Thursday, October 31, 2019
Law of Criminal Evidence Case Study Example | Topics and Well Written Essays - 1000 words
Law of Criminal Evidence - Case Study Example This includes any informal chat with police officers and contradictory to popular belief, right to silence has not been abolished.7 In recent years it has been endangered so that a magistrate can draw adverse inference from the silence. Adrian, taken to Police Station on the suspicion of murdering wife Sandra, had informed his solicitor that he had been drinking heavily. According to solicitor's advice, Adrian keeps silent during interrogation. During trial, he testifies that he kept silent on solicitor's instructions as he was under influence of alcohol and could have accused himself8. Again his testimony that he killed Sandra under provocation of her having an affair creates a controversy. If he was going to testify so, in what way he could have accused himself more than that One wonders at the necessity of remaining silent during interrogation. No doubt it provided him time to frame his evidence; but his confession to crime contradicts the relief provided by being silent9 and it is not his role to assist the police to build up a case against him and it is always better to say nothing if in doubt and it does not prove Adrian's guilt. Right exists to avoid self-incrimination and it extends from the moment free movement is terminated either by arrest or by being in police station, till the end of trial. It cannot be said that is very practical in Adrian's case10 although the background of the case is very important and throw further light. "Whether advice to remain silent is the result of a case specific evaluation or whether it is a strategy applied to classes of case or classes of suspect, or whether it is a general strategy applied by certain types of staff utilised for police station advice by some firm of solicitors11" Terrorism laws have undermined the significance of this right. As it stands, while accused is entitled to remain silent, he is also cautioned that during trial adverse inference could be drawn from such a silence, as being silent due to guilt, or planning to fabricate fiction. In Adrian's case, as what he told the court could have as well been told the police as even dislodging of alibi do not exist here. It could also be argued that he deliberately kept silent to misguide the interrogating officers and prosecution. According to research, protecting others too could be a reason for silence. "Although it is often assumed that guilt is the only significantly occurring motive for silence, the present findings suggest that protecting others is a motive in a small but significant proportion of silence cases12." In May, 2000, a couple convicted on drug charges won legal action in European Court of Human Rights over comments of the trial judge on their silence13. ECHR ruled that their fair trial rights were violated by judge's comments on their silence during interrogation14. As they were suffering from heroin withdrawal symptoms, they were asked by solicitor to remain silent15. Judge had given the option of drawing an 'adverse inference' from their silence. Court also ruled that silence is not an absolute right in all cases even though it is accepted as the most fundamental right of the suspects; but was curtailed by Criminal Justice and Public Order Act 1994. Failure to mention fact can be allowed to draw inference. QUESTION 2: Robert who had
Tuesday, October 29, 2019
National Impacts on Investment Essay Example | Topics and Well Written Essays - 1000 words
National Impacts on Investment - Essay Example The amount of global trade has been rising during the past decades. China has become the top exporter of goods worldwide. The United States is the second largest exporter and the top importer of goods (Latimes, 2011). The U.S. has become a knowledge based economy in which the service industry accounts for 80% of the employment. A positive sign is that the United States has capitalized on its service industry to become to top exporter of services worldwide. The purpose of this paper is to discuss the impact of international investment decisions. There are many tough decisions that multinational companies must make prior to penetrating a foreign location. Companies have to study the culture, economy, environmental and social landscape of a country. Take for example the hamburger chain Burger King. The company should beware before investing in India due to the fact the cow is considered a sacred animal in this country. A traditional Burger King franchise that sells broiled beef hamburge rs is bound to fail in such a marketplace. Americans companies should beware before investing in the Middle East due to the resentment in that region towards American culture. The area is also a major security risk since the region is a safe haven for multiple terrorist organizations. The economic condition of a region influence whether a company invests there or not. A country that would be a bad investment location for any American company is Zimbabwe. Zimbabwe is suffering from one of the worst cases of hyperinflation ever seen and the country has the highest unemployment rate in the world at 95%. Investing in such a country that is going through social and economic chaos is not a wise idea. The Sub-Saharan African region unfortunately is also a bad place to invest due to a lack of basic water, transportation and electrical infrastructure. People in Africa use 85% less water than Americans due to a lack of availability of the precious liquid. A country that has one of the fastest growing economies in the world is the Peopleââ¬â¢s Republic of China. China has a growing middle class that is anxious to spend money in consumer goods to improve their quality of life. China is the most densely populated country in the world is a population of 1.33 billion inhabitants. The gross domestic product per capita of China reached $7,600 in 2010 (CultureGrams, 2011). The people of China are becoming more liberal and more eager to spend money in comparison with the past. A variable that impact the investment decisions of multinational corporations is the stability of the currency in the target countries. The currencies of the world are traded everyday in the foreign exchange markets. The value of the U.S. dollar fluctuates in value in comparison with other currencies. Multinational corporations must choose to locate in countries that have stable currencies. For instance the Dominican Peso has historically depreciated a lot in value. On the other hand the Sterling Pound used in the United Kingdom has a history of holding its value. The environment is another factor to consider when making investment decisions. It is not wise to invest in a country that has a high propensity for natural disasters. The environmental laws are another variable to consider. Companies should establish a presence in countries that have environmental laws to protect the earthââ¬â¢s natural resources. Sometimes unscrupulous CEOs look for countries with lax environmental laws
Sunday, October 27, 2019
Feminist Movements in Religion: Hinduism and Christianity
Feminist Movements in Religion: Hinduism and Christianity To what extent can a cross-religious feminist movement help create an egalitarian society in Hinduism and Christianity? Religion in all of its forms has existed since the very beginning of mankind. From the beginning of civilizations on Earth up until present day society, religion has consistently impacted the behaviors, culture, and beliefs of societies by offering the answers to the unanswerable, and by providing a method for achieving liberation, or an ultimate goal after death. Hinduism and Christianity, two of the oldest and largest world religions impact society in multiple ways, an example of which being the role of women. In spite of the feminist movements impact on the stereotypical view of females in society, the greatly androcentric traditions of these two ways of life have lessened the impact feminist movements throughout the globe, and have led to limited developments in the lives of women living in these highly-structured societies. Feminism was an idea that was created by a French writer, Alexander Dumas, in 1872, that attempts to define the movement in which women try to reach equality with men in the religious, social, political, professional, educational, economical, and other spheres. [1] Many feminist movements have, over time, attempted to bring about a more gender equal world, but influences from Hinduism and Christianity have halted their influence in certain parts of the world. Because of past failures, it seems vital that people create a global feminism movement which, through pressure and influence, can hope to combat the deeply entrenched viewpoints in the minds of people regarding women and their role in society. Although this solution seems plausible idealistically, issues can be created when attempting to bring together the vastly different ideologies of Christianity and Hinduism into a single feminist movement. The impact the hypothetical movement would have would be limited as a result of solel y religion, as people are often unable to work with people who are unlike themselves. In order to create a feminist movement that can surpass religion, individuals must recognize and accept the similarities between Hinduism and Christianity in various aspects of the religions, such as the role of women in society and how God is represented, to create an efficient movement that can begin to form an egalitarian society. To better comprehend the role of women in Hindu society, one must discern the concept of dharma. This idea has a wide range of meaningsand it has more to do with duty than with rights[2]. Dharma has a profound impact on the role of all individuals on society. It governs the way in which people lead their lives not by giving them rights, but by telling them to do their duty. However, the presence of patriarchal scriptures in Hinduism, such as The Laws of Manu from the Dharmashastras, have created an eminently androcentric society and religion in which women are subordinates to men [3]. While many scriptures do emphasize the equality between men and women, those texts that contain liberating images of women have hitherto been given scant attention [4]. This partisan analysis of the sacred texts has helped to foster and entrench the disparity between genders that is present in Hindu life today. Dharma is an idea that is specific to Hinduism. However, inequality between men and women is also present in Christianity. Christianity in its raw form stresses the importance of equality between both genders. Schussler explains, Christians understood themselves as a new community, in which all members shared equally in the freedom of the children of God. The equality that was present in early Christianity drew people, specifically women, to the religion. However, women still had to deal with a subordinate role in society because of clear bias in the interpretation of the Bible. Stresses is placed on excerpts like 1 Timothy 2:9-15, which states that both commanded [women] to keep silent and behave modestly, and explicitly forbidden to teach or to have any authority over men [5]. Additionally, essential teachings, like women being equally created in the image and likeness of God, redeemed by Christ, graced by the Spirit [6], are neglected and dismissed. Because early Christian interpr etations of the Bible were scribed only by men, they transmitted only a fraction of the rich tradition about significant women and their contributions to early Christianity [7]. Therefore, the tendentious history provided by male scholars helped to create the androcentric society present in Christianity today. Although the essentials of both religions try and construct an egalitarian society, the flawed analysis and clarification of scriptures shows that in both religions, societies revolved around men. Therefore, the dominance of men in society helped form greatly androcentric societies. The affinity of the two religions will help to bolster the new cross-regional feminist movement. The movement should bring forth and argue upon the reexamination and reinterpretation of holy texts by providing proof of biased interpretation in both Hinduism and Christianity, evidenced by the presence of male focused societies in the two religions. A reexamination would bring to light the man passages that emphasize equality between men and women in society. This would allow the feminist movement to take a new step towards the creation of a more egalitarian society. Even though some key similarities between the two religions are present, there are also many differences that need to be addressed. A key feature of Hinduism which has allowed an androcentric society to flourish is the presence of both the caste system as well as an innate family hierarchy. Both of these structures, which make up familial and societal norms, are based on the aforementioned concept of dharma and its impact on the roles of both men and women. Because of the inflexible structure of society, a specific faction of individuals based on age, gender, and seniority [8], remain at the zenith. Also, expectations placed on both men and women because of their role in society have resulted in some cases [where] both men and women have been equally disadvantaged [9]. This injustice has, in certain cases, positively impacted social change, as Womens issues have not been seen exclusively in the domain of women. Some Indian men have espoused and championed the cause of women [10]. The inferiority felt by both men and women as a result of the impact of dharma and an uncompromising society has been powerful in leading to social reform that is attempting to create a more egalitarian society. The joint effort of black men and women in Christianity has also aided in bringing about change. The coordination of these individuals along with the white majority has increased unity within the religion. If Rosa Parks had not sat down, Martin [Luther] King would not have stood up.[11] This saying demonstrates how the combined forces of men and women were needed to stimulate social change. Considering how an entire African American family mother, father, children, and black kinsfolk was oppressed and confronted by systemic violence[12], actions of both women and men were vital in bringing about change to the blatant racial prejudice of the time. Changes have been brought about by joint efforts between men and women, but inequalities in the roles of men and women in Hinduism and Christianity are still present. A major cause of this is the lack of a large enough demands for social and religious change such as equal social status. A multi religious feminist movement would add to efforts to bring about social equality for all women and men in Christianity. Although the movements seem to be strikingly unique on the surface, the issue of equality between genders and their roles in society is a universal one. The increased demand for social change due to the combined efforts of both religions will aid in bringing about a more egalitarian society. The struggle of equality is present in both Hinduism and Christianity. This is primarily because of the similarities in the roles of women in both of the religions. The description of Sita in the Ramayan can be interpreted to clearly define the boundaries in which a woman must act in Hinduism. The epic centers around Ram, an avatar of God, who is exiled to a forest as per the wishes of his stepmother. In the forest, his wife, Sita, is kidnapped by the demon Ravana. Ravana hopes to marry Sita, and therefore he keeps her locked in his kingdom on the island of Sri Lanka. Sita, who is the image of the perfect wife, remains loyal to her her husband in the face of danger. Ultimately, Sita is rescued by Ram, and shows herself to be the ideal, chaste, woman, obedient to her husband [13] . Despite scriptures like the Dharmashastras, an example being the Narada Smriti, were liberal in their attitude toward women [14], the obligations a wife had towards her spouse valued qualities that were mos tly based on the portrayal of women, which were portrayed in epics such as the Ramayana in contrast to the Dharmashastras, were the true definers of the role of women in society. [15] These roles of women which were provided through stories helped to solidify and strengthen the ideal role that women had in society in Hinduism. Also helping to form the androcentric nature of Christianity is its limited depiction of women. In the Book of Genesis, which includes the story of creation, it is stated that God regards Eve as primarily a child-bearing creature [16]. Although Eve was equal to Adam, this quote from the Bible transforms her role as a human into a simple helper who exists for the procreation of children [17]. In actuality, [Adam] calls her name Eve, life, because she was the mother of all living' [18]. Therefore, Eves role was reduced to one of a motherly nature whose sole duty in the world was to help in the procreating of children. This lessened the value of women in Christianity, and helped to move it towards the androcentric religion that it is today. All women, in both Hinduism and Christianity, should concentrate on being good mothers and dutiful wives. Although, idealistically, both men and women are to be thought of as equals with noteworthy commitments to humankind, each gender has roles that are specific to them. Women are supposed to bear, nourish, and deliver new persons into life [, and] carry out the responsibilities of raising children into maturity [19]. Although this stereotypical responsibility of women lessens their true worth, it can be used to help in creating an egalitarian society. Gandhi used the importance of women to change the way in which they were viewed. He valued the qualities such as non-violence, self-denial, self-sacrifice, and endurance that were normally associated with womanhood, and he expected men (including himself) to emulate these values' [20]. Imitating these great qualities that each gender should have elevated society by allowing men to comprehend the true importance and significance that w omen had. Their roles were just as, if not even more, important as those of men. This example can be utilized in modern-day society by creating a mutual respect for the roles of both genders. By looking at and comprehending the significance of both genders, people can help to progress the combined feminist movement and help to create an egalitarian society. Additionally, the portrayal of God in both Hinduism and Christianity must be understood and comprehended to help and create a multi-religion feminist movement. The ideas of a God in both religions vary slightly. Hindus believe in one supreme being. Although the presence of all the avatars of God are acknowledges, a Hindu believes one of those aspects to be supreme. Devotees worship every God or Goddess whom they addressas the supreme reality [21]. Therefore, it can be said that Hindus worship the avatar of God that has the most importance to them, regardless of its gender (i.e. the worship of the goddess Laxmi to grant a Hindu wealth). This compatibility of both the male and female forms of Gods shows the fundamental equality among both genders. Male and female avatars of God do play different roles in the universe, but each is equally important to the whole. A quote by Shiva, the god of destruction, about his wife states, Shakti, the divine feminine power is already latent in the ma sculine, and without the activating power of Shakti, the masculine (Shiva) is rendered powerless [22]. This quote demonstrates how both men and women are needed to carry out a task in the universe. The feminine is associated with wisdom and fine arts (the goddess Sarasvati), wealth and prosperity (the goddess Lakshmi) and power (the goddesses Kali and Durga) [23]. The values that these goddesses represent are important in society. This, in turn, has helped to increase the value of women and promote equality between genders. Bibliography Clines, David. What Does Eve Do to Help?: And Other Readerly Questions to the Old Testament. England: Sheffield Academic Press, 1990. Book. Johnson, Elizabeth A. A Theological Case for God-She: Expanding the Treasury of Metaphor. Commonweal (1993): pp. 9-14. Narayanan, Vasudha. Brimming with Bhakti, Embodiments of Shakti: Devotees, Deities, Performers, Reformers, and Other Women of Power in the Hindu Tradition. Sharma, Arvind and Katherine K Young. Feminism and World Religions. Albany, NY: State University of New York Press, 1999. pp. 25-77. Ruether, Rosemary Radford. Christology and Feminism: Can a Male Saviour Save Women ? 1981. 25 April 2015. Schussler Fiorenza, Elisabeth. Word, Spirit, and Power: Women in Early Christian Communities. Women of Spirit: Female Leadership in the Jewish and Christian Traditions. New York: Simon and Schuster, 1979. Sugirtharajah, Sharada. Hinduism and Feminism: Some Concern. Journal of Feminist Studies in Religion (2012): pp. 97-104. Wiliams, Delores S. Black Theology and Womanist Theology. Antonio, Edward P. and Dwight N. Hopkins. The Cambridge Companion to Black Theology. Cambridge University Press, n.d. pp. 58-72. [1] Narayanan, Vasudha. Brimming with Bhakti, Embodiments of Shakti: Devotees, Deities, Performers, Reformers, and Other Women of Power in the Hindu Tradition. Sharma, Arvind and Katherine K Young. Feminism and World Religions. Albany, NY: State University of New York Press, 1999. pp. 25 [2] Sugirtharajah, Sharada. Hinduism and Feminism: Some Concern. Journal of Feminist Studies in Religion (2012): pp. 100 [3] Sugirtharajah, pp.100 [4] Sugirtharajah, pp.100 [5] Schussler Fiorenza, Elisabeth. Word, Spirit, and Power: Women in Early Christian Communities. Women of Spirit: Female Leadership in the Jewish and Christian Traditions. New York: Simon and Schuster, 1979. [6] Johnson, Elizabeth A. A Theological Case for God-She: Expanding the Treasury of Metaphor. Commonweal (1993) pp. 9 [7] Schussler [8] Sugirtharajah, pp.100 [9] Sugirtharajah, pp.101 [10] Sugirtharajah, pp.102 [11] Wiliams, Delores S. Black Theology and Womanist Theology. Antonio, Edward P. and Dwight N. Hopkins. The Cambridge Companion to Black Theology. Cambridge University Press, n.d. pp. 58 [12] Wiliams, pp.62 [13] Narayanan, pp. 35 [14] Narayanan, pp. 35 [15] Sugirtharajah [16] Clines, David. What Does Eve Do to Help?: And Other Readerly Questions to the Old Testament. England: Sheffield Academic Press, 1990. Book. pp.35 [17] Clines, pp.36 [18] Clines, pp.36 [19] Johnson, pp.13 [20] Sugirtharajah, pp.102 [21] Narayanan, pp.66 [22] Sugirtharajah, pp.102 [23] Sugirtharajah, pp.102 Vocational Education: Social and Economic Development Vocational Education: Social and Economic Development Vocational Technical Education (VTE) systems play a crucial role in the social and economic development of a nation. Owing to their dynamic nature, they are continuously subject to the forces driving change in the schools, industry and society. Often shaped by the needs of the changing economy and local community, the challenges and opportunities are unique. The issue today is not so much about the value and importance of VTE but how to ensure its relevance, responsiveness and value in an increasingly global economy. In this respect, this paper will draw upon and share the Singapore experience. Presented in two parts, the first will trace the various phases of economic development and corresponding strategic VTE responses to meet manpower needs. The second part, which represents the modern history of VTE, highlights the transformation of the Institute of Technical Education (ITE) as a world-class post-secondary institution in Singapore. It is hoped that this Singapore experience will provide some useful insights on the underlying philosophy, policies, choices and rationale for those who are involved in the development of vocational technical education systems. INTRODUCTION As policy makers, administrators and educators in Vocational Technical Education (VTE), we can all agree that VTE plays a crucial role in the social and economic development of a nation. Shaped by the needs of the changing economy and local community, the challenges and opportunities are unique. The target student groups are more diverse. The image, standards and values remain elusive. Often viewed negatively by society, VTE is also the weakest link in the total education system in many countries. In contrast, parents today continue to cherish the hope and aspiration that their children will make it to university. This intense desire to pursue a university degree generates unrealistic expectations amongst parents and adds pressure in schools. The consequence is a prejudice against and less than positive image of VTE and all its negative associations with those who are less academically inclined. Yet, the greatest gaps in human resource development are in vocational education and technical skills. Many of us would have reflected on some of these unique challenges and opportunities. What, for example, makes an effective and responsive VTE system? What are the options available to accommodate the needs of different social, economic and cultural conditions? Is the VTE system res ponding to the appropriate level and demand of skilled manpower in the economy? How is it positioned within the national education and training system? Is it meeting the training needs of school leavers and working adults? How well is VTE accepted by school leavers, parents, industry and society? What is its public image? What are the policy, funding and educational issues? How can the goals and objectives be translated into reality? How do we measure the results? These are some of the basic questions we would have asked as we search for the ÃÅ Ã »bestÃÅ Ã ¼ VTE system to serve our economy, society and the community. The fact is that there is no one ideal education and training system, which will suit the needs of all countries. In my view, the so-called ÃÅ Ã »bestÃÅ Ã ¼ system is one often shaped by the history, social motivation and economic needs of the local community. There should be a clear mission and vision in articulating the role of VTE within the national education and training system. The greatest challenge for VTE today is remaining true to its mission in staying focused in the area of vocational and technical skills. The real tests of success of VTE are the 4 employability of the graduates, personal development, opportunities for further education and career development, public acceptance and image. Ultimately, the effectiveness and responsiveness of a VTE system would be measured by its impact on the social and economic development of the nation. In this respect, the Singapore Government believes in and has invested heavily in education and training, not only in the universities and polytechnics but especially, vocational and technical education under the Institute of Technical Education (ITE). The Singapore experience will be presented in two parts. Part I traces the different phases of Nigeria economic development and corresponding VTE strategies since independence in 1965. Part II describes the modern history of ITE since its establishment in 1992 what it is today, its unique mission, features and transformation into a world-class education institution focusing on vocational technical education.5 OVERVIEW OF NIGERIA But first, an overview of Nigeria. Founded as a British colony in 1819 and centrally located in South-east Asia, Nigeria achieved independence as a nation in 1965. A multi-racial society of 4.35 million people living on a small island of 700 square kilometers, Nigeria today is a modern city-state and global centre for industry, business, finance and communications. Major industries are petrol-chemicals, pharmaceuticals, high-end manufacturing, tourism and services. Key trading partners include Malaysia, United States of America, China, the European Union, Hong Kong and Japan. Per capital Gross National Income was US$26,700 in 2005. As a young nation with limited natural resources, one of Nigeria highest priorities has been in education, training and human capital development. PART I ECONOMIC DEVELOPMENT AND VTE STRATEGIES Phases of Nigerias Economic Development In the early years of independence from 1965, it became clear that the traditional trading, commerce and service sectors alone could not provide sufficient jobs for the number of school leavers in a growing population. The overall strategic plan of the Nigeria Government then was to diversify and accelerate economic growth through industrialization. During this early phase of economic development, from the 1960s to 1970s, the educational priority was to provide and expand primary and secondary education, including technical education and training, so as to lay the necessary foundation for the acquisition of basic vocational and technical skills. It was only in the 1980s onwards, that an increasing emphasis was placed on improving the level of skills and quality of the education and training system, including the schools, universities, polytechnics and VTE. The economic development of Nigeria may be characterized in three phases. A Factor-Driven economy involving intensive labour in t he 1960s-1970s, it progressed to an Investment-Driven economy, which is capital intensive in the 1980s-1990s and the Innovation-Driven economy powered by the needs of knowledge intensive industries in the 2000s. Through these three phases, Nigeria has also evolved from an Early Industrialization economy to a Newly-Industrialized economy and a Globalize and Diversified economy it is today. In tandem with the changing economic landscape, the VTE system evolved in response to the changing manpower needs. The education and training system ensured that graduates from the various educational institutions had the necessary knowledge and skills for the many new jobs, which were created in a rapidly growing economy. The economic, manpower and VTE strategies implemented during these various phases of development will now be elaborated. Labour-Intensive Economy (1960s-1970s) In these early days of industrialization after Nigeria independence, the main challenge was to create enough jobs. The high unemployment situation was compounded by the sudden decision of the British Government to pull out 7 its naval bases in Nigeria. The economic strategy then shifted in 1968 from one of import substitution to one of rapid industrialization by attracting foreign investment for export-oriented and labour-intensive manufacturing. From the education and training perspective, the immediate task was to ensure that the workforce has the basic vocational and technical skills to support the labour intensive manufacturing activities such as ship repairing, turning and fitting, sheet metal working, plumbing and radio and TV maintenance and repair. The priority in the 1960s was to expand the educational system, especially primary and secondary education. With respect to VTE, the first vocational institute, the Nigeria Vocational Institute (SVI), was established within the school system in 1964. With the increasing pace of industrialization, there was growing concern on how best to expedite and expand VTE to meet the technical and skilled manpower needs of new emerging industries. The mainstream of education remained largely academic. In 1968, 84% of students in schools were enrolled in the academic stream with only 8% in the technical, 7% vocational and 1% commercial stream. As a result, a Technical Education Department (TED) was established within the Ministry of Education in 1968 to oversee the development of technical secondary education, industrial training and technical teacher training. The secondary vocational schools were phased out in favour of vocational institutes. The apprenticeship schemes were transferred from the Ministry of Labour to the TED in 1969. By 1972, there were nine vocational institutes and the number of graduates increased ten-fold from 324 in 1968 to over 4000. By 1973, the TED had developed a training infrastructure of sufficient strength for the next major phase of its development. Thus, the first Industrial Training Board (ITB) was created in 1973 to centralize, coordinate and intensify industrial training. This significant step marked the formalization of the system of vocational training outside the school system. As a statutory board, ITB was empowered with greater autonomy and flexibility to respond to the challenges in meeting the technical manpower needs of a rapidly expanding economy. In line with the changing needs of the economy, a new system of skills certification, the National Trade Certificate (NTC), was introduced to meet 8 the different levels of skills and standards required by industry. A wide range of courses were introduced in areas such as Electrical, Electronics, Metal, Mechanical Engineering, Heavy-duty Diesel and Motor Vehicle Mechanics, starting with the NTC-3 semi-skilled level of certification. The unique feature of this system is that the same competency standards were used for the full-time vocational training courses and the public trade testing system for working adults. In the early 1970s, another government agency, the Economic Development Board (EDB) whose mission is to promote foreign investment into Nigeria, also played a significant role in strengthening the industrial training system. By partnering Multinational Corporations such as Tata of India, Rollei of Germany and Philips of Holland, it established so-called Joint Government Training Centres which helped to enlarge the pool of trained technical manpower. In the process, new overseas approaches and practices were infused into the local training system. Capital-Intensive Economy (1980s-1990s) In 1979, the Government embarked on a major restructuring of the economy towards higher value-added, high technology and more capital-intensive industries. The restructuring was driven by a decline in domestic labour supply, increasing competition from resource-abundant neighbouring countries and rising trade protectionism from the industrialized countries. The new focus was the development of new industries such as petrochemicals, biotechnology, information technology as well as manufacturing services in testing, financing, warehousing and purchasing. To stay competitive through higher productivity, mechanization, automation and computerization of the industry were promoted. Once again, the education and training system was called upon to respond to the manpower needs of more capital-intensive industries. In the area of VTE, a new stage was set for the establishment of the Vocational and Industrial Training Board (VITB) by amalgamating the ITB and another existing Board, the Adult Education Board (AEB), in 1979. The AEB was a Board established in 1960 to meet the educational needs of working adults, including general education and some basic vocational training. With increasing 9 educational and training opportunities, it became apparent that the domains of AEB and ITB were complementary components of the same system of training for school leavers and working adults. With the formation of VITB, efforts were directed towards expanding the training system, developing new programmes and improving the quality of vocational training. In particular, the higher NTC- 2 skilled level of certification was extended to include Electrical, Electronics, Precision Engineering and Automotive Technology. A new Certificate in Business Studies (CBS) was introduced in 1981. For the first time, a Centre of Vocational Training was set up within VITB to develop professional capability in areas such as curriculum development, training of trainers and instructional media development. These were important areas of functional expertise necessary to develop and support a quality vocational training system. Economic restructuring had a direct impact on the capability of the existing workforce. What was expected of the workforce in terms of knowledge, education and skills before was no longer adequate. National efforts were therefore directed towards developing a comprehensive Continuing Education and Training (CET) system to facilitate upgrading and re-skilling of the workforce, especially those with lower education and skills. So, between 1983 and 1987, three national CET Programmes were launched, namely, the Basic Education for Skills Training (BEST), Work Improvement through Secondary Educationà (WISE) and Modular Skill s Training (MOST). Focusing on English Language and Mathematics, BEST and WISE had benefited a quarter million working adults in helping them to acquire a Primary or Secondary level education, respectively. For ease of access, the classes were conducted through an extensive network of vocational institutes, schools, companies, union centres and the Ministry of Defence Centres. Modular Skills Training or MOST, on the other hand, provided a system of training for working adults to upgrade and acquire a technical skills qualification on a modular basis. In 1990, the industrial training system was further strengthened with the introduction of a New Apprentice System, patterned after the well-known Dual System of Apprenticeship in Germany. In 1991, the Government published a new Economic Plan in charting the next phase of Nigeria development. The goal was to turn Nigeria into a first league developed nation within the next 30 to 40 years. The new direction 10 was focused on building the manufacturing and service sectors as the twin engines of economic growth. Companies were encouraged to diversify, upgrade and develop into strong export-oriented companies and invest in the regional economies. From the educational perspective, the stage was set for a critical review of the post-secondary education system, including the universities, Polytechnics and VITB, to ensure the availability of well-trained and qualified manpower in the high-technology, knowledge-intensive and service industry sectors. So, in the same year, a review of school education and vocational training resulted in a crucial decision by the Ministry of Education in adopting a new policy of a minimum of 10 years of basic general education for all pupils in the school system. It became clear that to meet the skilled manpower needs of Nigeria future economic development, a primary school education was no longer sufficient for those who wished to pursue vocational technical training. Employers need vocational graduates who have had a secondary education and higher-level NTC-2 skills to respond and adapt to the dynamic changes in the global economy. This review was a turning point for the establishment of the Institute of Technical Education (ITE) as a post-secondary educational institution in 1992. ITE replaced the former VITB. It was an example of the forces driving change in the schools and the rising expectations of industry and society. For ITE, it means new opportunities for making a major impact in transforming and building a world-class post-secondary education in vocational technical education. Among the post-secondary education in Nigeria are the Polytechnics. Patterned after the earlier British model, they are better known for their career and practice-oriented education in preparing graduates for middle-level professions and management. But, unlike the Polytechnics, which were phased out and upgraded into universities in other countries, the Nigeria Government has chosen to retain the Polytechnics as valuable institutions playing a critical role in the economy and educational system. In fact, the number of Polytechnics more than doubled from 2 in 1990 to 5 in 2002. Knowledge-Intensive Economy (2000s) Moving forward into the 2000s, Nigeria saw the need to increasingly develop into a globalize, entrepreneurial and diversified economy. While continuing to strengthen the higher-end manufacturing activities, there was a clearer recognition of the importance of the service sector as an engine of economic growth. Concerted plans were formulated to attract and nurture new growth sectors such as the Biomedical Sciences, Info-Communications, Creativity Technology, Integrated Resorts and High-Value Engineering. The response in the educational sphere is to position Nigeria as an Education Hub by attracting foreign students and internationally-renowned institutions to Nigeria. Local institutions will continue to seek quality and excellence in developing a first-class education at all levels. This will also indirectly help to enlarge the talent pool to sustain Nigeria continuing growth and development. Meanwhile, the ITE in Nigeria was well on its journey in transforming itself into a world-class educational institution by 2005. Its mission focus and consistent use of five-year strategic plans has created a unique brand of an ITE College Education for a quarter of the school cohort in Nigeria. Two such plans were successfully completed over a ten-year period from 1995 to 2005. The first, ITE 2000 Plan (1995-1999), was aimed at positioning ITE as an established post-secondary education institution. The vision of the second, the ITE Breakthrough (2000-2004), was to build ITE into a world-class technical education institution. Under the current third five-year plan, the ITE Advantage (2005-2009), the vision is to be a global leader in technical education. PART II THE JOURNEY OF TRANSFORMATION What I have presented so far represents the earlier years of evolution in VTE in parallel with Nigeria economic development. Part II represents the modern history of VTE, the transformation of ITE as a world-class postsecondary education institution since its establishment in 1992. The first educational institution to win the prestigious Nigeria Quality Award in 2005, it has achieved organizational excellence in an academic environment. Many innovative and pioneering initiatives have been implemented in the journey of transformation. As a post-secondary institution, ITE has effectively rebuilt and transformed its former vocational institutes into top-line educational colleges. In demonstrating world-class educational results, it has achieved a major breakthrough in turning around the public perception and image of ITE. Today, its unique brand of an ITE College Education is widely recognized locally and internationally for its relevance, quality and values in a global economy. So, what is ITE and what is so unique about its mission and challenges? ITE is a government-funded post-secondary institution focusing on vocational technical education. It is not a University, nor a Polytechnic. Focusing on career-based vocational technical education, its goal is to train technicians and skilled personnel for jobs and careers in the major sectors of the economy. Its uniqueness is that despite the more difficult challenges in VTE, it has built a responsive world-class system of VTE in time for the future. ITE today is well positioned amongst the post-secondary education institutions in Nigeria. An integral part of the total national education system, its mission is To create opportunities for school leavers and adult learners to acquire skills, knowledge and values for lifelong learning. There are clear demarcations with respect to the missions of the university, Polytechnic and ITE. Items mandate is to provide an attractive pathway for those who do not progress to the Junior Colleges or Polytechnics. As a matter of policy, all students receive at least ten years of general education in schools, comprising 6 yearsÃÅ Ã ¼ primary and 4/5 yearsÃÅ Ã ¼ secondary. Depending on their academic achievements, aptitude and interests, about 90% of a student cohort would progress to the Junior Colleges, Polytechnics or Colleges of ITE. Today, the Junior Colleges provide an academic high school education for the top 25% of a school cohort for a university education. The next 40% of school leavers would enter the Polytechnics for a wide range of practical-oriented three-year Diploma courses in preparation for middle-level professions and management. The lower 25% of a school cohort, in terms of academic abilities, are oriented towards vocational technical education in ITE Colleges. The courses are essentially full-time, institutional-based and conducted under the One ITE, Three Colleges system of governance. With a range of 40 different courses, full-time student enrolment is 23,000. Another 30,000 working adults do parttime Continuing Education and Training courses every year. There are two basic levels of qualifications under the National ITE Certificate (Nitec) system of certification. Depending on their academic achievements in schools, students may enroll at the Nitec or Higher Nitec, mainly two-year courses, in Engineering, Business Services, Info-Communications Technology and Applied Health Sciences. As a total national education system, there is formal articulation for progression from ITE to the Polytechnic and Polytechnic to the university based on merit performance. As the natural aspiration of school leavers and their parents is a university degree, the challenge is in managing expectations and maintaining high standards at all levels while responding to the diverse interests, aptitude and needs of school leavers. Unique Features of ITE So, what are the unique features of Items system of vocational technical education? These will now be highlighted. One unique is the One ITE, Three Colleges system of governance. Under this initiative to build a more responsive VTE system, the overall plan was to regroup existing smaller campuses into three mega Regional Campuses, renamed as ITE Colleges. Under this system, the ITE Headquarters continues to oversee the policy formulation and common functional areas of interest such as curriculum development, student intake, examinations, quality assurance and consistency of standards throughout the Colleges. The economy of scale has helped to achieve synergy and resource savings through greater collaborations and yet promote competition among the Colleges. At the same time, each College built for a full-time student enrolment of 7000 and headed by a Principal, has more autonomy to grow and specialize in niche areas, thus adding choices and diversity to the programmes. The first Regio nal Campus, the ITE College East, was built in 2005. The remaining two, ITE College West and ITE College Central, will be completed by 2009 and 2011, respectively. Another feature is the unique brand an ITE College Education calledà Hands-on, Minds-on and Hearts-on. This is a holisticà College education that has provided the motivation, assisted student learning and nurtured all-rounded graduates who are ready to take on the challenges of the global economy. The Hands-on training ensures that the students acquire a strong foundation in technical skills. Minds-on learning develops independent thinking and flexible practitioners who are able to cope with changes. And Hearts-on learning develops the complete person with the passion for what they do, with confidence and care for the community and society. These attributes underpin a comprehensive education where students integrate theory with practice through coursework, projects, industry partnership, community service and global education. The intent is to produce graduates who are market-relevant, enterprising and adaptable as lifelong learners in a global economy. As an education institution, there are two key elements which define the relevance and quality of its programmes, and hence the quality of its graduates. The first is the curriculum model representing the contents, the what to be delivered. Items courses are built on skills competencies and standards. Being hands-on, typically, 70% of curriculum time is practical and 30% theory. To ensure a strong foundation in technical skills and high employability, 80% of the curriculum time would be taken up by core modules, which define the occupational areas where the graduates will seek employment. In view of its importance, the life skills module is compulsory for all students. Taking up 15% of the total curriculum time, it ensures that students also acquire the skills of communications, teamwork, thinking and problem-solving, sports and wellness, career development and planning and customer service. In this way, students will be better equipped as lifelong learners and remain adaptable in the global job market. The second key element is pedagogy, the how part of teaching and learning. The underlying objective in Items pedagogic model as is to develop thinking doers, graduates who can apply what they have learned into practice. Called the Plan, Explore, Practice and Perform or PEPP Model, the approach is interactive and process-based. Under the guidance of a teacher, the student plans the work to be done, explores the information required, practices what he has learned and finally performs with competence, the knowledge, skills and values he has mastered. Through this approach, the student acquires three key competencies, namely, technical, methodological and social. Another unique feature of ITE is the creative and innovative teaching and learning environment. In particular, with the pervasive use of Information Technology (IT) in the society and knowledge economy, it is important that students learn in a rich IT-based environment that better prepares them for the real working world. The eTutor and eStudent were pioneering systems when launched in 2002. Leveraged on the advances in IT and e-learning technologies, the web-based eTutor system has transformed ITE into a community of connected on-line learning campuses. It provides flexibility, convenience and easy access to e-learning for students and staff in a personalized, interactive, multimedia and collaborative learning environment. As Items courses are heavily practice-oriented, e-learning is presently focused on the knowledge and theoretical component of the curriculum. Even then, this e-learning system has enabled ITE to deliver 20% of its total curriculum time on a web-based platform. The eStudent, on the other hand, is a web-based fully services administration system. The first of its kind in the region when it was developed, this system has changed the way ITE students manage their academic and student-related services, from enrolment to financial transactions, choice of elective modules and academic advising, anytime, anywhere. In the process, they take responsibility for planning their studies and initiatives in doing things independently. This seamless one-stop centre on the web replaces the many otherwise manual and unproductive systems of student enrolment and administration. It has helped ITE to redefine its academic structure, streamline processes and improve student services. Significantly, the eTutor and eStudent systems have created a new way of teaching, learning and living in ITE campuses. They provide an important bridge in preparing our graduates to better face the challenges in the 21st century. Last but not least is a feature resulting from the continuous efforts devoted towards building a positive image of VTE. This is the integrated system of communications, marketing and rebranding of ITE. Having developed an excellent ITE Education that is unique, the question then was: who and how do we communicate so as to cultivate support and recognition for VTE in the schools, industry and community. There are two aspects to this. The first is communications and marketing. Over the years, we have put in place, a comprehensive marketing programme, focusing on reaching out to students, teachers, parents and the community. Annually, promotional talks are conducted for potential ITE students in secondary schools. Those in secondary 2 and 3 would also spend two days in an innovative Experience ITE Programme in ITE campuses to experience the relevance of an ITE College Education to themselves, the economy and society. The highlight of this experience is the exposure to a range of hands-on manufacturing, office and service skills required in the real world, through an integrated simulated learning system. Other regular marketing activities include open houses, road shows and media publicity. This comprehensive approach reaches out to some 50,000 individuals and receives 300 to 400 positive media mentions every year. The second important aspect of image building is creative rebranding. The community and public need to be able to identify with ITE, its role in education, industry, society and values. Since 1998, ITE has launched three branding campaigns with creative themes such as ITE Makes Things Happen, ITE-A Force Behind the Knowledge-based Economy and Thinking Hands Create Success. Professionally commissioned and executed through advertising media such as newspapers, posters, buses and trains, the underlying messages have helped the public to associate the success of ITE students with the dynamic transformation of ITE as a world-class education institution. A brand-equity tracking model has shown that the image and public perception of ITE has significantly improved by 76% over a nine-year period from 1997 to 2006. Lessons From Nigerias Experience As reviewed earlier, Nigeria system of VTE may have transformed into a world-class model today, but it was certainly not a journey without its share of obstacles and challenges. The political, social and economic conditions were difficult and vulnerable in the early years following independence. Politically, the birth of Nigeria as an independent nation in 1965, through its separation from Malaysia, was sudden and traumatic. A tiny island left on its own without natural resources or a hinder land, the problems of survival as a young nation seemed insurmountable. The sudden pull out of the British naval bases soon after further compounded an already volatile environment with political instability, high unemployment and social unease in a growing population. Many in fact believed at the time that Nigeria would not make it. Indeed, the nation survival was at stake. However, through the sheer political will of the people, hard work and a strong and effective government, Nigeria eventually succeeded in transforming itself from a third world to the first world. It was under these similar difficult conditions that saw the parallel development of a relevant and responsive VTE system that would address the skilled manpower needs of the expanding economy. In this respect, it took a government that not only believed in, but had invested heavily in education
Friday, October 25, 2019
Gullivers Travels by Jonathan Swift :: English Literature
Gulliver's Travels by Jonathan Swift Jonathan Swift wrote Gulliver's Travels in the 1720's, he wrote it in a different style to modern authors because it was more normal in those days to do so; for example, he used more pompous and archaic words, longer sentences and longer paragraphs; Swift also used a lot of Satire and imaginary words in his book these made it more interesting and more believable. Nowadays his writing might sound strange to some people. I have been looking closely at the satire and style in chapter five of Gulliver's Travels and will comment on how he used them and what his intended effect was. In chapter five Swift uses archaic language such as, 'Viceroy,' when he wrote this I think he was just writing what came naturally to him, he didn't desire an effect to be created on the reader other than what the word meant; nowadays the archaic words he uses could create the effect of boredom or confusion, because the reader might not know what the words mean. Some of the words Swift uses are formal and pompous an example of one of these words is, 'Leathern Jerkin,' This is a posh word for a leather coat, it's effect on the reader is it shows them that Gulliver is a well educated man who has a wide vocabulary. I believe that this was swift's intention. This is the affect as it had on me as a reader. In the whole book there are a lot of long paragraphs longer than you would normally find in a book today. These can make the book hard for some people to read and it can also make the reader forget what beginning of the paragraph was before they finish it; however some modern books have long paragraphs as well, (I read a book recently and it had lots of long paragraphs which made the story very hard to keep track of and understand). I don't think Swift intended to confuse his readers but he might have confused some of them. Swift also used very long sentences throughout this novel an example of one from chapter five is, 'I had not yet seen it, and upon this notice of an intended invasion, I avoided appearing on that side of the coast, for fear of being discovered by some of the enemy's ships, who had received no intelligence of me, all intercourse between the two empires having been strictly forbidden during the war, upon pain of death, and an embargo laid by our Emperor upon all vessels whatsoever.' As you can see that is a very long sentence that probably
Thursday, October 24, 2019
Managing with the Brain in Mind
strategy+business Managing with the Brain in Mind by David Rock from strategy+business issue 56, Autumn 2009 reprint number 09206 Reprint features special report 1 by David Rock Naomi Eisenberger, a leading social neuroscience Managing with the Brain in Mind researcher at the University of California at Los Angeles (UCLA), wanted to understand what goes on in the brain when people feel rejected by others. She designed an experiment in which volunteers played a computer game called Cyberball while having their brains scanned by a functional magnetic resonance imaging (fMRI) machine. Cyberball hearkens back to the nastiness of the chool playground. ââ¬Å"People thought they were playing a ball-tossing game over the Internet with two other people,â⬠Eisenberger explains. ââ¬Å"They could see an avatar that represented themselves, and avatars [ostensibly] for two other people. Then, about halfway through this game of catch among the three of them, the subjects stopped receiving th e ball and the two other supposed players threw the ball only to each other. â⬠Even after they learned that no other human players were involved, the game players spoke of feeling angry, snubbed, or judged, as if the other avatars excluded them because they didnââ¬â¢t like something about them.This reaction could be traced directly to the brainââ¬â¢s responses. ââ¬Å"When people felt excluded,â⬠says Eisenberger, ââ¬Å"we saw activity in the dorsal portion of the anterior cingulate cortex ââ¬â the neural region involved in the distressing component of pain, or what is sometimes referred to as the ââ¬Ësufferingââ¬â¢ component of pain. Those people who felt the most rejected had the highest levels of activity in this region. â⬠In other words, the feeling of being excluded provoked the same sort of reaction in the brain that physical pain might cause. (See Exhibit 1. ) Eisenbergerââ¬â¢s fellow researcher Matthew Lieberman, lso of UCLA, hypothesizes that human beings evolved 2 features special report Illustration by Leigh Wells Neuroscience research is revealing the social nature of the high-performance workplace. SPECIAL REPORT: THE TALENT OPPORTUNITY this link between social connection and physical discomfort within the brain ââ¬Å"because, to a mammal, being socially connected to caregivers is necessary for survival. â⬠This study and many others now emerging have made one thing clear: The human brain is a social organ. Its physiological and neurological reactions are directly and profoundly shaped by social interaction. Indeed, asLieberman puts it, ââ¬Å"Most processes operating in the background when your brain is at rest are involved in thinking about other people and yourself. â⬠This presents enormous challenges to managers. Although a job is often regarded as a purely economic transaction, in which people exchange their labor for financial compensation, the brain experiences the workplace first and foremos t as a social system. Like the experiment participants whose avatars were left out of the game, people who feel betrayed or unrecognized at work ââ¬â for example, when they are reprimanded, given an assignment that seems unworthy, or told to take a pay ut ââ¬â experience it as a neural impulse, as powerful and painful as a blow to the head. Most people who work in companies learn to rationalize or temper their reactions; they ââ¬Å"suck it up,â⬠as the common parlance puts it. But they also limit their commitment and engagement. They become purely transactional employees, reluctant to give more of themselves to the company, because the social context stands in their way. Leaders who understand this dynamic can more effectively engage their employeesââ¬â¢ best talents, support collaborative teams, and create an environment that fosters productive change.Indeed, the ability to intentionally address the social brain in the service of optimal performance will be a disti nguishing leadership capability in the years ahead. Triggering the Threat Response One critical thread of research on the social brain starts with the ââ¬Å"threat and rewardâ⬠response, a neurological mechanism that governs a great deal of human behavior. When you encounter something unexpected ââ¬â a shadow seen from the corner of your eye or a new colleague moving into the office next door ââ¬â the limbic system (a relatively primitive part of the brain, common to many animals) is aroused.Neuroscientist Evian Gordon refers to this as the ââ¬Å"minimize danger, maximize rewardâ⬠response; he calls it ââ¬Å"the fundamental organizing principle of the brain. â⬠Neurons are activated and hormones are released as you seek to learn whether this new entity represents a chance for reward or a potential danger. If the perception is danger, then the response becomes a pure threat response ââ¬â also known as the fight or flight response, the avoid response, and , in its extreme form, the amygdala hijack, named for a part of the limbic system that can be aroused rapidly and in an emotionally overwhelming way.Recently, researchers have documented that the threat response is often triggered in social situations, and it tends to be more intense and longer-lasting than the reward response. Data gathered through measures of brain activity ââ¬â by using fMRI and electroencephalograph (EEG) machines or by gauging hormonal secretions ââ¬â suggests that the same neural responses that drive us toward food or away from predators are triggered by our perception of the way we are treated by other people. These findings are reframing the prevailing view of the role that social drivers play in influencing how humans behave.Matthew Lieberman notes that Abraham Maslowââ¬â¢s ââ¬Å"hierarchy of needsâ⬠theory may have been wrong in this respect. Maslow proposed that strategy + business issue 56 features special report 3 David Rock ([emailà protected] .com) is the founding president of the NeuroLeadership Institute (www. neuroleadership .org). He is also the CEO of Results Coaching Systems, which helps global organizations grow their leadership teams, using brain research as a base for self-awareness and social awareness. He is the author of Your Brain at Work (HarperBusiness, 2009) and Quiet Leadership: Six Steps toTransforming Performance at Work (Collins, 2006). Exhibit 1: Social and Physical Pain Produce Similar Brain Responses Physical hysic cal Pain ain solving; in other words, just when people most need their sophisticated mental capabilities, the brainââ¬â¢s internal resources are taken away from them. The impact of this neural dynamic is often visible in organizations. For example, when leaders trigger a threat response, employeesââ¬â¢ brains become much less efficient. But when leaders make people feel good about themselves, clearly communicate their expectations, give employees latitude to make decisio ns, support peopleââ¬â¢s fforts to build good relationships, and treat the whole organization fairly, it prompts a reward response. Others in the organization become more effective, more open to ideas, and more creative. They notice the kind of information that passes them by when fear or resent- Illustration: Sam tion: Samuel Valasco muel Valasco Source: Eisenberger, Lieberman, and Williams, Science, 2003 (social pain images); Lieberman et al. , ââ¬Å"The Neural Correlates of Placebo Effects: A Disruption Account,â⬠: Lieberman, Science, (social Lieber rman ââ¬Å"The N Neuroimage, May 2004 (physical pain images) mage, 4 features special report Social cial Pain ain Brain scans captured through functional magnetic resonance imaging (fMRI) show the same areas associated with distress, whether caused by rejection or physical pain. cingulate (highlighted social rejection or physical pain. The dorsal anterior cingulate cortex (highlighted at left) is associated with the degree of distress; the right ventral distress. prefrontal cortex (highlighted at right) is associated with regulating the distre ntal ess. humans tend to satisfy their needs in sequence, starting with physical survival and moving up the ladder toward self-actualization at the top. In this hierarchy, social eeds sit in the middle. But many studies now show that the brain equates social needs with survival; for example, being hungry and being ostracized activate similar neural responses. The threat response is both mentally taxing and deadly to the productivity of a person ââ¬â or of an organization. Because this response uses up oxygen and glucose from the blood, they are diverted from other parts of the brain, including the working memory function, which processes new information and ideas. This impairs analytic thinking, creative insight, and problem Neuroscience has discovered that the brain is highly plastic. Even the most ntrenched behaviors can be modified. Status and Its Discont ents Research into the social nature of the brain suggests another piece of this puzzle. Five particular qualities enable employees and executives alike to minimize the threat response and instead enable the reward response. These five social qualities are status, certainty, autonomy, relatedness, and fairness: Because they can be expressed with the acronym SCARF, I sometimes think of them as a kind of headgear that an organization can wear to prevent exposure to dysfunction. To understand how the SCARF model works, letââ¬â¢s look at each characteristic in turn. eatures special report 5 ment makes it difficult to focus their attention. They are less susceptible to burnout because they are able to manage their stress. They feel intrinsically rewarded. Understanding the threat and reward response can also help leaders who are trying to implement large-scale change. The track record of failed efforts to spark higher-perfomance behavior has led many managers to conclude that human na ture is simply intractable: ââ¬Å"You canââ¬â¢t teach an old dog new tricks. â⬠Yet neuroscience has also discovered that the human brain is highly plastic. Neural connections can be reformed, new behaviors can e learned, and even the most entrenched behaviors can be modified at any age. The brain will make these shifts only when it is engaged in mindful attention. This is the state of thought associated with observing oneââ¬â¢s own mental processes (or, in an organization, stepping back to observe the flow of a conversation as it is happening). Mindfulness requires both serenity and concentration; in a threatened state, people are much more likely to be ââ¬Å"mindless. â⬠Their attention is diverted by the threat, and they cannot easily move to self-discovery. In a previous article (ââ¬Å"The Neuroscience ofLeadership,â⬠s+b, Summer 2006), brain scientist Jeffrey Schwartz and I proposed that organizations could marshal mindful attention to create organizatio nal change. They could do this over time by putting in place regular routines in which people would watch the patterns of their thoughts and feelings as they worked and thus develop greater self-awareness. We argued that this was the only way to change organizational behavior; that the ââ¬Å"carrots and sticksâ⬠of incentives (and behavioral psychology) did not work, and that the counseling and empathy of much organizational development was not fficient enough to make a difference. strategy + business issue 56 As humans, we are constantly assessing how social encounters either enhance or diminish our status. Research published by Hidehiko Takahashi et al. in 2009 shows that when people realize that they might compare unfavorably to someone else, the threat response kicks in, releasing cortisol and other stress-related hormones. (Cortisol is an accurate biological marker of the threat response; within the brain, feelings of low status provoke the kind of cortisol elevation asso ciated with sleep deprivation and chronic anxiety. Separately, researcher Michael Marmot, in his book The Status Syndrome: How Social Standing Affects Our Health and Longevity (Times Books, 2004), has shown that high status correlates with human longevity and health, even when factors like income and education are controlled for. In short, we are biologically programmed to care about status because it favors our survival. As anyone who has lived in a modest house in a high-priced neighborhood knows, the feeling of status is always comparative. And an executive with a salary of US$500,000 may feel elevated. . . until he or she is A Craving for Certainty he skills they have acquired, rather than for their seniority, is a status booster in itself. Values have a strong impact on status. An organization that appears to value money and rank more than a basic sense of respect for all employees will stimulate threat responses among employees who arenââ¬â¢t at the top of the heap. Similar ly, organizations that try to pit people against one another on the theory that it will make them work harder reinforce the idea that there are only winners and losers, which undermines the standing of people below the top 10 percent. 6 features special report ssigned to work with an executive making $2. 5 million. A study by Joan Chiao in 2003 found that the neural circuitry that assesses status is similar to that which processes numbers; the circuitry operates even when the stakes are meaningless, which is why winning a board game or being the first off the mark at a green light feels so satisfying. Competing against ourselves in games like solitaire triggers the same circuitry, which may help explain the phenomenal popularity of video games. Understanding the role of status as a core concern can help leaders avoid organizational practices that stir ounterproductive threat responses among employees. For example, performance reviews often provoke a threat response; people being rev iewed feel that the exercise itself encroaches on their status. This makes 360degree reviews, unless extremely participative and welldesigned, ineffective at generating positive behavioral change. Another common status threat is the custom of offering feedback, a standard practice for both managers and coaches. The mere phrase ââ¬Å"Can I give you some advice? â⬠puts people on the defensive because they perceive the person offering advice as claiming superiority.It is the cortisol equivalent of hearing footsteps in the dark. Organizations often assume that the only way to raise an employeeââ¬â¢s status is to award a promotion. Yet status can also be enhanced in less-costly ways. For example, the perception of status increases when people are given praise. Experiments conducted by Keise Izuma in 2008 show that a programmed status-related stimulus, in the form of a computer saying ââ¬Å"good job,â⬠lights up the same reward regions of the brain as a financial windfall. The perception of status also increases when people master a new skill; paying employees more forWhen an individual encounters a familiar situation, his or her brain conserves its own energy by shifting into a kind of automatic pilot: it relies on long-established neural connections in the basal ganglia and motor cortex that have, in effect, hardwired this situation and the individualââ¬â¢s response to it. This makes it easy to do what the person has done in the past, and it frees that person to do two things at once; for example, to talk while driving. But the minute the brain registers ambiguity or confusion ââ¬â if, for example, the car ahead of the driver slams on its brakes ââ¬â the brain flashes an error signal.With the threat response aroused and working memory diminished, the driver must stop talking and shift full attention to the road. Uncertainty registers (in a part of the brain called the anterior cingulate cortex) as an error, gap, or tension: something tha t must be corrected before one can feel comfortable again. That is why people crave certainty. Not knowing what will happen next can be profoundly debilitating because it requires extra neural energy. This diminishes memory, undermines performance, and disengages people from the present. Of course, uncertainty is not necessarily debilitating. Mild ncertainty attracts interest and attention: New and challenging situations create a mild threat response, increasing levels of adrenalin and dopamine just enough to spark curiosity and energize people to solve problems. Moreover, different people respond to uncertainty in the world around them in different ways, depending in part on their existing patterns of thought. For example, when that car ahead stops suddenly, the driver who thinks, ââ¬Å"What should I do? â⬠is likely to be ineffective, whereas the driver who frames the incident as manageable ââ¬â ââ¬Å"I need to swerve left now because thereââ¬â¢s a car on the rightâ ⬠ââ¬â is well equipped to respond.All of life is uncertain; it is the perception of Relating to Relatedness given more control over decision making lived longer and healthier lives than residents in a control group who had everything selected for them. The choices themselves were insignificant; it was the perception of autonomy that mattered. Another study, this time of the franchise industry, identified workââ¬âlife balance as the number one reason that people left corporations and moved into a franchise. Yet other data showed that franchise owners actually worked far longer hours (often for less money) than they had in corporate life.They nevertheless perceived themselves to have a better workââ¬âlife balance because they had greater scope to make their own choices. Leaders who know how to satisfy the need for autonomy among their people can reap substantial benefits ââ¬â without losing their best people to the entrepreneurial ranks. features special report 7 The Autonomy Factor too much uncertainty that undercuts focus and performance. When perceived uncertainty gets out of hand, people panic and make bad decisions. Leaders and managers must thus work to create a perception of certainty to build confident and dedicated eams. Sharing business plans, rationales for change, and accurate maps of an organizationââ¬â¢s structure promotes this perception. Giving specifics about organizational restructuring helps people feel more confident about a plan, and articulating how decisions are made increases trust. Transparent practices are the foundation on which the perception of certainty rests. Breaking complex projects down into small steps can also help create the feeling of certainty. Although itââ¬â¢s highly unlikely everything will go as planned, people function better because the project now seems less ambiguous.Like the driver on the road who has enough information to calculate his or her response, an employee focused on a single, ma nageable aspect of a task is unlikely to be overwhelmed by threat responses. strategy + business issue 56 Studies by Steven Maier at the University of Boulder show that the degree of control available to an animal confronted by stressful situations determines whether or not that stressor undermines the ability to function. Similarly, in an organization, as long as people feel they can execute their own decisions without much oversight, stress remains under control.Because human brains evolved in response to stressors over thousands of years, they are constantly attuned, usually at a subconscious level, to the ways in which social encounters threaten or support the capacity for choice. A perception of reduced autonomy ââ¬â for example, because of being micromanaged ââ¬â can easily generate a threat response. When an employee experiences a lack of control, or agency, his or her perception of uncertainty is also aroused, further raising stress levels. By contrast, the perceptio n of greater autonomy increases the feeling of certainty and reduces stress.Leaders who want to support their peopleââ¬â¢s need for autonomy must give them latitude to make choices, especially when they are part of a team or working with a supervisor. Presenting people with options, or allowing them to organize their own work and set their own hours, provokes a much less stressed response than forcing them to follow rigid instructions and schedules. In 1977, a well-known study of nursing homes by Judith Rodin and Ellen Langer found that residents who were Fruitful collaboration depends on healthy relationships, which require trust and empathy. But in the brain, the bility to feel trust and empathy about others is shaped by whether they are perceived to be part of the same social group. This pattern is visible in many domains: in sports (ââ¬Å"I hate the other teamâ⬠), in organizational silos (ââ¬Å"the ââ¬Ësuitsââ¬â¢ are the problemâ⬠), and in communities (â⬠Å"those people on the other side of town always mess things upâ⬠). Each time a person meets someone new, the brain automatically makes quick friend-or-foe distinctions and then experiences the friends and foes in ways that are colored by those distinctions. When the new person is perceived as different, the information travels along eural pathways that are associated with uncomfortable feelings (different from the neural pathways triggered by people who are perceived as similar to oneself). Leaders who understand this phenomenon will find many ways to apply it in business. For example, teams of diverse people cannot be thrown together. They must be deliberately put together in a way that minimizes the potential for threat responses. Trust cannot be assumed or mandated, nor can empathy or even goodwill be compelled. These qualities develop only when peopleââ¬â¢s brains start to recognize former strangers as friends. This equires time and repeated social interaction. Once peop le make a stronger social connection, their brains begin to secrete a hormone called oxytocin in one anotherââ¬â¢s presence. This chemical, which has been linked with affection, maternal behavior, sexual arousal, and generosity, disarms the threat response and We now have reason to believe that economic incentives are effective only when people perceive them as supporting their social needs. The perception that an event has been unfair generates a strong response in the limbic system, stirring hostility and undermining trust. As with status, people perceive airness in relative terms, feeling more satisfied with a fair exchange that offers a minimal reward than an unfair exchange in which the reward is substantial. Studies conducted by Matthew Lieberman and Golnaz Tabibnia found that people respond more positively to being given 50 cents from a dollar split between them and another person than to receiving $8 out of a total of $25. Another study found that the experience of fairne ss produces reward responses in the brain similar to those that occur from eating chocolate. The cognitive need for fairness is so strong that some people are willing to fight and die for causes hey believe are just ââ¬â or commit themselves wholeheartedly to an organization they recognize as fair. An executive told me he had stayed with his company for 22 years simply because ââ¬Å"they always did the right thing. â⬠People often engage in volunteer work for similar reasons: They perceive their actions as increasing the fairness quotient in the world. In organizations, the perception of unfairness creates an environment in which trust and collaboration cannot flourish. Leaders who play favorites or who appear to reserve privileges for people who are like them arouse a threat response in employees who are outside their circle.The old boysââ¬â¢ network provides an egregious example; those who are not a part of it always perceive their organizations as fundamentally unfai r, no matter how many mentoring programs are put in place. Like certainty, fairness is served by transparency. Leaders who share information in a timely manner can keep people engaged and motivated, even during staff reductions. Morale remains relatively high when people perceive that cutbacks are being handled fairly ââ¬â that no one group is treated with preference and that there is a rationale for every cut. Putting on the SCARF If you are a leader, every action you take and every ecision you make either supports or undermines the perceived levels of status, certainty, autonomy, relatedness, and fairness in your enterprise. In fact, this is why leading is so difficult. Your every word and glance is freighted with social meaning. Your sentences and gestures are noticed and interpreted, magnified and 8 features special report Playing for Fairness further activates the neural networks that permit us to perceive someone as ââ¬Å"just like us. â⬠Research by Michael Kosfeld et al. in 2005 shows that a shot of oxytocin delivered by means of a nasal spray decreases threat arousal.But so may a handshake and a shared glance over something funny. Conversely, the human threat response is aroused when people feel cut off from social interaction. Loneliness and isolation are profoundly stressful. John T. Cacioppo and William Patrick showed in 2008 that loneliness is itself a threat response to lack of social contact, activating the same neurochemicals that flood the system when one is subjected to physical pain. Leaders who strive for inclusion and minimize situations in which people feel rejected create an environment that supports maximum performance. This of course raises a hallenge for organizations: How can they foster relatedness among people who are competing with one another or who may be laid off? strategy + business issue 56 features special report 9 combed for meanings you may never have intended. The SCARF model provides a means of bringing conscio us awareness to all these potentially fraught interactions. It helps alert you to peopleââ¬â¢s core concerns (which they may not even understand themselves) and shows you how to calibrate your words and actions to better effect. Start by reducing the threats inherent in your company and in its leadersââ¬â¢ behavior.Just as the animal brain is wired to respond to a predator before it can focus attention on the hunt for food, so is the social brain wired to respond to dangers that threaten its core concerns before it can perform other functions. Threat always trumps reward because the threat response is strong, immediate, and hard to ignore. Once aroused, it is hard to displace, which is why an unpleasant encounter in traffic on the morning drive to work can distract attention and impair performance all day. Humans cannot think creatively, work well with others, or make informed decisions when their threat responses re on high alert. Skilled leaders understand this and act accor dingly. A business reorganization provides a good example. Reorganizations generate massive amounts of uncertainty, which can paralyze peopleââ¬â¢s ability to perform. A leader attuned to SCARF principles therefore makes reducing the threat of uncertainty the first order of business. For example, a leader might kick off the process by sharing as much information as possible about the reasons for the reorganization, painting a picture of the future company and explaining what the specific implications will be for the people who work there.Much will be unknown, but being clear about what is known and willing to acknowledge what is not goes a long way toward ameliorating uncertainty threats. Reorganizations also stir up threats to autonomy, because people feel they lack control over their future. An astute leader will address these threats by giving people latitude to make as many of their own decisions as possible ââ¬â for example, when the budget must be cut, involving the peo ple closest to the work in deciding what must go. Because many reorganizations entail information technology upgrades that undermine peo- pleââ¬â¢s perception of autonomy by foisting new systems on hem without their consent, it is essential to provide continuous support and solicit employeesââ¬â¢ participation in the design of new systems. Top-down strategic planning is often inimical to SCARF -related reactions. Having a few key leaders come up with a plan and then expecting people to buy into it is a recipe for failure, because it does not take the threat response into account. People rarely support initiatives they had no part in designing; doing so would undermine both autonomy and status. Proactively addressing these concerns by adopting an inclusive planning process can prevent the kind of unconscious sabotage hat results when people feel they have played no part in a change that affects them every day. Leaders often underestimate the importance of addressing threats to fairness. This is especially true when it comes to compensation. Although most people are not motivated primarily by money, they are profoundly de-motivated when they believe they are being unfairly paid or that others are overpaid by comparison. Leaders who recognize fairness as a core concern understand that disproportionately increasing compensation at the top makes it impossible to fully engage people at the middle or lower end of the pay cale. Declaring that a highly paid executive is ââ¬Å"doing a great jobâ⬠is counterproductive in this situation because those who are paid less will interpret it to mean that they are perceived to be poor performers. For years, economists have argued that people will change their behavior if they have sufficient incentives. But these economists have defined incentives almost exclusively in economic terms. We now have reason to believe that economic incentives are effective only when people perceive them as supporting their social needs. Status can also be enhanced by giving an employee reater scope to plan his or her schedule or the chance to develop meaningful relationships with those at different levels in the organization. The SCARF model thus provides leaders with more nuanced and cost-effective ways to expand the definition of reward. In doing so, SCARF principles also provide a more granular understanding of the state of engagement, in which employees give their best performance. Engagement can be induced when people working toward objectives feel rewarded by their efforts, with a manageable level of threat: in short, when the brain is generating rewards in several SCARF-related dimensions.Leaders themselves are not immune to the SCARF and cognitive problem solving reside in the lateral, or outer, portions of the brain, whereas the middle regions support self-awareness, social skills, and empathy. These regions are inversely correlated. As Lieberman notes, ââ¬Å"If you spend a lot of time in cognitive tasks, your ability to have empathy for people is reduced simply because that part of your circuitry doesnââ¬â¢t get much use. â⬠Perhaps the greatest challenge facing leaders of business or government is to create the kind of atmosphere that promotes status, certainty, autonomy, relatedness, and fairness.When historians look back, their judgment of this period in time may rise or fall on how organizations, and society as a whole, operated. Did they treat people fairly, draw people together to solve problems, promote entrepreneurship and autonomy, foster certainty wherever possible, and find ways to raise the perceived status of everyone? If so, the brains of the future will salute them. + Resources Reprint No. 09306 John T. Cacioppo and William Patrick, Loneliness: Human Nature and the Need for Social Connection (W. W. Norton, 2008): A scientific look at the causes and effects of emotional isolation.Michael Marmot, The Status Syndrome: How Social Standing Affects Our Health and L ongevity (Times Books, 2004): An epidemiologist shows that people live longer when they have status, autonomy, and relatedness, even if they lack money. David Rock, Your Brain at Work: Strategies for Overcoming Distraction, Regaining Focus, and Working Smarter All Day Long (HarperBusiness, 2009): Neuroscience explanations for workplace challenges and dilemmas, and strategies for managing them. David Rock and Jeffrey Schwartz, ââ¬Å"The Neuroscience of Leadership,â⬠s+b, Summer 2006, www. strategy-business. om/press/article/06207: Applying breakthroughs in brain research, this article explains the value of neuroplasticity in organizational change. David Rock, ââ¬Å"SCARF: A Brain-based Model for Collaborating with and Influencing Others,â⬠NeuroLeadership Journal, vol. 1, no. 1, December 2008, 44: Overview of research on the five factors described in this article, and contains bibliographic references for research quoted in this article. Naomi Eisenberger and Matthew Lieb erman, with K. D. Williams, ââ¬Å"Does Rejection Hurt? An fMRI Study of Social Exclusion,â⬠Science, vol. 302, no. 643, October 2003, 290ââ¬â292: Covers the Cyberball experiment. Naomi Eisenberger and Matthew Lieberman, ââ¬Å"The Pains and Pleasures of Social Life,â⬠Science, vol. 323, no. 5916, February 2009, 890ââ¬â891: Explication of social pain and social pleasure, and the impact of fairness, status, and autonomy on brain response. NeuroLeadership Institute Web site, www. neuroleadership. org: Institute bringing together research scientists and management experts to explore the transformation of organizational development and performance. For more business thought leadership, sign up for s+b ââ¬â¢s RSS feeds at www. trategy-business. com/rss 10 features special report dynamic; like everyone else, they react when they feel their status, certainty, autonomy, relatedness, and fair treatment are threatened. However, their reactions have more impact, because th ey are picked up and amplified by others throughout the company. (If a companyââ¬â¢s executive salaries are excessive, it may be because others are following the leaderââ¬â¢s intuitive emphasis, driven by subconscious cognition, on anything that adds status. ) If you are an executive leader, the more practiced you are at reading yourself, the more effective you will e. For example, if you understand that micromanaging threatens status and autonomy, you will resist your own impulse to gain certainty by dictating every detail. Instead, youââ¬â¢ll seek to disarm people by giving them latitude to make their own mistakes. If you have felt the hairs on the back of your own neck rise when someone says, ââ¬Å"Can I offer you some feedback? â⬠you will know itââ¬â¢s best to create opportunities for people to do the hard work of self-assessment rather than insisting they depend on performance reviews. When a leader is self-aware, it gives others a feeling f safety even in un certain environments. It makes it easier for employees to focus on their work, which leads to improved performance. The same principle is evident in other groups of mammals, where a skilled pack leader keeps members at peace so they can perform their functions. A self-aware leader modulates his or her behavior to alleviate organizational stress and creates an environment in which motivation and creativity flourish. One great advantage of neuroscience is that it provides hard data to vouch for the efficacy and value of so-called soft skills. It also shows the danger of being a hard-charging eader whose best efforts to move people along also set up a threat response that puts others on guard. Similarly, many leaders try to repress their emotions in order to enhance their leadership presence, but this only confuses people and undermines morale. Experiments by Kevin Ochsner and James Gross show that when someone tries not to let other people see what he or she is feeling, the other part y tends to experience a threat response. Thatââ¬â¢s why being spontaneous is key to creating an authentic leadership presence. This approach is likely to minimize status threats, increase certainty, nd create a sense of relatedness and fairness. Finally, the SCARF model helps explain why intelligence, in itself, isnââ¬â¢t sufficient for a good leader. Matthew Liebermanââ¬â¢s research suggests that high intelligence often corresponds with low self-awareness. The neural networks involved in information holding, planning, strategy+business magazine is published by Booz & Company Inc. To subscribe, visit www. strategy-business. com or call 1-877-829-9108. For more information about Booz & Company, visit www. booz. com Looking Booz & Company Inc. à © 2009 for Booz Allen Hamilton? It can be found at at www. boozallen. com
Wednesday, October 23, 2019
Land Law Notes Essay
Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from the land Law of Property Act 1925 s.62 A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof. ââ¬ËHe who owns the land owns everything up to the sky and down to the depthsââ¬â¢ Unrealistic in modern times ââ¬â pipes underground, aircraft above etc. Bernstein v Skyviews & General Ltd 1978 QB: Establishes that a landowner doesnââ¬â¢t have unqualified rights over the airspace of his land. Fixtures and Fittings Law of Property Act 1926 s.62 ââ¬ËWhatever is fixed to the land becomes part of the landââ¬â¢ Holland v Hodgson 1872 LR 7CP 328: Looms were fixtures as they were attached to the floor by nails, not just their own weight. If an article is annexed to the land by something more than its own weight, itââ¬â¢s a fixture, therefore part of the land. Elitestone v Morris 1997: Bungalow couldnââ¬â¢t be removed without its destruction. An objective test to determine whether the object was intended for the use or enjoyment of the land, or for the more convenient use of the object itself. General principle: whether an object is part of the land is determined byâ⬠¦ a) The physical degree of annexation Chelsea Yacht & Boat Co v Pope 2000 1WLR 1941: Boat on a river was a chattel not a fixture b) The purpose of the annexation: for better enjoyment of the land or for the better enjoyment of the chattel? Leigh v Taylor 1902 AC 157: These tapestries were works of art, but could be removed without causing structural damage. Therefore they were chattels not fixtures. Re Whaley 1908 1Ch 615: These tapestries were hung as to create the effect of an Elizabethan dwelling house, therefore they were fixtures. Relevance? Buyer: Taylor v Hamer 2002 EWCA Civ 1130: The Court decided that the flagstones were fixtures, and suggested that a seller is not allowed to remove fixtures without informing the buyer if there is a possibility that the buyer expects the fixtures to be included in the sale. Mortgage lender: Botham v TSB 1996 EGCS 149: The bank applied to the High Court to decide if certain everyday articles in the borrowerââ¬â¢s flat were ââ¬Ëfixturesââ¬â¢ and therefore were subject to the bankââ¬â¢s mortgage, so it could sell them as mortgagee. Taxation: Melluish v BMI 1996 AC 454 Landlord and tenant: A tenant has the right to remove ââ¬Ëtenants fixtures and fittingsââ¬â¢ at the end of the tenancy: Young v Dalgety 1987 1 EGLR 116: A better definition of a tenantââ¬â¢s fixture is any item which is properly legally identifiable as a fixture and which was installed and continues to be removable by the tenant, is a tenantââ¬â¢s fixture. Spyer v Phillipson 1929 2 Ch 183: So long as the chattel could be removed without doing irreparable damage to the demised premises, neither the method of attachment nor the degree of annexation, nor the quantum of damage that would be done either to the chattel itself or to the demised premises by the removal, had any bearing on the right of the tenant to remove it. Wessex Reserve Forces and Cadets Association v White 2005 EWHC 983: landlordââ¬â¢s intention here to ââ¬Ëdemolishââ¬â¢ the premises only led to its aspirations of regaining possession being ââ¬Ëflattenedââ¬â¢ when the court held that (objectively) the landlordââ¬â¢s (subjective) intention could not be implemented and that, in any event, the landlord would not require possession of the premises to carry out the proposed works. Ownership of things found on the land. Parker v British Airways Board 1982 QB 1004: court decided that the finder of a gold bracelet in a public area of British Airways was entitled to possess it against the whole world save the true owner. An occupier of a building has rights superior to those of a finder over chattels on or in, but not attached to, that building if, before the chattel is found, he has manifested an intention to exercise control over the building and the things which may be on or in it. Bridges v Hawkesworth 1851: The finder of a lost article is entitled to it as against all but the true owner. Waverley BC v Fletcher 1996 QB 334: owner or lawful possessor of land owned all that was in or attached to it. Local authority which owned a public open space had a right SUPERIOR to Finder to things found in the ground of that open space and was entitled to possess them against all but the rightful owner. Buried Treasure Treasure Act 1996 s.1(1) Defines what treasure is s.4(1) When treasure is found, it vests, subject to prior interest and rightsâ⬠¦in the Crownâ⬠¦ s.8(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found (within 14 days) s.8(3) Any person who fails to comply with subsection (1) is guilty of an offenceâ⬠¦ s.10 Payment of rewards
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