My First Spurlock Museum Exhibit

This morning starts as any morning before in my life. The only thing that differs this day from the others is my future visit to a museum exhibition. The Spurlock Museum is known by its collections, documents, exhibitions, and objects that present cultural heritage of Ancient Egypt, Africa, Rome, Greece, East and Southeast Asia, and many other countries.Advertising We will write a custom essay sample on My First Spurlock Museum Exhibit specifically for you for only $16.05 $11/page Learn More The circle in the center of the Spurlock Museum unites several different galleries in both thematic and physical levels. I have a choice to visit any gallery: affable and polite staff is eager to present any information, however, it does not really necessary to give some pieces of advice as all points are perfectly described with the help of the displays. This museum is interesting from several perspectives: properly chosen colors, captivating design, interesting siz es of each room, and sound, the silence allows to feel the atmosphere of the chosen epoch and those times as the visitor may only imagine. For someone, gray and white colors of the first room may be rather depressive and even boring. However, for me, such choice of colors underlines the accuracy and unprejudiced nature of the room, where each visitor can easily pick out the gallery according to his/her personal choice and preferences. East Asian culture and Oceania always attract my attention, and I want to know more about more about their traditions and myths. This is why my first gallery to visit is obvious – East Asia, Southeast Asia, and Oceania. James Clifford once wrote about the exhibition he visited with his son that people can easily â€Å"skip the preliminaries because the next, larger, space draws you in.† (194) People are so inconstant with their preferences and choices, however, their history and the objects of culture may say a lot about people and their past lives. Usually, people try to create lots of traditions in order to follow them and make their lives more or less dependable on something; something that is less comprehensible and even uncontrolled. Mythology of Bali is one of my first stop. I have already read a lot about Balinese mythology: Rangda and Barong are my favorite characters. It is unbelievable pleasant to see these characters so close to me and even to ‘become aquatinted’ with them. Rangda was one of the most powerful Balinese evil witches. She had unbelievable power; her image plays an important role in Balinese culture and attracts the attention of lots of tourists.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Barong is a good character that struggled against Rangda. People of Bali represent barongs as different animals. For each region, there was another animal fighting against the evil of Rangda: a traditio nal lion, a marvelous dragon, a huge tiger, and even a big boar. Because of such inconstancy of images, the Spurlock Museum presents this exhibit with one of the possible and probably the most important masks – the mask of lion. The bright colors of the mask attract my attention first. Unbelievable combination of red and golden colors and the light of the room make this figure rather kind and attractive to the viewer. Such bright colors are certainly inherent to the Balinese and their taste. This barong ket is a gift presented by Professor John Garvey to the Spurlock Museum. The exhibit comes from Bali and participates in numerous festivals. In spite of the fact that the barong ket is a dragon-like figure, the presence of mask perfectly underlines that there was no concrete image of the barong in Ancient Indonesia. The Spurlock Museum perfectly presents the culture of Balinese people: on the one hand, terrible and even terrifying image of evil witch Rangda is displayed with t he help of red colors; on the other hand, the same colors were used to represent Barong. However, the ways these colors are used are rather different, and this is why such two exhibits may cause absolutely different emotions from the viewer. The mask of Rangda is another exhibit that is interesting to me in the Spurlock Museum. This mask has long hair and dark eyes with black pupils and a bit light irises. (Spurlock Museum) One gold ribbon hangs from the mouth, where four gold objects are attached. Rangda is rather a complex figure. Even if this terrible face with red tongue and sparkling eyes should cause fear, this figure is not a symbol of fear neither for the Balinese no for visitors of the Spurlock Museum. It is angry and scared. However, this very figure makes me think about the reasons why it is so. Maybe, this Rangda is a symbol of misunderstanding and fear, but fear not of the people around but because of them. This mask comes to the Spurlock Museum in 2002. It is also one of the gifts of Professor John Garvey to the museum. Such presents provide the visitors with an opportunity to learn more about the history and the traditions of the favorite countries, about people and their tastes.Advertising We will write a custom essay sample on My First Spurlock Museum Exhibit specifically for you for only $16.05 $11/page Learn More With the help of such sculptures, the culture of the Balinese people may alive. People get a wonderful opportunity to imagine the possible development of the events by means of the images and exhibits. People always have the right of choice, and the Spurlock Museum provides its visitors with such choices. My first meeting with the exhibits of the Spurlock Museum is really amazing. I try to use all my imagination to compare and analyze the historical objects, which are left for our and future generations. Museums help us to touch our history once again and comprehend why our world is like this, why peopl e prefer to believe in old traditions instead of creating new ones and taking into account modern circumstances. The presentation of the Spurlock Museum impressed me a lot. Bright colors of each room and their unbelievable combination in one room (the first one) are one of the most interesting approaches chosen by the workers of the Spurlock Museum. It is not that easy to unite different epochs, times, and cultures. The Spurlock Museum does not confuse the visitor but helps him/her make the right choice and enjoy the beauty of the exhibitions. Next time, I want to visit the Spurlock Museum not alone in order to share this beauty and the history of different people with someone else, who will comprehend and enjoy it with me. Clifford says that after he finishes observation all the exhibits in Paradise, he wants â€Å"a more ambivalent Paradise.† (221) Almost the same happens to me, after I watch the figures of my favorite ancient characters, I want more – more exhibits, more facts, and more history about the people of Bali. Works Cited Clifford, James. Paradise. Stygall, G. Thomson Wadsworth, 2005. Spurlock Museum. University of Illinois Board of Trustees. Feb, 2003. 21 April, 2009. https://www.spurlock.illinois.edu/index.htmlAdvertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More This essay on My First Spurlock Museum Exhibit was written and submitted by user Moises Craft to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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Employability and Entrepreneurship Assignment Example | Topics and Well Written Essays - 2250 words

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Methods of Value Engineering

Methods of Value Engineering CHAPTER1: INTRODUCTION In future the proactive and effective manage of cost, contracts, communication and claims – the four Cs- will consistently become more important to developers and facilitators involved in physical structures and properties. The Quantity surveyor should understand the challenges and opportunities presented by the needs of client in relation to cost, contracts, communication and claims and perhaps focus their development on the important links between the functions. Changes and developments in the industry and market will also influence the way in which these functions are managed. For those professionals who deliver these services to the industry, the focus should be on client satisfaction and a positive experience for all concerned. Establishing a link in effectively managing the process to ensure success should be the primary aim of the manager. This should be done in close partnership with all functionaries, engaged in the process. Planning, controlling and co-ordinating budgets and cost plans, as well as communicative results will limit claims and facilitate the process of contract management. The contract should also facilitate partnerships and the system should be aimed at satisfying needs, seeking opportunity and perusing growth. CHAPTER 2: AIMS OBJECTIVES OF THE STUDY The main objective of this paper is to study the subject of value engineering (now know as value management) from QS (ME) perspective. Based on the parameters; cost, contracts, communication and claims the value engineering study is done and the challenges faced by the quantity surveyor is also discussed. The objective of the study can be summarized as follows. To study the subject of value engineering and its methodology. To study the value engineering importance in cost management and the quantity surveyors role. To study how the selection of contracts can add value to the project and the quantity surveyors contribution to that process. To study the quantity surveyors communication strategies to achieve the expected value and clients objectives. To study how the knowledge of quantity surveyor can add value (in terms of money, time and effort) during disputes. CHAPTER 3: VALUE ENGINEERING THEORY METHODOLOGY 3.1: Methodology Value engineering methodology evolved in the 1940s when the transition was made from the search for an alternative to the search for means of fulfilling the functions of an alternative. Shortly afterwards it was observed that function-oriented alterations in working methods often result in improving quality along with eliminating unnecessary cost (Palmer et al., 1996). Since its introduction, the methodology has been well developed to be applied in construction industry, as it enables realization of life cycle cost and cost effectiveness of projects (Omigbodun, 2001). VE in the construction industry is mainly an organized effort to challenge the design and construction plans of projects to provide the required facility at the lowest overall costs, consistent with requirements for performance, reliability and maintainability (DellIsola, 1988). Delays in construction projects may be due to lack of meticulously devised plans (Ghorbani and Shokri, 2005) and consequently budget deficit (M irmoham madsadeghi and Aghdami Thani, 2005). Through all-pervasive utilization of the VE methodology such obstructions may be avoided. This judgement is made on the grounds that VE can improve plans and designs along with thriftiness in budget expenditures. Researches (e.g. Mirmoham madsadeghi and Aghdami Thani, 2005) show that this negligence is often due to limited access to experts and lack of knowledge about the method and its benefits (Table 1). One may realize that these two factors may predispose VE teams towards other obstruction factors (Mirmoham madsadeghi and Aghdami Thani, 2005). This obstacle may be surmounted with recourse to artificial intelligence (AI) models. Case-based reasoning (CBR) from AI may be utilized to enhance efficiency of VE study through outlining a model of the expert knowledge for a VE workshop. The inherent analogical nature of a CBR model would facilitate access to more comprehensive and systematically classified information during a VE workshop. Inasmuch as VE in the construction industry encompasses a cognitive process, such a reasoning method could be indispensable and could affirm promising results. Furthermore, classified background knowledge of the knowledge base may enhance the creativity of the VE study team, and transform their creativity to capability from an instinctive behaviour of mind. 3.2: Value Engineering Theory VE may be defined as a creative, organized approach whose objective is to optimize cost and/or performance of a facility or system (DellIsola, 1988). The focal points of the notion are function analysis and creativity. Through defining functions and classifying them, it spots functions with more potential of increasing value. Thereafter with the creative approach alternative ideas would be recommended to replace original design. An established framework for fulfilling assigned tasks of the methodology has been defined as the VE job plan. The job plan is defined through special phases ranging from five to eight in various versions, all following the same concept (Assaf et al., 2000). A typical version, comprising five phases, is selected in this study (Philips, 2003): (1) Information phase: information acquisition, function analysis and selecting areas with poor value for detailed study. (2) Creative phase: generating ideas as an alternative to meet the requirements of an understudied function. (3) Analytical phase: evaluation of ideas and selecting the best practical ideas. (4) Development phase: developing prominent ideas and selection of the best idea. (5) Presentation phase: recommending a VE change and improvement proposal in a most challenging format. Teamwork is an essential phenomenon in the VE job plan, resulting in crossing organizational lines (DellIsola, 1988). The ideal groups for VE should embrace different disciplines (Phillips, 2003): Design groups comprising project engineers, designers, draftsmen and mainly engineers who are responsible for construction. Operators groups comprising supervisors and construction engineers. Experts in costs groups with e.g. cost evaluators and accountants. Development groups comprising construction experts, commercial and financial experts. Organizer groups such as trouble-shooters or construction managers. CHAPTER 4: MANAGEMENT OF COST 4.1: Aims Goals of cost management The basic goals of cost management and pricing of a project or product relate to the link between price and intrinsic value, affordability in relation to needs or investment, and managing the procurement process. The cost managers should therefore understand that they need to work with clients from the very inception of a project, even earlier and then through out the process to ensure the best results. This does not mean that a cost planner or cost manager is a cost cutter, far from it a cost manager should take responsibility ( with designers, client and other roll players) to ensure the interest of the client, community and environment are served ( Ferry and Brandon, 1991:5). Grover Cleveland (cited in Nel, 1992:43) stated the following about the property investment: No investment on earth is so safe, so sure, so certain to enrich its owner. However, one also has to take best value into account as well as to put available funds to best use. This includes gearing, cost design or design to cost, cost planning, cost control, architecture, location environment etc. Sound investment has proven its value, been a safe guard against ill fortune, produced income, provided security and shown itself to be away of producing wealth( Nel, 1992:43). Utilizing funds to best effect will improve these benefits even further. The cost manager needs to understand that the type of construction required for a building will also influenced the performance of the building over time, including the functional performances of the users environment (mole, cited in Venmore- Rowland, Brandon and Mole, 1991:307). The cost managers should be continuously involved from the design to the co-ordination and auditing, to ensure best cost results, specifically in commercial property, where investment is required to yield the best financial returns. Other areas of cost management that need attention are cash flow, the timing of payments, interest rates and the availability of funds at specific times. These aspects also influence the total financial outlay and eventual returns on a property investment. Kenley (2003:3) stresses the potential value of improved and strategic cash flow to enhance the profitability of the construction industry, with the further potential to offer reduced costs to the client and improved contractor performance. Cash flow forecast and management should therefore be part of the cost managers service to ensure that the developers receive the full benefits of pro-active attention. The cost managers (Quantity Surveyors) involved must go beyond a re- active service. It should also include a service that takes the following aspects of value into account. Physical: a quality building Psychological; a pleasant looking building which is good to live in, places of the soul Real quality: cost effective but with specifications that fit the purpose. Durability: taking life cycle costs and whole life cycle costs into account. Design: design to cost, cost design and appearance. Affordability: budget and returns are important. Timelessness: short term fashions as opposed to design that will withstand the pressures of current whims. The cost manager, while communicating alternatives and options to the designers and the client should remember the role of relative quality, affordability, returns, as well as the latters link to design and specification. 4.2: Quantity Surveying and cost management methods and tools Although cost management may be seen as an obvious and simple process, in reality it is not. All aspects associated with a project have a direct impact on costing and how it is managed (knipe et al., 2002: 257). The quantity surveyor is ideally placed to manage this complex process. If the methods are followed correctly and the tools used effectively, cost management may produce exceptional results. 4.2.1: Cost Design This process is based on design aimed at satisfying the parameters dictated by cost, cost of acquisition, operation and management. The process may also be described as cost design where such design is defined as designing a project in economic terms, taking into account the cost and cost benefits of each element of the project in an effort to balance the interrelationship of all cost elements and the reason for its existence ( Knipe, 2002:276; Verster and Berry 2005:20-40). 4.2.2: Value Management Value management is a systematic approach and process earlier referred to as value engineering, to ensure delivery of a function or product at the lowest cost without detriment to quality, performance or reliability (Ashworth, 2004: 409-421; Green 1992). Value management is a continuous process that should occur throughout the project but is most effective when implemented right from the inception of the project. More over, it should also include the following aspects: Orientation: Understanding the issues Information: Identification of functions, needs, budgets, project constraints and timing. Speculation: The creative development of ideas and alternatives Analysis and evaluation: Elimination and filtering of ideas. Development: Examination in detail Selection: The final proposal Conclusion: Presenting the findings to the client. Value management is one of the effective tools available to quantity surveyors who are in a position to play an important role in ensuring that the client and designers actually consider all value and cost related aspects of construction, design specification and development options. 4.2.3: Cost Planning Cost planning is used to ensure that the developer knows in the early stages of a project what the anticipated final cost of the total development may be, including the cost of land, legal issues, demolitions, buildings, professionals, furniture, connections, tax, financing and management. Building cost is only of the items, but the quantity surveyor should include all costs in the cost plan of the final cost. The cost planner should have a clear understanding of cost and budget targets to enable him to adjust the developer about possible future over-runs and pro- actively to provide alternative solutions (Ferry and Brandon, 1991:9). One of the most effective tools that the quantity surveyor uses to assist with the planning and design process is the elemental cost plan. The theory behind the analysis of building costs per element is that the total cost is a sum of the cost of individual so- called elements such as walls, roofs, foundations, etc ( Morton and Jaggar, 1995:41-43). 4.2.4: Cost Control Linked to auditing, cost control is an activity that is aimed not only at reactive reporting of decision results, but also at accounting for the decisions and visions of the client and advising the client how best to achieve desired outcomes (Knipe et al., 2002:257). Cost control happens through out the deployment process, from the briefing stage to completion. 4.2.5: Cost Checking This process is necessary to ensure that the client is always informed about the actual performance of the building in cost terms in relation to the budget or cost plan. The actual cost of each element or section of the building as the detailed designs are developed is checked against the cost target or cost plan, or specific elements in the cost plan( Seeley, 1983:14). 4.2.6: Cost Analysis Cost analysis supports the quantity surveyors service to the client and can provide the quantity surveyor with useful cost information and data. The forms of cost analysis are identified by Ashworth (2002:69), namely; Identification of major cost items Analysis of the annual user cost of building ownership Identification of those groups of items(elements) of cost importance 4.2.7: Cost benefits analysis The aim of cost benefit analysis is to establish the real benefit of expenditure not only in financial terms, but also in terms of time and energy expended by human resources, and the social benefits (Ferry and Brandon, 1991:12-13). 4.2.8Life cycle costing The life cycle costing also known as cost-in- use describes the modelling techniques aimed at coping with the mixture of capital and running cost of buildings and effect on ownership of a building. The quantity surveyor must be very sensitive to the influence of all cost factors so that the client receives advice that is practical, applicable, timely and effectively 4.2.9: Cost reporting The Quantity surveyor must ensure that continuous, accurate cost information, analysis, cost results and cost influences are reported to the client and design team. 4.3: Conclusion Using the above tools, techniques or methods and implementing them effectively will result in a better product at a better price with lower maintenance cost and an increased return potential over a long period of time. Money is the most limited resource and the challenge is to utilize it optimally. Though the quantity surveyor is ideally positioned continuously to play an active role, he should also be more involved in strategic decisions to empower clients even more. CHAPTER 5: CONTRACTS AND THE QUANTITY SURVEYOR 5.1: Aims and goals of construction contract A contract is a document that spells out the rights and obligations of parties and the administration of this interaction while protecting the parties against the risks that emanate from various relationships, action s and production. Many alternative ways to procure contracts exist, but experience has shown that a partnership approach as opposed to a two -sided procurement method is preferable. The secret of success may be in the organization of rights, obligations and administration, in such a manner that mutual support by the parties and effective professional service to the contracting parties are important factors to be included in the contract. Although the legal systems in countries are very specific to each country, there are important aspects that need to form part of any construction contract in any country ensure harmony, the parties understanding o f duties and the effective administration of obligations: Objectives: Offer acceptance and performance Preparation: Documents Design responsibility Agents Site representation Regulations Works risk Indemnities Insurances Securities, guarantees etc Execution: Preparation Access to the works Access to the works Setting out of the works Assignment Nominated and selected sub contractors Direct contractors Completion: Practical, works and final completion Defects liability periods Sectional completion Revision of dates Penalties Payments: Interim payments to the contractor Adjustments Recoveries Final accounts Cancellation: By the employer or the contractor and the rights related to Default and disaster Disputes: Litigation, arbitration, adjudication and mediation. The above headings taken from an agreement show the general terms that should be included in a construction contract, but one needs to remember that many project- specific variables also need to be included in the agreement. The contract documents, apart from drawings and specification, should also include the following: Preliminaries the management of the contract Trade preambles basic standard specifications Bills of Quantities depending on the method of procurement used, but compiled in accordance with an acceptable and agreed standard. Guarantees. 5.2: Procurement options Although the quantity surveyors service is traditionally linked to the production of bills of quantities, the profession has evolved to play a pro-active role in any procurement alternative and contractor selection process. Once the quantity surveyors service, in relation to pre-contract cost advice , is concluded, the very important next service phase of procurement advice and action should be addressed. Basically, procurement can be divided into two main alternatives, these are: Price-in-advance methods Cost-reimbursement methods Various other procurement methods for diverse needs and reasons are used, such as cost plus, construction management, design and manage, and measured term contract. The primary considerations for contractor selection or procurement, however, are the following: the influence of cost, time and design as well as the clients needs and budgets. For this reason, the quantity surveyor may promote the multi-procurement method to enable the client to control the effects of time and cost, continuing to allow space for sustained design, development, effective professional service and contractor involvement. The method relives on producing procurement documents timely, on a provisional basis, based on provisional design information. This enables the procurement of a main contractor who will manage many other selected or nominated sub -contractors who will be procured during the development of the building, as detailed information becomes available. The secret of this method is that mutual unders tanding and a very close working relationship between all role players must exist. The quantity surveyor performs a very important task in the execution of the project. 5.3: Conclusion The proper selection of an appropriate procurement method and the introduction of effective contract terms that will enable the contracting parties to focus on the work at hand should derive from pro-active, knowledge -based advice to the client, taking all aspects and circumstances of the proposed project into account Contracts, ensuring a partnership approach and imposing order on the rights and the obligation in proper manner, generally cover all risks and ensure effective contributions by the client, contractor and professionals. CHAPTER 6: THE MANAGEMENT OF COMMUNICATION 6.1: The goals of a communication strategy 6.1.1: Contract communication Contract terms should be communicated to parties and people involved so that they have no or little doubt about the meaning of words or terms. For this reason, the following aids are used by courts to interpret contracts: Avoidance of absurdity Upholding the contract or clause as opposed to ineffectual or void interpretations Equitable interpretations The intention s of the parties The recitals are subordinate to the operative part of the contract The grammatical meaning of the words used The contract will be interpreted as a whole in respect of the purpose and scope The technical meaning of words The written contract itself as opposed to verbal explanations It is clearly understood that the contract guides the official communication related to rights, obligations and administration of the contract and by all the parties involved. It is therefore important that the quantity surveyor should understand all issues related to contract communications. 6.1.2: General communication In the information era, however, the strategic resource is information, knowledge and creativity. There is only one way a corporation can gain access to these valuable commodities through people its most important resource (Naisbitt and Aburdene in Puth, 1994: 25) The above quotation illustrates how important it is to work with people, not only informally but also formally by means of contract documents, and in the process communicate well with them. People are the most important resource and thus the most important aspect and source of success. 6.2: Communication using management and leadership methods While contract communication is generally used as a formal and official communication method to ensure that the rights and obligations of parties are protected and enforced, management and leadership communication, as an approach or method, are very important elements in ensuring results. 6.2.1: Management communication Management communication is the number one problem in business today. While technology has advanced in leaps and bounds, managers and academics understanding of the substance of the process. Communication is seen as the life-blood of organizational management; therefore, the manager and professional must have an adequate knowledge of the nature and role of communication although it is difficult to do well or understand the influence of communication (Ewing in Puth, 1994: 3). The effective communicator should have a well-founded understanding of substantive transformation as a basic approach. Management is inherently a problem-solving job ( Whetten and Cameron in Puth, 1974: 109), indicating the importance of communication while obvious criteria for solving problems are expertise, knowledge, skills and experience , using sound management principles to transmit function -and- outcome expectations. 6.2.2: Leadership communication Leadership is based on communication. Leaders communicate not only information, but also attitudes and assumptions (Emshoff and Denlinger in Puth, 1994: 146). Since professionals often find themselves in leadership positions where clients and other parties rely on their expertise and skills, the professional must also be able to communicate and be concerned with: Coping with change Understanding competition and markets Be able to inspire followers Be a good example and influence people to achieve goals Emshoff and Denlinger in Puth (1994: 147) suggest that many corporations today are over-managed and under-led. Professional leadership is needed and should be the concern of all professionals. Autry and Mitchell (1998: 214) suggest that a wise leader should embrace the paradox of: By not forcing, he leadsBy not dominating, he leadsBy not leading, he leads Leadership asks for communication with subordinates, partners, professionals and other functionaries. Leadership is expected of any professional because of his position, knowledge and pro-active service. The lessons to be learned from the above are that communication is not forceful, not dominating, but accommodating. 6.3: Conclusion Colin Bower warns against a specific form of leadership, in his words: Leadership is never a neutral value – far from it, it polarizes and divides he continues the cult of leadership is not more than the most thinly and inept disguised cloak of tyranny. He argues that we do need leaders in battles and expeditions, but because of these times, it should not mean that they are always needed and that leaders fudge issues and paper over cracks by substituting evangelical qualities for good organization, agreed objectives and rational propositions. He concludes with an idealistic picture of competent individuals acting as his or her own leader (Bower, 2005: 2). It remains clear that leadership could be all of the above, but that effective communication and partnerships with individuals may lead to success. CHAPTER 7: MANAGEMENT OF CLAIMS AND DISPUTES 7.1: The goals of claims and dispute resolution The goals o f claim and dispute resolution are firstly to establish the right of any party to submit a claim, and secondly to enable the other party to consider the claim in terms of its validity, contractual terms and possible outcome. Lodging or considering a claim do es not mean that a dispute exists, but should the rejection of a claim occur, a different interpretation of a claim exist, a difference of opinion obtain, one has to note that a dispute may then be lodged. Dispute resolution should then assist the parties in resolving such an impasse in a cost effective, satisfactory and timely manner. 7.2 The methods used to resolve disputes For the purpose of this paper, the methods to be discussed are cancellation, adjudication, mediation and arbitration. 7.2.1 Conciliation In an effort to resolve a dispute, satisfactory results are never guaranteed, not even in a court of law. It is therefore perhaps important to use inexpensive ways and methods to try and resolve a dispute. Results have shown that conciliation does have a remarkable measure of success in regard to solving differences before they can become disputes. The parties decide who the conciliator will be. The conciliator should, however, be a person with good communication skills and knowledge. The objective is to bring the parties together in a forum to investigate their contentions and assist the parties to formulate their own settlement, by indicating the consequences. Improved communication should be ensured through joint and separate meetings. The conciliator may also be requested to formulate an own opinion. In the end, parties are still left with the option to continue with litigation or arbitration. Conciliation, however, has the following foci and advantages: Control the parties control the process Consensus the parties aim at the best commercial solution Continuity the relationship will continue Confidentiality- no harmful public exposure The following diagram illustrates the difference between litigation and all ADR (Alternative Dispute Resolution) processes: The quantity surveyor, with good communication skills is ideally positioned to play an important role in respect of conciliation because disputes usually revolve around payments, valuations, certificates and penalties. 7.2.2: Adjudication Adjudication is an accelerated form of dispute resolution in which a neutral, impartial and independent third party deals with the dispute as an expert and not as an arbitrator, and whose determination is binding unless and until invalidated or overturned b y an arbitration award. The adjudicator shall not give advice to the parties or their representatives concerning any aspect of the Agreement in respect of which he has been appointed other than in accordance with stated Rules[Joint Building Contracts Committee (JBCC) 2005 4.1 Adjudication rules, cl. 1.1, 3.2] The procedure may be as follows: Either party shall submit full details of a dispute arising in terms of the agreement, together with copies of all relevant documents The other party may submit a written response The adjudicator shall: act as an expert and not as an arbitrator adopt the most cost and time -effective procedure The adjudicator may also: convene and conduct a hearing determine the payments and costs of the dispute on the basis of the submitted documents only meet with the parties decide on his own jurisdiction make use of specialist knowledge open up documents related to the dispute refuse admission to any persons other than the parties It is important to note that a n adjudication award is not binding on the parties, but is most definitely a process that will limit the costly processes of arbitration and litigation. Quantity surveyors and cost engineers are ideally positioned to play a very active role in adjudication. 7.2.3: Mediation

The Merchant Of Venice :: Free Merchant of Venice Essays

The Merchant Of Venice Act 1 In the fist act, Antonio is introduced as the Merchant of Venice. A friend of him, Bassanio, desperately needs money because all of his money is on his ships and he wants to go to Belmont to visit the woman of his dreams, Portia. Therefore he goes to Antonio to ask if he is willing to go to Shylock and ask him if he can have 3000 ducats. Antonio agrees and goes to Shylock and explains that he has to pay it back within 3 months. If he doesn't do this, he may cut one pound of his fair flesh... Act 2 In Belmont, the casket bond proceeds: with two already rejected, news comes that Bassanio is at Portia's gate. Meanwhile, Shylock is left bewailing the loss of his ducats and his daughter that has run away with Lorenzo and the treasure. Shylock doesn't like this at all because he really doens't like the Christians and Lorenzo is a Christian Act 3 Jessica is now together with Lorenzo. She is a Jew and he's a Christian. Jessica is embarrassed to be a Jew is planning to change religion for Lorenzo. Shylock is still looking for them and is very mad when he finds out that she has sold a ring, that was given to Shylock by his wife, for a monkey. Meanwhile Bassanio is picking one of the caskets and takes the correct one; the leaden casket. He may now marry Portia. Because Antonio hasn't paid back the 3000 ducats he had lend from Shylock, Shylock may have one pound of his fair flesh. Shylock takes it to court... Act 4 Still in the court of law, Portia and Nerissa have disguised themselves as doctor and clerk. Shylock wants his revenge on the Christians because they treat him like a dog and spit on him. He wants his bond and the one pound of the flesh of Antonio. Portia very smartly knows how to trick him by saying that it doesn't say in the bond that any blood can be spilt and that he has to take exactly one pound of the flesh. No more and no less. Shylock has to give up because he can't deny this. Antonio is safe! Bassanio has given the ring that he had got from Portia to the doctor and Gratiano has given the ring that he had got from Nerissa to the clerk... They had said to their women that they would never give the rings away.

Prozac Nation

Prozac Nation tells the story of Elizabeth Wurtzel’s childhood, her troubled relationship with her father who left her and her mother and refused to accept his responsibilities to his family, her move to Harvard, and her mental decline leading to several stays in hospital and a suicide attempt. Finally, after trying many different psychotherapists, psychiatrists, and medications, she tries Prozac and it helps her rise above her despair. In the Afterword to Prozac Nation, written for the paperback edition in 1995, Wurtzel asks the question that will have occurred to many of her readers.What on earth makes a woman in her mid-twenties, thus far of no particular outstanding accomplishment, have the audacity to write a three-hundred page volume about her own life and nothing more, as if anyone else would actually give a shit? (p. 354) She gives a long answer, the crux of which is: I wanted this book to dare to be completely self-indulgent, unhesitant, and forthright in its telling of what clinical depression feels like: I wanted so very badly to write a book that felt as bad as it feels to feel this bad, to feel depressed.I wanted to be completely true to the experience of depression—to the thing itself, and not to the mitigations of translating it. I wanted to portray myself in the midst of this mental crisis precisely as I was: difficult, demanding, impossible, unsatisfiable, self-centered, self-involved, and above all, self-indulgent. (p. 356) Wurtzel certainly succeeds in her aim to portray herself as capricious and self-preoccupied. Indeed, according to her own description, she seems so impulsive, self-preoccupied, needy in relationships, and manipulative that readers will probably wonder whether depression is indeed Wurtzel’s most basic problem.It’s very tempting to speculate that Wurtzel has just as much claim to a diagnosis of borderline personality disorder as she does to depression. Wurtzel says that her psychiatrists gave her a diagnosis of atypical depression, and DSM-IV-TR tells us that personality disorders may be more common in those with atypical depression. Of course, even if I were a psychiatrist, which I’m not, would be ridiculous to offer a diagnosis based on an autobiography.What is clear, however, is that Wurzel’s goal of telling some general truth about clinical depression is not accomplished. Reading Prozac Nation is a very different experience from reading other memoirs of depression such as Tracy Thompson’s The Beast and Martha Manning’s Undercurrents because Wurtzel manages to provoke such a mixture of conflicting feelings in her reader, while other authors of depression memoirs provoke far more consistent sympathy. By the end of the book, one feels far more sympathy for Wurtzel’s mother and her friends than one does for her.Normally, I count myself as able to identify and empathize with people who suffer from serious mental illnesses, but I have to confe ss that, given the way she describes herself, unless she has changed dramatically, I’d recommend her friends to run a mile rather than put up with her manipulation. Note that one gets a similar impression from Wurtzel’s second memoir, More, Now, Again, (reviewed in Metapsychology April 2002) in which she becomes addicted to Ritalin and cocaine, and spends most of her time lying and hiding her addiction from her friends, mother and publisher.In Prozac Nation, Wurtzel several times suggests that she was addicted to depression and makes clear that her self-defeating behavior was often willful. What makes it so hard to sympathize with her is that that her problem seems to be her personality, rather than some affliction she has to overcome. To be more precise, Wutzel describes herself sometimes as the agent of her predicament, and other times as the victim of it, and it’s unclear for the reader what reasons there are for these switches.She manipulates people close to her: for instance, she tells calls her therapist at all times of the day and night, and then tells her therapist that if she does not listen to her problems, her (Wurtzel’s) blood will be on her (the therapist’s) hands. Sometimes even her crying seems like a deliberate action. But at other times she feels immobile, and can’t get out of bed. Consider, for example, how she feels after her brief romance with a man called Rafe, uring which she was miserable, clingy, and insecure, and she explicitly ignored his request that he spend time away from her, since he needed to be with his family, who had their own needs. I couldn’t move after Rafe left me. Really. I was stuck to my bed like a piece of chewing gum at the bottom of somebody’s shoe, branded with the underside, adhering to someone who didn’t want me, who kept stamping on me but still I wouldn’t move away. (250) Wurtzel’s alternating acceptance and denial of her agency bemuse s the reader, and ultimately makes Wurtzel a less credible witness to her own mental states.Far from knowing exactly how it was for Wurtzel, even though it is clear that she was desperately unhappy for most of the time, readers will be confused and exhausted by her narrative. Far from undermining the work, these features are what make Prozac Nation so distinctive, standing out among other memoirs. It is a tour de force, and a powerful evocation of Wurtzel’s experience, although it’s not so clear whether that experience is depression, borderline personality disorder, or some other mental disorder.

What is Automobility?

Automobility is a concept based on two fundamental ideas.   Autonomy is the self-directing or self-governing freedom of an individual.   Mobility is the movement or travel of an individual.Therefore, automobility is the independent, self-governing movement of an individual.   The concept sounds valid and many people would believe it to be so, however, after a more detailed look automobility may not be as mobile or self-regulating as first thought.Automobility has several factions that claim to define this system of automobility (3).   First is the socio-technical facet that defines automobility as the organization of modern concepts.   The political definition is the regulation and practices of movement.Others see it as the legitimization of the differences between man and machine, and man's dominance over the machine (3).   The one concept that is equivalent in all these definitions is the fact that automobility is a patterned system that creates a cohesive understanding of both autonomy and mobility (4).Upon a closer look, it becomes obvious that this system is really a regime based on truth, power, and subjectivity (8). To understand automobility in these terms, we must define the concept of mobility.   Universally it would be considered an automobile, but other modes of travel are available, such as bicycling, public transportation and taxis, and travelling by telephone and internet.These are all modes of travel, and are all self-regulated by the individual, thus giving them all the title of automobility, however, the car is the most often associated with this concept (6).Truth in this regime of automobility is the concept of driving the car (6).   Power is the brute for of the vehicle, such as trucks and sport utility vehicles which over power most other vehicle and modes of transportation (7). Another part of power are the governmental regulations and rules that accompany the driving of a vehicle, which has created a large amount of govern mental bodies to help keep the driver moving within the laws of automobility (7).While automobility is based in an individual’s freedom of movement, it also causes more regulations to be put on the individual and thus is the power of automobility (7). Subjectivity is the last part of the regime.The subjectivity can be a form of hierarchy or of self-monitoring.   Either way, the ideas of one group or class get put on others.   For example, cyclists are not considered when planning for roads and highways, thus those that drive cars, trucks, and such are putting their views and using their power.Social stigmatisms can also be place in this part, because the subjectivity of a person who views people taking public transportation as failures can lead to incorrect assumptions (8). In any case the three facets of the regime create the concept of automobility (8).There are four problems associated with automobility that affect the world at large.   First problem is the congestio n created with the number of cars and vehicles on the road and the planning of those roads being inadequate (9).The second is the ecological and environmental effects of automobility (9).   Third is the geopolitical factor that causes governments to spend money to find, store, and process the oil needed for the vehicles as well as the possibility of war to ensure the oil supply keeps coming.   The last problem is the deaths and accidents that occur, but are considered a normal part of automobility (10).The fact of the matter is that the concept automobility is virtually and completely impossible, since the concept itself requires external forces to allow it to be used.   For example, roads need to be created and maintained, licensure and driver education to ensure the regulations of the roads are followed, and even walking require sidewalks (11-12).Therefore, automobility is neither mobile nor individually self-regulated.   In fact the governmental bodies created by this con cept are now changing the rules and trying to alleviate or eliminate some of the problems associated with automobility (13 – 14).   In any case, changes are coming and the fragility of automobility has become more obvious, and yet the concept continues.

What Are Human Rights

What Are Human Rights One of the most peculiar aspects of a post-industrial living is that, as of today, just about every socially prominent politician in the West considers itself an ‘expert on human rights’ and refers the concept of human rights, as such that represents an objective truth-value.Advertising We will write a custom essay sample on What Are Human Rights? specifically for you for only $16.05 $11/page Learn More Partially, this can be explained by the fact that the classical definitions of human rights suggest the concept’s perceptual and implicational universality, which in turn implies that one’s endowment with a particular ‘human right’ should not be substantiated rationally, but rather ‘felt’ emotionally. As Cranston (1973, p. 36) pointed out, â€Å"A human right by definition is a universal moral right†¦ something of which no one may be deprived without a grave affront to justice, something which is owin g to every human being simply because he is human†. In fact, the belief that all humans are equally entitled to certain rights, within the society, served as a discursive foundation for the introduction of the 1948 Universal Declaration of Human Rights (UDHR) by the U.N., according to which, â€Å"All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood† (UDHR 1948, Article 1). Nevertheless, even though that nowadays the concept of ‘human rights’ is being commonly discussed, as such that applies to all people, regardless of what happened to be the specifics of their ethno-cultural affiliation and their varying ability to act as the agents of progress, this is far from being the actual case. After all, it is not only that throughout the course of history, the concept of human rights has been referred to, as such that applies to only certain groups of individuals, but that the objective socio-political realities create dialectical prerequisites for this concept to be used by Western countries to justify their continual geopolitical domination in the world.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More This is exactly the reason why, as of today, we usually get to hear of people’s ‘human rights’ being abused, within the context of how Western countries (particularly the U.S.) go about rationalizing their decisions to resort to a military intervention, as the mean of ‘defending democracy’ in the de facto sovereign states. Therefore, there is nothing too surprising about the fact that, even though that the universality of people’s ‘human rights’ has been officially declared by the international community members, as far back as in 1948, there is very little uniformity to ho w this concept is being applied in practice. The reason for this is apparent – whereas, there is indeed a good rationale in thinking that the idea of ‘human rights’ does appeal to people on an unconscious level, not all of these people can be regarded humans, in the societal sense of this word. Let us explore the validity of this statement at length. When it comes to elaborating on what should be considered a discursively legitimate definition of ‘human rights’, it is important to understand that the concept in question cannot be referred to in terms of a ‘thing in itself’. That is, at first people evolved to the point of being able to recognize their basic humanity, and only then they realized themselves being in a position to coin the term ‘human rights’. What does make one human? It is the same that allowed the representatives of Homo Sapiens species to attain an undisputed dominance in their environmental niche, which no w accounts for the whole planet Earth – their ability to operate with highly abstract subject matters (intellect). Being endowed with intellect, people are able to act as the agents of civilization/progress, which in turn allows them to create societies and to ensure these societies’ effective functioning. Thus, in order for just about anyone to be considered eligible of taking a practical advantage of ‘human rights, he or she must be able to prove its humanness socially.Advertising We will write a custom essay sample on What Are Human Rights? specifically for you for only $16.05 $11/page Learn More In its turn, this would require the concerned individual to attest his or her endowment with, â€Å"1. Capacity to reason; 2. capacity to act for normative reasons, including moral reasons; 3. capacity to act autonomously; 4. capacity to engage in complex social relationships† (Bernat 2008, p. 8). In other words, it is specifically the individuals capable of pushing forward a socio-cultural progress, which may be considered human, in the full sense of this word. Hence, the first discursive provision to how I think the concept of ‘human rights’ should be defined – the notion of a ‘right’ derives out of the notion of a ‘power’, rather out of the notion of a ‘morality/ethics’. This is why it is wrong to believe that one can simply be assigned with certain rights, without qualifying to possess these rights, in the first place. Rights are not given but taken (Pagden 2003). This is the reason why it is methodologically fallacious to assume that animals or unborn human fetuses can have ‘rights’ – it is not only the above-mentioned may have no understanding, as to what the concept of a ‘right’ stands for, but they would never be able to defend any of their hypothetical ‘rights’, even in theory. The second provision is that the notion of a ‘right’ must be discussed in conjunction with the notion of an intellectual advancement. After all, it is specifically people’s ability to indulge in abstract philosophizing, which allowed them to coin up the term ‘humanity’, in the first place. This once again suggests that it is conceptually inappropriate advocating the universality of human rights, without taking into consideration the qualitative psychological characteristics of those individuals, to which the concept of ‘human rights’ supposedly applies. The third provision is that, contrary to what nowadays is being commonly assumed, the earlier mentioned concept (in its contemporary sounding) did not come about because of the humanity’s ways having been turned thoroughly ethical/moral.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Rather, it emerged because the concept’s advocates, which overwhelmingly consist of Westerners (Whites), came to realize that, on order for them to be able to continue exploiting the world’s natural and human resources, they need to have a legally legitimate excuse to meddle in the internal affairs of non-Western countries. In other words, the objective laws of history naturally predetermined the concept of ‘human rights’ to serve realist rather than constructivist purposes. What has been said earlier allows us to formulate a discursively sound definition of human rights. Human rights are the legally enforced civil liberties, to which the members of most evolutionary advanced societies happened to be entitled by the very fact that, due to their socio-economic and technological advancement, they can enjoy the luxury of not having to participate in the tribal ‘war of everybody against everybody’, as the mean of ensuring their physical survival. This definition, of course, implies that there is indeed a good reason in limiting the ‘universality’ of humans rights to encompass only those, which due to the genetically predetermined specifics of their ‘mental wiring’, are able to comprehend the concept, in general, and its discursive implications, in particular. Qualifying people for the entitlement to human rights will not represent much of a challenge. Since one’s ability to function as the society’s productive member (and consequently, the extent of his or her ‘humanness’) reflects the concerned person’s rate of IQ, it will be logical to assume that it is only the individuals with the IQ rate higher than 70, to which the concept of ‘human rights’ applies. Given the fact that, as sociologists are being well aware of, in some world’s countries the average rate of citizens’ IQ is measured to be as low as 50 (Lynn Vanhanen 2002), people that reside in these countries cannot be considered the de facto part of humanity. Consequently, the concept of ‘human rights’ cannot apply to these people, by definition. Even though that the earlier suggestion may be deemed ‘racist’, it nevertheless correlates perfectly well with the actual state of affairs in the arena of international politics. For example, during the course of the 1994 Rwandan genocide, which resulted in the deaths of at least one million people, Western countries adopted a ‘neutral’ stance the violation of Rwandans’ ‘human rights’ did not concern these countries at all. Had Rwanda been rich in natural resources, this would have been an entirely different matter (Kimpimaki 2011). Thus, it would only be appropriate to conclude this paper by reinstating once again that the presumed ‘universality’ of human rights is nothing but a myth, just as it is being the case with the theoretical paradigm, ou t of which this myth originated – the assumption of people’s universal equality. This is the reason why, if not adjusted to the earlier mentioned provisions, the concept of ‘human rights’ will continue to emanate a strong spirit of hypocrisy. References Bernat, E 2008, ‘Which Beings Should Be Entitled to Human Rights?’, Medical Law International, vol. 9 no. 1, pp. 1-12. Cranston, M 1973, What are human rights?, Bodley Head, London. Kimpimaki, M 2011, ‘Genocide in Rwanda is it really Finlands concern?’, International Criminal Law Review, vol. 11 no. 1, pp. 155-176. Lynn, R Vanhanen, T 2002, IQ and the wealth of nations. Westport, Greenwood Publishing Group. Pagden, A 2003, ‘Human rights, natural rights, and Europes imperial legacy’, Political Theory, vol. 31 no. 2, pp. 171-199. The Universal Declaration of Human Rights 1948, https://www.un.org/en/universal-declaration-human-rights/index.html

Putting Physical Activity Where It Fits in the School Day Essay

Putting Physical Activity Where It Fits in the School Day - Essay Example The intervention that was applied was the ABC (Activity Bursts in the Classroom) for Fitness, which was reported to incorporate brief bursts of activity in the classroom setting throughout the day at the discretion of the teacher. The results indicated that the proposed intervention, the ABC for Fitness Program, was effective in improving academic performance, physical fitness, reduce medication use, and even preserve teaching time. As disclosed, there were limitations in terms of the population not being an effective representative of the cross-section of the children; the use of a relatively small sample size; and virtually limited intervention and follow-up periods. Overall, the study provided relevant insights on the feasibility of classroom-based fitness program without impairment of academic instruction. The reporter found the study beneficial and useful to various academicians and health practitioners in terms of promoting health through the identified ABC for Fitness Program. Its applicability is relatively easy and would not hamper any existing instructional methods or the need to use special resources. As disclosed, the 30 minutes recommended daily physical activity could significantly improve identified crucial variables such as academic performance, physical fitness, and even the use of medications for ADHD and asthma. This study proves that through innovative techniques and with the assistance of dedicated and committed educators, the goals for health promotion programs (HPPP) could be achieved.  

Case Study for Kemps LLC Example | Topics and Well Written Essays - 250 words

For Kemps LLC - Case Study Example This discourse ignites a debate on whether to implement the ABC system wholly or to also include the decisions of the managerial body in the implementation. After a thorough analysis they conclude that the ABC system cannot work alone without additional input of the managers. In turn, this demonstrates a deep consideration for automated systems as well as decisions that affect the employee task force and the consumer profitability in the provision of services and products. It is vital for Kemps to note that the ABC system is not fully dependable on its own capabilities, but rather it needs influential decision makers to support its functionality (Colin 244). In addition, Kemp may impose a rule to guide on the areas the ABC system is applicable so as to steer clear of contingencies that lead to aggravated internal disputes. Settling this discord and ensuring the airing of all opinions of the managers ensures a steady customer retaining as well cut down costs. Therefore, the basis of the argument advice is determining the possible threats to the business as well as potential opportunities in the implementation of the ABC system. That is the only surety of success within the