin and the value of those coins. Conducting assessments helps teachers to remove the guesswork out of how their students learn and allows them to begin to put together methods and strategies to be able to reach these students and help them stay on top of their learning.In creating the assessment chart I was able to identify the common core standards and compare what level the student should be on and what level that actual student is on in their learning abilities. The standards help with keeping the teacher and the student on a focused path. Being able to chart the results from the assessment gave me the idea of creating a journal for students; this will help with learning progress and minor set backs in the individual student.Setting goals in learning is most important for each student and the teacher, the journal will help both teacher and students stay on top of these goals. I learned that it is very helpful, and important for teachers to conduct review sess ions, these sessions will help struggling students build strength in their weak areas of learning. In conclusion, learning assessments are necessary for both student and teacher, and good idea must first start with a plan and I believe this is what a learning assessment will accomplish.Students need help in being guided in the right direction towards being successful in their learning career, teachers need plans to help be able to guide students in positive learning directions, I believe that the solution to both of these directional paths are conducting assessments and gathering the results of these assessments. Understanding and comprehending taught lessons are key elements to students, and the more a teacher knows about how their students learn the better prepared they can be to teach their students.