Wednesday, January 29, 2020

Economic Trends in Human Service Field Essay Example for Free

Economic Trends in Human Service Field Essay The interaction with their peers, and the ffcompliance with role models with authority (teachers) impacts their social development during middle age school years, as well as for teachers to Considered the â€Å"third parent. † Good teachers mentor children to become productive members of society and motivate to become life-long learners. achievers. while they shape the child’s mental concept of the world. Institutions, such as elementary schools, are the place for children to share and exchange their ideas with their peers. Psychosocial development in middle childhood contributes to the child’s â€Å"School-age children spend more time away from home visiting and socializing with peers than hen they were younger. They also spend more time at school and on studies and less time at family meals than children did a generation ago. Still, home and the people who live there remain an important part of most children’s lives† (Papalia, Feldman, Martorell, 2012, p. 326). SCHOOL COUNSELOR: When a child must see a school counselor, it maybe from a decline in the child’s academic performance. Teachers coordinate plans with a school counselor so that they may keep track of academic progress, as information is addressed to the parents. However, if the child shows no improvement in all subject areas, the source of the problem must be found elsewhere. CHILD PROTECTIVE SERVICES: Child protective services (CPS) must be involved when teachers are suspicious of child abuse and child sexual abuse. Teachers collaborate with CPS for the safety and protection of the child. Because teachers spend 30 hours a week with a child, teachers are able to provide valuable information of suspicious abuse. It is within the best interests that the child will not face danger or harm when the child is at home. As part of an ethical code that teachers must comply to, it is also their obligation as mandated reporters of the law. BEHAVIORALIST: Teachers may witness a child with irradict behavior, so for this reason, they are prompt to involve a behavioralist. A child might act in a hostile mannor, and may even show lack of motivation to learning. . For a child that suffers from some mental impairment a behavioralist may reveal the underlining cause of the child’s maladaptive behavior as a therapeutic approach. to sometimes it is from a mental disorder. For a child that suffers from some mental impairment a behavioralist may reveal the underlining cause of the child’s maladaptive behavior, behavioralist are involved for a few reasons.

Tuesday, January 21, 2020

Aristotle :: essays research papers

To the modern reader, Aristotle's views on astronomy, as presented in Metaphysics, Physics, De Caelo (On the Heavens) and Simplicius' Commentary, will most likely seem very bizarre, as they are based more on a priori philosophical speculation than empirical observation. Although Aristotle acknowledged the importance of "scientific" astronomy - the study of the positions, distances and motions of the stars - he nevertheless treated astronomy in the abstract, linking it to his overall philosophical world picture. As a result, the modern distinction between physics and metaphysics is not present in Aristotle, and in order to fully appreciate him we must try to abandon this pre-conception. Aristotle argued that the universe is spherical and finite. Spherical, because that is the most perfect shape; finite, because it has a center, viz. the center of the earth, and a body with a center cannot be infinite. He believed that the earth, too, is a sphere. It is relatively small compa red to the stars, and in contrast to the celestial bodies, always at rest. For one of his proofs of this latter point, he referred to an empirically testable fact: if the earth were in motion, an observer on it would see the fixed stars as moving, just as he now observes the planets as moving, that is from a stationary earth. However, since this is not the case, the earth must be at rest. To prove that the earth is a sphere, he produced the argument that all earthly substances move towards the center, and thus would eventually have to form a sphere. He also used evidence based on observation. If the earth were not spherical, lunar eclipses would not show segments with a curved outline. Furthermore, when one travels northward or southward, one does not see the same stars at night, nor do they occupy the same positions in the sky. (De Caelo, Book II, chapter 14) That the celestial bodies must also be spherical in shape, can be determined by observation. In the case of the stars, Arist otle argued that they would have to be spherical, as this shape, which is the most perfect, allows them to retain their positions. (De Caelo, Book II, chapter 11) By Aristotle's time, Empedocles' view that there are four basic elements - earth, air, fire and water - had been generally accepted. Aristotle, however, in addition to this, postulated a fifth element called aether, which he believed to be the main constituent of the celestial bodies.

Monday, January 13, 2020

What can David do about his position in relation to the other partners?

Introduction In considering what rights David has in respect of the other partners, it will first need to be determined whether a partnership has actually been created. For a partnership to be created two or more persons must conduct business with a view to profit. Partnerships are defined under s. 1(1) Partnership Act (PA) 1890 as a â€Å"relation subsisting between persons carrying on business in common with a view of profit†. Since David, Clive and Jane have all started a business in advertising with a view to profit; it is evident that a partnership has been created. As a partnership agreement has not been created by the partners, the partnership will be governed by the PA 1890. David will thus be able to rely on the PA 1890 in order to establish his rights and duties. It is contained within s. 19 PA 1890 that â€Å"the mutual rights and duties of partners whether ascertained by agreement or defined by this Act may be varied by the consent of all of the partners, and such consent may be either express or inferred from a course of dealing†.[1] Therefore, the rights and duties of David will have been capable of being varied with the mutual consent of all the partners. As the partners do not have a partnership agreement in place, it is clear that they have not varied the terms of their rights and duties that are contained under the Act. Given that a partnership is based upon the mutual trust of all the partners, they each owe a duty of good faith. This has been exemplified in the case of Const v Harris[2] when it was held by Lord Eldon that; â€Å"in all partnerships, whether it is expressed in the deed or not, the partners are bound to be true and faithful to each other†. Therefore, each partner must be required to act in the interests of the partnership as a whole and not in the interests of themselves. As Jane is a director of a company that runs corporate events, called Eventbright Ltd, which has been regularly used by the partners, it is questionable whether Jane is acting in the interests of the partnership. This is because Jane may only be using Eventbright Ltd in order to increase profits in her own company. This can be seen in Trimble v Goldberg[3] where it was made clear that all partners must act in good faith for the benefit of the partnership. There are three requirements that must be fulfilled by the partners when acting in good faith of the partnership. These are; 1) the duty to disclose information, 2) the duty to account for benefits received, and 3) the duty in respect of competing business.[4] Whether the latter two duties are being fulfilled by Jane is debatable. This is because Jane may be benefiting from using her company to which she is a director in order to gain profits (s. 29 PA 1890) and her company may be considered a competing business (s. 30 PA 1890). If this is the case, Jane will be required to disclose this information to the other partners and must account for and pay over to the firm all profits made by her. In respect of the restrictions Jane and Clive want to impose upon David’s work, it is likely that David will be able to assert his rights contained under s. 24 PA 1890. Here, it provided that; every partner may take part in the business (24(5)) and that decisions are to be taken by a majority but unanimity is required to change the nature of the business (24(8)). David may therefore take part in the business, yet because Jane and Clive have suggested he take a more administrative role, it is arguable whether this will be sufficient. This is because Clive and Jane will be capable of making a majority decision as to how the business is being run, although they cannot change the nature o f the business without David’s consent. In effect, David may not be able to oppose the decision that is being made by Clive and Jane as they will be able to take a majority vote as to how they think the business should be run. And, if they feel that it is in the best interests of the business, then David may not have any right to argue against this unless they acted in bad faith or attempted to change the nature of the business. If David is not happy with the new arrangements, he may be capable of bringing the partnership to an end. This can be done by giving notice to the other partners (s. 26 and 32 PA 1890). If David decides to bring the partnership to an end, any partner will have the right to publicly notify the dissolution (s. 37 PA 1890). After the partnership has been dissolved, each partner will be entitled to have the partnership property applied so that the debts and liabilities can be discharged. Once this has been done, any surplus will be distributed equally between the partners. Because not all property is partnership property, a distinction will have to be made between personal and partnership property as personal property will not be able to help meet partnership debts (s. 20 PA 1890). Overall, it seems as though David may not be able to oppose the decision of Clive and Jane to restrict his work to more clerical and administrative matters. If David is not happy with this decision he may be able to bring the partnership to an end by giving notice to the partners. Once this has been done, the partnership property will be distributed equally between all three partners. What is the partnership propertyWhy does it matter? The amount of money and property the partners have contributed to the partnership to use in the enterprise is known as partnership capital.[5] This represents the partner’s equity in the partnership and has noted in Reed v Young[6]; â€Å"The capital of a partnership is the aggregate of the contributions made by the partners. It is important to distinguish between the capital of a partnership, a fixed sum, on the one hand and its assets, which may vary from day to day and include everything belonging to the firm having any money value, on the other.† Partnership capital is thereby distinguished from partnership property which is the property that has been acquired by the partnership. This includes a transfer of property to; a) the partnership in its name, b) one of the partners in their capacity as partnership, or c) one of the partners indicating their capacity as a partner.[7] It is vital that partners indicate their intent as to whether the property is to be consider ed capital or property as this will determine who is entitled to the property once the partnership is dissolved. If the property is partnership capital, then the individuals will be entitled to take their share of the property.[8] If the property is partnership property, then the property will be distributed equally between the partners. As pointed out by Lord Andrews LCJ in McClelland v Hyde[9]; â€Å"the capital of a partnership is something different from its property or its assets†. 20(1) PA 1890 states that partnership property includes â€Å"property originally brought into the partnership stock or acquired for the purposes and in the course of the partnership business†. It is important for partners to specify what property belongs to whom in order to avoid any undesirable consequences. The original owners of the property may not be entitled to recover the property in the event that the partnership comes to an end.[10] On the insolvency or bankruptcy of a partnership, there are two sets of creditors; joint and separate. The partnerships assets are referred to as the â€Å"joint estate† in the Insolvency Act 1986 (as amended by the Insolvent Partnerships Order 1994 (SI 1994 2421)) and are used in the first instance to pay the partnerships creditors. If an asset increases in value, the increase will belong to the firm if the asset is partnership property. If the asset is owned by the individual partner, then the increase will belong to the individu al.[11] As a partnership does not have its own separate legal entity, partnerships cannot own property in its own name. Instead, partnership property will be held in the names of the individual partners who will be deemed to be holding the property in their names as agents for the purposes of, and as trustees for, the partnership as shown in Burdick v Garrick[12] where property held on trust for the partners was considered partnership property. There is also a presumption, unless expressly stated otherwise, that partnership property is held by partners as tenants’ in common and not as joint tenants (except for land; s. 39(4) Law of Property Act 1925). This was evidenced in Bathhurst v Scarborough[14] when it was noted that the general rule is that property bought with partnership money belongs to the partnership and will be held by the partners as tenants in common. The accounts of the partnership will usually make it clear which assets are to be considered partnership property and which assets are merely individual property that is to be used by the partnership as in Barton v Morris[15] where it was clear from the partnership’s accounts which assets were to be treated as partnership and individual property. In the instant scenario it would appear as though the office equipment and stationary is partnership property, whilst the rest of the partner’s assets are personal property. However, because there i s no partnership agreement in place that specifies which separates the assets between ‘partnership property’ and ‘partnership capital’ it seems as though s. 20(1) PA 1890 will apply. This means that all of the property that has been brought into the partnership stock will also be called partnership property. This has been recognised by Deards who stated that; â€Å"property brought into the partnership stock will cover property brought in as capital by a partner†.[16] Nevertheless, because s.21 of PA 1890 provides that property brought with the partnership’s money is presumed to have been brought for the partnership, any property that is itemised in the partnerships accounts will be deemed partnership property. This suggests that if the property is not itemised in the partnerships accounts and is merely being used by the partnership, then in the absence of any agreement by the partners, the use of any property by the partners will not be regar ded as partnership property.[17] Consequently, if any of the assets are not itemised in the partnerships accounts it cannot be said that they will be classed as partnership property. In Waterer v Waterer[18], however, the use of land was considered partnership property because of the nature of the partnership. In effect, unless David’s assets are itemised in the partnerships accounts, they will not be considered partnership property. The premises by which the company operates will most likely be considered partnership property in light of the Waterer v Waterer[19] case, whilst the use of Eventbright Ltd will not be. Any assets that are considered partnership property will be shared equally between the partners. Bibliography Books E Deards., Practice Notes on Partnership Law, (Cavendish Publishing, Business & Economics, 1999). E MacIntyre., Business Law, (Essex: Pearson, 6th Edition, 2012). R Mann., Essentials of Business Law and the Legal Environment, (London: Cengage Learning, Business & Economics, 2009). Journals K Killington., ‘Partnerships – All Are Equal?’ (2008) Tax Journal, Issue 916, 14-16. P Beasang., ‘Partnerships: Legal Issues’ (2008) Tax Journal, Issue 916, 13-14. T M Lewin., ‘What is Partnership Property?’ (2011) [25 July, 2014]. Legislation Partnership Act 1890 Case Law Barton v Morris [1985] 1 WLR 1257 Bathhurst v Scarborough [2004] EWCA Civ 411 Brown v Inland Revenue Commissioners [1965] AC 244 Burdick v Garrick (1869-1870) LR 5 Ch App 233 Const v Harris (1924) Turn & R 496 McClelland v Hyde [1997] 3 All ER 800, CA Reed v Young [1984] STC 38, 57-58 Trimble v Goldberg [1906] AC 494, PC Waterer v Waterer (1872-73) 15 LR Eq 402

Sunday, January 5, 2020

Vindolanda Tablets Letters Home from Hadrians Wall

The Vindolanda tablets (also known as Vindolanda Letters) are thin pieces of wood about the size of a modern postcard, which were used as writing paper for the Roman soldiers garrisoned at the fort of Vindolanda between AD 85 and 130. Such tablets have been found at other Roman sites, including nearby Carlisle, but not in as much abundance. In Latin texts, such as those of Pliny the Elder, these kinds of tablets are referred to as leaf tablets or sectiles or laminae — Pliny used them to keep notes for his Natural History, written in the first century AD. The tablets are thin slivers (.5 centimeters to 3 millimeters thick) of imported spruce or larch, which for the most part measure about 10 by 15 centimers (around 4 by 6 inches). The surface of the wood was smoothed and treated so it could be used for writing. Often the tablets were scored in the center so that they could be folded and tied together for security purposes — to keep couriers from reading the contents. Longer documents were created by tying several leaves together. Writing the Vindolanda Letters The writers of the Vindolanda documents include soldiers, officers and their wives and families who were garrisoned at Vindolanda, as well as merchants and slaves and correspondents at many different cities and forts throughout the vast Roman empire, including Rome, Antioch, Athens, Carlisle, and London. The writers wrote exclusively in Latin on the tablets, although the texts mostly lack punctuation or proper spelling; there is even some Latin shorthand which has yet to be deciphered. Some of the texts are rough drafts of letters that were later sent; others are mail received by the soldiers from their families and friends elsewhere. Some of the tablets have doodles and drawings on them. The tablets were written on with pen and ink — over 200 pens have been recovered at Vindolanda. The most common pen nib was made of a good quality iron by a blacksmith, who sometimes embellished them with chevrons or bronze leaf or inlay, depending on the customer. The nib was typically attached to a wood holder that held a well of ink made of a mixture of carbon and gum arabic. What Did the Romans Write? Topics covered on the tablets include letters to friends and families (a friend sent me 50 oysters from Cordonovi, Im sending you half and So that you may know that I am in good health... you most irreligious fellow who hasnt even sent me a single letter); applications for leave (I ask you, Lord Cerialis, that you hold me worthy for you to grant me leave); official correspondence; strength reports listing the number of men present, absent or ill; inventories; supply orders; travel expense account details (2 wagon axles, 3.5 denarii; wine-lees, 0.25 denarii); and recipes. One plaintive plea to the Roman emperor Hadrian himself reads: As befits an honest man I implore Your Majesty not to allow me, an innocent man, to have been beaten with rods... Chances are this was never sent. Added to this are quotations from famous pieces: a quote from Virgils Aeneid is written in what some, but not all scholars interpret as a childs hand. Finding the Tablets The recovery of over 1300 tablets at Vindolanda (to date; tablets are still being found in the ongoing excavations run by the Vindolanda Trust) is the result of serendipity: a combination of the way the fort was constructed and the geographic location of the fort. Vindolanda was built at the place where two streams conjoin to create the Chinley Burn, which ends up in the South Tyne river. As such, the forts occupants struggled with wet conditions for most of the four centuries or so that the Romans lived here. Because of that, the floors of the fort were carpeted with a thickish (5-30 cm) combination of mosses, bracken, and straw. Into this thick, smelly carpet were lost a number of items, including discarded shoes, textile fragments, animal bone, metal fragments and pieces of leather: and a large number of Vindolanda tablets. In addition, many tablets were discovered in filled-in ditches  and preserved by the wet, mucky, anaerobic conditions of the environment. Reading the Tablets The ink on many of the tablets is not visible, or not readily visible with the naked eye. Infrared photography has been used successfully to capture images of the written word. More interestingly, the fragments of information from the tablets have been combined with other data known about Roman garrisons. For example, Tablet 183 lists an order for iron ore and objects including their prices, which Bray (2010) has used to learn about what the cost of iron was relative to other commodities, and from that identify the difficulty and utility of iron out on the edges of the far-flung Roman empire. Resources and Further Reading Images,  texts,  and translations of some of the Vindolanda Tablets can be found at the  Vindolanda Tablets Online. Many of the tablets themselves are at stored at the  British  Museum and  visiting the  Vindolanda Trust  website is well worth it as well. Birley A. 2002.  Garrison Life at Vindolanda: A Band of Brothers.  Stroud, Gloucestershire, UK: Tempus Publishing. 192 p.Birley AR. 2010.  The nature and significance of extramural settlement at Vindolanda and other selected sites on the Northern Frontier of Roman Britain.  Unpublished  PhD  Thesis, School of archaeology and Ancient History, University of Leicester. 412 p.Birley R. 1977.  Vindolanda: A Roman frontier post on Hadrians Wall. London: Thames and Hudson, Ltd. 184 p.Bowman AK. 2003 (1994).  Life and Letters on the Roman  Fronteir: Vindolanda and its People.  London: British Museum Press. 179 p.Bowman AK, Thomas JD, and Tomlin RSO. 2010. The Vindolanda Writing-Tablets (Tabulae Vindolandenses IV, Part 1).  Britannia  41:187-224. doi: 10.1017/S0068113X10000176Bray L. 2010. Horrible, Speculative, Nasty, Dangerous: Assessing the Value of Roman Iron.  Britannia  41:175-185. doi:10.1017/S0068113X10000061Carillo E, Rodriguez-Echavarria K, and Arnold D. 2007. Displaying Intangible Heritage Using ICT. Roman Everyday Life on the Frontier: Vindolanda. In: Arnold D, Niccolucci F, and Chalmers A, editors.  8th International Symposium on Virtual Reality,  Archaeology  and Cultural Heritage  VAST