Manchester school of anthropology School - Free Essay Example

Sample details Pages: 7 Words: 1977 Downloads: 4 Date added: 2017/06/26 Category Anthropology Essay Type Review Tags: School Essay Did you like this example? What were the distinctive features of the Manchester school of anthropology? Structural-functionalism, which dominated British social anthropology for much of the twentieth century, interpreted society in terms of its institutions. Institutions provided society with its structure and worked together to keep society, a bounded unit, in a state of equilibrium. A persons role or position in the structure determined their behaviour. Don’t waste time! Our writers will create an original "Manchester school of anthropology School" essay for you Create order In the early 1950s, criticisms of the structural-functionalist approach began to emerge from the Manchester school of anthropology, a group of anthropologists involved with the anthropology department at Manchester University. The Manchester school reacted against the obsession with formal institutions and the structure they supposedly produced. Many felt it was time to move away from the search for ideal types and focus on the much-neglected individual and how he/she coped in a system full of contradictions and inconsistencies. The Manchester school developed a distinctive approach which focused on the role of conflict in society, acknowledged the importance of the wider context (particularly the impact of colonialism), shed light on the issue of multiple identities through their studies of urban and rural communities, and advanced a new analytical model; namely social network analysis. Although the school is distinct in certain ways, its continued reliance on the structural-func tionalist paradigm must be realised. In contrast to structural-functionalists, the Manchester school did not see social equilibrium as â€Å"a simple affair, resulting from the neat integration of groups or norms. On the contrary it emerges through the balancing of oppositions in a dialectical process† [Kuper 1973, 139]. In other words, conflict is an inherent part of society but certain mechanisms exist to ease the tensions and maintain an equilibrium. Ritual, according to Max Gluckman, was one such mechanism. He analysed â€Å"rituals of rebellion† in southern African societies and argued that â€Å"whatever the ostensible purpose of the ceremonies, a most striking feature of their organization is the way in which they openly express social tensions† [Gluckman 1963, 112]. One such ceremony occurred in Swaziland. The dominant cleavage in the society was between the king and his subjects. During the ceremony various groups formed cross-cutting ties whic h undermined and reduced the severity of the dominant cleavage and the kings subjects were given the opportunity to voice their hatred towards him. â€Å"This ceremony is†¦a stressing of conflict, a statement of rebellion and rivalry against the king, with periodical affirmations of unity with the king† [Gluckman 1963, 125]. One could infer that such a ritual could totally disrupt a society based on the domination of the ruled by the ruler. Crucially however, the people are rebelling specifically against the king, and not against the institution of kingship; â€Å"the rebellious ritual occurs within an established and unchallenged social order† [Gluckman 1963, 126-27]. In sum Gluckman explains, The acceptance of the established order as right and good, and even sacred, seems to allow unbridled excess, very rituals of rebellion, for the order itself keeps this rebellion within bounds. Hence to act the conflicts, whether directly or by inversion or in other sy mbolic form, emphasizes the social cohesion within which the conflict exists [Gluckman 1963, 127] The ritual reaffirms and perpetuates the social order. Gluckmans fieldwork in Zululand and Swaziland established conflict as an unavoidable aspect for analysis in the study of society. However, he has been criticized by many for continuing to use a structural-functionalist paradigm. His studies address the issue of conflict but always in terms of how it is contained by mediating mechanisms (such as ritual) which reaffirm the social order. Kuper explains that this emphasis on the maintenance of equilibrium grew out of his study of white-ruled Zululand, ‘which despite its many unresolved and irresoluble conflicts, â€Å"worked†, obliging him to consider ‘how social systems could contain the deep conflicts which are present in all of them [Kuper 1973, 141]. In other words, Gluckman concentrated on repetitive (as opposed to changing) social systems in which â€Å"changes occur not by alterations in the order of offices, but by changes in the persons occupying those offices† [Gluckman 1963, 128]. This, Kuper argues, is â€Å"the most vulnerable feature of Gluckmans theory† [Kuper 1973, 140]. Although it may shed light on small-scale, non-centralized communities, it ignores conflicts â€Å"in which the contending parties no longer share the basic values upon which the legitimacy of the social system rests† [Swartz 1966, 34]. From the viewpoint of the sociology of knowledge, it is no accident that this alteration of analytical focus from structure to process has developed during a period in which the formerly colonial territories of Asia, Africa, and the Pacific have been undergoing far-reaching political changes that have culminated in independence [Swartz 1966, 3] In other words, with many countries engaged in the struggle for their independence, anthropologists working in the 1950s and 1960s finally accepted that â€Å"the total political situation should be taken into account† [Kuper 1973, 142]. As the Manchester school anthropologists carried out most of th eir work in British Central Africa they focussed particularly on the impact of colonialism and capitalism in the societies they studied. Gluckman argued for the recognition of â€Å"a Central African Society of heterogeneous culture-groups of Europeans and Africans† [Kuper 1973, 141]. The point of articulation between imperial and indigenous cultures was epitomized in the position of the headman or elected elder, an office institutionalised by the British. He was seen as an â€Å"inter-calary figure†, caught between the demands of the state and the demands of his people [Kuper 1973, 143]. As Epsteins classic study of Politics in an Urban African Community shows, when Africans rioted against the British in response to an increase in taxes in 1935, the elected elders were also attacked and forced to take shelter with the colonial masters [Kuper 1973, 146]. Such studies shed light on the flaws of the colonial system and the social problems it had caused, topics almost entirely avoided by previous anthropologists. The Manchester school also focused their attention towards urban and not just rural localities. Through recognition of the urban as a valid and necessary unit of study, the school brought the issues of multiple identities and situational selection to the fore. The process of urbanization in colonial Africa markedly increased the number of identities people associated with themselves. â€Å"Sometimes a man might side with Bemba against non-Bemba; at other times with clerks against underground workers; and then again line up with fellow Africans against the white mine authority or the government† [Kuper 1973, 146-47]. In other words, people responded to this identity dilemma by choosing to use or ally with different identities, depending on the social situation; this technique is known as situational selection. In the Kalela Dance Mitchell argues that the same group of people can have very different relationships depending on whether they are in a tribal or urban setting. Thus, â€Å"ethnic identity is both situational and negotiated by actors amongst each other, and any continuity is possible in principle but not guaranteed† [Rogers 1995, 23]. In 1954 Barnes published his study of a Norwegian Parish and introduced the concept of the social network as an analytical tool [Mitchell 1969, 5]. â€Å"Basically, network analysis is very simple: it asks questions about who is linked to whom, the nature of that linkage, and how the nature of the linkage affects behaviour† [Boissevain 1979, 393]. Social network analysis studied the relationships of interacting people in actual situations. The individual, instead of structures or institutions, was the starting point. This allowed anthropologists to â€Å"concern (themselves) with individuals using social roles rather than with roles using individuals, and with the crossing and manipulation rather than the acceptance of institutional boundaries † [Rogers 1995, 20]. In contrast to the structural-functionalist approach which viewed a persons role in the structure as determining their behaviour, social network analysis considered how individuals adopt and modify the rules to further their own interests and â€Å"use network linkages in order to achieve desired ends† [Mitchell 1969, 38]. Network analysis was found to be particularly useful for studies of larger scale communities. As Mitchell argues, this is because of the â€Å"large number of single-stranded relationships in them, therefore institutional integration is relatively weak† [Mitchell 1969, 48]. In other words, in bigger, more complex communities people have fewer overlapping relations; using an institutional approach is simply not sufficient for such societies. Also, â€Å"social network analysis facilitates the tracing of the connections between locality and wider contexts†, an important factor in an approach so concerned with the â €Å"total† situation [Rogers 1995, 18]. An interesting aspect of social network analysis is its application of mathematical methods to anthropological study. Mitchell argues that the â€Å"use of graph theory and probability mathematics provides an intriguing method of erecting model networks with which empirical networks can be compared† [Mitchell 1969, 34]. This â€Å"openness to methodological innovation† was a key feature of the Manchester school but the school also widely accepted that statistical methods should be used as an aid, and not form the basis of anthropological analysis [Kuper 1973, 142]. There are numerous problems with social network analysis. â€Å"The study of personal networks requires meticulous and systematic detailed recording of data on social interaction for a fairly large group of people, a feat which few fieldworkers accomplish successfully† [Mitchell 1969, 11]. Social network analysis is simply too time-consuming and det ailed for it to be a viable analytical model in many situations. Also, although the level of abstraction is not as great as it is in the structural-functionalist approach, the anthropologist must still identify the limits or extent of a network, and select the individual or group at the centre of it. The isolation of one part of the network is â€Å"based on the fieldworkers judgement of what links are significant in explaining the behaviour of the people with whom he is concerned† [Mitchell 1969, 13-14]. Just as structural-functionalists â€Å"found† structures in society, the Manchester school â€Å"found† networks. However, the important factor to keep in mind with regard to social network analysis is that it was always intended as a complement to structural-functional analysis. As Mitchell outlines, the â€Å"notion of social networks is complementary to and not a substitute for conventional frameworks of analysis† [Mitchell 1969, 8]. In conc lusion, it is clear that the Manchester school was distinctive for several reasons. Firstly, it was an action-oriented approach which described the social system as it actually was, full of conflicts and contradictions. Cleavages and tensions were dealt with through various redressive mechanisms. Secondly, it rejected the view of society as a bounded unit and acknowledged the influence of a wider context in all situations; the role of colonialism in causing social problems in Africa was highlighted. In addition, the Manchester school addressed both urban and rural localities and in doing so furthered anthropologys understanding of multiple identities and the necessary application of situational selection. Finally, the school advanced the use of social network analysis, applying mathematical methods to the study of culture and bringing the individual and his/her interactions with other actors in actual settings to the centre of study. Despite these advances, the Manchester scho ol continued to function within a structural-functionalist paradigm. This is shown, for example, by the fact that conflict was studied only in relation to equilibrium; the school did not account for social change or transformation. Also, although they emphasised the impact and inequalities of the colonial system, the Manchester anthropologists did not provide a general theoretical approach for the colonial situation. Finally, its analytical model was designed as a complement to structural-functionalist modes of analysis. The Manchester school is characterised by several distinct features however, overall it â€Å"represents more of a shift of emphasis than a complete departure from pre-war structuralism† [Kuper 1973, 148]. Bibliography Boissevain, J. 1979. Network analysis: a reappraisal, Current Anthropology 20: 392-394. Gluckman, M. 1963. Order and rebellion in tribal Africa. London: Cohen West. Hannerz, U. 1992. The global ecumene as a network of networks, in A. Kuper (ed.) Conceptualising society. London: Routledge. Kuper, A. 1973. Anthropology and anthropologists: The modern British school. London: Routledge. Mitchell, J.C. 1969. Social networks in urban situations. Manchester: Manchester University Press. Rogers, A. S. Vertovec. 1995. The urban context: ethnicity, social networks and situational analysis. Oxford: Berg. Swartz, M., V. Turner A. Tuden. 1966. Political anthropology. Chicago: Aldine Publishing Co.

The Duality Of Light And Darkness - 1117 Words

On the Duality of Light and Darkness in A Tale of Two Cities The French revolution was filled with bloodshed as the people of France rebelled against the aristocracy. In every heroic struggle there’s always a darkside and Charles Dicken’s book. A Tale of Two Cities, exemplifies this dynamic. The novel attempts to shed light on the point of lives of the middle class of Paris’ and London’s as they’re trapped in the fighting fighting between the aristocracy and peasantry during the French Revolution. The motifs of light and darkness present in the novel relate to three of the characters in the novel -- Lucie Manette, Madame Defarge and Sydney Carton. Lucie represents light, Madame Defarge represents darkness, and Carton is the manifestation of light and darkness. In A Tale Of Two Cities, Lucie Manette represents light and tranquility because she is able to make her father happy. Dr. Manette’s dark past glooms upon him as the darkness from his m ind prevails because of his past in the Bastille prison which renders him scarred mentally from the depths of his soul, however Lucie has the ability to make him forget about his dark past momentarily: â€Å"Only his daughter had the power of charming this black brooding from his mind. She was the golden thread that united him to a Past beyond his misery, and to a Present beyond his misery: and the sound of her voice, the light of her face, the touch of her hand, had a strong beneficial influence with him almost always. (83) Lucie isShow MoreRelatedStevenson and Conrad: The Duality of Human Nature 949 Words   |  4 PagesConrad also employs the literary device of symbolism to further display the theme, the duality of human nature in his novella Heart of Darkness. Three major examples of symbolism are evident in this novella. These examples include, light and dark, the Congo River, and ivory. 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In this paper, I intend to explain the significance of the tension of identifying one’s reality in â€Å"Sonny’s Blues,† by exploring the many instances that Baldwin uses light and darknessRead MoreThe Journey In â€Å"Heart Of Darkness† Spans Not Only The Capricious1222 Words   |  5 PagesThe journey in â€Å"Heart of Darkness† spans not only the capricious waters extending our physical world, but also the perplexing ocean which exists in the heart of man. Through Marlow s somewhat overenthusiastic eyes, we perceive the mystery that is humanity, and the blurred line between darkness and light. It is an expedition into the deepest crevices of the human heart and mind bringing on an awareness, and finally descending into the abyss of hell abiding in each of us. Conrad’s use of wordplayRead MoreThroughout most famous Greek literature, a great hero usually saves the day. In the story of900 Words   |  4 Pagesthe focal point for the whole play. 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As the novel progresses Dr. Lanyon begins to investigate Mr. Hyde, he begins to realize similarities between both Mr. Hyde and Dr. Jekyll such as their handwriting whichRead MoreDualistic Social Roles In Victor Hugos Les Misà ©rables1063 Words   |  5 Pagessymbolism, and diction, Hugo is able to shed light on a social issue of his day in a way that allows the reader relate to and understand a misunderstood class of society. The passage discussed in this paper is found in the beginning of the novel. It describes the life and perspective of the Bishop of Digne. 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Fitzgerald critically examines the duality of dreams in The Great Gatsby, a story about a young gentleman trying to achieveRead MoreThe Art of Travel Rheotrical Analysis1136 Words   |  5 Pagesï » ¿Kirsten Cooper Lara Jacobs WRTG 3020 2/4/13 The Art of Darkness: Beauty’s Dependence on Darkness in The Art of Travel â€Å"There was only one way to possess beauty properly, and that was by understanding it, by making oneself conscious of the factors (psychological and visual) responsible for it† (de Botton 216). In The Art of Travel, Alain de Botton encourages the reader to view the world through an artistic eye, one which is attuned to detail. By doing so, one can comprehend beauty by becoming ardentlyRead MoreRomeo And Juliet Duality Essay1408 Words   |  6 PagesIn literature, duality is anything that has two sides, mostly dealing with good and evil. Duality plays an important role in showing who the characters are and how the story occurs in many different books. Books in which duality plays a prominent role include Dr. Jekyll and Mrs.Hyde, Romeo and Juliet, and the Bible. Duality exists throughout the play Romeo and Juliet. The things characters say, the characters, and actions of the characters are ways duality exists in the play. For example,Read MoreAnalysis Of Hesse s The World Of Light 866 Words   |  4 Pagesexamples of duality include the â€Å"world of light† and the â€Å"world of darkness,† the masculine and the feminine, God and Satan, and the self and the herd. All of these ideas serve as a catalyst that galvanize Sinclair into taking a more active role in his own life and help him grow into a more independent, critical thinker, free from all social, political, and religious practice. I could honestly relate to Demian in his journey as he grew up. However, even though our ideas about duality were fundamentally

French Verb Conjugations for Augmenter

Augmenter  is a French verb that means to increase, to raise, or to rise. Its a very useful word to know and its a rather simple on to conjugate to fit the present, future, and past tenses. Follow along in this lesson to learn all these conjugations, including the past participle, subjunctive, and imperative forms of  augmenter. Conjugating the French Verb  Augmenter Verb conjugations are a little more complex in French than they are in English. We understand that an English verb with an -ed ending implies the past tense and an -ing is used for the present tense. In French, there are more endings to learn because the verb must match the subject pronoun as well. Augmenter  is a  regular -ER verb. In the conjugations, it follows a particular pattern for the new endings. These same transformations can be found in similar verbs like  attraper  (to pick up) and  complà ©ter  (to complete), making these among the easiest to memorize. Using the chart, you can quickly figure out which verb form you need. Simply match the subject pronoun with the appropriate tense. For instance, I increase is jaugmente and we will rise  is nous augmenterons. Subject Present Future Imperfect j' augmente augmenterai augmentais tu augmentes augmenteras augmentais il augmente augmentera augmentait nous augmentons augmenterons augmentions vous augmentez augmenterez augmentiez ils augmentent augmenteront augmentaient The Present Participle of  Augmenter The  present participle  of augmenter  is augmentant.  This is done with a simple change from the -er  ending to an  -ant  ending. Not only is it a verb, but you can use it as an adjective, gerund, or noun in some circumstances. The Past Participle and Passà © Composà © The  past participle  of augmenter  is augmentà ©. You will need this to form the commonly used past tense known as  passà © composà ©.   To form the conjugations, use the appropriate form of avoir,  which is an  auxiliary, or helping verb. For example, I rose is jai augmentà © and we increased is  nous avons augmentà ©. Notice how  avoir  has been conjugated to match the subject, but the same past participle is used in both phrases. More  Augmenter  Conjugations There may be times when you will need to use the following verb forms of  augmenter. The subjunctive and conditional are rather common and imply a certain degree of uncertainty in the action. Its likely that you will only encounter the passà © simple or imperfect subjunctive in formal writing. Yet, its good to be able to recognize and associate these forms with  augmenter. When using  augmenter  in imperative verb form, there is no need to include the subject pronoun. This is implied within the verb itself and these are used in short statements. Rather than nous augmentons, you can say augmentons.

Everest Simulation - 756 Words

Leadership and Teamwork A Reflective Report on the Everest Simulation The Everest simulation used the dramatic context of a Mount Everest expedition as related to management concepts exploring the role of leadership, effective communication, and team work to achieve success. The simulation required students to work in cohesive teams consisting of five members, where each individual was assigned a specific role and a goal. The roles included the team leader, physician, environmentalist, photographer, and marathoner. Some goals were contradictory in order to assess how the team reacted to complex and sometimes conflicting situations. Before the actual simulation started, the group discussed the general approach and how to deal with†¦show more content†¦I would like to mention an event that helped consolidate the team’s morale. At Camp 2, our team decided unanimously to stay overnight and rest since the health of our photographer had become critical. The harmonious decision helped avoid a damaging storm, allowed the doctor to achieve his r esearch goal, and halted the photographer’s deteriorating health. It was undoubtedly the finest moment in our team’s performance. Conclusion Success in the Mount Everest Simulation was not defined as reaching the summit of a mountain, but rather in terms of strong leadership, positive team work, logical decision making, and effective communication and dispute resolution to accomplish a specific task. Based on my personal experience, I realize the importance of knowing and understanding all team members. Fluid, open communication and positive feedback are key factors. Active listening, motivating, engaging, and valuing each team member’s contributions create an effective work environment. Mistakes happen, but valuable learning comes from the mistakes and our understanding of the challenges and opportunities to overcome them. If we, as team members, learn from our mistakes and are fully committed to the success of the team, we allShow MoreRelatedThe Physics Of The Everest Simulation2271 Words   |  10 PagesIntroduction: The Everest Simulation is a five-member activity in which a group is supposed to ascend Mount Everest in six days. Each member is given a different role and objective list, but everyone must work together to achieve each goal. This simulation is meant to generate discussion between team members and create strong analytical thinking. In the simulation, I was the environmental scientist, who had climbed Mount Everest prior but was aging so my abilities were meager. My objective wasRead MoreMt Everest Simulation3700 Words   |  15 PagesMt. Everest Simulation- Personal Reflection Table of Contents 1.0 Introduction to Mount Everest team and Leadership simulation 2 2.0 Our Team Process Efficacy 3 2.1 The role of the leader 3 2.2 Psychological Safety 5 2.3 Group Thinking 7 3.0 Conclusions 8 4.0 Reference 9 1.0 Introduction to Mount Everest team and Leadership simulation Climbing Mount Everest is a dangerous undertaking, a Herculean task fraught with difficulties, danger, complexities and volatileRead MoreThe Everest Simulation, A Team Of Five2378 Words   |  10 PagesIntroduction The Everest simulation, a team of five (or six if an observer is present) with diferrent roles, communicate and work together to produce decisions to climb to the peak of mount Everest, while trying to accomplish their own respective goals as well as the team’s goals. 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American History X Is An American Crime Movie Directed By...

American History X is an American crime movie directed by Tony Kaye and produced by John Morrissey in October 1998. It tells the astonishing tale of two Venice, Los Angeles brothers who become skinheads through the neo-Nazi movement and strived to make the white American culture more efficient. It stars Edward Norton as Derek Vineyard, Edward Furlong as Danny Vineyard, Stacy Each as Cameron Alexander, and Avery Brooks as Dr. Bob Sweeney. This essay will focus on the deviant behavior committed by some of the people in this movie. Further, it will discuss different theories as to why they committed the crimes. The three aspects that will be discussed are Differential Association Theory, Reaction Formation Theory, and which one serves as a better explanation. The main plot of the movie is focused on Derek Vineyard and his younger brother Danny Vineyard, both white Americans. After their father had died by black men, Derek got reeled into the neo-Nazi movement, by Cameron Alexander, w ho is considered â€Å"the biggest distributor of white power literature.† Derek had thought the murder was typical because this country is â€Å"becoming a haven for criminals decent. Hard working people like my dad are getting robbed out by social parasites like blacks and browns† (Kaye, Morrissey, 1998). He believed everything was race related and minorities have only come here to exploit America. However, he refused to admit that he was part of a â€Å"bunch of rednecks like the KKK† (Kaye, Morrissey,

Payment of the Lesser Amount through a Third Party Free Sample

Question: Advice to Josie Whether There Is A Binding Contract with Sam? Answer: Introduction Formation of an agreement between the transacting parties is one essential part of their transaction. In concern for contracts, English law requires a contract to have consideration so that as one of the key elements. Also, there are some suggestions that a contract may lack its enforceability if it lacks consideration. Nevertheless, there also some exceptions as discussed in this paper. Some of these legal doctrines are the Pinnels case rules and promissory estoppels. This paper will be a discussion the extent to which the lack of consideration can invalidate the contract. The determination whether there was a contract or not take is an examination of three issues. For one, its a question of the consequence of a statement made by Josie that he would hold the offer open until the midnight of Tuesday 21 February. Secondly, whether this statement that the offer will remain open amounted to a valid contract, and lastly, a question whether the message left by Josie on the phone saying that the painting has been sold for $900 was valid notification of the removal of an offer. The fundamental rule for revoking an offer is that an offeror has the right to revoke the offer anytime before acceptance.[1] In this case, Josie informed Sam that he was going to hold the painting's offer open until 21st midnight but later decided to sell it to Wendy before the promised date. The issue whether such promises are binding were held in Routledge v Grant where the court decided that such promises should not be binding.[2] As a general rule, a valid contract should have an offer, acceptance, and consideration among other elements.[3] Holding this promise valid will be ignoring the fact that an offer should have a consideration. However, if Sam had paid a little amount to Josie so that Josie would consider keeping the painting offer available, that small payment would have been termed as consideration and would have made the promise binding. Up to that point, Josie had every right to revoke the offer that she had made to Sam. On the other hand, there is a need to look at the communication of a revocation. The best case that set the rules of communication when parties are at a distance was set in the case of Byrne v van Tienhoven.[4] This case concerned a revocation of an offer through a telegram. This case held that a revocation contained in a telegram would only have its effect if the offeror received it. There is a need to look at how the message was sent and delivered to Sam. From the facts available, Sam did not return the call, and he was unable to retrieve any messages due to the machine being faulty for the past few days. The best way to approach this situation is through the comments of Lord Denning.[5] He gave a situation where an acceptance of an offer is coming from the offeree on the other end of the phone. He said that in such a situation, if it happens that the offeror doesnt get the words of acceptance clearly, he should trouble him/herself to get the words by asking the offeree to repeat them. If the teleprinters ink dies at the receiving end, then the receiver should put an effort to get the messages again. So if the person who sent the message reasonably held that the message reached home, the receiver would be estopped from asserting that he/she didnt receive the message if it was the receivers faults.[6] Therefore, it was upon Sam to try and retrieve the messages fr om the faulty machine since Josie had reasonably believed that Sam got the message. In conclusion, the agreement was not binding since Josie revoked the offer, and the revocation was communicated to Sam. This section would assume that there was already a contract that Josie would sell the painting to Sam on Tuesday 21st. On the assumption that there was a contract, there would only be one thing expected of the parties, which is a discharge of the contract. In this case, there was a discharge through a breach. This happens when one party abandons its promises resulting to an anticipatory breach of repudiation.[7] This breach occurs when one party, before the performance date, expressly notifies the other that performance would be impossible or that party doesn't want to fulfill its contractual promises. In such a case, the non-breaching party can either wait until the other party has actually breached the contract, or terminate the contract and sue for the damages. When it comes to recovering damages, the only damages available are those which are the lost benefits that the innocent party suffered due to the breach.[8] The decision of the case of Hochster v De La Tour is an example similar to this situation.[9] The defendant and the claimant had agreed that the claimant would start working as a courier on 1 June. The defendant then sent a letter to the claimant on 11 May to cancel the contract. After that, the claimant decided to commence suit for breach. The court held that there was a breach despite that fact that the defendant tried to argue that the contract was not breached since there were still some days before the agreed date. So in assumption that there was a contract, Josie performed an anticipatory breach of repudiation. The damages of Sam would only be the lost benefits. The lost benefits will be the amount above $800 if Sam buys the same picture of sunflowers from someone else. Exceptions Of Pinnels Case The Pinnels case was an issue of a paying a portion of the owed debt. In particular, it was a question whether the acceptance of a debtor to settle on a certain fraction of the debt was a reasonable consideration to forfeit the entire debt.[10] In short, If C owes P 30 and P admits settling the debt with 15 on the due date, P could still come claiming for the balance in future because the agreement lacks consideration. The background of this rule can be traced in the actual case of Pinnel v Cole.[11] Cole was in of Pinnel's 8.50, and the amount was due on 11th November. Pinnel's requested Cole to only pay 5.11 on the deadline and Pinnel would forfeit the rest of the debt. Later on, Pinnel decided to pursue the rest of the debt from Cole. The court found that acceptance of the portion of the debt was not a consideration that would have stopped Pinnel from coming back. Despite criticism, this rule continued to hold its rational effects rational that accepting a smaller amount in exchange for a higher amount was not a valid consideration which was an affirmation in the case of Foakes v Beer.[12] However, some exceptions were set for this case as follows. In this concern, however small it could be, a new consideration would be an adequate consideration. A new consideration was viewed in three ways. These are; the payment of the part-payment before the due date, payment at a different place, and payment in the form of goods rather than money. However, all these should happen only when the creditor calls for them. Payment of the Lesser Amount through a Third Party. Another exception would occur when the creditor promises to settle the debt with a smaller amount on condition that a third party provides the part-payment. In such a case, that agreement would be binding, and the debtor would no longer be in debt. For instance, a money lender was pursuing the debt, but the father paid a lesser amount to release the son from the debt. The money lender accepted the small amount in settlement of the larger debt. When he decided to sue for the remainder, the court held that the small payment was sufficient consideration. This prohibited the money lender from coming back and the court termed it as a fraud.[13] Composition with Creditors. This rule gives a chance in which someone that is to be declared a bankrupt by his creditors can make some arrangements with them. The principle provides that each creditor should agree to accept a particular portion the debt to settle in full. If the debtor manages to have all the creditors to agree, then theyll be bound by that promise. In short, an agreement between a debtor and creditors would offset the Pinnel rules. Thats to say, all the lenders must agree to take a partial payment so that the agreement would binding, and they should be more than one lender.[14] Compromise of Dispute as To Amount. If in fact there is a genuine dispute as to the amount of the debt, a compromise of the acceptance of a lesser sum than that claimed will amount to fresh consideration. Notwithstanding the fact that there is no consideration, it would be impossible for the individual creditor to recover the debt balance from the borrower. To clarify, allowing any of the creditors to come back claiming for the remainder would lead to fraud on the part of other creditors who accepted to settle on the said fraction.[15] Promissory or Equitable Estoppel An additional exemption to Pinnel's principles rests in the rules of the equitable concept of promissory estoppel. This doctrine presents a way of enforcing a promise even in situations where it lacks consideration.[16] This doctrine asserts that if one party known as the promisor promises the other one know as the promisee, and the promisee changes position in reliance with the given promises, the promisor would be prevented from backing from the deal. This promise would be enforced despite the fact that it doesn't have a consideration. An example of how promissory estoppels works was in the case of ruled by Denning J.[17] In 1937 High Trees House Ltd entered into a lease agreement with CLP for a section of flats at a standard price of 2,500/year. Due to wars, the rental rates had to fall drastically. So in January 1940, both parties entered into another agreement to reduce the price by half, but they didn't agree on the duration of the reduced rent. Within the five years, High Tree s continued to pay the reduced rent, and the more tenants began to fill the vacant flats. By 1945, all the units were occupied, and CLP sued High Trees to recover all the rents starting from June 1945. The court concluded that the reduction of the rent was only a temporary solution to cover those times when there was a war. Consequently, the court held that it was lawful that the rent can go back to normal amount since there was no more war and the flats had been reoccupied. The court went on to say that any party that waives a price to affect an executory section of the contract can still withdraw such waiver by reasonably notifying the other party. Conclusion Consideration is a crucial component in the creation of a contract. English law does not give force gratuitous agreements except for those created by the deed. Regarding this, the law will not enforce a deal where someone agrees to provide or undertake an action without receiving something in return. However, there are also exceptions created by the doctrine of promissory estoppel. This one states that a promise would be enforced even though it doesn't have a consideration provided that the other party acted in reliance on that promise. This paper has examined the effects of consideration, and it has also looked at exceptions to which a promise without a consideration can be enforced. References Helewitz, Jeffrey A, Basic Contract Law For Paralegals (Wolters Kluwer Law Business, 6th ed, 2010) Whittington, O.Ray and Patrick R Delaney, Wiley CPA Exam Review 2009 / (Wiley, 6th ed, 2009) Klass, Gregory, Contract Law In The USA (Kluwer Law International, 1st ed, 2010) Roach, Lee, Card James' Business Law (Oxford University Press, 4th ed, 2016) Poole, Jill, Casebook On Contract Law (Oxford Univ. Press, 12th ed, 2014) Bailey, Veronica E., Cape Law: Text And Cases: Contract Law, Tort Law And Real Property (AuthorHouse, 1st ed, 2016) O'Sullivan, Janet and Jonathan Hilliard, The Law Of Contract (Oxford University Press, 7th ed, 2016) Cases Routledge v Grant[1828] 4 Bing 653;130 ER 920. Byrne CovLeonVanTien Hoven Co [1880] 5 CPD 344 Entorresv Miles Far East[1955] 2 QB 327 Court of Appeal Hochster v De la Tour [1853] 2 E B 678 Foakes v Beer [1884] UKHL 1 Hirachand Punamchand v Temple [1911] 2 KB 330 Cook v. Lister, [1863] 13 C.B.N.S. 543 Central London Property Trust v High Trees House [1947] KB 130 High Court West Yorkshire Darracq AgencyLtdv Coleridge[1911] 2 KB 326 Pinnel'sCase [1602] 5 Co. Rep. 117a [1] Jeffrey A Helewitz, Basic Contract Law For Paralegals (Wolters Kluwer Law Business, 6th ed, 2010).pg 67 [2] Routledge v Grant(1828) 4 Bing 653;130 ER 920. [3] O.Ray Whittington and Patrick R Delaney, Wiley CPA Exam Review 2009 / (Wiley, 6th ed, 2009); pg 151 [4] Byrne CovLeonVanTien Hoven Co [1880] 5 CPD 344 [5] Entorresv Miles Far East[1955] 2 QB 327 Court of Appeal [6] Lee Roach, Card James' Business Law (Oxford University Press, 4th ed, 2016).pg 136 [7] Gregory Klass, Contract Law In The USA (Kluwer Law International, 1st ed, 2010); pg 207 [8] Jill Poole, Casebook On Contract Law (Oxford Univ. Press, 12th ed, 2014).pg 394 [9] Hochster v De la Tour (1853) 2 E B 678 [10] Veronica E. Bailey, Cape Law: Text And Cases: Contract Law, Tort Law And Real Property (AuthorHouse, 1st ed, 2016). [11] Pinnel'sCase [1602] 5 Co. Rep. 117a [12] Foakes v Beer [1884] UKHL 1 [13] Hirachand Punamchand v Temple [1911] 2 KB 330 [14] West Yorkshire Darracq AgencyLtdv Coleridge[1911] 2 KB 326 [15] Cook v. Lister, 13 C.B.N.S. 543 (1863). [16] Janet O'Sullivan and Jonathan Hilliard, The Law Of Contract (Oxford University Press, 7th ed, 2016). [17] Central London Property Trust v High Trees House [1947] KB 130 High Court

Joan Of Arc Analysis Essay Example For Students

Joan Of Arc Analysis Essay In the Metropolitan Museum of Art in New York City the painting Joan of Arc by Jules Bastien-Lepage hangs in the B. Gerald Cantor Sculpture Gallery. This Piece is rather large and was done with oil paint on canvas, its dimensions being approximately eight feet tall with a width of ten feet. When walking toward Bastien-Lapages painting, its size and realism grabs ones attention, and then holds it while this scene of Joan of Arc seems to take place right before ones eyes. The corridor where the painting is displayed is part of the museums permanent collection. It is difficult to choose just one of Joans abnormalitys or shall I say syndromes according to her society, but the Chaste Syndrome describes her the best from my view.Joan being a virgin, which is none of my business or her communitys, and showing a venerance to God correlates closely to the image of the Virgin Mary. Joan being such a close resemblance to the Virgin Mary would allow her society to classify her under the Chaste Syndrome. Throughout the classroom reading assignment on Joan of Arc I get the impression she is pristine and wants nothing but to obey the voices of St. Catherine, and St. Margaret. When being interrogated she says, that the voices told her to fight boldly and God would help her. Joans society would have hopefully seen her under the Chaste Syndrome, she was one to be revered and emulated much like that of the Virgin Mary. In conclusion my opinion stands in disagreeance with Joans society for one reason, a syndrome is defined as a group of signs and symptoms that occur together and characterized a particular abnormality. What abnormality did Joan have? Joans society should have looked at her as a great woman that offered an abundance of great characteristics to France, not as a virgin tomboy who shamed its men by being a warrior queen. The ignorance of the time period is exemplified during the interrogations o