How to Play Basketball Essay Example for Free

How to Play Basketball Essay In order to play basketball, you need one basketball and two basketball hoops on opposite ends of the court. The hoops should be ten feet high. In an original game, you should form two teams of five individuals apiece would be the requirements. If a court just so happens to be full or fewer players are available, a game with one hoop can be played using alternate rules. The object is for you to score more baskets than your opponent. You should play a typical game for sixty minutes with four fifteen-minute periods, but you really can determine the length yourself. For you to start the game, the wo teams you formed, line up around the two centers. Each of your players matches up against another based on height and skill to make it fair. The referee throws the ball straight up and the two of you who are playing the position center, jump up to gain possession. The goal for you is to tip the ball to your teammates to gain possession. Remember Basketball is much as an offensive game as defensive game. When you have the ball, all of the members of your team are on offense. On offense you are trying to score points by shooting the ball into the opposing teams basket. Each basket your team scores is worth two points. Baskets scored outside the three-point line (an arc-shaped line beyond the free throw line) are worth three points. On offense you need to advance the ball, you can advance the ball in two ways: by passing and dribbling. First Dribbling, you need to take the ball and bounce it on the floor in a continuous motion. This is the process of dribbling. You can move your feet and body in any direction as long as you are dribbling but if you move in any direction without dribbling the ball then that is a violation. The goal for your team on offense is

Illiberal Practices of Liberal Regimes

Illiberal Practices of Liberal Regimes Should liberal societies tolerate illiberal practices? Discuss with reference to Kukathas. Most liberal democracies would claim to be liberal societies with hardly any or no restriction on liberal practices such as freedom of speech, freedom of religious belief, or freedom of information. However, not all of the liberal societies have the same levels of illiberal practices potentially restricting the freedom of their citizens. Liberal societies need to consider whether they should tolerate illiberal practices for various pragmatic and theoretical reasons. Not all of the liberal societies are the same and therefore tolerate different levels of illiberal practices. The level of illiberal practices that liberal societies will tolerate can depend, as will be discussed, on whether there are threats to those societies than can justify illiberal practices being used to safeguard those liberal societies from greater damage. Alternatively, toleration of illiberal practices depends on whether any particular liberal society sees a need to intervene when other liberal societies would not. The following discussion, as to whether liberal societies should tolerate illiberal practices, is with reference to the arguments of Chandran Kukathas in the ‘Liberal Archipelago’ and his other works. Kukathas and his work have aroused controversy especially with regard to whether minority groups should receive extra protection or special treatment in liberal societies, for instance being able to educate their children in separated schools. Discussions of liberal societies have shifted in emphasis to pluralism and whether it should be promoted or not. That change of emphasis from past debates occurred due to a greater recognition of the increased diversity in multicultural societies and the increased social conflicts or disagreement that can entail. No liberal society is free to operate without restraints, whether those are legal restraints or illiberal practices that have evolved over time or have been applied upon an ad hoc basis. Liberal societies have to find a balance between the greatest amount of freedom for every individual within those societies with the need to maintain stability plus law and order. Liberal democracies are regarded as the best form of state that allows liberal societies to flourish with the least number of illiberal practices (Comfort, 1993 p. 345). Kukathas himself contends that although not perfect in practice that ‘democratic states have been kinder and gentler rulers’ (Kukathas, 2003 p. 195). A problem with the toleration of illiberal practices is that people’s definitions of illiberal practices differs widely and is entirely subjective. The illiberal practices of some people are the necessary and common sense measures advocated by others to maintain law and order. Liberalist me asures do not even have to be introduced by liberal societies, for instance Russia, France, and Prussia in the 18th century or present day China have adopted economic liberalism without lessening the authoritarian grip of the state (Held, 1996 p. 70). The acceptable level of illiberal practices tolerated in liberal societies is dependent on how much interference from the state in the political, economic and social spheres of societies is considered justified. Liberalism as a political, economic and social concept had evolved and changed over the centuries. Liberalism has been subject to changes and trends just like the other ideologies such as socialism and conservatism. In its original guise liberalism called for the minimum amount of state interference as possible in social and economic affairs. Liberalism contends that states were only needed to ensure that people had basic legal rights and that the property of the wealthy or businesses was protected. This classical liberalism wa s linked to the political ideas of John Locke and the economic liberalism of Adam Smith amongst others. Kukathas finds Locke’s views appealing, as Locke was a strong supporter of religious toleration and freedom of conscience (Held, 1996 p. 70). Classical liberalism stresses the freedom of individuals to do what they like, when they like and be free to use their money and their property as they like. New liberalism, which developed towards the end of the 19th century, stresses the importance of society and the role that the state has in providing welfare as well as promoting equality. Adherents of both types of liberalism claim that their form of liberalism is the true form, making the other redundant. Classical liberalism gives a greater scope for the acceptance of illiberal practices as it stresses minimum state intervention. On the other hand, new liberalism is more likely not to tolerate illiberal practices, particularly if those practices prevent welfare provision and social equality (Schumpeter, 1954 p.394). Aside from maintaining law and order plus preventing the poorest starving to death, no illiberal, or for that matter well-intentioned liberal practices, were to be tolerated, that was the belief at the centre of classical liberalism. Liberal societies emerged at different times and at different rates. Economic liberalism often emerged before political and social liberalism. This would explain how illiberal societies could embrace economic liberalism without embracing political and social liberalism. From the 19th century a more proactive form of liberalism termed new liberalism emerged that intervened in societies to tackle social and economic problems such as basic levels of welfare provision. As the 20th century progressed liberal societies embraced further interventions to ensure full employment and to counter social issues such as race and gender discrimination. The issues of diversity and multiculturalism have changed the debates over the illiberal practices that liberal societi es should tolerate. These issues have added complexity as to how illiberal is defined and whether some groups should have their illiberal practices tolerated to further diversity or whether no illiberal practices should be tolerated from any group (Bellamy in Eatwell Wright 2003 p.33). The post –war consensus on high spending liberal democracies with ever expanding social and welfare provisions, with an increasing emphasis on the pluralist nature of liberal societies was challenged by neo-liberals such as Fredrich von Hayek and John Rawls. It was such views that had a strong influence upon Margaret Thatcher and Ronald Reagan (Bellamy in Eatwell Wright, 2003 p.39). Hayek and Rawls have also proved influential on Kukathas’ ideas concerning liberal societies tolerating illiberal practices. Rawls believes that economic liberalism needs to be combined with social justice. It is Rawls later works that interested Kukathas the most as Rawls displays libertarian views that he shares with Kukathas. Rawls thought that distinct ethnic or religious groups should receive differing levels of toleration depending â€Å"on the extent to which they can be allowed an equal place within a just system of liberty† (Rawls, 1993). Kukathas himself is an advocate of classical liberalism where state intervention is kept to the lowest possible minimum rather than later versions of liberalism in which the state intervenes more frequently to achieve set economic, social, and political aims. Kukathas has provoked debate by stating in his works that the states of liberal societies should not even intervene to promote the interests of minority ethnic or religious groups, liberal societies should only permit the toleration of these groups. Kukathas believes that the toleration accorded to such groups should not be dependent on how liberal the internal practices of such groups are. Once groups have received toleration then they can run themselves as they please as long as they are not breaking any laws. If any individual members of these groups are unhappy then they should not look to liberal societies to help them, all they need to do is leave their particular group. Liberal societies should not promote the interests o f any groups ahead of all the groups, or any particular sector within society no matter how well intended its motives are, also they should not make such treatment conditional. Toleration is beneficial to the whole of society; special treatment for individuals and groups is not. Discrimination in favour of certain groups does not benefit them in the long term and is harmful to society (Kukathas, 2003 p. 5). Kukathas regards all groups that form voluntarily to be enhancing liberal society, which includes those with illiberal practices. States are the main actors that threaten liberal society when they restrict such groups. The illiberal practices of these groups might not be illegal activities and whilst they remain within the law, no action should be taken against such groups. The motivations for such groups to form can be due to a sense of being different from the rest of society. If liberal societies are truly open and democratic, then they should accept that some people are oppos ed to the majority of the populations’ beliefs and behaviours. For people that wish to safeguard their diversity forming separate groups is a means to live how they want to live. To such groups illiberal practices are a way of maintaining their distinctiveness from the rest of their society. Groups may also believe that their illiberal practices are not illiberal at all and can be justified as part of their culture and beliefs (Kukathas, 2003 p. 36). There is one freedom that Kukathas believes that liberal societies should promote above all other freedoms and rights, which is freedom of conscience. Freedom of conscience is so important for the proper functioning of liberal societies that these societies should be prepared to tolerate illiberal practices to ensure that freedom of conscience is maintained for the maximum number of people and groups within each liberal society. Allowing freedom of conscience is perhaps the best way of achieving and maintaining a diverse and multicultural liberal society. Governments should not intervene in the internal matters of illiberal groups to remove their illiberal practices. If illiberal practices are based upon the freedom of conscience of individuals or groups then liberal societies should tolerate such practices. If individual members of such groups change their opinions and no longer accept the group’s ideological or religious viewpoints then they can leave the group. As long as i ndividual members are free to leave, then there are no reasons to end the illiberal practices of such groups (Kukathas, 2003 p.36). Kukathas does admit that some members of these groups may find it more difficult to leave than others could, for instance women and children. Women in such groups may face disadvantages such as being unable to support themselves outside of their groups through lack of education and skills. Groups may also be difficult to leave because they use propaganda to persuade doubters to remain or intimidate members into staying within the group. Kukathas again argues that liberal societies should tolerate those illiberal practices if groups ultimately allow members to leave them. As soon as illiberal practices become life threatening to members that wish to leave then it is appropriate for liberal societies to stop tolerating illiberal practices. Therefore, state intrusion into the illiberal practices of groups should be a last resort rather than undertaken lightly or with little respect for their freedom of conscience and association (Kukathas, 2003 p. 107). Kukathas contends that there are two main types of religious or social groups. There are those groups that are a ‘Union of Liberty’ and those groups that are a ‘Federation of Liberty’. States are less likely to intervene in the affairs of the Union of Liberty groups than they are to intervene with a Federation of Liberty group. Groups that are a Union of Liberty type are less likely to have illiberal practices, whilst members are more likely to be able to leave these groups without any obstructions. In contrast the groups which are Federation of Liberty type are more likely to have illiberal practices and are more likely to prevent members leaving their fold. The Union of Liberty groups are more likely to have a strategy over shared property rights and the rights of children to leave their membership, as the parents chose to join and the children did not (Kukathas, 2001 p. 43). When liberal societies opt to tolerate social and political freedoms such as freedom of religion and conscience they are voluntarily restricting their rights to intervene in the internal affairs of political or religious groups. However, the rights of states to intervene to restrict such freedoms still remain. The rights to intervene and therefore no longer tolerate illiberal practices can be used if or when groups abuse their freedoms to abuse others. Such views are put forward by those that disagree with Kukathas willingness to tolerate more illiberal practices rather than less. Kukathas’ views on pluralism and multiculturalism plus whether illiberal practices should be tolerated have been criticised by many contemporary liberal writers and academics. Those that argue against Kukathas’ views on tolerating illiberal practices most notably include Will Kymlicka. Kymlicka contends contrary to Kukathas that liberal societies are justified in denying toleration to ethnic or religious groups that have an illiberal or authoritarian hold over their members. Kymlicka sees that the majority of liberal societies tolerate illiberal practices not through choice but because of their benign negligence. Kymlicka views the tolerance of illiberal practices in liberal societies as being undesirable, especially when that the freedoms of individuals are subordinated to the freedoms of the illiberal groups that they belong to (Kymlicka, 1995 p. 239). Liberal societies should not have to tolerate illiberal practices especially when these societies have the ability to stop such illiberal practices at any point they wish to. Liberal societies should certainly end illiberal practices before the freedom and the safety of group members is at risk. Freedom of conscience should not be given priority over freedom of association or speech. At no point should liberal societies decide to place freedom of conscience above the personal safety of any of its citizens. Whilst the state in liberal societies should not have to decide on whether groups should allow their members to leave, the state does have a duty to uphold law and order or public safety or if they are under actual or potential threat. Kymlicka argues that illiberal practices are easily recognisable. Illiberal practices occur when groups â€Å"simply assign particular roles and duties to people, and prevent people from questioning or revising them† (Kymlicka, 1995 p.94). Brian Barry is another critic of the concept that liberal societies should accept or tolerate illiberal practices. Barry is arguing from a different viewpoint than Kymlicka when he criticises Kukathas for proposing that liberal societies should tolerate illiberal practices. Unlike Kymlicka, Barry is not a strong advocate of multiculturalism. In fact he argues that multiculturalism can introduce illiberal practices in to liberal societies that should not be tolerated. The basis of his arguments against the illiberal practices linked to multiculturalism are that minority ethnic and religious groups should not be allowed to exclusively educate their own children. For if these groups educate such children then they may not learn about equality and political moderation. If not monitored groups educating their own children can pass on religious and political extremism on to them. The governments of liberal societies have shown most concern over Islamic schools and the perception that they will increase illiberal practices. Muslims argue that their children are not catered for in non-Islamic schools. For instance, Britain has not provided public funding for Islamic schools, although it does for Christian and Jewish schools. In Northern Ireland, separate Roman Catholic and Protestant schools have arguably helped to maintain the sectarian divisions. By contrast, the French have kept their schools strictly secular since the revolution and will not tolerate Muslims (or any other religious group) trying to bring religious elements into schools. Education is a vital area to consider when it comes to deciding if liberal societies should tolerate illiberal practices. Therefore, deciding what should or should not be permitted and taught in schools is a highly contentious area. In the wake of the 9/11 attacks there has been a closer scrutiny of the education that Muslims receive in schools and mosques and whether tolerating illiberal practices is good or bad for the security of liberal societies (Barry, 2001). Therefore, to some extent liberal societies should tolerate illiberal practices with certain limitations to operate. Liberal societies have to maintain a balance between all the individuals and groups within them. A Liberal society usually attempts to give individuals and groups as much freedom as possible, which is what distinguishes liberal societies from illiberal societies. It should be remembered that illiberal practices are not necessarily illegal and that the state will not intervene if groups with illiberal practices keep their activities legal. Liberal societies tend to tolerate as much as they can. Toleration though has limits. Liberal societies will not tolerate illiberal practices that threaten the safety of individuals or that risk breaking down law and order or inciting violence between groups on racial, ethnic or religious grounds. There are political, social and philosophical arguments as to why illiberal practices should or should not be tolerated. Kukathas’ s trongest arguments in favour of tolerating illiberal practices is that allowing individuals or groups freedom of conscience is more important than the liberal or illiberal nature of their practices. For Kukathas toleration is the key to achieving a well- balanced diverse multicultural liberal society. Toleration is more important than making special provisions for minority groups, which are discriminatory and counter-productive. Critics of Kukathas counter his arguments by stating that liberal societies should not tolerate any illiberal practices that restrict the freedom of individuals, especially if such illiberal practices place people in danger. Much of the debate between Kukathas and his critics hinges around the rights of individuals to leave groups with illiberal practices. The thorniest issue regarding individuals leaving groups is whether children have to remain in these groups even when they did not chose to join in the first place. Kukathas contends that groups should be tolerated as long as members are free to leave. Critics of Kukathas believe that groups with illiberal practices should change those illiberal practices or at least guarantee that members can leave whenever they want to before they are tolerated within liberal societies. Critics of groups with illiberal practices point to the problems that members of these groups can face, such as not been educated, being educated with extremist views, being physically and mentally abused or simply forced to stay in these groups. Governments should not stand by and let those things happen if they can be prevented. The arguments over the toleration of illiberal practices in liberal societies have been brought in to greater focus in relation to issues concerning religious and political extremism, particularly in relation to Islam. The dividing lines between promoting diversity and multiculturalism on the one hand or appeasing to illiberal and possibly illegal practices can be blurred. Bibliography Barry B, (2001) Culture and Equality: An egalitarian critique of multiculturalism, Polity Press, Cambridge Bellamy R ‘Liberalism’ in Eatwell Wright (2003) Contemporary Political Ideologies 2nd Edition, Continuum, London Comfort N (1993) Brewer’s Politics, a phrase and fable dictionary, Cassell, London Held D, (1996) Models of Democracy 2nd edition, Polity Press, Oxford Kukathas, (2001) Can a Liberal Society Tolerate Illiberal elements? Policy 17, No. 2 Kukathas (2003) the Liberal Archipelago: A theory of Diversity and Freedom, Oxford University Press, Oxford Kymlicka W, (1995) Multicultural Citizenship, Oxford University Press

Housing Development Legal Issues

Housing Development Legal Issues Architectural BIM Technology Table of Contents (Jump to) Executive Summary 1.0 Introduction 2.0 St Johns College Respond housing Development 3.0 Evaluation of Legal issues 4.0 Conservation Protected structures 5.0 Duty of Care 6.0 Scope of Works 7.0 Boundary Disputes 8.0 Reflective Learning Bibliography Table of Cases Donoghue v Stevenson [1932] AC 562 Hymany [Pontoon] Ltd -v- Galkil Ltd t/a Impact Developments IEHC 188 Dempsey Anor -v- Waterford Corporation [2008] IEHC 55 (29 February 2008) Cite as: [2008] IEHC 55 List of Images Fig 1 http://www.mythenconstruction.ie/wp-content/uploads/2014/09/St-Johns-College-Waterford.jpg Fig 2 http://waterfordireland.tripod.com/stjohnscollege.jpg Fig 3 http://maps.osi.ie/publicviewer/#V1,661050,611123,7,10 Fig 4 http://maps.osi.ie/publicviewer/#V1,661050,611123,7,14 Fig 5 http://maps.osi.ie/publicviewer/#V1,661050,611123,7,11 Fig 6- http://waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441 Fig 7 http://waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441 Fig 8 http://waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441 Executive Summary This document will focus on identifying expanding and exploring legal issues which may be encountered regarding the housing development by Respond in partnership with Department of Environment, Local Government and Communities. The project is to consist of 21 apartments in the upper level of the existing St Johns College building and 36 new apartments in a newly build block which will be located on the college site at Richardson’s Folly, Waterford. Mythen construction will be the contractors on site for the project which started in December 2013. The legal issues which will be focus of the project are Conservation Protected structures, Duty of Care, Scope of works and Boundary disputes. Each area will be outlined within the document and furthermore expanded on in order to outline methods of resolving such issues. Legal literature regarding both construction and general law will be used as will appropriate case law in order to widen the scope and provide a more general view of the issues. 1.0 Introduction The main aim of this document is to identify, evaluate and expand on â€Å"the main legal issues likely to arise in relation to the respond housing association development at St Johns College, Richardson’s Folly, and Waterford.† The document will explore legal issues related to Architecture which may occur or be encountered by both an Architect and Architectural Technician on site during the duration of the project mentioned above. In evaluating these issues, past legal cases associated to the topics will be reviewed in order to provide a clearer view of the issues in question, to the relevant laws and how these issues can be resolved. Guidance will also be provided in terms of how these issues can be dealt with and also how they can be foreseen and eliminated at an early stage in the future as to avoid any disputes between all parties involved in the project whether these disputes happen on or off site. Prior to the breakdown of the issues which may arise a short overv iew of St Johns College, the history of the college and a breakdown of the project undertaken by Respond will be outlined in order to provide a wider scope of the project as a whole. 2.0 St Johns College Respond housing Development St Johns College is a Catholic seminary which as mentioned, is located at Richardson’s Folly in Waterford. The college which was founded in 1880 for the Waterford/Lismore diocese. The college was made up of two schools the first being a classical school run by Rev. Thomas Flynn and the second an Academy run by Dr. Geoffrey Keating. The College closed in closed in 1999 due to lack of activity and vocations with the remaining students transferred. In 2007 it was announced that Respond Housing association in partnership with Department of Environment, Local Government and Communities had acquired sections of the site which is a protected structure of approximately 3900sq.m with a proposal of redeveloping the building into social housing. Mythen construction began works on site in December 2013. The development as it stands is to consist of the retrofit/redevelopment of the existing college building which is to include 21 apartments on the upper floors with a new building located on site which will house 36 new apartments (2400 sq.m approx.) the redevelopment will also include communal facilities. Below are images of the proposed and existing buildings with 3 OSI maps showing the site location and the proposed new site. Proposed development Fig 1 Existing building – Fig2 OSI Site plan – Fig 3 Existing building- Fig 4 Proposed new site Fig 5 3.0 Evaluation of Legal issues The following are the legal issues which will be identified, evaluated and expanded on. As mentioned these issues will be broken down in order to identify how these issues can arise, how they can be dealt with and how they can be prevented in the future. Previous legal cases, Legal literature regarding construction and general legal resources will be used to further the reasoning behind such issues and how they may arise. Conservation Protected structures Duty of Care Scope of Works Trespass Boundary Dispute 4.0 Conservation Protected structures The first area to be explored is conservation and protected structures. As the main college building is a protected structure this without doubt will be an issue associated with a project. When a project is undertaken which involves conservation or that of a protected structure it is essential to have an architect who has some experience in conservation or dealing with protected structures. As stated in the Irish Planning and Development act 2000 â€Å"Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered†[1]. In keeping with the statement above it is important for a conservation survey to be carried out on the structure prior to commence ment in order to ensure no part of the building is endangered. If with the project in question there is need to either for an addition or deletion an addition as stated by the Irish Planning and Development act 2000 â€Å"in the case of an addition, the addition is necessary or desirable in order to protect a structure, or part of a structure, of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, whether or not a recommendation has been made under section 53[2]† On the other hand in terms of a deletion the 2000 act states â€Å"in the case of a deletion, the protection of the structure or part is no longer warranted† In order to avoid any disputes or breach of regulations it is essential to carry out work on a protected structure with a high degree of care. It is in everyone’s best interests to ensure that a protected structure is well maintained and preserved accordingly which in turn can eliminate any potential problems which may be encountered during the durati on of construction stage. 5.0 Duty of Care Duty of care can be defined as person or person’s responsibility to act with the same level of care, attention and cautiousness as a person in a similar situation when carrying out an act, ensuring that there is no possibly of danger or endangerment. For example a designer should strive to achieve the same level of competency as a designer within the same discipline when carrying out works ensuring that he has carried out the associated works with a reasonable amount of care. For example if an Architect fails to comply with building regulations this can be seen as a breach of his/her duty of care given that they have failed to ensure the safety of the building occupants once works have been completed failure to comply with such regulations may also lead to potential damage to the building.[3] When it comes to any kind of building project there will always be a duty of care whether it be to the structure itself, to the client and the persons working on the site. Both the contra ctor and Architect hold a duty of care in terms of the proposed development being fit for purpose and also that the construction has been carried out in a competent manor including the drawings which were prepared for the project. To give an example in terms of duty of care being breached by one party if the contractor feels as though the Architect is incompetent and that his/her drawings are not too a standard in which can be used to successfully and safely carry out the associated works the contractor may feel that the Architect is in breach of their duty of care and vice versa if the contractor/builder is not constructing the building in a safe and sufficient manner then the architect may feel the builder is in breach of his/her duty of care. In terms of an example of duty of care outside of construction the case of case of Donoghue v Stevenson [1932] AC 562 is a fitting example as it came down to that it was the manufacturers duty of care to ensure the product was fit for human consumption and when it subsequently was found to not be fit for human consumption it was proven that it was a breach of duty of care on the manufactures side. [4] To ensure there are no disputes regarding duty of care it is crucial that all parties involved from the design team to the construction team are competent enough with their responsibilities to sufficiently successfully and safely complete the project without breaching their duty of care and also that they understand they have a duty of care and that this must be adhered too. 6.0 Scope of Works As per the RIAI Standard form of contract 2012 review by Tony Cunningham[5] scope of works can be defined as â€Å"The contractor must complete the works in accordance with the Contract Documents to the satisfaction of the Architect. The contractor must also comply with Architects Instructions†[6]. Prior to works commencing on the Respond housing development at St Johns College all works to be completed would have been outlined within the contract such as the contractor’s roles and responsibilities on site as well as off site. Cunningham also goes onto mention within the review that if the contractor fails to deliver the specified works outlined then he/she may be held liable with the cost of such implications either being added to or reduced from the contract sum. The Architect also holds the power to appoint a new contractor to site in order to complete the unfinished works left by the previous contractor whilst also charging incomplete work to the original contractor . Given the scale of the project at St Johns College this could potentially be a problem during the duration of the works. In the case of Hymany [Pontoon] Ltd -v- Galkil Ltd t/a Impact Developments [2011] IEHC 188[7] although the contractor had failed to complete some of the work which was outlined within the contract the judge deemed that the contractor could not be held responsible given the fact the scope of works outlined in the contract was broad and with very little specificity. Hymany [Pontoon] Ltd -v- Galkil Ltd t/a Impact Developments shows how in order for the contractor to fulfill the scope of works correctly it is essential that the scope of works is carefully outlined in depth in order to eliminate confusion which in turn could cause a dispute between the architect and contractors or vice versa. 7.0 Boundary Disputes When it comes to diputes involving boundarys there can be a number of factors or variables involved. In most cases involving boundary disputes it comes down to incorrect mapping which defines the boundarys of a site in position which in reality it may not be the correct position[8]. In order to attempt to define where a boundary lies the deployment of a professional surveyor to give his/her opinion on where the boundary lies may be crucial at the early stage in terms of elimating future disputes regarding the asscoiated boundary. In terms of St Johns College respond development from the pictures below the site of the develoment is outlined in blue with a smaller site also outlined in Fig6. There could potenially be a dispute if it is taken that the new development enchroaches onto the smaller site as this could also fall under prtivate nuisance. If there is no visible boundary between the two sites at St Johns College this may also cause a potenial dispute. In order to reslove a boun dary dispute it will take a combination of both surveyors and lawyers. The lawyers will provided the releavnt information regarding the deeds and documentation which the surveyor will use in their investiagtion into providing the legal position of the boundary. The majority of boundary disputes can also be resolved using mediation as it can keep a civil relationship between both parties while preventing costly legal fees.[9] [10] St Johns Boundary – Fig 6 Proposed Site Boundary – Fig 7 Secondary Site – Fig 8 8.0 Reflective Learning Overall given the scale of the St Johns College project it is highly likely that one or more of these issues will arise on site during the duration of the project. Although the issues mentioned can be resolved it can also be a lot more difficult to anticipate them. In saying this there are, as mentioned, ways in which they can be dealt with early on to try and avoid any disputes and intern make for a easier more succesful project but this does not always happen on bigger projects.The majority of the issues which are encountered on and off site on projects can be eliminated through good detailed planning and also ensuring all parties undertand the terms outlined in the various contracts asscoiated with the works. The legal issues exlpored within the document have provided a wider scope personally which is very benifical in terms of the future and future employment as I now have a greater understanding of what each one entails. I feel as though the project as whole was worthwhile and r ewarding.I feel as though my ability to compile a document of this nature has improved as has my general knowledge of contracts law and construction law. Bibliography Textbooks – Canny, J (2001).Construction and Building Law. Dublin: Round Hall Ltd. p23-27..57- 62 Speight, A Stone, G. (1996). The English Law of Tort. In: Speight, A Stone, G Architects Legal Handbook. 6th ed. Great Britain: Reed Educational Professional Publishing Ltd 1996. Scriven, J, Pritchard, N, Delmon, J (1999).A Contractual Guide to Major Construction Projects. London: Sweet Maxwell. Part 2 p8-21 Part 3 p17-32. Websites Base Surveys Ltd. (2010).Causes of Boundary Disputes.Available: http://www.baselinesurveys.ie/Causes of Boundary Disputes.html. Last accessed 18th March 2015 Cunningham, T. (2013).The RIAI Standard Form of Contract 2012 Edition: a Review.Available: http://arrow.dit.ie/cgi/viewcontent.cgi?article=1005context=beschreoth. Last accessed 18th March 2015. Irish Planning Development Act 200. (2000).Planning Development Act 2000.Available: http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0058.html#sec58 Last Accessed 18th March 2015 Irish Planning Development Act 200. (2000).Planning Development Act 2000.Available: http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0054.html#sec54. Last accessed 18th March 2015 OReilly, N, Shine, P. (2013).Beyond the bounds: resolving boundary disputes.Available: http://www.surveyorsjournal.ie/index.php/beyond-bounds-resolving-boundary-disputes/. Last accessed 18th March 2015 Journals – Smith, H. (2011). Construction dispute avoidance newsletter. Available: http://www.herbertsmithfreehills.com/-/media/HS/T21121146.pdf. Last accessed 5th March 2014 1 [1] http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0058.html#sec58 [2] http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0054.html#sec54 [3] Construction dispute avoidance newsletter http://www.herbertsmithfreehills.com/-/media/HS/T21121146.pdf [4] Donoghue v Stevenson [1932] AC 562 [5] Tony Cunningham Dublin Institute of Technology [6] http://arrow.dit.ie/cgi/viewcontent.cgi?article=1005context=beschreoth [7] Hymany [Pontoon] Ltd -v- Galkil Ltd t/a Impact Developments IEHC 188 [8] http://www.baselinesurveys.ie/Causes of Boundary Disputes.html [9] http://www.surveyorsjournal.ie/index.php/beyond-bounds-resolving-boundary-disputes/ [10] http://waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441

Comparing Paintings by Pablo Picasso and Alberto Morrocco Essay

Comparing Paintings by Pablo Picasso and Alberto Morrocco I have decided to contrast and compare paintings by cubist artist Pablo Picasso and contemporary artist Alberto Morrocco. I have studied their paintings to find out their influences and any similarities between their work. I have tried to find a source of their motivation and reason for their interpretations. Firstly, I am going to write about cubist artist, Pablo Picasso. Inspired by artist Paul Cezanne, the father of analytical cubism, Picasso attempted many styles of work. He experimented with different media and use of colour, throughout his artistic career. His paintings reflected his moods and attitudes, which changed several times during the course of his life. As a result of this, groups of his painting can be separated into 'periods'. A very famous period Picasso developed was his 'Blue Period', where the paintings of this time were blue in colour and portrayed him to be unhappy. An example of this is ' The Tragedy' painted in 1903. The painting is of a family standing on a beach, frozen like statues. In my perception, it takes on the image of a snapshot, eternally showing these still lonely figures. The painting looks cold due to Picasso's use of blue, submitting further the idea of unintimacy and absence of love within this solemn family. I understand why Picasso adopted such a melancholy atmosphere; it was a result of his friend committing suicide in 1901. His use of thick brush strokes and realistic perception of a family drowned by the presence of poverty, portray an image of deep sorrow and sadness. A painting that resembles Picasso's 'The Tragedy' is the 'Siesta' by Alberto Morrocco painted in 1971. Picasso and artist Henri Matisse had great influence Alberto Morrocco. Inspiration also came from his principal teacher James Cowie, who encouraged Morrocco to make painting his career. The 'Siesta' shows a female child sleeping naked on a table. Sitting behind her is a woman, presumably her mother, who is awake and holing a sunflower. This also can be perceived as a photographic image. I feel as though the woman is staring directly at the camera, her eyes fixated upon me. This highlights one similarity between Morrocco's 'Siesta' and Picasso's 'The Tragedy' purely by choice of composition. Another similarity I have discovered is that both art... ...to be in this painting, the egg would have rolled off. Both these paintings are similar also in colour. The colours used are bright, strong and effective. I believe that the colour concepts bring each painting to life. Picasso used natural colours to represent the natural significance of the objects in this painting. This makes me feel comfortable and at peace. Morrocco chose olive green, reds and blues to capture the essence of his native Italy. This, in my opinion, gives the painting a special quality and is very pleasing to look at. Picasso's 'Bread Fruit Dish on a Table' is a fantastic example of how he experimented with shape and tried to teach himself and learn through experience the techniques of analytical cubism. He later used this new knowledge to develop cubism further and create a new, unique style which he called synthetic cubism. Alberto Morrocco sought inspiration from Picasso's cubist phase and tried out the style himself. ' Homage a Braque' is a very interesting painting which clearly shows similarities between his paintings and those by Pablo Picasso. However, Morrocco gave an incentive of himself into his painting making it his own masterpiece.

Transitions of the Scientific Revolution and the Enlightenment Periods

Transitions of the Scientific Revolution and the Enlightenment Periods The Scientific Revolution and the Enlightenment of the seventeenth and eighteenth centuries were times of great emphasis on reason and questioning of faith. The scientists and philosophes of these eras discovered and taught new ideas that often contradicted what the church and former thinkers had taught and believed before them. Most of the intellectual, political, economic, and social characteristics associated with the modern world came into being during the seventeenth and eighteenth centuries.1 During the Scientific Revolution, people began to question beliefs that they had always taken for granted. Scientists changed people's views of the world they lived in through discoveries such as the theory of the heliocentric universe. During the Enlightenment, philosophes challenged beliefs formerly held by the church and government by insisting that human reason would lead to the solution of all problems. They believed that man should live his life, make his own decisions, and believe w hat he wanted based on his own experiences and what he believed to be true. These two revolutions lead to a movement away from the church and faith, and towards a belief in more scientific and mathematical explanations for the way things worked. One of the aspects of the Scientific Revolution was the popularization of the belief in a sun-centered universe. Before this time, both Aristotle and Ptolemy supported the theory that the earth was the center of the universe and that the stars and planets revolved around it. Also, the realm of God was believed to lie just outside of this universe. This was known as the geocentric theory and the Catholic Church also strongly supported... ...s or herself. The former influence that faith and the church had on everyday life was questioned during these eras and a strong turning from former beliefs was widely evident as the thinkers of this time proposed new ideas on logic and reason. 1 Perry M. Rogers, ed. Aspects of Western Civilization: Problems and Sources in History (Upper Saddle River, N.J., Prentice Hall, 1998) 3. 2 Rogers. Aspects of Western Civilization 11. 3 Rogers. Aspects of Western Civilization 12. 4 Rogers. Aspects of Western Civilization 14. 5 Rogers. Aspects of Western Civilization 9. 6 Rogers. Aspects of Western Civilization 16. 7 Rogers. Aspects of Western Civilization 3. 8 Rogers. Aspects of Western Civilization 4. 9 Rogers. Aspects of Western Civilization 29. 10 Rogers. Aspects of Western Civilization 31. 11 Rogers. Aspects of Western Civilization 35.

Eye movements are a reflection of cognitive processes Essay -- Psychol

Introduction The mind is an intriguing element of the human life not only because of its complexity and capability but mostly because of its opacity. How does psychology begin to understand something so obscure and complex? Evidently, by observing and measuring the product of the cognitive processes that occurs through an interaction between the external and internal world. The term ‘cognitive processes’ is a rather collective term referring to a range of mental processes such as perceiving, thinking, speaking, acting, planning and imagining (Ward, 2006). The processes themselves are immensely difficult to measure directly, if possible at all. However, one may gain insight into these mental processes through observing the covert products, such as haemodynamic and electrophysiological changes and the overt products, such as behaviour, accuracy, response times and eye movements. The scope of this essay is to review the evidence that demonstrates exactly how eye movements reflect cognitive processes. Due to the vastness of the topic, this essay will focus on only one of the aforementioned cognitive processes. There has been much attention and extensive literature and reviews regarding eye movements as a tool for understanding the processes of reading, visual perception, visual search and attention (e.g., Rayner, 1998; Liversedge and Findlay, 2 000; Schutz, Braun and Gegenfurtner, 2011). All the mentioned research fields involve measuring eye movements while view some form of visual stimulus, this dissertation will explore a more aberrant field, evidence will be based on literature relating to eye movements when sensory visual input is absent, during visual mental imagery. While reviewing the literature basic themes relating eye m... ...nformation processing: 20 years of research. Psychological Bulletin, 124, 372-422. Schutz, A.C., Braun, D.I., & Gegenfurtner, K.R. (2011). Eye movements and perception: A selective review. Journal of Vision, 5, 1-30. Shallice,T. (1988). From neuropsychology to mental structure. New York: Cambridge University Press. Sima, J.F., Lindner, M., Schultheis, H., & Barkowsky, T. (2010). Eye movements reflect reasoning with mental images but not with mental models in orientation knowledge tasks. Spatial Cognition, 10, 248-261. Spivey, M.J., & Geng, J.J. (2001). Oculomotor mechanisms activated by imagery and memory: eye movements to absent objects. Psychological Research, 65, 235-241. Ward, J. (2006). The students guide to cognitive neuroscience. New York: Psychology Press. Watson, J.B. (1913). Psychology as the behaviourist views it. Psychological Review, 20, 158-177.

Environmental Justice and Sustainability Essay

Alex Steffen and Sarah Rich, executive editors of the bright green environmentalist online magazine WorldChanging recently observed that while environmental movements have focused primarily on confronting the ecological injustices that have become a historical trademark of industrialization, it has made little of a name for itself in addressing the social injustice that is also a part of environmental degradation. (Steffen & Rich, 2007) Steffen and Rich remark, â€Å"the environmental movement has grown and become known (at least early on) more for its vehement advocacy for whales and rainforests than for disenfranchised citizens† noting that the latter is generally regarded as a concern of other movements related to social justice and civil rights. However, they note that it has become increasingly apparent that social injustice and environmental degradation are inextricably related to one another. (Steffen & Rich, 2007) While many cities have begun to embrace the concept of sustainability into their policies, few have taken environmental justice into account. Van Jones neatly summarized the issue of environmental justice when he declared at last year’s Green Festival in Chicago, â€Å"Who are we going to take with us, and who are we going to leave behind? † Jones concern was that the environmental movement is divided between the rich and the poor. (Anderson, 2007) As such, any definition of sustainability must take the social dimensions of environmental damage into account, for the degradation of the environment is in fact, a civil injustice. Sustainability must embrace environmental justice by letting â€Å"environment† stand not just for concerns over resources, pollution and biodiversity but concerns over equitable distribution of resources, human health and racial equality. (Steffen & Rich, 2007) The city of San Francisco has embraced the United Nations definition of sustainability and has conclusively inferred that sustainability means social equity as much as it does environmental responsibility. However, it is also rather vague about what social equitability means. (Magilavy, 2008) Sustainability policies should declare that improvements and protection of environmental welfare should be applied without discrimination. They should declare that resources are distributed equally and access to justice over environmental matters should be available to all, and that participation and decision making should be not limited to an exclusive demographic class or ethnicity. Likewise, environmental injustices such as the systemically inequitable distribution of wealth, the discriminatory improvement of environment, or the denial of access to information and participation in decision making in environmental-related policies should be covered by sustainability policies. As such, if the heart of sustainability’s definition is concern for the ecosystem and life within it, then it also includes the human beings who are part of it as well. The goal of sustainability should then be the achievement of the longevity of human and planet welfare, rather than just environmental protectionism by another name. The Global Footprint Network defines ‘ecological debt’ as the sum of all deficits in the biocapacity of the planet, and asserts that humanity’s demands on the planet is continuously exceeding that biocapacity. As such, the Network contends that we are in a state of overshoot, placing greater demands on nature than can it regenerate. (Global Footprint Network, 2008) This concept is crucial to the conception of environmental justice. Sustainability metrician Mathis Wackernagel (co-founder of The Global Footprint Network) has theorized that an equitable distribution of planetary capital would mean that our ‘fair share’ would have to be limited in addition to being sustainable. As such, Alex Steffen argues that the essence of sustainability is using the planet’s resource capital to create investments such that the same capital exists for future generations, anything else is unjust. (Steffen, 2006) Ecological democracy is an important means of achieving sustainability and environmental justice. To ensure that the environmental welfare of all individuals, regardless of race, class or gender is accounted for and that it is not done at the expense of planetary capital and the environmental welfare of future generations, decisions must be made that are free from the influence of the economic elite, racial factions, political forces and other special interests. In other words, the decisions to be made about the future of the environment must be done democratically to ensure that all have a say in the control of their local environment. Sustainability begins with environmental justice, which in turn is possible only with ecological democracy. The only alternative to such a form of environmentalism is a continuing perpetuation of inegalitarian systems, where we save the planet not for future generations, not for our fellow men, but for ourselves. REFERENCES Anderson, D. (2007, April 22) Dispatch from Greenfest Chicago: Van Jones on Green Collar Jobs and Our Shared Future, Part 1. Retrieved April 1, 2008 from http://davidanderson. greenoptions. com/2007/04/22/dispatch-from-greenfest-chicago-van-jones-on-green-collar-jobs-and-our-shared-future-part-i/ Global Footprint Network. Glossary. Retrieved April 1, 2008 from http://www. footprintnetwork. org/gfn_sub. php? content=glossary Magilavy, B. (2008) Sustainability Plan. Retrieved April 1, 2008 from http://sustainable-city. org/Plan/Intro/intro. htm Steffen, A. & Rich, S. (2007, May 28) Principle 17: Environmental Justice. Worldchanging. Retrieved April 1, 2008 from http://www. worldchanging. com/archives/006778. html Steffen, A. (Ed. ) (2006) Worldchanging: A User’s Guide for the 21st Century. New York: Abrams, Inc.