Tele Education Essays (7724 words) - Distance Education,

Tele Education 1.0 INTRODUCTION 1.1 Background of Tele-education Tele-education has a long history beginning with systems like that for teaching children in Australian Outback, the British Open University and other such organizations. These built on the idea of correspondence courses where course materials are sent periodically by post and augmented the experience with broadcasts either on radio or on TV. The problem of student isolation was addressed partially through techniques such as telephone access or two-way radio links with teachers. At the end of 1980s, the vest majority of distance education throughout the worlds was still primarily print-based. Technologies used for distance education are evolving from primarily ?one-way' technologies and applications such as computer aided learning, computer based training and computer aided instruction, to more ?two-way' technologies and applications such as computer mediated communications and computer conferencing systems for education. The significance of ?two-way' technologies is that they allow foe interaction between participant and tutors, and perhaps even more significantly amongst participant themselves. This development has allowed and in some senses force researches to look more closely at the impact of educational environment, on the students learning experience. In the future, it is expected that the telecommunications-based technologies to become the primary means of delivery of distance teaching. The reasons for this are as follows: a much wider range of technologies are becoming more accessible to potential distance education participants the costs of technological delivery are dropping dramatically the technology is becoming easier to use for both tutors and learners the technology is becoming more powerful pedagogically education centers will find it increasingly difficult to resist the political and social pressures of the technological imperatives. 1.2 The Emergence of Tele-education Radical changes in the computing infrastructure, spurred by multimedia computing and communication, will do more than extend the educational system, that is revolutionize it. Technological advances will make classrooms mush more accessible and effective. Today, classroom education dominates instruction from elementary school to graduate school. This method has remained popular for a very long time and will probably persist as the most common mode of education. However, classroom education has its problems, that is the effectiveness decline with increase in the number of students per class. Other pressures affect the instructors, many of whom are not experts in the material they must teach, are not good ?performers' in class, or simply are not interested in teaching. The biggest limitation of the classroom instruction is that a class meets at a particular time in a particular place. This essentially requires all students and the instructors to collect in one spot for their specified period. But with the emerging technology, these problems can be overcome. 1.3 Reasons for studying Tele-education The current Tele-education systems that have been applied in some countries are generally of multipoint transmission technique. It is found that, this kind of transmission technique having several problems or defects. Mostly, problems raised during the application of the system. One of the significant problems raised is that, for the multipoint transmission, the signals or information transmitted by the sender do not completely received by the receiver. This problem is might be due to error that occurs during the transmission of the signals or information. Another problem is lag of transmission. For this case, the signals or information transmitted do not arrive at all the receiver at the same time, for example, the question raised by the lecturer might not received by the students at the same time and this is not a good environment for Tele-education system. Some receiver receives the signals earlier than the others and some later or even not receives at all. Therefore, it is important to study the Tele-education technology from time to time to overcome these problems so that the Tele-education system could provide a more effective way of learning environment. In order to have a lecture from, for example, a very famous professor from other country would require him to come at our place. But the amount of money spent for paying him to give lecture would be very expensive and this also would cause troublesome for him. However, this problem can be solved with Tele-education system in which the professor does not need to go anywhere else to give his lecture. This would save a lot of expenses and time. Another reason is that, in normal classes the learning process would not be very effective if the number of students in a class is very big. This is because the lecturer alone can not coordinate such a large class. With Tele-education system, one lecturer could deliver

Can torture ever be admissible Essays

Can torture ever be admissible Essays Can torture ever be admissible Essay Can torture ever be admissible Essay Torture has been used as an instrument to crush the will of the enemy through millennia. The intensity and bitterness it has created has through the ages, evoked public outcries; to no avail. The 21st Century has begun with the world’s only Super Power using torture in the war against terror, which has justifiably sent shock waves throughout civilized societies. The issue of use of torture as an instrument of State policy is being hotly debated from the pragmatic, legal, philosophical and religious perspective.The thorny issue of torture as an instrument of State policy to extract information and use it as a tool to interrogate potentially dangerous terrorists or bad elements in society has come into sharp focus in the aftermath of horrendous images in the international media of Guantanamo Bay, Cuba and Abu Ghraib prison, Iraq. That Americans, the conscience keepers of nations, were involved in acts of utter barbarity has shocked the world. Religious and human rights groups ha ve made common cause to enlighten the ‘enlightened’ of the inherent danger of letting loose terror as an instrument of State policy. A fiery debate rages.According to Scott Allen, M.D. of Physicians for Human Rights, torture has led to false and misleading testimony with devastating consequences. â€Å"The idea that torture yields reliable information is highly questionable as victims will often say whatever it is they think their interrogators want to hear to stop the torture†.In a brilliant expose of the apologists of torture, Kenneth S. Pope in a chapter titled Torture,† in the Encyclopedia of Women and Gender: Sex Similarities and Differences and the Impact of Society on Gender, edited by Judith Worell and published by Academic Press, has listed and countered every argument of the apologists of torture.The most common strategies of accommodation, acceptance, or justification of torture rely on:i.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   State authority and formal or ders: The UN Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, states, â€Å"An order from a superior officer or a public authority may not be invoked as a justification of torture.ii.  Ã‚  Ã‚  Ã‚  Ã‚   Use of abstraction and linguistic transformation: The horrors of torture can be obscured by achieving a sufficient level of abstraction, euphemism, and other forms of linguistic transformation. Repeatedly in the Nuremberg trials, the most heinous forms of torture carried out by Nazi doctors, concentration camp guards, soldiers, and others were characterized dismissively by the defendants as medical matters.iii.  Ã‚  Ã‚   They dont count: This strategy creates the illusion that the people targeted for torture are not actually people but rather genetic or cultural trash, of no inherent importance.iv.  Ã‚  Ã‚   Justice is possible only when those who have caused great suffering are made to endure great suffering: Torture is seen as righteo us and well-deserved revenge. In some instances, this is portrayed as an eye for an eye philosophy.v.  Ã‚  Ã‚  Ã‚  Ã‚   Torture is appropriate not because of what people have done but because of what they will, might, or can do.vi.  Ã‚  Ã‚   Torturers as the relatively helpless victims of external forces beyond their control.vii.   The most common rationales for engaging in torture are to obtain information that supposedly could not be gathered by other means. Those supporting torture may claim that subjecting an individual to a relatively brief experience of torture may be necessary for a greater good: preventing the loss of a great many lives.viii.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Those who are aware of torture may come to accept its presence in their community or state by viewing it as something that is none of their business.ix.  Ã‚  Ã‚   One of the bluntest ways that people can accommodate torture in their midst is to deny that it exists, usually by dismissing an y signs, reports, or evidence of torture as lies, exaggerations, or mistakes.Pope has cautioned that while â€Å"understanding and preventing torture requires countering effectively the strategies of acceptance, accommodation, and justification, they may well carry special appeal in the context of inertia, noninvolvement, and the costs of recognizing tortures realities†.Pope has quoted Harvard psychiatrist Judith Herman:It is very tempting to take the side of the perpetrator. All the perpetrator asks is that the bystander do nothing. He appeals to the universal desire to see, hear, and speak no evil. The victim, on the contrary, asks the bystander to share the burden of pain. The victim demands action, engagement, and remembering.Pope has raised two pertinent questions: What are we doing to understand and prevent torture and help its victims? If we are not doing all we can, why?Democrat Patrick Leahy, US Senator from Vermont, in an article titled, â€Å"There is no justifica tion for torture† published in the Boston Globe of June 28, 2004, has rebuffed arguments centering on necessity and self-defense as justifications for torture.If torture is justified to obtain information from a suspected terrorist, why not from his wife or children? Do we really want to usher in a new world that justifies inhumane, immoral and cruel treatment as any means to an end? We must reject the dangerous notion that torture can be legally justified.†Amoral pragmatism should be shunned. The question each one of us should ask ourselves is: Can our country adopt the high moral ground against another if it uses torture to gather information? It would not be inappropriate to muster an array of quotations from philosophers and thinkers, good souls, who have left an indelible imprint on history and whose thoughts have the power to raise sunken spirits.The degree of civilization in a society can be judged by entering its prisons (Fyodor Dostoyevsky).Never do anything aga inst conscience even if the state demands it (Albert Einstein).To sin is a human business, to justify sins is a devilish business (Leo Nikolaevich Tolstoy).Liberty has never come from the government. Liberty has always come from the subjects of government. The history of liberty is the history of resistance. The history of liberty is a history of the limitation of governmental power, not the increase of it (Woodrow Wilson).In the light of the foregoing, only an insane voice would plead for the admissibility of torture as a deliberate instrument of State policy.Scott Allen in a question-answer session hosted by Amnesty International described the symptoms of torture on victims as depression, anxiety, difficulty with concentration and memory, hypersensitivity to external stimuli, hallucinations and perceptual distortions. â€Å"In severe cases, these symptoms can lead to personality changes that can interfere with daily function and the maintenance of social and intimate relationship s. Persistence of symptoms and recovery can vary widely from case to case, but often may take years and even decades.†Torture, says Scott Allen, is clearly dehumanizing and damaging to the victim, but it can be just as damaging to the mental well being of the torturer.Here it would be appropriate to quote Booker T. Washington, â€Å"You cant hold a man down without staying down with him.†And Friedrich Nietzche: â€Å"Whoever fights monsters should see to it that in the process he does not become a monster. And when you look into an abyss, the abyss also looks into you†.Pope Johan Paul II has written:The thought of Jesus being stripped, beaten and derided until his final agony on the cross should always prompt a Christian to protest against similar treatment of their fellow beings. Of their own accord, disciples of Christ will reject torture, which nothing can justify, which causes humiliation and suffering to the victim and degrades the tormentor.George Hunsinger , professor at Princeton Seminary, and a leading voice in the Presbyterian movement to oppose torture, delivered a pointed sermon in 2006 in response to theologian and Nazi fighter Dietrich Bonhoeffer’s eye-opening question, Who is Jesus Christ for us today?   Hunsinger’s answer is that Christ today is found among the victims of U.S. torture (www.generousorthodoxy.net).He has quoted from the Holy Scripture: â€Å"Remember those who are in prison, as though you were in prison with them; those who are being tortured, as though you yourselves were being tortured (Heb. 13:3)†.He closes with an interpretation of I John 4:20:   Those who say, I love God, and torture their brothers or sisters, are liars; for those who torture a brother or sister whom they have seen, cannot love God whom they have not seen; and the same holds true for those who turn a blind eye to torture or otherwise condone it.No religion condones torture.Hinduism: This is the sum of duty: Do naug ht unto others which would cause you pain if done to you (Mahabharata).Islam: No one of you is a believer until he desires for his brother what which he desires for himself (Sunnah).Buddhism: Hurt not others in ways that you yourself would find hurtful (Udana Varga).Judaism: What is hateful to you, do not to your fellowmen. That is the entire Law; all the rest is commentary (Talmud).Zoroastrianism: That nature alone is good which refrains from doing unto another whatsoever is not good for itself (Dadistan-i-dinik).Torture is the very essence of evil. Sooner of later, woe would befall a society that condones torture. Here three quotations are appropriate and self-explanatory:The government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself, it invites anarchy. To declare that the end justifies the means, to declare that the government may commit crimes, would bring terrible retribution (Justice Louis D. Brandeis).Give government the weapons to fight your enemy and it will use them against you (Harry Browne).A nation of sheep will beget a government of wolves (Edward R. Murrow).Skeptics, who entertain apologists of torture, have no place in civilized society.

The subject is leadership and the research about King Fahad, the king Paper

The subject is leadership and the about King Fahad, the king of Saudi Arabia - Research Paper Example Being a leader and the king of Saudi Arabia, Fahad had a dual responsibility to grow and arrange a culture of selflessness. He had to perform his work selflessly and the greatest challenge is that he had to convince his subjects to work selflessly for their own benefits and for the country too. King Fahad backed the United Nations at some point offering 5.5% of the national income of Saudi Arabia through many funds such as OPEC and Saudi funds for the purposes of international development (Weston 67). Due to his good leadership qualities and selflessness, he also offered aid to foreign groups like Nicaraguan Contras and Bosnian Muslims in the early wars of Yugoslavia (Nasser and Esber 83). He had also supported the Palestinians in various ways. King Fahad commonly took time to determine the way he would communicate with his people. Most of the Arabians became loyal to him due to the developments initiated by him and for always taking the time to inspire his subjects to work hard (Mor dechai 45). The King himself sought to tackle corruption by seeking to instill discipline in line with Islamic laws. The kingdom, under his leadership witnessed astronomical growth in the education sector, infrastructure and economic development. He realized how much backward his kingdom was in terms of literacy level and sought not to educate only close members of his family but looked beyond familial relations seeking to develop the entire kingdom. Even in anger, the king appeared composed and expressed his views confidently. When Saddam Hussein attacked Kuwait, Fahad urged the Americans to help in evicting Iraq from neighboring Kuwait. He did this considering the welfare of the Kuwaiti while at the same time opposing the breakup of Iraq which was the aggressor as noted by Sicherman (par 9). Many people in the world normally follow an assertive leader. Assertiveness in a hostile environment for the sake of the protection of the Saudi monarchy is perhaps one of the greatest tactics that the leader has demonstrated. While keeping a watchful eye on the developments of the world around, the King was been able to ensure that the massive natural resources enjoyed by the kingdom did not turn into a curse like it commonly happens. In spite of facing numerous challenges with respect to military organization and the use of oil resources, King Fahad remained firm in raising the country’s annual budget to about 55 billion USD. In doing so, he ensured that the military got a generous share of the budget allocation considering the volatile situation if the Middle East at that time. Furthermore, he struggled against the wishes of other major oil producers to protect the interests of consumers. In order to accomplish this goal, he directed the use of the country’s oil reserves to supply the produce to countries such as the United States of America and Canada. Countries struggling with handling greed and selfish interests from various quarters must apply assert iveness as demonstrated by this great leader. Fahad inquired much about how he could help develop his kingdom. He realized that the country needed to implement a government scholarship program to help men and women of Saudi Arabia further their studies in western universities both for postgraduate and undergraduate studies. In spite of criticism in taking this measure, he made the decision to implement the program

An outline marketing plan for the next year for Atlantic Quench302 Essay

An outline marketing plan for the next year for Atlantic Quench302 - Essay Example marketing plan for the company has been developed based on achieving a differentiation competitive advantage by launching a new product in new markets. Although the competitive nature of the juice and nectar segment makes the selected process a risky affair but considering the position of other big brands in the market Atlantic Quench have to act fast and in a steady manner. The marketing plan for Atlantic Quench has the primary objective of getting a jump start by selling 3340000 units of their new product in the target markets i.e. UK, As Atlantic Quench have already created an alliance with Gerber their distribution channel is supported. Moreover, the variety in the product base and the health conscious products of Atlantic Quench will attract consumers towards them. The brand awareness process of Atlantic Quench will be based on their promotional activities with the help of television, leaflet distribution and online advertisements. Also creating alliances and mergers with local distribution channels will help the company to get in direct touch with their consumer base and understand their needs and requirements. It can be observed that the marketing planning process of Atlantic Quench has been designed in a manner so that all the functional aspects are inter-connected and aligned with the overall aim of the business plan. Following the implications of the marketing plan, the budget has been developed which fulfils the necessity of generating a jumpstart for the new product in the target market. The budget development process will also be used for controlling and monitoring the entire marketing planning process by focusing on performance of individual variables of the budget. Global market forces like changing customer’s preference, consolidation and the impact of increased government regulation in business strategy has drives out an incessant evolution in beverage and food industry (Brodie and Danaher, 2000). Non alcoholic beverage like, fruit juice, tea,

The perspectives of Middle East World to The Crusades and their resist Essay

The perspectives of Middle East World to The Crusades and their resist process - Essay Example For the reason of the resistance, the Muslims started a strong opposing force that was very much objected to the rise of the Christian dominance in the areas of Jerusalem and other cities. In 1095 when the first crusade was held, the Christians focused on the invading the places that they counted important in their history of their religion throughout time. The Muslims in Jerusalem perceived the Christian move as an invasion that was irritating and that needed to be curbed and they raised a force that resisted the impact of the Christian crusaders. When the Christians found that the Muslims had objected to their occupation, they found that they raised a force to advance their occupation and asked for military assistance from their home countries that could help them to conquer the Muslims. On the other hand, the Muslims formed a force that had would help them to oppose the forces of the Christians and reclaim what was almost taken away from them. In the process, there were negative perspective that led to develop an enmity between the two religions within the area and this led to a constant struggle against each other (Claster, 2009). The Muslims perceived the Christians as people who wanted to impose political, economic and social impacts into the culture of the Arabs and the population of the Middle East, which had very different systems in place. The people of Middle East believed that the way the crusaders had influenced the Western Europe could happen to them if they allowed their region to be dominated by the Christians. This made the Muslims to object the move of the Christians to occupy the place they perceived as theirs and made the condition unbearable to them so that the Christians had to devise different ways that occupy the place (Claster, 2009). When some western Christians entered the Middle East, they came as merchants who had a force that threatened the

Impact of Consumer Credit Laws

Impact of Consumer Credit Laws In today’s consumer based society, the need for credit is undoubted. More and more individuals and organisations are reliant upon credit to undertake their day to day activities, thus the role of credit in society has magnified in unmeasurable amounts. There are also more personal credit products available on the market than when the original Consumer Credit Act 1974 was drawn up, thus there is more of a need to regulate these products and the relationships between creditor and debtor in order to avoid any unfair conduct on the part of either party. As the Government White Paper suggests: The laws governing this market were set out a generation ago. In 1971, there was only one credit card available; now there are 1,300. 30 years ago,  £32m was owed on credit cards; now it is over  £49bn. The regulatory structure that was put in place then is not the same as the regulatory structure required today. As the credit market has developed, reforms have become necessary to modernise the current regime and update it for the 21st century.[1] This evidence clearly supports the idea that the previous rules governing consumer credit relationships are significantly outmoded and outdated, and are in dire need of updating and reworking to meet the needs of a modern society. The nature of the relationship between a debtor and their creditor or supplier has subsequently become more complex and legalistic, and requires rules that govern these specific relationships without relying upon the general principles that can be found in, say, the Unfair Terms in Consumer Contracts Regulations 1999, which will be discussed in more detail in due course. This brief intends to consider the new provisions of the Consumer Credit Act 2006 and determine whether this legislation goes too far in protecting the rights of debtors, as opposed to the rights of creditors and suppliers. These conclusions will be drawn based upon consideration of the primary legislation, including the previous Consumer Credit Act 1974, as well as the apparent diverse and conflicting nature of secondary sources on this issue. It appears that a number of viewpoints could be explored, and this brief intends to do just that in order to arrive at the most appropriate conclusion. The Government had already completed a review of the 1974 Act in its White Paper, which will be discussed shortly. This Paper identified key areas where the law was not protecting the rights of consumers, and often allowed credit companies to take advantage of vulnerable individuals in order to rise to the top of what has effectively become a crowded and cut-throat marketplace. Each company is trying to sell its product to consumers, each trying to maximise the revenue it can make from it. In order to avoid innocent Britons from being exploited by unregulated corporations, the Government commission its review into the Consumer Credit Act 1974 before drafting the Consumer Credit Act 2006, in order to ensure that the new law was going to address the most salient of concerns of con sumers. It was also important to define who should be afforded protection under the new law. Should it be aimed at the general British consumer, or should it have specifications that restrict who could rely upon these provisions based upon certain socio-economic factors? This is where this report will begin. Perhaps the best place to begin would be to continue considering the DTI’s White Paper on consumer credit in the 21st century. While it does not consider the current Consumer Credit Act 2006 in express terms due to its publication several years before its enactment, it does highlight the perceived inadequacies of the then existing consumer credit protections of the Consumer Credit Act 1974. Firstly, it appears that the Government is concerned with establishing a transparent marketplace that prevents debtors from being taken advantage of by creditors and suppliers. It plans to accomplish this by having clear and effective regulations in place to govern the use of advertising in selling credit products.[2] This intends to address the inadequacies provided not only by the 1974 Act, but also by the Consumer Credit (Advertisements) Regulations 1989 due to the recently explosive nature of consumer credit products and contracts. The rationale behind such a move by the government can only be suggested to attempt to protect the consumer against any deceptive or misleading conduct by creditors through advertising promotional campaigns that could unduly influence them into entering into consumer credit contracts which do not specifically cater for their needs or financial situations. This would be consistent with the notion that the intention of the 2006 Act is to protect the consumer/debtor more so than the creditor, due to their more vulnerable position in the marketplace. Quite obviously, disparity does exist between the negotiation and contractual powers of debtors and creditors, and thus the intention of the Government is to create a more level playing field, allowing them to do business in a manner which is not only legal, but also moral and ethical. Another way the Government claimed this will be done in its White Paper was through standardisation of the form of consumer credit contracts.[3] This would, theoretically, ensure that there are minimal difference s between the standard terms of a consumer credit contract regardless of who the credit provider was, and regardless of what the actual lending product was. Again, this clearly is intended to protect the debtor more so than the creditor, given the disparity in contractual and negotiation abilities and resources available to the two parties. The Government even intends to reflect the changes in the way we contract that have come into existence since the 1974 Act, including online contracts. The rationale behind this is that the use of the internet in contractual dealings can often lead to an increased possibility of fraud on the part of either party.[4] What this means is that one could quite possibly enter into a contractual agreement through an online method without going through the full stringent identity criteria as they might be required to if they were personally entering into this agreement at, say, a bank. Normally a 100-point ID check, or similar procedure, may be used or r elied upon by a creditor in order to ensure that they were dealing with the person whose name appears on the contractual documents. However, this may also extend to a debtor where the reliability of the credit provider could not be ascertained. This protection would then effectively protect both the creditor and debtor to ensure that the contract was reliable, and that the correct person or entity was included as a party to the agreement. Perhaps the most important aspect of the Government White Paper regarding consumer credit contracts is the introduction of more stringent licensing criteria for credit providers. The Government’s hope, in 2003, was that the reform to the consumer credit laws would give the Office of Fair Trading more power to investigate credit providers to ensure that they were complying with the terms of the license granted upon them. Previously, the DTI claimed that the tests that a credit provider was required to pass to gain a license only determined whether they initially met these criteria, and did not illustrate whether they continued to meet the criteria, and thus remain fit to provide credit to consumers.[5] This would, theoretically, maintain the integrity of the consumer credit industry, making it much safer for consumers to deal in the sometimes overwhelming credit market. Again, this appears to be protecting the consumer’s interests more so than those of the credit supplie r. The DTI has identified a number of areas that the Consumer Credit Act 1974 was lax in upholding and protecting in the interests of consumer credit, and it would appear that, based upon the general consensus of this White Paper (a fundamental research document that highlights the Government’s intention in reforming particular laws) that the DTI is more concerned about consumers being taken advantage of due to developments in the credit market that tend to fall outside the scope of the 1974 Act. This is mainly due to social and technological advances that were not within comprehension at the time the 1974 Act came into enforcement and a lack of reform since that time. However, while the shortfalls of the Act have been duly illustrated by the DTI, what if a consumer continues to have a problem with a credit contract? To what institution do they turn to exercise their right of redress? The DTI uses its White Paper to harangue the idea of the Financial Ombudsman Service being e mpowered to investigate contractual dispute involving consumer credit. This would create an alternative dispute resolution pathway that may ultimately avoid the pomposity, risk and financial burden that was previously required in order to take a matter to court. Rather, this would make the dispute resolution procedure much more appealing and affordable to a consumer, giving them more opportunity to vindicate their legal rights where they might otherwise be precluded from doing so due to pressing financial commitments. This does gear itself towards the consumer more so than the creditor, as a credit providing company would presumably have a greater access to legal expertise and resources by comparison to the individual person, thus the DTI found it prudent to address the shortfalls of the 1974 Act in protecting individual debtors. While these have all been appropriately illustrated by the DTI’s White Paper, it is important to note that this was simply and analysis of the 1974 Act in conjunction with today’s developing credit-based society, and does not in itself give rise to any legal effect. It does, however, point out the reasons behind the Government’s wish to reform consumer credit laws, and gives one a way to measure the effectiveness of the now enacted Consumer Credit Act 2006 by applying these criteria. It is now important to consider the express provisions of this Act in order to determine whether these shortfalls identified by the DTI have been adequately addressed and protected by the new Act. Before considering the possible codification of the DTI’s discussion in the Consumer Credit Act 2006, it is important to establish the scope of application for this Act. It does not apply to businesses or corporations who enter into consumer credit contracts solely for business purposes. Rather, it serves to protect individuals that may be at less of a negotiation or contracting position than what a business would which may have access to virtually unlimited capital. The 2006 Act defines an ‘individual’ as: (a) a partnership consisting of two or three persons not all of whom are bodies corporate; and (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.[6] The inclusion of these two categories as ‘individuals’ for the purposes of the Act gives more people protection under the Act than what may have been afforded otherwise under the 1974 Act, thus ensuring more consumers are protected. It clearly precludes large businesses and corporations from seeking protection under the Act, thus ensuring that only those who may not necessarily be able to provide their own legal protection are protected by law from being taken advantage of. Additionally, section 2 of the 2006 Act removes the previously existing financial limits for protection under the Act ( £25,000)[7] thus broadening the scope of application, however section 3 excludes consumers with a ‘high net worth’ from also obtaining protection under the Act, which subsequently re-limits the scope of application to those consumers who really are in need of consumer protection. The presence of these provisions in the 2006 Act suggests that the intention of the Act is to provide protection for those that may otherwise be at a disability to do so of their own will and accord. One of the most important changes that the 2006 Act has made to consumer credit regulation is the ability of a court to now hear matters relating to unfair credit relationships. The powers of the court in such circumstances have been defined, as have the procedural requirements for bringing such a matter before a court.[8] Under the newly amended sections of the 1974 Act, a court must have regard for the following factors when adjudicating on the issue of an unfair relationship: (a) any of the terms of the agreement or of any related agreement; (b) the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; (c) any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).[9] Additionally, the remedies available to the court include: (a) require the creditor, or any associate or former associate of his, to repay (in whole or in part) any sum paid by the debtor or by a surety by virtue of the agreement or any related agreement (whether paid to the creditor, the associate or the former associate or to any other person); (b) require the creditor, or any associate or former associate of his, to do or not to do (or to cease doing) anything specified in the order in connection with the agreement or any related agreement; (c) reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement; (d) direct the return to a surety of any property provided by him for the purposes of a security; (e) otherwise set aside (in whole or in part) any duty imposed on the debtor or on a surety by virtue of the agreement or any related agreement; (f) alter the terms of the agreement or of any related agreement; (g) direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons.[10] Essentially these provisions allow a debtor to challenge a consumer credit contract on the basis of it being ‘unfair’ to them, and empower a court to take remedial action where the law was previously vague and uncertain. It affords the debtor further protection from a creditor, given them a clear indication of their rights where they believe they have fallen victim to unfair conduct. It may serve to exonerate them from a contract they were having difficulty to adhering to because the terms were quite clearly outside their ability to keep to, or similar arguments. While this does not fall under the jurisdiction of the Ombudsman, which will be discussed shortly, it still allows a debtor to seek protection from the law from a consumer credit contract that they must have otherwise been contractually obliged to perform. This does not suggest that avoidance of a contract under these provisions is easier by any means as just cause still needs to be shown pursuant to the rules a nd principles of evidence and court, however there is no disputing the fact that this statutory remedy is available to those who are in dire need of exercising it where a contract can be construed as being unfair. Unfairness may result from the terms of the contract itself, or from any conduct by the creditor arising after the commencement of the agreement, thus this legislation appears to be catering more for the debtor than the creditor. These provisions specifically cover, in their express terms, any unfairness arising from the conduct of the creditor, as does not relate to the debtor as such. When viewed in conjunction with the application and definition provisions outlined above, it is clear that this law only intends to serve the individual, and not the creditor. In addition to the ‘unfair relationship’ protection through the courts afforded to debtors by the introduction of the 2006 Act, it also contains an alternative dispute resolution pathway that can often avoid a long and arduous litigation process. Sections 59-61 of the Consumer Credit Act 2006 confer powers upon the Financial Services Ombudsman to hear any disputes that involve licensed persons (i.e. a credit provider company licensed under the 2006 Act, which will be discussed shortly), and will also bind these license holders to abide by any decisions made by the FSO in accordance with Schedule 2. Section 59 of the Act requires that any person holding a license to provide consumer credit must submit to the jurisdiction of the Financial Ombudsman Service in order to resolve any disputes which the FOS is empowered by the Act to hear. In order for the dispute to fall within the scope of the jurisdiction of the FOS, it must meet the eligibility criteria outlined in the new section 226A of the Financial Services and Markets Act 2000 (inserted by the 2006 Act), which are: (a) the complainant is eligible and wishes to have the complaint dealt with under the scheme; (b) the complaint falls within a description specified in consumer credit rules; (c) at the time of the act or omission the respondent was the licensee under a standard licence or was authorised to carry on an activity by virtue of section 34A of the Consumer Credit Act 1974; (d) the act or omission occurred in the course of a business being carried on by the respondent which was of a type mentioned in subsection (3); (e) at the time of the act or omission that type of business was specified in an order made by the Secretary of State; and (f) the complaint cannot be dealt with under the compulsory jurisdiction.[11] Essentially, if the complaint is one that falls under the compulsory jurisdiction of the Financial Ombudsman Service that is granted under section 226 of the Financial Services and Markets Act 2000, then it will not fall under the new consumer credit power. The presence of these provisions makes it more effective and less costly for an aggrieved person to raise a dispute with a consumer credit contract that they have entered, which can (and most likely will) avoid the matter proceeding before a court. This makes the dispute resolution process more accessible for individual persons that may not have otherwise had the available funds to commence a legal action in court. Finally, the other main practical change that the Consumer Credit Act 2006 has made to credit law is the introduction of more stringent licensing criteria for businesses and companies wanting to enter the market to sell credit products to consumers. Section 38 of the 2006 Act inserts a provision in the 1974 Act at section 33A which empowers the Office of Fair Trading to make regulations that will govern the distribution of licenses to these parties. This allows the Government the flexibility to adapt the regulations to address the changing social climate in a way that the broad framework of the 1974 Act could not. This would, then, allow the Government to impose regulations on advertising and other consumer interaction which may otherwise escape the broad legal framework of legislation. Additionally, section 44-46 of the 2006 Act specify requirements in relation to the provision of licensing assessment information (and changes thereof) by license applicants to the OFT, which allows t he OFT to make a continual assessment as to the fitness of a party to hold a credit provision license. This was one of the key shortfalls that the White Paper suggested, and appears to have been addressed adequately in the new law. Civil penalties of up to  £50,000 now apply if a licensed person or business fails to comply with the conditions of its credit provision license.[12] Finally, an appeals system has been established by sections 55-58 of the 2006 Act which allow for appeals against a decision by the OFT to grant a license to an applicant, which gives rise to a method of review via the newly established Consumer Credit Appeals Tribunal. This provides for an administrative review of the decisions handed down by the OFT in relation to their licensing and regulative powers within the Act, which may be able to be judicially reviewed by the Court of Appeal with the leave of the Court (on questions of law, not fact).[13] This appeal procedure again appears to be consistent with the notion that the rationale of the Consumer Credit Act 2006 is to protect the rights and interests of debtors as opposed to those of creditors and suppliers. It appears that the idea of this Act is to saturate the market with new regulations that control the way creditors enter into consumer credit contracts with their debtors, and does not necessarily cater for the needs of creditors as such. In conclusion, it would appear that the Consumer Credit Act 2006 caters more so for the rights and interests of debtors than those of creditors, however it would be difficult to maintain an argument to suggest that the law goes too far in protecting these rights. The Government White Paper identified a number of salient points that the 1974 Act did not address, and the Government has appeared to have legislated accordingly. Given that the previous 1974 Act was significantly outdated and not particularly relevant to modern society in both a social and legal context, there was a real need for this law to be updated in order to afford consumers maximum protection against otherwise unfair conduct that was not recognised in law. The law was updated more out of necessity than out of spite for consumer credit providers. The application of these laws does not generally appear to infringe on the rights of credit providers, it merely suggests that the market needs more stringent controls to av oid certain parties taking advantage of otherwise vulnerable individuals. The rationale behind the introduction, as the White Paper suggests, was to create a fairer and more transparent consumer credit market, which gave the individual more competitive and legitimate rights that they are now able to exercise in an attempt to remove the disparity between consumers and credit providers in terms of their negotiation and contractual abilities. There appears to be no malice or ill-will by the Government towards credit providers, rather just a desire to exercise control in an area of commerce that has expanded exponentially since the law was last reviewed more than a generation ago. The flexibility provided under the new Act through delegation of regulative powers to the OFT and Ombudsman also allows the law to be updated as society dictates, which ensures that the law will always be given the opportunity to reflect the needs of consumers as the market changes. This means that this debate will continually be revisited as the market expands and changes and, if there is a need to review the law in the future, there is no need to go through the lengthy legislative process which has dragged this legislation through 18 months of parliamentary delays, especially due to the calling of the 2005 General Election after the Bill was only passed its Commons stages. This law appears to be perfect for the current socio-economic climate of the British consumer credit market, and to argue that it goes too far in protecting consumer’s rights is simply untenable. Bibliography Legislation Consumer Credit (Advertisements) Regulations 1989 Consumer Credit Act 1974 Consumer Credit Act 2006 (also, explanatory notes) Financial Services and Markets Act 2000 Unfair Terms in Consumer Contracts Regulations 1999 Government Publications Department of Trade and Industry, Fair, Clear and Competitive: The Consumer Credit Market in the 21st Century (2003), Journal Articles/Other Sources John, C, ‘Consumer Credit – The New Landscape’ (2006) 18 Compliance Monitor 9 Singleton, S, ‘In Focus: Consumer Credit Act 2006’ (2006) 29 Consumer Law Today 8 Smith, J, ‘Practice Points: Credit Where Credit Is Due’ (2006) 103.25 Law Society Gazette 34 Unknown, ‘Consumer Credit: A New Age But Old Problems’ (2004) 6 Finance and Credit Law 1 Footnotes [1] Department of Trade and Industry, Fair, Clear and Competitive: The Consumer Credit Market in the 21st Century (2003), 4. [2] Ibid, 30-33. [3] Department of Trade and Industry, as above n 1, 33-36. [4] Ibid, 37-40. [5] Ibid, 45-48. [6] Consumer Credit Act 2006, s 1. [7] Consumer Credit Act 1974, s 8. [8] Consumer Credit Act 2006, ss 19-22. [9] Consumer Credit Act 1974, s 140A(1). [10] Consumer Credit Act 1974, s 140B(1). [11] Consumer Credit Act 1974, s 226A(2). [12] Consumer Credit Act 1974, s 39A (as amended). [13] Consumer Credit Act 1974, s 41A (as amended).

Battle Of Gettysburg :: essays research papers fc

Selected Views of the Battle of Gettysburg On July 1st of 1863 the battle of Gettysburg began. The battle was more less an unexpected disaster; neither side had planed the battle they ended up in the same place and the battle begun. There where many wounded and many casualties. Much like the final battle in The Red Badge of Courage when most of Henry’s regiment is wiped out by a daring charge. This charge leads to the downfall of the Confederacy as well as the fall of Henry’s regiment. 3 days before the battle of Gettysburg the Union replaced General Hooker with General George G. Meade. The Battle lasted for 3 long bloody days. The Confederate army took heavy casualties causing this fight to be a major turning point in the war. Although the union was losing the war up to this point and out number 75,000 to 97,000, they still managed to win this crucial fight. â€Å"This was the bloodiest battle in the American history, on American soil† (tqjunior.advanced.org). On the first day of the battle not much fighting took place, not all of the army was there from either side. It seemed the Confederacy had the upper hand at first because they had twice as many men as the union in the beginning of battle. But the Union had the new repeating rifles that reloaded much faster then the Confederacy’s single-load muskets. The Union army positioned it’s self along wood fences on McPherson’s Ridge. These men were one of the first units to enter the area. They where able to hold off Lee’s army until more Union troops could arrive. The Confederates where not prepared for this new rain of bullets and they were forced to start retreating. After a short retreat they regrouped and began a flanking attack. The union was forced to retreat and Gettysburg had fallen to the confederates for the day. The next day there would be hope for the union would have a new advantage. On day 2 the Union troops positioned themselves on top of Cemetery Hill and Cemetery Ridge. General Sickles of the union was ordered to fortify Little Round top but he saw no value in this and advanced to Devil’s Den. After heavy fighting in Devil’s Den General Sickles army was forced to retreat several times first to the Wheatfield, then the peach orchard and finally to Emmetsburg road. There where battles fought at each location as well as fighting on Culp’s hill that had a famous bayonet charge by Colonel Chamberlain. General Longstreet was order to attack Little Round Top, Devil’s Den, the wheat fields, and the peach orchard.