Definition and Examples of the Yes-No Question

https://www.thoughtco.com/inflection-grammar-term-1691168Also known as a  polar interrogative, a  polar question, and a  bipolar question,  a yes-no question is an interrogative construction  (such as, Are you ready?) that expects an answer of either yes or no.  Wh- questions,  on the other hand, can have a number of answers, and potentially more than one correct answer.  In  yes-no  questions, an  auxiliary verb  typically appears  in front of  the  subject—a formation called  subject-auxiliary inversion (SAI).   Three Varieties of Yes-No Questions There are three types of yes-no questions: the inverted question, the inversion with an alternative (which may require more than a simple yes or no  answer),  and the tag question. Are you going? (inversion)Are you staying or going? (inversion with an alternative)Youre going, arent you? (tag) In an inverted question, the subject and the first verb of the verb phrase  are inverted when that verb is either a modal or an auxiliary verb or with the verb be and sometimes have.   She is leaving on Wednesday. (statement)Is she leaving on Wednesday? (question) The question itself may be positive or negative. A positive question appears to be neutral with regard to the expected response—yes or no. A negative question seems to hold out the distinct possibility of a negative response, however, inflection is also a factor that can influence a yes/no response. Are you going? (Yes/No)Arent you going? (No) The Use of Yes-No Questions in Polls and Surveys Yes-no question are often used in surveys to gauge peoples attitudes with regard to specific ideas or beliefs. When enough data is gathered, those conducting the survey will have a measure based on a percentage of the population of how acceptable or unacceptable a proposition is. Here are some typical examples of survey questions: Are you in favor of premarital sex? ___ Yes ___ NoDo you support gun control?  ___ Yes ___ NoShould people be required  to spay/neuter their pets?  ___ Yes ___ NoDo you believe global warming is a hoax?___ Yes ___ NoDo you plan to vote in the next election?___ Yes ___ No Another way to pose yes-no survey questions is in the form of a statement. Women and men can just be friends.  ___ Yes ___ NoGuests are always welcome here.  ___ Yes ___ NoMy mom is the best cook in the world.  ___ Yes ___ NoIve read at least 50 books from the library.  ___ Yes ___ NoI will never eat pizza with pineapple on it.  ___ Yes ___ No Typically, pollsters ask questions that will elicit yes or no answers. Is it necessary to point out that such answers do not give a robust meaning to the phrase public opinion? Were you, for example, to answer No to the question Do you think the drug problem can be reduced by government programs? one would hardly know much of interest or value about your opinion. But allowing you to speak or write at length on the matter would, of course, rule out using statistics.—From Technopoly: The Surrender of Culture to Technology by Neil Postman Examples  of Yes-No Questions Homer: Are you an angel?Moe:  Yes, Homer. All us angels wear Farrah slacks.—The Simpsons Directing a movie is a very overrated job, we all know it. You just have to say yes or no. What else do you do? Nothing. Maestro, should this be red? Yes. Green? No. More extras? Yes. More lipstick? No. Yes. No. Yes. No. Thats directing.—Judi Dench as Liliane La Fleur in Nine Principal McGee: Are you just going to stand there all day?Sonny: No maam. I mean, yes maam. I mean, no maam.Principal McGee: Well, which is it?Sonny: Um, no maam.—Eve Arden and Michael Tucci in Grease Sources​ Wardhaugh, Ronald.Understanding English Grammar: A Linguistic  Approach. Wiley-Blackwell, 2003Evans,  Annabel Ness;  Rooney,  Bryan J.  Methods in Psychological Research, Second Edition. Sage, 2011Postman, Neil. Technopoly: The Surrender of Culture to Technology. Alfred A. Knopf, 1992

Is Macbeth a Tragedy - 2186 Words

A tragedy is often thought of as a sad, pitiful event. The factors used to label an event as tragic are the consequences and the lasting effects. For example, the consequences of one or more deaths can be seen as a tragedy. And tragedies are often remembered long after the event, clearly impacting the future for those involved. Many people interpret events such as a natural disaster, a death of a loved one, or a permanent disability as tragic. However, others say that this definition of a tragedy is incorrect and is misused in modern conversation. The people who think this way use the word tragedy to define literature. The literary definition of the word requires more careful consideration of the character and the overall effect of the†¦show more content†¦He shows this by saying if he had â€Å"died and hour before this chance, [he would have] lived a blessed time† (2.3.103-104). Without a doubt, the play arouses fear and pity in the audience. In addition to arousing pity and fear in the audience, the play calls into question man’s relationship with God. At the start of the play, Macbeth’s relationship with God is good. Macbeth fought nobly and courageously for a good cause, defeating the traitor to the king. Similarly, at the end of the play, Young Siward also fights nobly and dies for a good cause, defeating Macbeth. For this reason, Young Siward is described as â€Å"God’s soldier† (5.8.55). Therefore, Macbeth could also be described as â€Å"God’s soldier† (5.8.55) up until he murders Duncan. As the King of Scotland, Duncan can be viewed as God. By killing Duncan, Macbeth has killed God. As a result, Macbeth has become the opposite of God, the devil. From this point on, Macbeth’s relationship with God is bad. At the scene of the murder, Macbeth could not say â€Å"Amen.† After committing a terrible crime, he â€Å"had most need of blessing, and ‘Amenâ€℠¢ stuck in [his] throat† (2.2.47-48). These events show that Macbeth’s relationship with God is questionable, which is one of the characteristics of a tragedy in literature. Another characteristic of a literary tragedy is that the tragic figure must be capable of great suffering. The tragic figure inShow MoreRelatedThe Tragedy Of Macbeth And Macbeth1510 Words   |  7 Pagesone of the most famous authors in the history of old and modern english texts. While living through the 1500s-1600s, and having very little knowledge of psychological issues, Shakespeare portrayed mental illnesses in Macbeth fairly accurately. The characters in the tragedy of Macbeth show many characteristics and warning signs of mental disorders such as Post Traumatic Stress Disorder (PTSD), schizophrenia and depression. Since there is scarce evidence of medical testing and research with the mindRead MoreMacbeth - Tragedy Essay1351 Words   |  6 Pagesclassical view, tragedy should arouse feelings of pity and fear in the audience. Does Macbeth do this? Tragedy has most definitely influenced the viewers thoughts on Macbeth within this play. In Shakespeares Macbeth, the audience sees a gradual breakdown in the character of Macbeth himself, due to the tragic events that unfold during the play. This has a direct effect on the audiences views and thoughts of Macbeth, thus creating pity and fear within the audience. Macbeth, being a man andRead More Macbeth - Tragedy Essay1224 Words   |  5 Pageshistories to tragedies. Perhaps one of his most famous in the tragedy genre is Macbeth. Though Shakespeare can be considered as a scholar in the sense that he was both a renowned and prolific playwright, look back a few hundred years to find Aristotle, one of the most famous scholars and philosophers of all time. In his treatise titled Poetics, he defends poetry against criticism as well as sets standards for tragedies in quot;The Nature of Tragedy,quot; a section of the Poetics. Is Macbeth fit to beRead MoreAnalysis Of The Tragedy Of Macbeth1 207 Words   |  5 Pages The ‘Tragedy of Macbeth’ (also known as ‘Macbeth’) is a play written by William Shakespeare and it was first performed in 1606. This play presents plenty of themes through the action and dialogue throughout the play. Although the play is universally and most commonly referred to as the dark tragedy presented by Shakespeare. The most common themes that were introduced to the audience tend to be femininity versus masculinity, pride and honor, the role of supernatural, temptation and evil and a lotRead More Macbeth - Tragedy Essay1313 Words   |  6 Pagesthe classical view, tragedy should arouse feelings of pity and fear in the audience. Does Macbeth do this? Tragedy has most definitely influenced the viewer’s thoughts on Macbeth within this play. In Shakespeare’s Macbeth, the audience sees a gradual breakdown in the character of Macbeth himself, due to the tragic events that unfold during the play. This has a direct effect on the audience’s views and thoughts of Macbeth, thus creating pity and fear within the audience. Macbeth, being a man and aRead MoreManhood in The Tragedy of Macbeth1133 Words   |  5 PagesIn Shakespeare’s Macbeth, he uses the theme of manhood to create motives for characters to act like a man. This is seen in many occurrences in Macbeth where characters try to act like men for certain reasons. Characters that apply this action are Macbeth, the first murderer, Macduff, and Young Siward. These actions are seen throughout the play, and play a key role in the development of the performance. Macbeth tells himself to act like a man in the following lines: â€Å"Prithee, peace! / I dare doRead MoreThe Tragedy of Macbeth Essay542 Words   |  3 PagesThe Tragedy of Macbeth, written by William Shakespeare in 1604, portrays women in a variety of strengths. In Elizabethan society, women were considered the ‘weaker sex’ but in many of his plays Shakespeare appears to question this patriarchal society. Shakespeare wrote ‘ Macbeth’ intending to flatter King James I, the ruler in this era. James I had very strong opinions regarding women and, particularly, witches. He saw Women as inferior and expected them to be housewives and mothers. ShakespeareRead MoreThe Tragedy Of Macbeth By William Shakespeare1205 Words   |  5 PagesThe first tragic story created in ancient Greece. Tragedies were written as a form of catharsis or purgation of emotions. In these types of plays, the audience finds characters in which they can relate to which is a tragic hero. T he tragic hero creates his own failures based upon their own actions and produces a detrimental fate for himself. The process of the protagonist’s fall is based upon the tragic structure. The structure of a tragedy consists of the exposition, exciting force, hamartia, theRead MoreThe Tragedy Of Macbeth By William Shakespeare1052 Words   |  5 PagesEnglish II 2 October, 2015 â€Å"Tragedy† of Macbeth Macbeth, a play written by one of the most influential English writers of all time William Shakespeare. It was created to be a Shakespearean tragedy. A tragedy as Aristotle defines it as: â€Å"Tragedy, then, is an imitation of an action that is serious, complete, and of a certain magnitude †¦. through pity and fear effecting the proper purgation of these emotions† (Aristotle: Poetics). What this is saying for a tragedy is that it should have the audienceRead MoreAristotelian Tragedy Macbeth Essays611 Words   |  3 PagesAristotelian Tragedy: Macbeth Aristotle is known widely for developing his ideas on tragedy. He recorded these ideas in his Poetics in which he comments on the plot, purpose, and effect that a true tragedy must have. The structure of these tragedies has been an example for many writers including Shakespeare himself. Many of Shakespeare’s plays follow Aristotelian ideas of tragedy, for instance Macbeth does a decent job in shadowing Aristotle’s model. Aristotle describes one of the most important

The Importance of Leadership in the Organizatio Free Essays

In every organization, whether small or large-scale, there is an unambiguous need for a leader. This leader is usually the owner or manager of the business but in some instances may also be an employee who possesses the ability to influence the actions of his or her co-workers. Effective leadership generally makes for a successful business organization. We will write a custom essay sample on The Importance of Leadership in the Organizatio or any similar topic only for you Order Now Conversely, the absence of, or ineffective use of leadership can have dire consequences on the organization for without leadership, organizations may move too slowly, stagnate, or lose their way. Leadership is defined as â€Å"the process of influencing the activities of an organized group in its efforts toward goal setting and goal achievement† (Stogdill, 1950, p. 3). Hogan et al (1994) posit that leadership is persuasion not domination, and so true leadership only occurs when others willingly adopt the goals of a group as their own. In a group setting, the individuals who make up the group all have different experiences, values, beliefs and needs. As such, they all have unique views of the world and will support differing ideas. The role of the leader in these instances is to point the individuals of the group in the same direction and harness their efforts jointly. The leader must ensure that each member of the group has an equal opportunity to express their thoughts and ideas. Therefore, a successful and effective leader must be patient and open-minded. If employees perceive that the leader is being unfair or biased, conflict will arise as they (the employees) react to the perceived injustices. It is important to note that the positions of manager and leader are entirely different. Leaders develop visions and drive changes while managers monitor progress and solve problems (Zalenik, 1977). However, sound leadership is a key skill which all managers should possess. A manager can not effectively perform his duties without the ability to lead the individuals in the organization. A leader must be someone respected and looked up to by those in the organization. Thus, the employees will freely follow the path charted by the leader in order to achieve organizational goals. Moreover, a well-liked leader usually means that employees are satisfied with their job environment and are therefore more motivated and determined to see a task or project through to the end. Employees who feel appreciated in the organization usually display a higher quality of work and also higher levels of productivity are also associated with workers who favour their leader. On the other hand, ineffective leadership can result in reduced motivation and dissatisfaction of employees. Unclearly defined goals and an unsatisfactory work environment, symptoms of improper leadership result in frustrated workers which will eventually result in workers exiting the workplace or neglecting their duties. As a result the output efficiency of the organization suffers and its yield will decline. How to cite The Importance of Leadership in the Organizatio, Essay examples

Diversity in the Workplace

Question: Whyhasdiversityintheworkplacebeengivensomuchattentionlately? Answer: Introduction Diversity in places of work encompasses racial, sexual and religious differences by the employees of an organization. Moreover, a diverse organization should have people of different age groups, disabled workers, people whose lifestyles differ and even those with different physical traits (Fassinger, 2008). Initially, several organizations did not see the need to have a diverse human resource. Most only employed people from various backgrounds so that they may seem equitable( Rice, 2015). Interestingly, it has been discovered that a diverse human resource is more beneficial than a nearly homogenous one. As a result, several corporations give a lot of attention to this area. A diverse workplace can be described as a mosaic, meaning that individuals within that environment retain their individuality as they contribute to the goals of the organization (Canas, and Sondak, 2013). A look at some of the advantages of such working places can give us insights on how why most organizations are keen on having a diverse workforce. Discussion Organizations that are keen to adapt to fluctuations in the markets have to ensure that their workers are from different backgrounds. This is because the employees bring a variety of solutions to a particular problem (Barak,2016). The ideas generated by the employees during sourcing, allocation of resources, or while in service are from several perspectives meaning that the best solution to the problem will be found. Besides, the ideas generated most of the time target particular groups in the market who are well known by a given section of the employees (Barak,2016). The change in the consumer tastes hence can be noticed very fast and the appropriate action taken so that the grip on the market is not lost. As a result, it is a good idea to make sure there are people from different places in an organization. There is also better service provision, meaning that companies having a diverse human resource tend to have more satisfied customers. This has also contributed to the keenness of businesses on the issue of diversity (Herring,2009). A client who is able to, for example, relate to an individual in the organization or feel that he or she has something in common with a person within the organization will trust it. He or she might feel free to consult those they feel linked to for any clarification or advice in case the need arises (Roberge and van Dick,2010). They, as a result, get satisfied by the devices of the organization and may even influence others to transact with the organization. People from different groups do not share a similar organizational culture. Hence, they define their experiences within their set of cultural systems. The various groups present in a diverse organization identify or define their experience uniquely (Pitts, and Recascino Wise, 2010). Most of the time, females hold lower positions and thus view the organization from a perspective different from their male counterparts at the top who are usually more salaried (Nishii, 2013). In addition, other minorities in any organization interpret occurrences differently from the majority. As a result, they tend to execute they perform better since some problems may be opportunities to other groups. Moreover, those from the minority may are able to perform their duties better due to the cohesion and understanding between themselves. This results in companies that produce faster. Diversity also makes companies find talented or gifted people very easily. Sometimes there may be a need for certain skills such as mathematical ability or analytical competencies in an organization. The identification of individuals with the skills required would require the organization to search far and wide, and at times train those whom they find to meet their objective. This would be time-consuming and costly. A diverse organization raises the chances of having uniquely gifted individuals. Moreover, they are easy to identify when they work for the organization. Managers will only need to make inquiries about the background of the people whom they suspect of being gifted in certain fields based on the traits of the people from their country or background. If for example he or she comes from a region where most of the population are astute business persons it would be safe to assume that due to the influence of others the person in question is probably good in that sector. Hence , companies need a diverse workforce. The amount of revenue that organizations receive as a result of having employees from different backgrounds is also higher than those from homogeneous organizations. This is the reason why several companies, notably Solectron, based in the Silicon Valley are keen on implementing and improving diversity programs. The revenues of the firm at some point tripled after it launched a cultural awareness program for its employees, making them win the Baldridge Prize. The success of the company can be attributed to the efficiency of the different groups that work for the organization (Brown, 2007). Another company that managed to increase its revenue significantly is Voice Processing Corp, which has people from different countries. The marketing of their product has been successful because of the number of markets that they are able to penetrate as a result of a workforce composed of people from different nationalities. This proves that diversity increases access to markets, and has the poten tial of making company operations global. Consequently, several companies are now keen on making their human resource as diverse as possible. Another reason why companies are keen to embrace diversity is that of the lower cost of labor in a diverse organization. This scenario is evident in countries that accept a lot of immigrants every year. Most of these people move to their new localities with the aim of finding greener pastures, meaning that they can settle for less when it comes to the wages they receive. Natives on the other hand, due to the presence of institutions such as labor unions rarely accept low payment. Hiring for the purpose of cheaper skilled labor may be seen as manipulation by some people, even though it is a clever business strategy. However, countries that have organizations whose workforce demand too much money as salary are keen on diversifying so that they may make a good profit. Diversity Challenges and opportunities Workplaces consisting of people from different ethnic groups, age gaps, lifestyles or gender, do are also faced with some challenges because of the differences in beliefs, cultures or values of their workforce. These challenges may translate to poor relationships or seclusion of some groups within the organization. Communication between different groups in such a company may be difficult. There may be language barriers in such environments. Moreover, differences in accents can make the employees fail to understand one another within a short time hence making them fail to meet some objectives of the organization (Harvey and Allard, 2015). Besides, there are chances that failure to communicate effectively can lead to frustrations and thus strained relationships between the workers. The minority groups may also feel alienated when have to clarify themselves continually. It is hence important for organizations to ensure that they develop ways of avoiding problems in communication as a result of differences in the nationalities of their workers. Resistance to change is another issue that can face such organizations. There is always some level of competition between employees from different groups. When they manage to meet an objective successfully, chances are that they will try as much as possible to maintain their position as a successful lot. This would translate to rigidity. Other groups fail to adapt to new practices because they may feel that such changes would compromise their beliefs or culture (Jackson and Joshi, 2011). Failure to change would result in stagnation in specific departments. In addition, adapting to new market demands for the organization would be a bit difficult when a group chooses to remain rigid. Hence, managers need to be keen when dealing with people from diverse backgrounds. The management may also be faced with difficulty when trying to implement policies that encourage diversity. There may be discord between the majority and minority groups when they feel that minority are granted more freedom ( Ozbilgin and Tatli, 2008). Accommodation of different cultural values may take a lot of time as the management tries to find ways of not making some section of the human resource not feel that they are being sidelined. During the implementation of the developed policies, there are chances that some people may even quit working for these organizations because of suspicion that their working conditions may deteriorate as a result of the inclusion of people that they do not like. There is always prejudice or misplaced belief about people from various backgrounds meaning that policies that favor them can be viewed as a betrayal by other workers. Hence managers need to make sure that the policies that they intend to use for the purpose of creating an inclusive workf orce are carefully evaluated and in case they may cause discord, they need to be modified. Generation gap may also cause problems in organizations that have embraced diversity. Chances are that, due to the differences in the perspectives of these people, they may fail to work in unison. Moreover, their views may differ on several issues resulting in friction between them (Kapoor and Solomon, 2011). Cliques may be triggered thereby making teamwork difficult to achieve. Teenagers and young adults may also fail to understand their older counterparts or behave in ways that are considered inappropriate when they interact with themselves. (Jackson, and Joshi, 2011) Besides, the younger workers may consider their older counterparts as being backward at times or even have the notion that they are better suited for working for the organization due to their knowledge or ability to use the latest technology. Hence, managers need to make sure that there is no discord between people who belong to different generations. Organizations that have not implemented diversity programs need to do so because it is a powerful tool not only for increasing the production of the firms but also portraying the business as a friendly, inclusive corporation (Trompenaars and Hampden-Turner,2011). Several diversity programs serve to prevent harassment of specific groups such as women and those from other nations. A good reputation makes it easy gain global access to the markets. Managers also need to train on diversity management if they are to realize the benefits of having a workforce composed of different people (Wales, Gorman, and Hope, 2010). To sum up, diversity also brings the opportunity of accessing cheap labor since people from other nations or even gender tend not to demand high wages compared to the locals and the majority. As a result, organizations that feel their operation costs are high as a consequence of the wages spent on payment of their workers can turn to diversity as a way of making things bette r. Conclusion To sum up, when the benefits and challenges as a result of diversity are compared it is evident that firms need to have people from different backgrounds. It is also prudent for managers to try and foster equality in the workplace. Areas that are overlooked when promoting equality and diversity such as gender balance need to be keenly addressed. When organization take diversity seriously, chances are that they will prosper. Most organizations are of late keen on embracing diversity because they have realized that there are a lot of benefits that result from having a workforce which consists of people from different backgrounds, ethnicities or even races. They have discovered that productivity is increased when the workforce is not homogenous as initially assumed by most companies. Moreover, they are able to expand their market by opening branches in the countries that those who work for the organizations belong to. In addition, the companies tend to have more satisfied customers mean ing that their growth is inevitable since customers tend to recommend such places to friends or family. Diversifying the human resource in an organization also has some challenges. These include the resistance to change, or adapt by sections of the workers. Besides, it is also difficult to implement policies that promote equality among the workers. In addition, generation gap and prejudice can cause communication problems between the workers. However, companies need to make an attempt of being diverse. References Barak, M.E.M., 2016.Managing Diversity: Toward a Globally Inclusive workplace. Sage Publications. Brown, M.G., 2007.The pocket guide to the Baldrige award criteria. CRC Press. Canas, K. and Sondak, H., 2013.Opportunities and challenges of workplace diversity. Pearson Higher Ed. Dychtwald, K., Erickson, T.J., and Morison, R., 2013.Workforce Crisis: How to Beat the coming shortage of skills and talent. Harvard Business Press. Fassinger, R.E., 2008. Workplace diversity and public policy: Challenges and opportunities for psychology.American Psychologist,63(4), p.252. Harvey, C.P., and Allard, M., 2015.Understanding and managing diversity. Pearson. Herring, C., 2009. Does diversity pay?: Race, gender, and the business case for diversity.American Sociological Review,74(2), pp.208-224. Jackson, S.E. and Joshi, A., 2011. Work team diversity. Kapoor, C. and Solomon, N., 2011. Understanding and managing generational differences in the workplace.Worldwide Hospitality and Tourism Themes,3(4), pp.308-318. Nishii, L.H., 2013. The benefits of climate for inclusion for gender-diverse groups.Academy of Management Journal,56(6), pp.1754-1774. Ozbilgin, M. and Tatli, A., 2008.Global diversity management: An evidence-based approach. Palgrave Macmillan. Pitts, D.W. and Recascino Wise, L., 2010. Workforce diversity in the new Millennium: Prospects for research.Review of public personnel administration,30(1), pp.44-69. Rice, M.F., 2015.Diversity and public administration. ME Sharpe. Roberge, M.E., and Van Dick, R., 2010. Recognizing the benefits of diversity: When and how does diversity increase group performance?.Human Resource Management Review,20(4), pp.295-308. Trompenaars, F. and Hampden-Turner, C., 2011.Riding the waves of culture: Understanding diversity in global business. Nicholas Brealey Publishing. Wales, A., Gorman, M., and Hope, D., 2010.Big Business, Big Responsibilities: From Villains to Visionaries: How Companies are Tackling the World's Greatest Challenges. Palgrave Macmillan.

Why Is the Divorce Rate so Low in Japan free essay sample

Japan has gained a reputation of having a low divorce rate compared to other countries. Indeed, between 1945 and 1990, the divorce rate of Japan has never been higher than 1. 5 per 1000 population. Since the 1990s, the divorce rate of Japan increased, reaching 2. 08 in 2005. even if we can consider this a low divorce rate in comparison with the U. S, compared with other industrialized country, it is an average rate. Then, why is Japans divorce rate considered so low? We will see first why I do not consider Japans divorce rate low, then the historical reasons of the divorce rate, the actual reasons of the divorce rate and, finally, what to expect in the future. gt;gt; why do I not consider the Japanese divorce rate low? Since World War II, Japan has been considered a country with really low divorce rate. Indeed, according to the figure 1. 2, Japan divorce rate in 1945 was 1. We will write a custom essay sample on Why Is the Divorce Rate so Low in Japan? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1 per 1000 of population. Since the 1960s, divorce rate in Japan has been growing, with a peak in 2002 when there have been 290,000 divorce. Since then, the divorce rate has decreased. In 2005, there has been 262. 000 divorce, and the divorce rate has been 2. 08 per 1000 population. Because a U. S. -Japan comparison formed the basis for the majority of divorce studies, the Japanese divorce rate appeared low. However, if Japan had been compared with Southern European countries like Spain, Greece, Portugal or Italy, its divorce rate would not have appeared particularly low. By 2000, the Japanese divorce rate placed the nation somewhere in the middle band of European countries, but still very low in comparison to the United States. Even though the American divorce rate has been declining in recent years, it is still extremely high compared with all European countries as the figure 1. 1 clearly shows. gt;gt; historical reasons of the actual level of the divorce rate? Elevated divorce rates in Japan arent a new phenomenon, indeed in the 19th century, Japanese divorce rates have been exceeded only by those in the 1970s in the United States. In the 19th century and before, it was fairly common for people to try marriage and to divorce if necessary. Remarriage was also normal for women and men. Even spouse testing was accepted inside the ociety. Only the samurai didnt follow this rule and married once and only. Until the introduction of the Meiji Civil Code of 1898, Japan had some of the highest divorce rates in the world. Under the old peasant marriage system, women were considered a valuable economic resource by families. Young wives were often tested out by the new family in trial marriages and if they did not me et the required standard, they were sent back home. Thus, most divorces occurred in the early stages of marriage. Remarriage rates for both men and women were high, but later marriages were usually stable. Harold Fuess wrote a book about the â€Å"forgotten history† of Japan divorce: Family, Gender and the State 1600-2000, by Harold Feuss. He explains how in 1898, the civil code and some new laws on family registration led to a sharp decline in divorce rates. One of the aims of the Meiji legislation was to discourage divorce and bring Japan more in line with European marriage and divorce trends. In its drive to modernize the country, the Meiji government managed to impose the anti-divorce values of the former elite Samurai classes on the general population. Samurai customs had previously only been associated with a very small fraction of the population. So successful were the governments efforts that nowadays most Japanese are unaware than their country once had one of the highest divorce rates in the world. The act in itself of codifying family regulation generated some frictions between customs, newly â€Å"invented traditions† and western legal practices, that made people believe of divorcing as a way of dishonoring ones family, group, or country. Therefore, between 1898 and 1940, the divorce rates declined. The strengthening of the institution of marriage was also helped by the economic growth and the industrialization of Japan. Indeed, thanks to the growth, each family had more or less a growing comfort level, it was usual for women not to work, in case of divorce, women were highly at a disadvantage: they could not support themselves, and therefore not a child. Marriage was therefore seen as an economic and social stability, furthermore, a new sexual morality has developed which reinforced the idea that marriage was a national disgrace and a poor reflection on women rights. Harold Fuess highlights the fact that the Japanese government has a big part of this idea that divorce is not part of the history of Japan. Indeed, in 1997, the government suppressed textbooks that reported the high divorce rates of the past. After World War II, Japan gained an undeserved reputation for low divorce rates, the current â€Å"explosion† of divorce rate is just Japan going back to the high level of the 19th century. gt;gt; what are the actual reasons of the divorce rate? As in other developed countries, the reasons why couples divorce are usually a complex combination of factors which vary from individual case and change over time. The most commonly cited reasons for Japanese divorce in the nineties were an extramarital affair, neglect of family, financial/economic problems, incompatibility, sexual problems, alcoholism, physical abuse and problems with in-laws. Some of the major social currents in the divorce equation were the changing concepts of marriage, a reluctance to have children, changing family structures, the emergence of more diverse family models, increased educational opportunities for women, enhanced female economic status, better career opportunities for women and positive media images of divorce, inter alia. But that are the reasons for divorce nowadays, lets concentrate on why people would not want a divorce, even when facing those problems. First of all, Japan is deficient in several areas of child support , most importantly having no mechanism in place for enforcing payment or collecting arrears. There is also no system for tracking down non-compliant fathers, no requirement to conduct DNA-paternity tests and no means for deducing money from the delinquent fathers salary. The courts normally do not take action if a spouse does not meet their obligations. To make matters worse, the legal framework for solving child support disputes is totally inadequate and requires an inordinate amount of time and money. People may not want to try and go alone in raising their children after a divorce considering all those problems concerning child support. Furthermore, the cost of rising a child in Japan is really high, therefore, with only one salary the perspective of rising children can be really hard. Indeed, after the divorce, usually children are under the care of their mothers, and the parental rights of the father are inexistent. Secondly, Divorce in Japan, like marriage, is easy if both parties agree to it. All you have to do is head for the Ward Office and fill out a Divorce Form. This is called kyougi rikon, or divorce by mutual consent, which happens, estimates a lawyer in about 80% of divorces. Assets, possessions, or property are divided up either informally or through the legal community. However, if both parties do not agree to divorce, things can get very messy. According to Japan Civil Code Article 770, there are five grounds for unilateral divorce: infidelity, malicious desertion (which for foreign spouses can include being deported), uncertainty whether or not the spouse is dead or alive for three years or more, serious mental disease without hope of recovery, or a grave reason which makes continuing the marriage impossible. What is considered a grave reason is unclear, and at the discretion of a judge if things go to court. However, the simple fact that you do not like each other anymore, i. e. a matter of irreconcilable differences, is not considered to be sufficient grounds. Here things begin to pinch. If one side refuses to agree to the divorce, you will have to negotiate until you do, which can take many years. You can legally separate, but this is not a divorce, and you cannot remarry. The fact that divorce can be so difficult in certain case leads people to seek legal separation instead of actual divorce. Plus, the access to court can be really difficult since there are not a lot of lawyer in Japan. Those are the two of the main reason why people do not seek to divorce in Japan, the difficulty of getting a divorce if there is no agreement, and the cost of rising children. gt;gt; what to expect for the future? Divorce may rise after a change in law in 2007. Indeed, spouses will be eligible for up to half of partners pensions. Hiromi Ikeuchi, author of The Costs and Benefits of Divorce in Middle Age, is convinced the decline since 2002 does not mean married couples have become more content. She believes many unhappy spouses have been biding their time since 2001, when discussions on changes to the pension system began. The revision was passed in 2004. Men have just recently begun learning about the new law that divides their employee pensions, but housewives have been aware of the change since around 2001. The recent dip in the divorce rate is merely the calm before the storm, and the number of divorces is likely to spike, even surpassing 300,000 in 2007. Though men appear blissfully unaware of the danger, Ikeuchi said many housewives, especially those over 50, are waiting patiently for the new rules to take effect. The new pension system was created to cope with the growing number of divorces among middle-aged couples and to support (divorced) women. Under the current system, divorced wives are only granted a basic pension of no more than 66,000 yen a month. By forcing husbands to share their employee pensions, which vary depending on average earnings and length of employment, a typical housewife could get up to twice as much if they hold out until April. There was also a change in the way welfare is distributed: all single parent households receive less money. Indeed, in 2006, a new law has been voted, the Health, Labor and Welfare ministry stopped giving the â€Å"mother child supplement† for depending children over 15 years old. 80% of single mother work. This figure includes widows, divorced women, and single mothers. They earn in average 30% of the income of an average household, and 17. % of them dont receive any money from the father of their children. This new law wont incite women to get a divorce, or on the contrary will incite them to marry and get a divorce. Indeed, as a never married woman with child receive less money than even a single father, and much less than a divorced woman. Therefore, it is more advantageous f or women to marry and then to divorce. Even if this change in welfare distribution may will be compensated by the law on spouse pension, the fact that single parents will receive less and less money from the state wont incite people to get a divorce. Conclusion: The divorce rate is not as low as it is believed. Indeed, mainly because it is compared with the U. S, Japans divorce rate is considered low. The main historical reason of this low divorce rate is the Meiji code and the new laws implemented in 1898, which complicated getting a divorce. Nowadays, people seems to be waiting the new law about pension in order to get a divorce, since people will be able to have a larger pension than what they could expect now. It is then highly probable that the divorce rate will rapidly increase after April 2007. Why Is the Divorce Rate so Low in Japan free essay sample Japan has gained a reputation of having a low divorce rate compared to other countries. Indeed, between 1945 and 1990, the divorce rate of Japan has never been higher than 1. 5 per 1000 population. Since the 1990s, the divorce rate of Japan increased, reaching 2. 08 in 2005. even if we can consider this a low divorce rate in comparison with the U. S, compared with other industrialized country, it is an average rate. Then, why is Japans divorce rate considered so low? We will see first why I do not consider Japans divorce rate low, then the historical reasons of the divorce rate, the actual reasons of the divorce rate and, finally, what to expect in the future. gt;gt; why do I not consider the Japanese divorce rate low? Since World War II, Japan has been considered a country with really low divorce rate. Indeed, according to the figure 1. 2, Japan divorce rate in 1945 was 1. We will write a custom essay sample on Why Is the Divorce Rate so Low in Japan? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1 per 1000 of population. Since the 1960s, divorce rate in Japan has been growing, with a peak in 2002 when there have been 290,000 divorce. Since then, the divorce rate has decreased. In 2005, there has been 262. 000 divorce, and the divorce rate has been 2. 08 per 1000 population. Because a U. S. -Japan comparison formed the basis for the majority of divorce studies, the Japanese divorce rate appeared low. However, if Japan had been compared with Southern European countries like Spain, Greece, Portugal or Italy, its divorce rate would not have appeared particularly low. By 2000, the Japanese divorce rate placed the nation somewhere in the middle band of European countries, but still very low in comparison to the United States. Even though the American divorce rate has been declining in recent years, it is still extremely high compared with all European countries as the figure 1. 1 clearly shows. gt;gt; historical reasons of the actual level of the divorce rate? Elevated divorce rates in Japan arent a new phenomenon, indeed in the 19th century, Japanese divorce rates have been exceeded only by those in the 1970s in the United States. In the 19th century and before, it was fairly common for people to try marriage and to divorce if necessary. Remarriage was also normal for women and men. Even spouse testing was accepted inside the ociety. Only the samurai didnt follow this rule and married once and only. Until the introduction of the Meiji Civil Code of 1898, Japan had some of the highest divorce rates in the world. Under the old peasant marriage system, women were considered a valuable economic resource by families. Young wives were often tested out by the new family in trial marriages and if they did not me et the required standard, they were sent back home. Thus, most divorces occurred in the early stages of marriage. Remarriage rates for both men and women were high, but later marriages were usually stable. Harold Fuess wrote a book about the â€Å"forgotten history† of Japan divorce: Family, Gender and the State 1600-2000, by Harold Feuss. He explains how in 1898, the civil code and some new laws on family registration led to a sharp decline in divorce rates. One of the aims of the Meiji legislation was to discourage divorce and bring Japan more in line with European marriage and divorce trends. In its drive to modernize the country, the Meiji government managed to impose the anti-divorce values of the former elite Samurai classes on the general population. Samurai customs had previously only been associated with a very small fraction of the population. So successful were the governments efforts that nowadays most Japanese are unaware than their country once had one of the highest divorce rates in the world. The act in itself of codifying family regulation generated some frictions between customs, newly â€Å"invented traditions† and western legal practices, that made people believe of divorcing as a way of dishonoring ones family, group, or country. Therefore, between 1898 and 1940, the divorce rates declined. The strengthening of the institution of marriage was also helped by the economic growth and the industrialization of Japan. Indeed, thanks to the growth, each family had more or less a growing comfort level, it was usual for women not to work, in case of divorce, women were highly at a disadvantage: they could not support themselves, and therefore not a child. Marriage was therefore seen as an economic and social stability, furthermore, a new sexual morality has developed which reinforced the idea that marriage was a national disgrace and a poor reflection on women rights. Harold Fuess highlights the fact that the Japanese government has a big part of this idea that divorce is not part of the history of Japan. Indeed, in 1997, the government suppressed textbooks that reported the high divorce rates of the past. After World War II, Japan gained an undeserved reputation for low divorce rates, the current â€Å"explosion† of divorce rate is just Japan going back to the high level of the 19th century. gt;gt; what are the actual reasons of the divorce rate? As in other developed countries, the reasons why couples divorce are usually a complex combination of factors which vary from individual case and change over time. The most commonly cited reasons for Japanese divorce in the nineties were an extramarital affair, neglect of family, financial/economic problems, incompatibility, sexual problems, alcoholism, physical abuse and problems with in-laws. Some of the major social currents in the divorce equation were the changing concepts of marriage, a reluctance to have children, changing family structures, the emergence of more diverse family models, increased educational opportunities for women, enhanced female economic status, better career opportunities for women and positive media images of divorce, inter alia. But that are the reasons for divorce nowadays, lets concentrate on why people would not want a divorce, even when facing those problems. First of all, Japan is deficient in several areas of child support , most importantly having no mechanism in place for enforcing payment or collecting arrears. There is also no system for tracking down non-compliant fathers, no requirement to conduct DNA-paternity tests and no means for deducing money from the delinquent fathers salary. The courts normally do not take action if a spouse does not meet their obligations. To make matters worse, the legal framework for solving child support disputes is totally inadequate and requires an inordinate amount of time and money. People may not want to try and go alone in raising their children after a divorce considering all those problems concerning child support. Furthermore, the cost of rising a child in Japan is really high, therefore, with only one salary the perspective of rising children can be really hard. Indeed, after the divorce, usually children are under the care of their mothers, and the parental rights of the father are inexistent. Secondly, Divorce in Japan, like marriage, is easy if both parties agree to it. All you have to do is head for the Ward Office and fill out a Divorce Form. This is called kyougi rikon, or divorce by mutual consent, which happens, estimates a lawyer in about 80% of divorces. Assets, possessions, or property are divided up either informally or through the legal community. However, if both parties do not agree to divorce, things can get very messy. According to Japan Civil Code Article 770, there are five grounds for unilateral divorce: infidelity, malicious desertion (which for foreign spouses can include being deported), uncertainty whether or not the spouse is dead or alive for three years or more, serious mental disease without hope of recovery, or a grave reason which makes continuing the marriage impossible. What is considered a grave reason is unclear, and at the discretion of a judge if things go to court. However, the simple fact that you do not like each other anymore, i. e. a matter of irreconcilable differences, is not considered to be sufficient grounds. Here things begin to pinch. If one side refuses to agree to the divorce, you will have to negotiate until you do, which can take many years. You can legally separate, but this is not a divorce, and you cannot remarry. The fact that divorce can be so difficult in certain case leads people to seek legal separation instead of actual divorce. Plus, the access to court can be really difficult since there are not a lot of lawyer in Japan. Those are the two of the main reason why people do not seek to divorce in Japan, the difficulty of getting a divorce if there is no agreement, and the cost of rising children. gt;gt; what to expect for the future? Divorce may rise after a change in law in 2007. Indeed, spouses will be eligible for up to half of partners pensions. Hiromi Ikeuchi, author of The Costs and Benefits of Divorce in Middle Age, is convinced the decline since 2002 does not mean married couples have become more content. She believes many unhappy spouses have been biding their time since 2001, when discussions on changes to the pension system began. The revision was passed in 2004. Men have just recently begun learning about the new law that divides their employee pensions, but housewives have been aware of the change since around 2001. The recent dip in the divorce rate is merely the calm before the storm, and the number of divorces is likely to spike, even surpassing 300,000 in 2007. Though men appear blissfully unaware of the danger, Ikeuchi said many housewives, especially those over 50, are waiting patiently for the new rules to take effect. The new pension system was created to cope with the growing number of divorces among middle-aged couples and to support (divorced) women. Under the current system, divorced wives are only granted a basic pension of no more than 66,000 yen a month. By forcing husbands to share their employee pensions, which vary depending on average earnings and length of employment, a typical housewife could get up to twice as much if they hold out until April. There was also a change in the way welfare is distributed: all single parent households receive less money. Indeed, in 2006, a new law has been voted, the Health, Labor and Welfare ministry stopped giving the â€Å"mother child supplement† for depending children over 15 years old. 80% of single mother work. This figure includes widows, divorced women, and single mothers. They earn in average 30% of the income of an average household, and 17. % of them dont receive any money from the father of their children. This new law wont incite women to get a divorce, or on the contrary will incite them to marry and get a divorce. Indeed, as a never married woman with child receive less money than even a single father, and much less than a divorced woman. Therefore, it is more advantageous f or women to marry and then to divorce. Even if this change in welfare distribution may will be compensated by the law on spouse pension, the fact that single parents will receive less and less money from the state wont incite people to get a divorce. Conclusion: The divorce rate is not as low as it is believed. Indeed, mainly because it is compared with the U. S, Japans divorce rate is considered low. The main historical reason of this low divorce rate is the Meiji code and the new laws implemented in 1898, which complicated getting a divorce. Nowadays, people seems to be waiting the new law about pension in order to get a divorce, since people will be able to have a larger pension than what they could expect now. It is then highly probable that the divorce rate will rapidly increase. Why Is the Divorce Rate so Low in Japan free essay sample Since the World War II, Japan has gained a reputation of having a low divorce rate compared to other countries. Indeed, between 1945 and 1990, the divorce rate of Japan has never been higher than 1. 5 per 1000 population. Since the 1990s, the divorce rate of Japan increased, reaching 2. 08 in 2005. even if we can consider this a low divorce rate in comparison with the U. S, compared with other industrialized country, it is an average rate. Then, why is Japans divorce rate considered so low? We will see first why I do not consider Japans divorce rate low, then the historical reasons of the divorce rate, the actual reasons of the divorce rate and, finally, what to expect in the future. gt;gt; why do I not consider the Japanese divorce rate low? Since World War II, Japan has been considered a country with really low divorce rate. Indeed, according to the figure 1. We will write a custom essay sample on Why Is the Divorce Rate so Low in Japan? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2, Japan divorce rate in 1945 was 1. 1 per 1000 of population. Since the 1960s, divorce rate in Japan has been growing, with a peak in 2002 when there have been 290,000 divorce. Since then, the divorce rate has decreased. In 2005, there has been 262. 000 divorce, and the divorce rate has been 2. 08 per 1000 population. Because a U. S. -Japan comparison formed the basis for the majority of divorce studies, the Japanese divorce rate appeared low. However, if Japan had been compared with Southern European countries like Spain, Greece, Portugal or Italy, its divorce rate would not have appeared particularly low. By 2000, the Japanese divorce rate placed the nation somewhere in the middle band of European countries, but still very low in comparison to the United States. Even though the American divorce rate has been declining in recent years, it is still extremely high compared with all European countries as the figure 1. 1 clearly shows. gt;gt; historical reasons of the actual level of the divorce rate? Elevated divorce rates in Japan arent a new phenomenon, indeed in the 19th century, Japanese divorce rates have been exceeded only by those in the 1970s in the United States. In the 19th century and before, it was fairly common for people to try marriage and to divorce if necessary. Remarriage was also normal for women and men. Even spouse testing was accepted inside the ociety. Only the samurai didnt follow this rule and married once and only. Until the introduction of the Meiji Civil Code of 1898, Japan had some of the highest divorce rates in the world. Under the old peasant marriage system, women were considered a valuable economic resource by families. Young wives were often tested out by the new family in trial marriages and if they did not me et the required standard, they were sent back home. Thus, most divorces occurred in the early stages of marriage. Remarriage rates for both men and women were high, but later marriages were usually stable. Harold Fuess wrote a book about the â€Å"forgotten history† of Japan divorce: DIVORCE IN JAPAN: Family, Gender and the State 1600-2000, by Harold Feuss. He explains how in 1898, the civil code and some new laws on family registration led to a sharp decline in divorce rates. One of the aims of the Meiji legislation was to discourage divorce and bring Japan more in line with European marriage and divorce trends. In its drive to modernize the country, the Meiji government managed to impose the anti-divorce values of the former elite Samurai classes on the general population. Samurai customs had previously only been associated with a very small fraction of the population. So successful were the governments efforts that nowadays most Japanese are unaware than their country once had one of the highest divorce rates in the world. The act in itself of codifying family regulation generated some frictions between customs, newly â€Å"invented traditions† and western legal practices, that made people believe of divorcing as a way of dishonoring ones family, group, or country. Therefore, between 1898 and 1940, the divorce rates declined. The strengthening of the institution of marriage was also helped by the economic growth and the industrialization of Japan. Indeed, thanks to the growth, each family had more or less a growing comfort level, it was usual for women not to work, in case of divorce, women were highly at a disadvantage: they could not support themselves, and therefore not a child. Marriage was therefore seen as an economic and social stability, furthermore, a new sexual morality has developed which reinforced the idea that marriage was a national disgrace and a poor reflection on women rights. Harold Fuess highlights the fact that the Japanese government has a big part of this idea that divorce is not part of the history of Japan. Indeed, in 1997, the government suppressed textbooks that reported the high divorce rates of the past. After World War II, Japan gained an undeserved reputation for low divorce rates, the current â€Å"explosion† of divorce rate is just Japan going back to the high level of the 19th century. gt;gt; what are the actual reasons of the divorce rate? As in other developed countries, the reasons why couples divorce are usually a complex combination of factors which vary from individual case and change over time. The most commonly cited reasons for Japanese divorce in the nineties were an extramarital affair, neglect of family, financial/economic problems, incompatibility, sexual problems, alcoholism, physical abuse and problems with in-laws. Some of the major social currents in the divorce equation were the changing concepts of marriage, a reluctance to have children, changing family structures, the emergence of more diverse family models, increased educational opportunities for women, enhanced female economic status, better career opportunities for women and positive media images of divorce, inter alia. But that are the reasons for divorce nowadays, lets concentrate on why people would not want a divorce, even when facing those problems. First of all, Japan is deficient in several areas of child support , most importantly having no mechanism in place for enforcing payment or collecting arrears. There is also no system for tracking down non-compliant fathers, no requirement to conduct DNA-paternity tests and no means for deducing money from the delinquent fathers salary. The courts normally do not take action if a spouse does not meet their obligations. To make matters worse, the legal framework for solving child support disputes is totally inadequate and requires an inordinate amount of time and money. People may not want to try and go alone in raising their children after a divorce considering all those problems concerning child support. Furthermore, the cost of rising a child in Japan is really high, therefore, with only one salary the perspective of rising children can be really hard. Indeed, after the divorce, usually children are under the care of their mothers, and the parental rights of the father are inexistent. Secondly, Divorce in Japan, like marriage, is easy if both parties agree to it. All you have to do is head for the Ward Office and fill out a Divorce Form. This is called kyougi rikon, or divorce by mutual consent, which happens, estimates a lawyer in about 80% of divorces. Assets, possessions, or property are divided up either informally or through the legal community. However, if both parties do not agree to divorce, things can get very messy. According to Japan Civil Code Article 770, there are five grounds for unilateral divorce: infidelity, malicious desertion (which for foreign spouses can include being deported), uncertainty whether or not the spouse is dead or alive for three years or more, serious mental disease without hope of recovery, or a grave reason which makes continuing the marriage impossible. What is considered a grave reason is unclear, and at the discretion of a judge if things go to court. However, the simple fact that you do not like each other anymore, i. e. a matter of irreconcilable differences, is not considered to be sufficient grounds. Here things begin to pinch. If one side refuses to agree to the divorce, you will have to negotiate until you do, which can take many years. You can legally separate, but this is not a divorce, and you cannot remarry. The fact that divorce can be so difficult in certain case leads people to seek legal separation instead of actual divorce. Plus, the access to court can be really difficult since there are not a lot of lawyer in Japan. Those are the two of the main reason why people do not seek to divorce in Japan, the difficulty of getting a divorce if there is no agreement, and the cost of rising children. gt;gt; what to expect for the future? Divorce may rise after a change in law in 2007. Indeed, spouses will be eligible for up to half of partners pensions. Hiromi Ikeuchi, author of The Costs and Benefits of Divorce in Middle Age, is convinced the decline since 2002 does not mean married couples have become more content. She believes many unhappy spouses have been biding their time since 2001, when discussions on changes to the pension system began. The revision was passed in 2004. Men have just recently begun learning about the new law that divides their employee pensions, but housewives have been aware of the change since around 2001. The recent dip in the divorce rate is merely the calm before the storm, and the number of divorces is likely to spike, even surpassing 300,000 in 2007. Though men appear blissfully unaware of the danger, Ikeuchi said many housewives, especially those over 50, are waiting patiently for the new rules to take effect. The new pension system was created to cope with the growing number of divorces among middle-aged couples and to support (divorced) women. Under the current system, divorced wives are only granted a basic pension of no more than 66,000 yen a month. By forcing husbands to share their employee pensions, which vary depending on average earnings and length of employment, a typical housewife could get up to twice as much if they hold out until April. There was also a change in the way welfare is distributed: all single parent households receive less money. Indeed, in 2006, a new law has been voted, the Health, Labor and Welfare ministry stopped giving the â€Å"mother child supplement† for depending children over 15 years old. 80% of single mother work. This figure includes widows, divorced women, and single mothers. They earn in average 30% of the income of an average household, and 17. % of them dont receive any money from the father of their children. This new law wont incite women to get a divorce, or on the contrary will incite them to marry and get a divorce. Indeed, as a never married woman with child receive less money than even a single father, and much less than a divorced woman. Therefore, it is more advantageous f or women to marry and then to divorce. Even if this change in welfare distribution may will be compensated by the law on spouse pension, the fact that single parents will receive less and less money from the state wont incite people to get a divorce. Conclusion: The divorce rate is not as low as it is believed. Indeed, mainly because it is compared with the U. S, Japans divorce rate is considered low. The main historical reason of this low divorce rate is the Meiji code and the new laws implemented in 1898, which complicated getting a divorce. Nowadays, people seems to be waiting the new law about pension in order to get a divorce, since people will be able to have a larger pension than what they could expect now. It is then highly probable that the divorce rate will rapidly increase after April 2007.

The effects of aging and mental health The WritePass Journal

The effects of aging and mental health 1. INTRODUCTION The effects of aging and mental health ), though this is not commonly discussed with the elderly and they are often not aware of the differences between the biological changes they should expect to experience and the onset of disease which may affect their mental health or capacity to be independent (Ennis and Bunting, 2013). Furthermore, we seek need to explain the differences between the expected biological changes that they may experience and when medical help should be sought so that this group become more aware of mental health problems (Callaghan, 2004). As if these remain undiagnosed and untreated, they may result in the development of other more serious conditions (Ferraro and Wilkinson, 2013). This is why this research is so important. Therefore, this study shall be undertaken to explore this phenomena. 5.1. RESEARCH QUESTIONS In line with the findings from the literature review above, provisionally, the following research questions have been developed. Do elderly patients understand which services are available to them and how these can be accessed? Are elderly patients are aware of how their mental health may change as they grow older? What recommendations can be made in regards to how elderly patients may gain an improved understanding of which services are available to them and how these can be accessed? 5.2. METHODOLOGY This study shall be based on the surveys, which will (Aveyard, 2009), to seek to ascertain how prevalent the issues, which have been outlined above are (Bowling, 2005). It is hoped that this will lead to a number of recommendations, which may be made to seek to resolve or to improve the information regarding the services, which are available to the elderly through the NHS in the UK. 5.3. RESEARCH PHILOSOPHY The research philosophy, which has been adopted for this study is positivism (Green and Thorogood, 2006). This means that the research will be based on objective factors, which are collated through observation (Blaxter, Hughes and Tight, 2001). This shall be undertaken by seeking to gauge the opinions of elderly patients through disseminating questionnaires to them to seek to understand how prevalent the issues associated with the mental health care of the elderly are in the UK. 5.4. RESEARCH APPROACH The research approach, which has chosen for this study is qualitative in nature. A qualitative study is a piece of primary research, which seeks to understand real world issues. Therefore the surveys, which shall be conducted, shall seek to ascertain how the elderly feel that they are informed of current services, which are available to them through the NHS in the UK.This will allow the researcher to explore the problem, which was outlined above and to see if any new recommendations should be made to help to ensure that elderly patients receive the correct information in regards to the services, which are available to them through the NHS. 5.5. RESEARCH STRATEGY The research strategy, which has been chosen for this study is surveys (Robson, 2002), which will be combined with an empirical methodology to seek to ensure that the findings from these are validated. 5.6. DATA COLLECTION Data collection shall be undertaken by disseminating a number of surveys to elderly patients, who attend their GP surgeries. These shall be used to collect information to investigate the research problem, which has been stated above. 5.7. DATA ANALYSIS All analyses shall be based the results of the surveys which are disseminated and statistical tools such as, SPSS.. 5.8. ACCESS Access to this these patients shall be agreed with the managers of GP surgeries prior to he undertaking of this study. 5.9. RELIABILITY, VALIDITY, AND GENERALISABILITY The findings from this study should be reliable and repeatable, as the methods shall be based on a survey work, which will be conducted in a number of doctor’s surgeries in the United Kingdom. Additionally the results from these shall be statistically analysed. This will ensure that the parameters of the study are met and that the results can be generalised to wider populaces. 5.10. ETHICAL ISSUES Issues such as, patient confidentiality and privacy have been considered, the aims of the research shall be communicated to respondents prior to their involvement in the research. Once they have agreed to take part, they will be given a statement, which details the nature of the study, how their responses and identities shall be kept confidential and how the results will be utilised by the researcher. Furthermore, the researcher shall provide their contact details on the questionnaire to ensure that if respondents have any concerns or queries regarding the study they can be answered. Each of these factors shall ensure that this research shall be conducted and undertaken in an ethical manner, so that individual’s confidentiality, personal information and opinions remain private. 5.11. RESEARCH LIMITATIONS As this research is based on survey research there may be a number of limitations, which need to be considered. These stem from a number of issues such as the fact that respondents may not fully complete their questionnaires, they may not wish to partake in the study, the number of responses to the surveys may be limited, it may be challenging to find doctors surgeries who are willing to let their patients take part in this research or the findings from the research may be limited due to responses given by respondents. However, if this is the case then the parameters of the study shall be re-examined to seek to ensure that these limitations are minimised where possible. 6 CONCLUSION In conclusion, this study shall be undertaken by conducting survey research in a number of doctor’s surgeries in the United Kingdom. The information which is collated from these surveys will be enable us to ascertain if the current methods which are utilised by the NHS to inform elderly patients of the information and services which are available to them In regards to their mental health meets their needs. This will also enable us to ascertain to what extent and how effectively the elderly are able to access information and services through the NHS. Once this information has been collated and analyzed where appropriate a number of recommendations may be made. 7 TIME CHART Tasks Task Lead Start End Literature Review Researcher 08/08/2013 29/08/2013 Write Up Results Researcher 29/08/2013 30/09/2013 Write Methodology Researcher 21/09/2013 21/10/2013 Collate Data Researcher 21/10/2013 21/01/2014 Write up results Researcher 21/01/2014 21/01/2014 Write discussion Researcher 21/01/2014 21/02/2014 Write conclusions Researcher 21/02/2014 30/02/2014 REFERENCES Age Concern (2007) Promoting Mental Health and Well-Being in Later Life. Available @ nationalcareforum.org.uk/content/Inquiry%20report%20Promoting%20mental%20health%20and%20well-being%20in%20later%20life%20-%20Executive%20Summary%20and%20Recommendations.pdf (Accessed 08/08/2013) Aveyard, H. (2009) Doing a literature review in health and social care. Maidenhead: Open University Press. Bauermeister, S. (2012). Lifestyle activities, mental health and cognitive function in adults aged 50 to 90 years. Available from http://v-scheiner.brunel.ac.uk/handle/2438/7069 (Accessed 08/08/2013). Blaxter L., Hughes C. and Tight, M. (2001) How to research. Buckingham: Open University Press. Bowling, A. and Embrahim, S. (2005) Handbook of health research methods. Maidenhead: Open University Press. Burns, R. (2000) Introduction to research methods. London: Sage. Callaghan, P. (2004). Exercise: a neglected intervention in mental health care? Journal of psychiatric and mental health nursing, 11(4), 476-483. Dahl, A. A., Olssà ¸n, I. (2013). Unfavorable health conditions associated with high social anxiety in the elderly: A community-based study. Nordic Journal of Psychiatry, 67(1), 30-37. Dwyer, K. K. (1998). Communication apprehension and learning style preference: Correlations and implications for teaching. Communication Education, 47(2), 137-150. Ennis, E., Bunting, B. P. (2013). Family burden, family health and personal mental health. BMC Public Health, 13(1), 1-9. Ferraro, K. F., Wilkinson, L. R. (2013). Age, Aging, and Mental Health. In Handbook of the Sociology of Mental Health (pp. 183-203). Springer Netherlands. Fried, L. P., Carlson, M. C., Freedman, M. M., Frick, K. D., Glass, T. A., Hill, M. J., Zeger, S. (2004). A social model for health promotion for an aging population: initial evidence on the Experience Corps model. Journal of Urban Health, 81(1), 64-78. Gilbert, N. (2008) Researching social life. London: Sage. Green, J. (2000). The role of theory in evidence-based health promotion practice. Health Education Research, Oxford University Press. Green, J. and Thorogood, N. (2006) Qualitative methods for health research. London: Sage. Guardian (2007) Mental Health Services are failing the Elderly. Available @ guardian.co.uk/uk/2007/aug/13/health.politics (Accessed 08/08/2013). Hancock, G. A., Reynolds, T., Woods, B., Thornicroft, G., Orrell, M. (2003). The needs of older people with mental health problems according to the user, the carer, and the staff. International journal of geriatric psychiatry, 18(9), 803-811. Hill, R. D., Duffy, M. (2012). Promoting Healthy Aging in Counseling Psychology. The Oxford Handbook of Prevention in Counseling Psychology, 315. Hunkeler, E. M., Katon, W., Tang, L., Williams, J. W., Kroenke, K., Lin, E. H., Unà ¼tzer, J. (2006). Long term outcomes from the IMPACT randomised trial for depressed elderly patients in primary care. Bmj, 332(7536), 259-263. Jarvis, P. (2012). Adult learning in the social context (Vol. 78). Routledge. Jokela, M., Batty, G. D., Kivimki, M. (2013). Ageing and the prevalence and treatment of mental health problems. Psychological medicine, 1-9. Jones, P. B. (2013). Adult mental health disorders and their age at onset. The British Journal of Psychiatry, 202 (s54), s5-s10. Kolb, D. A. (1984). Experiential learning: Experience as the source of learning and development (Vol. 1). Englewood Cliffs, NJ: Prentice-Hall. Lehmann, H., Syrdal, D. S., Dautenhahn, K., Gelderblom, G., Bedaf, S., Amirabdollahian, F. (2013, February). What Should a Robot do for you? -Evaluating the Needs of the Elderly in the UK. In ACHI 2013, The Sixth International Conference on Advances in Computer-Human Interactions(pp. 83-88). Meadows, G., Harvey, C., Fossey, E., Burgess, P. (2000). Assessing perceived need for mental health care in a community survey: development of the Perceived Need for Care Questionnaire (PNCQ). Social psychiatry and psychiatric epidemiology, 35(9), 427-435. Olson, S. J. (2013). Public Health for an Aging Society. Health Promotion Practice, 14(1), 7-9. Robson, C. (2002) Real world research. Oxford: Blackwell. Saks, M. and Allsop, J. (2007) Researching health qualitative, quantitative and mixed methods. London: Sage. Shah, A., Bhat, R. (2008). The relationship between elderly suicide rates and mental health funding, service provision and national policy: a cross-national study. International Psychogeriatrics, 20(3), 605-615. Thoits, P. A. (2013). Self, identity, stress, and mental health. In Handbook of the sociology of mental health (pp. 357-377). Springer Netherlands. Tones, K. and Green, J (2004). Health Promotion Planning and Strategies. London: Sage Wills, J. and Earle, S. (2007), Theoretical perspectives on promoting public health. IN: Earle, S., Lloyd, C.E., Sidell, M., Spurr, S. Theory and research in promoting public health. Sage publications in association with the Open University.

Journey in the Faculty of Education Essay Example | Topics and Well Written Essays - 500 words

Journey in the Faculty of Education - Essay Example From the knowledge and experience that I had gained I provided my students with study materials, answered their queries, conducted tests to ascertain their level of understanding of the subject and finally assessed the student’s performance. In addition to my principle role as an educator I also donned the role of a counselor and I strongly believe that through counseling teachers can develop reciprocal and supportive relations with students. From my experience I have learnt that in some cases teachers are expected to intervene and solve some problems connected with the student’s personal life due to its influence on the student’s academic performance. Being a counselor also implies giving the right motivation and encouragement to students. However, at times problems can arise if a student misunderstands such an encouragement from teachers and get too personal with the teacher. At such situations, I believe that it is the concerned teacher’s responsibility to make the student understand the limits of their relationship by effectively communicating their views. This would help to provide the right motivations for the students and prevent any form of deviant behavior. Such clarifications will make the educational process more effective and at the same time enjoyable for both the student and the teacher. It is common knowledge that a teacher’s roles is to be a bridge to the community. Apart from imparting academic knowledge, building character and behavior of the students, I also strongly believe that teachers need to teach community and societal responsibilities to their students. Teachers must teach their students to stick to the rules and norms of the society and community in which they live and duly perform their responsibilities. They should also provide moral and ethical underpinnings of life to their students. This would help children grow in to socially responsible individuals and prevent

Cognitive and Human Performance Assignment Example | Topics and Well Written Essays - 250 words

Cognitive and Human Performance - Assignment Example In this specific situation, MENTAL IMAGE is used. In order for me to tell you where my alarm clock stays in my bedroom and how it is angled relative to my bed, I need to create a mental picture or visualization of my room. 4. You are looking to purchase a hybrid car the runs on fuel and electricity. Your friend excitedly tells you about a new Toyota model. However, based on her description, you immediately recognize that it’s not a hybrid. SCHEMA is being used in this specific situation. Since my friend’s description of the â€Å"New Toyota Model† contradicted what you know about it or your â€Å"prior knowledge† on the description of a hybrid car, you concluded that she is not talking about a hybrid car. In order to explain how does it work, I need to know that if ever I’ll be sending my friend in Spain an email, most probably, my friend will receive it â€Å"real time†. Since I’ll be using prior knowledge to explain it, SCHEMA is used in this situation. Gentner and Stevens’ Mental Model (1983) proposes that Mental Models provide humans with information on how physical system works. In this specific situation, my friend rationalized that she started experiencing migraines since she drank red wine four days ago, thus, she uses MENTAL MODEL however she does not know the scientific explanation why her body reacted that

Religous Social Stratification Essay Example | Topics and Well Written Essays - 2250 words

Religous Social Stratification - Essay Example Slavery is the extreme form of inequality where some people are literary owned by others, the estate system consist of strata which have differing rights, the caste system is merely a rigid class system in which members are born into and in which escape is by extreme difficulties example the India caste system. The open class system is a class system in which there is the possibility of social mobility where one can move up the social ladder through education, marriage or even by chance or luck.2 According to the functionalist perspective on social inequality, Davis and Moore perceived social stratification and inequality as one that plays a role in the proper working of society in that all social systems share certain functional prerequisite which must be met for the society to operate efficiently and effectively. One of these prerequisites is effective role allocation and performance and this means that all roles must be filled by those who are best able to perform them. The mechanism that ensures proper role allocation is social stratification, roles are different in terms of importance and therefore there is the need to attach unequal rewards to the role.3 We will focus our discussion on social strati... We will consider the social stratification of these churches as one that plays an important role in the proper functioning of these religious institutions. RELIGIOUS SOCIAL STRATIFICATION: The Catholic Church: The Roman Catholic Church is the largest in terms of number of followers, this church is headed by the pope, the pope has final authority in all matters and he appoints cardinals who are below him in command. The catholic churches all over the world share common faith, common principles of church policies and organization and also common liturgy.4 The cardinals are directly below the pope in authority, they are appointed by the pope and when a pope in command dies they appoint a new pope, therefore they are second in command after the pope, and however the cardinals are bishops appointed by the pope from all over the world.5 The third rank is the bishop's position, he bishop heads a diocese which is the unit of organization in the Catholic Church, the bishop has the authority to admit priests into his diocese and also to exclude them from his diocese, he also assigns duties and priest to various parishes in his diocese.6 The clergy and the nuns are the last rank where the clergy is responsible of administering worship in the churches or parishes, the stratification into ranks of the Catholic Church can be diagrammatical simplified below.7 The diagram shows social stratification of the Catholic Church starting from those who rank high in the social ladder (the pope) to those who rank low in the social ladder (clergy and nuns), further the pope can only be one and the number increases downwards, cardinals are less than 300 in number and the number of the clergy and the nuns is large. The

History and Importance of the Geneva Motor Show

History and Importance of the Geneva Motor Show   Introduction The International Geneva Motor Show, commonly known as the Geneva Motor Show, is an exposition of the most trendy, important, and relevant brands on the automobile industry (Auto Express, 2017). Widely believed Europes most important cars exposition, this event is holding some of the most high-priced and high-value car launches in record. It is one of the most important dates on the car lovers calendar. (Auto Express, 2017). The first time the Geneva Motor Show was held, was in the year 1905. It is almost as old as the invention of the motor vehicle. Since then, it has been holding the debuts from some of the most iconic cars in history. For example: The Jaguar E-Type, the Aston Martin DB7, and the Range Rover. All of these, were presented to the public on Geneva press conferences (Auto Express, 2017). The 87th Geneva Motor Show was celebrated on Thursday, 9th of March, 2017 for ten days. Car brands, such as Ferrari, McLaren and Lamborghini, introduced to the public faster, more advance and more luxurious versions of their sports cars. Not just that, extravagant SUVs were showcased by Land Rover and Mercedes-Benz this year event (Wiener-Bronner, D. 2017). Methodology This report is going to be a documentary recompilation of online articles from reputable newspapers and automobile magazines, such as Bloomberg CNN; Auto Express; Car Magazine and Top Gear. All relevant about the history and importance of the Geneva International Motor Show. The Exposition The 2017 Geneva International Motor Show was hosted at the Palexpo Arena, in the city of Geneva in Switzerland. This years event has been open to the public from 9 of March for 10 days (Pollard, 2017). The worlds biggest car companies were converging at this exposition to show off their best innovations to the market. Electric technology, autonomous driving, and lots of horsepower were the dominant topics of the event (Elliott et al., 2017). As it was mentioned before, two examples of the high-priced and luxurious cars presented on the event this year are: The Lamborghini Huracà ¡n and the Ferrari which is priced at ‎à ¢Ã¢â‚¬Å¡Ã‚ ¬292,000 or $308,000 (Elliott et al., 2017). Despite the fact that Tesla (the biggest electric car company at the moment) did not appear this year at the show, other automakers promised to reveal new electric vehicles. That is the case of Renault, that said they would unveil an EV surprise, and Toyota, declared that would show off a new electric car concept named the i-TRIL Concept. (Wiener-Bronner, D. 2017). Iconic Showcases It has been a long period between the beginning of the automobile industry begun to debut at 1903 to the present. Along the years had been numerous presentations and introductions of new models that can be said, shocked the public and the market. According to Jamieson (2017), from Top Gear, the following are some of the most iconic vehicles ever presented on Geneva, since the first days of this exposition: 1929, Mercedes SSK. The car was created before the great depression. Drivers like Rudolf Caracciola, and thanks to this machine, who was attracted to the first time he saw it, won races in Argentina, Northern Ireland and a series of Grand Prix races across Europe. 1935, Citroen Traction Avant. This vehicle was the pioneer introducing the monocoque chassis, full independent suspension and front wheel drive. 1952, Fiat 8V. This model came with a two-litre V8 engine, that produced 125 horsepower, an aluminium sump, forged crankshaft, polished heads and four-into-one headers made from stainless steel. It is said that the 8V was probably the most advance European car of that era. 1961, Jaguar E-type. When this car was unveiled in Geneva, it caused such an uproar that a second vehicle had to be bought, from Coventry, to satisfy the demand for test drives at the event. The very same, Enzo Ferrari, said that the E-Type was the most beautiful car he had ever seen. 1963, Mercedes 230SL. Aluminium panels reduced the car weight. A short wheel base and double wishbone suspension given a superior handling. All these elements, I addition of a fuel-injected engine, makes this machine a serious competitor to Ferraris models. 1971, Lamborghini Countach. The road-going version of the vehicle had a five-litre V12 engine. Although, the 25th Anniversary model came with the 5.2-litre version of the engine and 425 horsepower. 1995, Ferrari F50. Thanks to the 4.7-litre V12 engine with 510 horsepower, in addition a Pininfarina design, this car got the major attention of that years event. Conclusion As a conclusion, the Geneva International Motor Show, not only has become as an industrial exposition for companies to sell their products, but also has become a space to display technological innovations to the public. Similarly, the exposition is an opportunity to have the chance to look in a close perspective, and even touch and experience the feeling of a luxurious and high performance car for the majority of enthusiast of sport and classic automobiles. References Auto Express (2017). Geneva Motor Show. Retrieved from http://www.autoexpress.co.uk/geneva-motor-show Pollard, T. (2017). Dont miss a single Geneva motor show story with our handy guide. Retrieved from http://www.carmagazine.co.uk/car-news/motor-shows-events/geneva/2017/geneva-motor-show-2017-preview-a-z-of-all-the-new-cars/ Elliott H., Behrmann E., Rauwald C. (eds.). (2017). The Most Breathtaking Cars at the Geneva Motor Show. Retrieved from https://www.bloomberg.com/news/photo-essays/2017-03-08/the-most-breathtaking-cars-at-the-geneva-motor-show Wiener-Bronner D. (2017). Jobs report; Geneva Motor Show. Retrieved from http://money.cnn.com/2017/03/05/investing/stocks-week-ahead/ Jamieson, C. (2017). The ten biggest debuts from the Geneva Motor Show. Retrieved from https://www.topgear.com/car-news/geneva-motor-show/ten-biggest-debuts-geneva-motor-show#1

Politics and Religion in the Herbert’s Dune Novels Essay -- Dune

Politics and Religion in the Herbert’s Dune Novels There are a variety of political and religious concepts throughout the Dune novels that varies so much through the novels which makes it a complex and cogitative science fiction series. The Dune novels are popular with many fans and partly this is due because of its political and religious structures. This essay will be focussing primarily on the first four Dune novels written by Frank Herbert. In the first novel, the Qizarate is composed of missionaries and is a religious body that carries Muad'dib's religion across the universe (Herbert Dune Messiah 8). Muad'dib is a character in three of the Dune novels and originally was named Paul Atreides who was heir to the Atreides throne of power. After living on a planet called Arrakis also known as Dune, the Fremen renamed him Muad'dib after they accepted him into their society. The Fremen are native people that had lived on Arrakis for a long time but were never political or religious leaders of the planet as they were mostly detached from off world influence. The Qizarate maintains control of the planets it occupies with Muad'dib's religion. The population of the universe see Muad'dib as their god whether they like it or not and they can not deny his power religiously. Korba, the person in charge of the Qizarate in Dune Messiah, works with Muad'dib about Muad'dib's religion and is a panegyrist who delivers eulogies and pr aise for his god (Herbert Dune Messiah 8, 57). Korba seems to be fanatically involved with this religion. Korba goes far enough to attempt to create a martyr of Muad'dib, all for the sake of his religion (Herbert Dune Messiah 9). The Bene Gesserit wanted to control the religion of the univers... ...l structure struggles with internal and external forces. The Dune series is popular because it requires the reader to think, and there is more to that than just a story. Works Cited Herbert, Frank. Children of Dune. New York : Ace Books, 1987. Herbert, Frank. Dune Messiah. New York : Berkley, 1969. Herbert, Frank. God Emperor of Dune. New York : Putnam, 1981. McLean, Susan. "A Question of Balance: Death and Immortality in Frank Herbert's Dune Series". Death and the Serpent: Immortality in Science Fiction and Fantasy. (1985): 145-152. O'Reilly, Timothy. Frank Herbert. Frederick Ungar Publishing Co., Inc. 1981. Palumbo, Donald. "The monomyth as fractal pattern in Frank Herbert's Dune novels". Science Fiction Studies 25.3 (Nov. 1998): 433-58. Touponce, William F. Frank Herbert. Boston: Twayne Publishers, 1988.

The Adventures of Huckleberry Finn: Satire

Mark twain is one of the best writers to use satire in his novels. In the novel The Adventures of Huckleberry Finn, the author puts in a lot of angry and bemused satire. In this essay I will tell you some bemused satires and angry satire that the author uses. I will also tell you what I think it means. â€Å"Oh yes this is a wonderful government, wonderful why looky here, there was a free nigger there from Ohio†¦Ã¢â‚¬ ( The Adventures of Huckleberry Finn Pg. 32). Pap said this right after he saw a free African American walking by. Pap also says â€Å"He had the whitest shirt on you ever see, too, and the shinest hat; and there ain’t a man in that town that’s got as fine clothes as what he had†¦Ã¢â‚¬ (pg. 32). He says this after he visited Huck. So what is Mark Twain trying to tell us here? I think he is trying to tell us that the people hate to see a slave walking freely, with better clothes then they have. The white people hate to see a black man living a better life then the white people. He is also mocking on how the northern states have outlawed slavery, and how the southern states couldn’t do anything about it. This is angry satire because mark twain is angry at the people and the people and the government. Tom and Huck found the money that the robbers hid in the cave, and they both got 6 thousand dollars apiece from it. Huck at that time lived with the widow but he didn’t like it so he ran away. The author stated â€Å"But tom sawyer, he hunted me up and said he was going to start a band of robbers, and I might join if I would go back to the widow and be respectable†(pg. 3). I think that Mark Twain is saying that when we were kids we were silly. The author says â€Å"Now says Ben Rogers, what’s the line of business of this gang? Nothing only robbery and murder, Tom said†(pg. 11). Mark Twain is trying to tell us that when we were kids we were stupid and had a big imagination. This is a bemused type of satire because it is funny how the kids acted. So far I have told you some of the author’s bemused and angry satires. I have also told you what I think these Quotes mean. Now that you have seen them, the author used a lot more good ones in the novel. Now it is your turn to try to find satire quotes in the novel.

Law of Contract Essay

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad idem or are of the same mind. The parties to the contract have mutual understanding of what the contract covers, eg. In a contract for the sale of a ‘mustang’ the buyer thinks that he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable. Offer and Acceptance Agreement = offer + acceptance Requirements of a valid offer * Offer must be definite. It must not: * Leave aspects of the agreement dependent upon the future will of parties (Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey) * Invitations to tender (Spencer v Harding) * Newspaper advertisements in general (Shepherd v Farrel Estate Agency) * Advertisements by transport companies of their charges for conveying goods (Frazer v Frank Johnson) * Displays in shop windows (Crawly v Rex) * Displays on self service counters (Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd) * Restaurant menus. Reward Cases Adverts constitutes offer (Carlill v Carbolic Smoke Co One reward is only offered first person doing what is required is entitled to that reward. (Lee v American Swiss Watch Co.) No reward may be claimed by anyone who fulfilled the requirement not knowing of that reward (Bloom v American Swiss Co.) What is required must be done voluntarily. * Offer must not have been revoked. Offer may have been revoked or lapse in one of the following ways: * Offeree is notified that it has been revoked. * Either the offeror or offeree dies. * Lapse of a reasonable period of time. * Supervening impossibility or illegality * Rejection as where the offoree makes a counter offer which contradicts the original offer by proposing specific alterations to the terms of that offer. * Offer must be one on which an optimal time limit has not expired. * Note: keeping an offer open until the offeree is in a position to accept is permissible, since the period, although unknown, is not indefinite (Hanekan v Mouton) * In the case of an option which is offered gratuitously, silence is not acceptance (Beinart v Zeffert) * The right of acceptance of an option, provided that it is also a cash sale, can be ceded. (Hersh v Nel) * Written acceptance of an oral option is only valid upon receipt regardless of the distance between the parties. (Smeiman v Volkersz) * A provisional option allows either party to withdraw before the due date, whilist an option for a limited time at the descetion of the offeror similarly allows that offeror to withdraw, as state at his discretion. (Gerson v United Tobacco Co.s) Termination of the Offer * By acceptance- an offer which has been accepted constitutes a contract. That offer is no longer available for acceptance. * By rejection- an offer is rejected if: 1) The offeree notifies the offeror that he does not wish to accept the offer. 2) The offeree attempts to accept the offer but subject to certain conditions. 3) The offeree makes a counter offer (Hyde v Wrench) * By revocation before acceptance- an offer may be revoked (withdrawn) any time before acceptance, but will only be effective when the offeree learns about it. * If the offer lapses-the offeror may stipulate that the offer is only open for a limited period of time. Once it has lapsed any acceptance is invalid. Even if no time limit is mentioned, the offer will not remain open indefinately. It must be accepted within a reasonable period of time. * Death- if the offeror dies after having made an offer and the offeree is notified of the death any acceptance will be invalid. * Failure of a condition attached to the offer. An offer may be made subject to conditions. Such a condition may be stated expressly by the offeror or implied by the courts from the circumstances. If the condition is not satisfied, the offer is not capable of being accepted. Requirement of a valid acceptance * Acceptance must be definite and unconditional. (Watermeyer v Murray & Jones v Reynolds) acceptance must be unequivocal and stated intention to accept is not adequate. (Boerne v Harris) * Acceptance must be communicated. * Mere stated intention to accept is insufficient. (Dietirchsen v Dietrichsen) * Acceptance may be ither expressly stated or manifested by conduct. (Reid Bros v Fisher Bearings Co) * Silence can not be acceptance. (East Asiatic Co.v Midland Manufacturing Co.) except where there is a duty expressly to repudiate as with brokers notes. (Benoni Produce & Coal Co. v Grendelfinger) * An offeror is free to dispense with the normal modes of communication to indicate alternative methods of acceptance eg by dispatch of goods (Rex v Net &Mackenzie v Farmer’s Co-op Ltd) * Where specific form of communication is demanded by the offerror acceptance by any other method is void. (Eliason v Henshaw) * Whilist an offeror may prescribe the manner of acceptance, he may not prescribe the manner of refusal.eg by taking acceptance for grantedif the offeree has not acted in a certain way by a certain time. (Felthouse v Bindley) Acceptance by post or telegram or telephone or telex In acceptance by post, the basic rule is that the manner of offer implies the manner of acceptance, consequently: * Where written acceptance follows a written offer, acceptance is valid at the timeof posting (Cape Explosive Works Ltd v Lever Brothers Ltd) * Where written acceptance follows an oral offer or option (Smeiman v Volkers) acceptance is only valid upon receipt regardless of the distance between the parties. But * Where offeror has demanded some other form of acceptance, written acceptance is void (Eliason v Henshaw). Note: * Acceptance to a wrong address due to the offeror’s fault, is valid unless the offeree knew or suspected without checking, but where the mistake is the offoree’s acceptance is void. * Acceptance to the correct address, where the offeror has left that address without notifying the offeree is valid. (Naude v Malcom) * Correctly addressed and posted acceptance which does not arrive is valid. (Household Fire Insurance Co. v Grant) * An address incorrectly spelt by the offeree will only postpone acceptance to the time of receipt if the error was so fundamental as to cause delay. (Levben Products Ltd v Alexander Films Ltd) * Acceptance must be made by person for whom the offer was intended. Right of acceptance can not be ceded by offeree to a third party. (Blew v Snoxell & Bird v Summerville) * Acceptance must not be based on some justifiably mistaken. A contracting party may only avoid a contract based on his mistake if: * Justus error was present and he was therefore blameless plus * Mistake was maternal and essential or important. Ticket Cases Unsigned document such as tickets or receipts, which contain terms waiving liability on the part of contracting party A which are unknown to the other party B. Thus B can only sue A if B is blameless and this will only be the case if all of the following apply * There was no public notice displaying the terms. * The terms were not pointed out. c) The ticket was not of the type. * Contractual Capacity, meaning that the parties are legally capable of contracting. Only persons can contract, a person having the capacity to acquire rights and duties. But not only natural persons can do so. Our law recognizes the existence of artificial persons who can likewise acquire rights and duties. The most important of these are companies incorporated in terms of the companies act. The general rule is that every person is able to contract freely, within the limits of the law. But there are certain persons of limited contractual capacity whose power to enter into binding agreements is limited. Minors: a minor is a unmarried person under the age of 18. During the term of his minority he is under the custody and lawful authority of a guardian whose duty it is to maintain the minor until he can maintain himself, administer his property and assist him in contracting. * Unassisted contracts A minor may not, as a general rule sue or be sued or contract without the assistance of his guardian should he attempt to do so the contract is void. The Roman Dutch authorities speak of such purpoted contracts as being void in one direct (that is as far as the minor is concerned) and valid in another (that is as far as the other is concerned. A minor may, however, in certain cases acquire a perfectly valid obligation without his guardian’s assistance. These obligations are only exceptionally contractual, even though they often arise in the course of attempts to contract. * Enrichment Wherever a minor is unjustly enriched in terms of a purpoted contract he is bound to the extent that he is enriched. He is bound to restore to the other party to the purpoted contract so much of what he has received as remains in his possession or to pay a sum of money to the value of the advantage received. But the minor is not bound by the contract, the contract remains void. His obligation arises simply because he has been enriched at someone else’s expense. (Tanne v Foggit) * Fraudulent Misrepresentation of Majority Where a minor fraudulently misrepresents his age or pretends that he has been emancipated and by so doing deceives another person who is induced to contract with the minor, believing him to be of full age or emancipated, the minor incurs an obligation. But once again the obligation is not contractual. The minor is not bound by the contract, which is void. But the fraud being a delict, he is bound delictually to make good to the other party any loss he suffered as a result of the fraud. It is essential that the other person be misled, otherwise there can be no loss as a result of the fraud. It follows that a minor must be of such an age that it is possible for an innocent person to be misled. * Tacit Emancipation Where a minor is tacitly emancipated he can incur a binding contractual obligation within the field of his emancipation. Tacit emancipation occurs where a minor is allowed by his guardian to carry on business, or any other occupation, on his own behalf. In such circumstances the minor may himself validly contract in regards to that business. He may not, however, contract outside that business without his guardian’s consent. * Ratification Where a minor purports to contract without his guardian’s consent the contract may be subsequently ratified by either guardian, when the effect is precisely the same as if the guardian had consented at the time of the contract or the minor himself on attaining majority. Such ratification may be express or implied. It is implied eg where a person after attaining his majority, continues to use an article, which he purpoted to buy during his minority as his own, or indicates otherwise by his actions an intention to be bound. (Stuttaford & Co v Oberholzer) Once the ratification has taken place the contract is rendered valid and effective from the time of the purpoted agreement. The authority which was lacking is supplied by the subsequent ratification. Assisted contracts A minor is bound either by contracts on his behalf by his guardian or by contracts made by himself with the assistance of the guardian. * Mentally ill persons A purpoted contract made by a mentally ill person is void if at the time of agreement he could not understand and appreciate the transaction into which he purpoted to enter or if his consent was motivated or influenced by an insane decision cause by mental disease. All persons are presumed to be sane, unless they have been declared mentally disordered by an expert in the medical field. The contract is presumed void unless it can be shown that it was entered into at a time when the person concerned was in full possession of his faculties. (Prisloo’s Curators v Crafford & Prinsloo) or that his state of mind was such that he was able to understand the nature of the contract into which he entered and to appreciate properly the duties and responsibilities which were created by that contract. * Drunk Persons Where a person enters into a purpoted contract while so drunk that he does not know he is entering into a contract or he has no idea of the terms of the contract, the contract is void. The fact of drunken ness will not prevent the person concerned from incurring an obligation on the ground of enrichment. * Prodigals A prodigal (that is a person declared by the court to be incapable of managing his affairs as a result of a propensity to squander his assets) cannot contract with regard to his property. If he purports to do so the contract is void. Ut outside the field of his property he is entitled to contract freely. He may marry. The court in declaring a person to be prodigal appoints a curator bonis whose duties are to administer the affairs of the prodigal, subject to the overriding approval of the courts. * Insolvent Persons The sequestration of the estate of insolvent divests him of his estate and vests it, after appointment in a trustee. Property which he subsequently acquires before rehabilitation also vests in the trustee with certain exceptions. Certain restrictions are place on his freedom to contract, but he is in all other respects fully capable of contracting The restrictions are: -an insolvent may not contract in such a way as to purport to dispose of any property of his insolvent estate. -he may not without the written consent of his trustee enter into any contract whereby his estate is likely to be adversely affected. -he may not without the written consent of his trustee have any interest in or be employed in the business of a trader who is a general dealer. Should the insolvent, however purpot to contract in breach of these provisions of the act the contract is not void. It remains valid until it is set aside by the trustee. * Persons who have been convicted of Crime In certain cases, which do not require setting out in detail, ad which vary dependency on the crime committed and the sentence, imposed convicted persons are subject to various disqualification eg if convicted of theft, fraud, forgery or perjury and sentenced to imprisonment, they are disqualified from being appointed company directed. * Alien Enemies An alien enemy (namely a person residing or carrying on business in enemy territory) may not sue on our courts and all commercial relations with him is prohibited. * Serious Intent, meaning the parties intend their agreement to be binding and legally enforceable. When parties enter into an agreement ‘subject to contract’ they are expressly stating that they will not be bound unless and until a formal contract is drawn up. * Necessary Formalities. In some cases , certain formalities (writing) must be observed. * Contracts which must be in the form of a deed. Certain transactions involving land require a deed that is conveyances, legal mortgages and leases for more than 3 years. A promise of a gift is not binding unless in this form. * Contracts which must be in writing a contract for the sale or other disposition of land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed. In one document or where the contracts are exchanged in each. The document must be signed by or on behalf of each party to the contract. Bills of exchange, cheques and promissory notes must be in writing. Similarly the transfer of shares in a limited company must be in writing. Employment contracts should be in writing with terms and conditions of employment. * Possibility of performance that is performance of the contract must be possible. * Legality that is the agreement must be lawful. The purpose of the agreement must not be illegal or contrary to public policy where a contract involves some wrong doing, It will be illegal. If however, the conduct is neither immoral or blameworthy but simply undesirable the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. Contracts illegal at common law * Contracts to commit crimes or civil wrongs eg a contract to assassinate someone or to defraud Zimra * Contracts involving sexual immorality * Contracts tending to promote corruption eg contract to bribe an official. * Contracts trading with an enemy of the state * Contracts directed against the welfare of a friendly foreign state. * Contract prejudicial to the administration of justice eg contract not to prosecute a person for an offence concerning the public. * Genuineness of Consent The agreement must have been entered into freely and involves a meeting of the minds. The agreement must not be invalidated by a number of factors, mistake, misrepresentation, duress and undue influence. * Mistake The general rule is that mistake does not affect the validity of a contract. The guiding principle is the caveat emptor which means ‘let the buyer beware.’ So if a person agrees to pay $1000 for a car which in reality is only worth $500, the contract is valid and he must stand the loss. It should be noted that a mistake at law will not invalidate a contract, since everyone is presumed to know the law. There are , however some kinds of mistake which so undermine the agreement that the contract is void. If this is the case, no rights of ownership can pass and any goods which have changed hands can be recovered. A mistake will invalidate the contract in the following situations. * Mistakes as to the subject matter of the contract. The parties may be mistaken as to the identity of the subject matter. If a seller makes an offer in respect of one thing and the buyer accepts, thinking of something else, the parties are clearly talking at cross purposes and there is no contract. * – mistake as to the identity of one of the parties. This may invalidate the contract where the identity of the party to the contract is material to the contract, a mistake will result in the contract being void. Where the identity of the party is not material, the contract will be valid until the mistaken party avoids the contract for misrepresentation. * Mistaken signing of a written document. As a general rule, a person who signs a document is assumed to have read, understood and agreed to its contents. Exceptionally, a person may not be able to plead ‘nonest factum’- ‘it is not my deed.’ 3 factors must be present if the contract is to be avoided, the signature must have been induced by fraud, the document signed must be fundamentally different from that thought to be signed and the signer must not have acted negligently. Rescission of terms The court may be prepared to set aside an agreement provided the parties accept the conditions imposed by the court for a fairer solution to the problem Rectification If a mistake is made in reducing an oral agreement into writing, the court may rectify the document so that it expresses the true intention of the parties. Specific performance A court may refuse to grant an order for specific performance against a party who made a mistake, if it would be unfair to enforce the contract against him. * Misrepresentation The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may turn out to be false. The nature of the statement will determine whether a remedy is available and if it is what type of remedy. A false stamen which is not incorporated into the contract is known as misrepresentation. A misrepresentation is a false statement made by one party to induce the other to enter into a contract. It must be shown that the statement has induced the person to whom it was made to enter into a contract. Kinds of misrepresentation and their effects There are 3 kinds of misrepresentation; fraudulent, negligent or innocent. In each case the contract is voidable. * Fraudulent Misrepresentation If the person making the statement knows that what he said is false, he will be liable for fraud. The injured party may rescind the contract and also sue for damages for the deceit. * Negligent Misrepresentation This is where the person making the false statement has reasonable grounds for believing it to be true. Damages may be awarded for a negligent misstatement. * Innocent Misrepresentation Is a false statement made by a person who had reasonable grounds to believe that it was true, not only when it was made, but also when the contract was entered into. The basic remedy is rescission of the contract. Rescission It aims to restore the parties to their pre contractual positions. Money or goods which have changed hands must be returned. * Duress and Undue Influence The general rule of law is that a contract will only be valid if the parties entered into it freely and voluntarily. Where a party to a contract or his family is subjected to threats of violence, the contract may be avoided on the grounds of duress. In undue influence, the relationship between the parties may be such that one occupies a position of dominance and influence over the other. There are several relationships such as doctor and patient, solicitor and client, parent and child where it is automatically assumed that undue influence has been at work. The contract will be set aside unless the dominant person can prove that the complainant had independent advice. Where there is no special relationship between the parties the complainant must prove that pressure was applied. Breach of Contract This may occur in a number of ways. It may be an anticipatory or actual breach. * Anticipatory Breach This is where a party states in advance that he does not intend to carry out his side of the contract or puts himself in a position whereby he will be unable to perform. The injured party may sue immediately for breach of contract or alternatively wait for the time for performance to arrive to see whether the other party is prepared to carry out the contract. * Actual Breach One party may completely fail to perform his side of the bargain or he may fail to carry out one or some of his obligations. Not every breach of contract has the effect of discharging the parties from their contractual obligations. The terms of the contract may be divided into those terms which are important (conditions) and the less important terms (warranties). A breach of a condition does not automatically terminate the contract. The injured party has a choice: he may wish to be discharged from the contract and claim damages for the breach. A breach of warranty only entitles the injured party to sue for damages. Remedies Every breach of contract will give the injured party the right to recover damages (financial compensation) other remedies such as specific performance and injunction, may be granted at the discretion of the court as part of its equitable jurisdiction. Damages In the business world it is quite common for the parties to agree in advance the damages that will be payable in the event of a breach of contract. These are known as liquidated damages. If there is no prior agreement as to the sum to be paid, the amount of damages is said to be unliquidated damages. Liquidated Damages The parties establish at the outset of their relationship the financial consequences of failing to live up to their bargain. Provided the parties have made a genuine attempt to estimate the likely loss, the courts will accept the relevant figure as the damages payable knowing the likely outcome of any legal action, the party at fault will simply pay up without argument. Unliquidated Damages The aim is to put the injured party in the position he would have been if the contract had been carried out properly. Damages are designed to compensate for the loss. If no loss has been suffered, the court will only award nominal damages: a small sum to mark the fact that there had been a breach of contract. Equitable Remedies The normal remedy for breach of contract is an award of damages at common law. There are some situations, however where damages would neither be adequate nor appropriate. Equity developed other forms of relief to ensure that justice is done. The more important of these equitable remedies are specific performance and injunction. Specific Performance A decree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations. Failure to comply with the directions of the court, lays the defendant open to imposition of penalties for contempt of court. Injunction This is an order of the court requiring the party at fault not to break the contract. Its main use is to enforce the negative promises that can that can occassionaly be found in employment contracts. The employee may agree eg not to work in a similar capacity for a rival employer during the period of his contract. Cancellation of the Contract The parties to a contract may expressly agree that breach of a certain term will entitle one of them to cancel the contract. Such express terms entitling cancellation may take any form, but the most common are forefeiture clauses, fore closure clauses and the lex commissoria. A forefeiture clause in a contract of letting and hiring is a clause which entitles the landlord to cancel the lease and have the tenant ejected. If the tenant is in breach of certain specified terms one of which is usually the payment of rent on the due date. In the absence of such a forefeiture cluse, a term governing the payment of the rent on a particular date is not material term and the land lord canot therefore terminate the contract merely on the ground that the lesee is in arrear with the rent. A foreclosure clause in a mortgage is a clause entitling the mortgagee to call up the bond where the mortgagor is in default usually by non payment of interest on due date. A lex commissoria is a provision in a contract of sale that the seller is entitled to cancel the contract on breach of one or other of the terms of the contract usually non payment of an instalment in the case of a sale where payment is made by instalments. Such a lex commissoria may, and usually does, contain valid penal provisions entitling the seller to retain so much of the purchase price as had already been paid to him, despite his cancellationof the contract and recovery of the subject matter of the sale. Termination of Contracts Performance A contract is terminated by the performance of the reciprocal obligations of the parties. Set off Where 2 parties are in debt to each other and the debts are due and liquidated, both debts are automatically extinguished if they are of the sameamount. If one is larger than the other, the smaller is extinguished and the larger automatically reduced by the amount of the smaller debt. Merger It is the concurrence of the debtor and creditor in the same person and in respect of the same obligation. It destroys the obligations in respect of which it operates. Thus if x is the tenant of y and he purchases the property from y, the lease comes to an end and for the capacities of landlord and tenant are merged in x. Agreement The parties may by agreement put an end to contractual obligations by waiver or novation. In both cases the express or implied agreement of both parties is necessary. * Waiver Is the abandonment of rights by one or both parties to a contract. It is itself a contract which requires offer and acceptance in the ordinary way. Agreement to waive may be implied, but the courts will not lightly infer the abandonment of a right. It must appear clearly from the words or conduct of the parties. The person who waives a right can only effectively do so if he has full knowledge of the right. If he purports to waive a right while ignorant of its extent even as a result of ignorance of the law the waiver is ineffective, despite the rule ignoratia uris haud excusat, provided the ignorance is probable and justifiable. The abandonment may be of all rights under the contract, which is in other words cancelled by mutual agreement, or of only certain of the rights eg waiver of one party only. Novation It occurs where the parties agree to a new contract which replaces the only one completely. The original contract is therefore terminated a new contract comes into being. The new contract, may indeed bring third parties to the original contract into the new one as parties (eg assignment and delegation) Cession on the other hand is really something different. There is not a rule to the new contract and therefore no novation. The original contract remains in existence but the right to receive performance is ceded by the cedent to the cessionary. Compromise is an agreement between persons for the settlement of a matter in dispute, each party abating some of its previous demands. If parties to a contract dispute each other’s rights in terms of the contract and subsequently they compromise their rights are regulated by the compromise and not by the original contract which falls away. In such a case, as the parties enter into a new contract which replaces the old one, it is clear that compromise is a form of novation and the ordinary rules apply eg a compromise requires strict proof, the presumption being against it. Insolvency The contractual rights and duties of an insolvent are affected in various ways by the sequestration of his estate. The majority of the rights and duties of the insolvent vest automatically in the master of the supreme court until the appointment of a trustee when they vest in the trustee. It is the duty of the trustee to recover all debts due to the estate, to liquidate the estate and to distribute the proceeds among the creditors who have proved claims against the estate. Insolvency is terminated by rehabilitation by court order. Rehabilitation discharges all debts of the insolvent, which were due, or the cause of which had arisen before sequestration. Death Death of a party does not terminate the contract. A form of compulsory assignment takes place and the rights and duties of the deceased, other than in terms of contracts involving personal skill which are terminated, pass to the executor.