Wednesday, January 22, 2020

The Odyssey Essay -- Homer, Odyssey Essays

The Odyssey details Odysseus’ arduous return to his homeland. Ten years have passed since the end of the Trojan war and Odysseus, the â€Å"most cursed man alive†, has been missing and presumed dead by many. (10.79). Throughout the novel, gods play a significant role in the fate of Odysseus and other characters. The extent of the gods’ role though is not unqualified, contrary to Telemachus’ suggestion that, â€Å"Zeus is to blame./He deals to each and every/ laborer on this earth whatever doom he pleases† (1.401-403). While Zeus does have this power, his description of how humans meet their fate is more accurately depicted throughout the novel. As he aptly points out, â€Å"from us alone, the say, come all their miseries, yes,/ but they themselves, with their own reckless ways,/ compound their pain beyond their proper share† (1.38-52). While the gods do doom certain mortals, many of these mortals exacerbate their ill fate by making ras h decisions and ignoring the gods’ warnings. The gods are also not always disrupting mortals lives; they often aid mortals in need. In fact, mortals who effectively court the favor of the gods often benefit greatly. While the gods’ powers are unquestionable, no one god’s power is insurmountable. Gods can be outsmarted and their wrath escaped. The Odyssey, in congruence with Zeus’ statement, ultimately, portrays human freedom as existent, but limited. While mortals do not unjustly complain about their fates, they fail to acknowledge that they are also responsible for their ill fate, as mortals themselves, possess a sizable degree of control. There is little doubt that Odysseus and his crew are unlucky, but had it not been for their brash decisions they would have reached Ithaca much sooner. After Od... ...st have some level of freedom, even if it is limited. Telemachus is valid in complaining of how Zeus dooms mortals. Zeus, unequivocally, causes many mortals pain and suffering. Zeus, though, aptly points out that mortals magnify their own pain and suffering. Zeus’ ability to acknowledge that gods are the root of mortals’ pain strengthens his credibility. Mortals’ abilities to successfully navigate their circumstances will lead to an easier life. If mortals are able to avoid the ill will of the gods, by securing the favor of the gods and making intelligent decisions, they will not â€Å"compound their pain beyond their proper share† (1.52). The final position of The Odyssey supports Zeus’ belief in regard to mortals’ misery, since he acknowledges his own role in their suffering, which is clearly evident, while also recognizing how mortals increase their own pain.

Tuesday, January 14, 2020

Earth is my mother Essay

The author’s purpose in writing was to understand for herself and to be able to present Navajo sandpaintings as â€Å"dynamically sacred living entities whose meanings lie in the process of their creation and use† (page xix). Sandpaintings, created from different colored sands and sacred objects, are not art. They are representations of mythical beings and legends created for the purpose of reestablishing someone’s health and harmony. The study of sandpaintings and their various meanings permits the reader considerable insight into Navajo land-tied religious beliefs, world view, creation myths, society, history, and even concepts of time. The author, Trudy Griffin-Pierce, provides little autobiographical information in the book. She mentions her rootless Air Force upbringing and how her early readings were devoted to books about Native American culture, especially the Navajo. Although she is distantly related to the Catawba Indians of South Carolina, she always felt a kinship with the Navajo and lived for a time with a Navajo family, learning their traditions, history, and language. This bond drew her to Arizona after she completed her undergraduate degree in art at Florida State University. N. Scott Momaday, in his â€Å"Forward†, adds that Ms. Griffin-Pierce is a very creative artist, capable of understanding and discussing the artistic dimension of the Navajo world. She makes the inventive and imaginative Navajo system of belief without our understanding. Ms. Griffin-Pierce received her doctorate in anthropology from the University of Arizona in 1987, where she is currently Assistant Professor in the Anthropology Department and teaches three courses. The information on her website at the University of Arizona reveals that this was her first published book. She has written four newer books, The Encyclopedia of Native America (1995), Native Americans: Enduring Cultures and Traditions (1996), Native Peoples of the Southwest (2000), and Paridigms of Power: The Chiricahua Apache Prisoners of War and Naiche’s Hide Paintings (in press); and two articles, â€Å"When I am Lonely the Mountains Call Me: The Impact of Sacred Geography on Navajo Psychological Well Being†, and â€Å"Navajo Religion†. All of her writings center on the history of Indians in the United States’ Southwest. She is currently studying aging and dementia among Arizona’s Native Americans. In Earth is my Mother; Sky is my Father, Ms. Griffin-Pierce details Navajo religious beliefs, world views, historical myths, societal structure, and astronomical concepts before she discusses the use and structure of Navajo sandpaintings. Basic Navajo religious beliefs are still followed by many Navajos who chose not to assimilate the tenets of Christianity presented to them in the 1800’s. There is no word for â€Å"religion† in the Navajo language. Spirituality, health, harmony, and beauty are inseparable. The universe is an all-inclusive whole where everything has a unique place and beneficial relationship to all other living things. God is the â€Å"Unknown Power† worshipped through His Creation. The Navajo also have a close relationship with the Holy People, with whom they interact daily. (page 34) Navajo religious beliefs are closely tied to their intense longing for and their love of their homeland, which they consider the â€Å"point in space from which all conceptions of the cosmos proceed†. (page xv) The land and the earth is their foundation of all belief, wonder, and meaning in human existence, and the four sacred mountains are the center. There are no permanent religious centers. The Native American Church is a local peyote visionary religion.    The Navajo have a circular concept of time that permits their mythic, spiritual world to coexist with their physical world. The author suggests that the Navajo sacred sandpaintings cannot be understood unless we accept the Navajo’s â€Å"mythopoetic context of layered time, space, and meaning†. (page 7) Navajo spirituality affirms humanity’s place in nature as a whole. Their ceremonies restore the interconnectedness of all life. They believe sickness results from failure to maintain reciprocal responsibilities with the environment, infringement of ceremonial rules, and transgressions against one’s own mind and bodies. Her purpose in writing this book is to share a more humane, more connected view of the world and its contributions in reestablishing humanity’s alignment with the universe. (page 9) Navajos still worship gods and goddesses of specific purposes. Their deities include the Sun; Changing Woman, who brings the earthly seasons; and their children, Hero Twins, Monster Slayer, Born-for Water, First Man and First Woman, First Boy and First Girl, the trickster Coyote, and the Speechless Ones, who cannot utter words. (page 34) These are often depicted in the sandpaintings. Navajos have a concept of the â€Å"Holy Wind†, reminiscent of the Christian Holy Spirit, as a being that exists everywhere and is in all living beings. For them this means that all living beings are related and that humanity has a responsibility to care for other living beings. Curiously, in Navajo Creation stories, the Holy People spoke, sang, and prayed the world into existence with their sacred words. Since everyone has an inner form and is part of the Holy Wind, each has a Holy Person located within. Oneness with the universe creates a responsibility to treat one’s fellow creatures with the same respect one has towards oneself. (page 73). The Navajos were among the last American Indians to migrate from Asia to North America and were late in arriving in the Southwest. They settled in the geographical area bounded by the four Sacred Mountains in the Four Corners area of the Southwest. Their geographical isolation protected them from diseases brought by the Spaniards and provided them with access to stealing their horses, sheep, and goats. They learned weaving from the Pueblos. The Navajo societal structure was and is matriarchal, clan, and family based, and they dwell in isolated family groups structured by the nuclear family, the matrilocal extended family, close relatives, and other relatives. Many Navajo live in frame houses today, but some still choose well-constructed hogans. (page 21) Navajo ceremonial healings involving sandpaintings are conducted by highly trained practitioners called â€Å"chanters† who have learned to sing the elaborate Navajo rituals. The Navajo chanter can cure witchcraft, exorcise ghosts, and establish immunity to illness.   A chanter is a priest, not a shaman, and never enters the shaman’s characteristic trance state. Most chanters are men. Women become diagnosticians, or shamans who acquire knowledge in a trance state. (page 39) Navajo ceremonials are rites (rattle is not used) or chants (rattle accompanies singing. The major rites (Blessingway and Enemyway) use drypaintings with pigments made from plants, including corn, pollens, cornmeal, flower petals, and charcoal. The author explains that Enemyway is a form of exorcism against the ghosts of aliens, violence, and ugliness. The chanting ceremonies (Holyway, Evilway, or Lifeway) use sandpaintings of different colors of sand, ocher and charcoal. Other sacred objects, vegetation, and bowls of water are incorporated into both types of ceremonies. (pages 40-41) There are hundreds, if not thousands, of different sandpainting designs. A sandpainting is a place of entry where supernaturals enter and leave, attracted by their likenesses in the painting. The establishment of this pathway lets the evil or illness in the patient be replaced by the good, or healing power of the supernatural being. (page 43) The healing ceremonies last for several days. It takes four to six people three to five hours to complete a sandpainting six feed in diameter. The workers begin in the center and work outwards. (page 45. The Navajos’ basic concept is that the powers of the heavens and earth are drawn into the sandpainting for the purpose of healing. Time is compressed so that powerful mythic events of the past coexist with the present and restore harmony and well being to the person being healed. (page 58) The sandpainted image is intended to let the sick person project his or her mind through time and space, rising above present earthly limitations.   The Navajo layered worldview becomes meaningless during a ceremony as all layers of heavens and underground become one. The Navajos study the constellations and star arrangements primarily for determination of seasons, and they are not part of the ceremonial core of sandpaintings, even though depictions of mythical gods of creation in the form of constellations may be used. (page 103) One of the more interesting myths is how Younger Brother went to the sky country and met an inner circle of hostile beings whom he left to stay with the friendly Star People in the outer dwellings. These friendly Star People, whom the Navajo call â€Å"The People†, and the hostile beings are still incorporated into sandpaintings. The author concentrated on the â€Å"Mother Earth, Father Sky† sandpainting because it is the most familiar to outsiders and presents the most detailed depiction of the Navajo heavens of sandpaintings in use today. (page 175) She describes the intricate, careful, detailed process involved in making a sandpainting. Mother Earth and Father Sky must be identical in shape and size. The act of creating a sandpainting is healing because it focuses everyone’s thoughts on the principles of balance and order. (page 177) The painting becomes â€Å"alive† to serve its transcendent purpose when the chanter strews sacred pollen on it and blesses those attending. (page 183). The sacred and blessed sandpainting forces the patient to reconnect in time and space to past and present sacred forces and reminds the patient of her connectedness to humans present physically or spiritually. (page 194) This book accomplishes the author’s stated purposes and does discuss the themes in detail. However, the information is disorganized and scattered, making the book itself hard to read. The author’s purpose was to teach the reader how to understand and appreciate the making, content, and purpose of Navajo sandpainting, which she accomplishes. Some of the information presented about Navajo religious beliefs is curiously similar to Christianity, and the author does not sufficiently discuss whether or not these were original to the Navajo who migrated to the Americas or picked up and changed a bit from what Christian missionaries tried to teach them. The Navajo ties to the religious symbolism of their land is remarkably similar to early Hebrew thought, but no mention is made of that. The textual sources used by the author are all documented research papers or books that are fairly recent in date. One would wish earlier sources had been consulted on some issues, but their availability is not known. The author combines quite boring detailed information with her myths and more lively text, making the book itself a challenge to complete. BIBLIOGRAPHY Southwest Studies Program. Biography of Trudy Griffin-Pierce. University of Arizona. http://web. arizona. edu/~swst/faculty/tgpierce. htm. Griffin-Pierce, Trudy. Earth is my Mother; Sky is my Father. Albuquerque: University of New Mexico Press, 1992.

Monday, January 6, 2020

Background, Uprbringing and Character of Franklin Delano...

Background, Uprbringing and Character of Franklin Delano Roosevelt In this essay I will be looking at the up coming of Franklin Delano Roosevelt. In this question I am seeing if Roosevelt’s background, upbringing and character helped him to understand the concerns of normal Americans. There were many factors; which helped him to understand their concerns. In the late 1920’s America was a booming country due to all the loans people were taking out. They borrowed money to buy shares which they gained profits in. then in 1929, the Wall Street crash occurred. People rushed out to sell shares because they realised companies were doing badly. Businesses collapsed and thousands of people were ruined,†¦show more content†¦He only gave the money so that he received better facilities and care at the natural pools. Overall, I believe that Franklin Delano Roosevelt’s background, upbringing and character helped him to understand the concerns of normal Americans. I think this because the evidence I have shown the positive points have out weighed the negative points. I think FDR’s background and upbringing prepared him to understand the concerns of normal Americans and his character helped him understand what the concerns of normal Americans were. Franklin suffering from polio was the main factor for me, for him understanding the concerns of Americans. I believe FDR’s background, upbringing and character did help him to understand the concerns of normal Americans. In this essay I am going to see how far was Franklin Delano Roosevelt was himself responsible for his election victory? In 1932 before the election, America was in a poor state. The people were suffering badly from the depression, very few people had jobs or they had jobs with little pay. The people who voted had the choice of who to vote in. There was Herbert Hoover, President at the time and Franklin Delano Roosevelt. (The new man on the block.) Hoover’s views on the depression were that he should do nothing; he did try a few things. He

Sunday, December 29, 2019

Is The Cold War Really Over - 1430 Words

Danny Le Mr. Frey AP US Govt. 15 Nov. 2014 Is the Cold War Really Over? Many Americans have controversies whether the Cold War is over or not. The Cold War era began with ideological battles in the West and East. Political tensions and events are growing in the current conflicts in the Middle East and varied countries. The term â€Å"cold war† has rose again as new conflicts emerged from the Cold War era. After the prolong conflict between the West and East, the two sides continued their movement to bring sphere of influence over foreign countries. There are factors that concern upon the political events in foreign nations such as the War on Terror, Russian intervention in Ukraine, and ISIS emergence in Iraq and Syria. The United States declared war on the Al-Qaeda, a terrorist organization who was involved in the 9/11 attacks. The country also listed the leaders of the group to be terminated on their campaign to end terrorism, including Osama bin Laden, founder and head of the Al-Qaeda, who was recently killed in May 2, 2011 during an operation carried out by Navy SEAL Team Six. However, it is realistically impossible to eradicate terrorism due to the widespread of countless recruitments in the Middle East to fight against the United States and its allies. In regards to Larry Diamond’s â€Å"Winning The New Cold War on Terrorism†, he believed that the United States and the West were the source of this problem because of the corruption in government and that continents, includingShow MoreRelatedInterview of a Person Who Lived During the Cold War890 Words   |  4 PagesCold War Interview -Yujean Chan 1. What do you remember hearing about the Cold War? What did people say about it? When I was a kid I remember hearing about nuclear weapons on the radio and my parents used to mention it too. I also remember hearing about the Cuban Missile Crisis though I didn’t really understand much about it since I was too young and I lived in Britain so I did not worry about it. I didn’t hear much about the war from friends or in class. I remember hearing about the Russians andRead MoreThe Spy and The Bravo785 Words   |  3 Pagessuch as, the Cold War, which will be discussed in this essay and how it became to influence the writing of spy fiction and how it built its popularity in the literature world. The Cold War emerged in 1946 due to the tension between the western powers (USA, UK, Europe and Canada) and the Soviet Union, which included the Russian communist. Shortly after the Second World War ended, the Soviet Union refused to remove its forces in areas of Europe that they have taken over during the war. This causedRead MoreThe Cold War : A New History By John Lewis Gaddis Essay1711 Words   |  7 PagesI chose The Cold War: A New History by John Lewis Gaddis for my book to review. 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Then again, there were a stockpile of atomic weapons, cash was being spent like a really war was being battled, purposeful publicity, there were two superpowerRead MoreThe World War I Was Justified1314 Words   |  6 Pagesup to being a superpower country. World War I has had some pretty good justifications where the U.S stressed enough that they will do anything to protect our freedom and also protect others from oppression if needed. In some ways that World War I is justified, first off Germany was the power that threatened the balance of power. The date July 28th, 1914, World War I started because of old assassination, hatred, and treaties. A lot of things led to the war, but the main cause for the start was theRead MoreConceptions of the Cold War Essay1006 Words   |  5 Pagesterm Cold War? The term Cold War can be defined as the period of political impasse which existed between our country (U.S.A.) and U.S.S.R. from the early 1950s until the fall of Communism in the early 1980s. Words and phrases associated with Cold War include, race to arms, race to space, Bay of Pigs, and The Berlin Wall. Did you ever study the Cold War in school? If so, what are some aspects of the Cold War that you remember? Having been born in 1952, I lived during the Cold WarRead MoreRealism And The Cold War843 Words   |  4 Pagestend to treat political power as separate from, and predominant over, morality, ideology, and other social and economic aspects of life† (Goldstein 44). Now after learning all this information about realism, the question being asked is does it do a good job of explaining the end of the Cold War? Everyone can have their own answers and reasonings behind why they think it does or doesn t explain it well enough. Realists view the Cold War as an attempt to keep the balance of power between the statesRead MoreQuestions About the Cold War: Responses and Conceptions1047 Words   |  4 Pagesï » ¿Cold War Introduction Right after the Japanese surrendered to the Allies, and after Hitlers Nazi regime had been defeated, there was a struggle between the U.S. (and democratic allies of the U.S.) and the Soviet Union for power and influence in the post-WWII world. This struggle was called the Cold War, and it entailed many events and a great deal of tension between the forces of communism and those of democracy. American diplomat George Kennan explained that the Soviet Union was †¦a politicalRead MoreWhy The Cold War?. By:Nabil.O. Mrs. Stark. English. March826 Words   |  4 PagesWhy the Cold War? By:Nabil.O Mrs. Stark English March 17th 2017 People think the Cold War was like every war where they fought and fought until someone won, but no the Cold War was unique, because a lot of lives would be gone if it was an ordinary war. The Cold War was a result of the U.S/USSR involvement, the different economical ideas, and the authoritative powers of the nations involved. The Cold War started around 1947 after World War II andRead MoreDid Joseph Stalin Cause The Start Of The Korean War?1570 Words   |  7 Pagesthe start of the Korean War? Joseph Stalin is a well know leader of the USSR, leading them through the Great Depression and into industrialization. But what many people do not know is that Stalin was the mastermind of the Soviet Union who sucessfully manipulaed many countries to do his biddings for him. An example of this is the Korean War. Stalin thought that a war between North and South Korea could give him and the communist party a cheap and fast victory in the Cold War. He also wanted to entangle

Saturday, December 21, 2019

Who is Fidel Castro - 2567 Words

Fidel Castro is arguably one of the most famous political leaders to ever live. He is internationally recognized for being a revolutionary, a supporter of communism, and an opposition of imperialism. Eugenia Charles is just as influential and recognizable around the World. She was the first female lawyer and Prime Minister of Dominica, and only the second female Prime Minister in Caribbean History. The contributions these two individuals have had on their respective nations have led to massive improvements in education, health care, and literacy. Yet similar in some aspect, Fidel Castro and Eugenia Charles are very different in their rise to political power, political ideologies, public image, and accomplishments. Born August 13, 1926, Fidel Castro was described as an academically average student growing up. He showed more love for sports than school but in 1945, Castro enrolled himself at the law school in the University of Havana. He was not involved in politics, even considering himself politically illiterate at the time of his admission. He soon found interest in the politics of Cuba and Cuban nationalism. He developed an anti-imperialism ideology and began to try to understand socialism. He joined, and became president of the University Committee, which was a student organization that opposed the intervention of the United States in the Caribbean and fought for the Independence of Puerto Rico. Fidel Castro had a platform of honesty, decency, and justice. He opposedShow MoreRelatedTo What Extent Was Brutality Used by Fidel Castro During the Cuban Revolution1440 Words   |  6 Pagesa struggle to the death between the future and the past.† – Fidel Castro, 1961. This statement was certainly true for Fidel Castro and his revolutionaries during the Cuban Revolution, an armed revolt that took place between July 26th 1953 and January 1st 1959, which ended successfully. During this revolt, many of Fidel Castro’s fellow revolutionaries were killed in this process of violent revolution (My Life, p133, 2006). However, Castro and his accompanying revolutionaries, of which he was the leaderRead MoreFidel Castro Is Alive1443 Words   |  6 Pageshis release, Castro went to Mexico where he spent the next year organizing the 26th of July Movement, which was based on the date of the failed Santiago de Cuba barracks attack. On December 2, 1956, Castro and the rest his fellow rebels of the 26th of July Movement landed on Cuban soil with the intention of starting a revolution. They were only met with the welcome of heavy Batista defenses, causing nearly everyone in the Movement to be killed. Barely anyone escaped, and those who did which includedRead MoreFidel Cas tros Impact on Cuba, America, and the World1359 Words   |  6 Pages Fidel Castro, resigned now, and still living, was the dictator of the Cuban nation. He has had an big impact on America, and he an impact on our world. Fidel Castro was a Cuban dictator for a long time coming. Fidel Castro becoming a dictator not only affected the United States, but his arrival affected the world around us. Fidel Castro was a man who had a target on his head. Lots of people from all over the world wanted him dead. Fidel Castro wasn’t a capitalist person, he was a CommunistRead MoreDeadly Revolotionist1361 Words   |  6 Pagesare all what Fidel Castro did. He was good to his people, but had ties with the Soviet Union. The CIA wanted to kill him because of his ties with the Soviet Union, and the United States wanted ties with Cuba. Fidel Castro was the Cuban prime minister, led a revolution, became a Cuban leader, and he escaped death (Fidel Castro, Famous People J1). Fidel Castro Ruz was born August 13, 1926. He was born near Biran, Oriente Province, Cuba, on his family’s sugar plantation. Fidel Castro was illegitimateRead MoreFidel Castro : Hero Or Villain1323 Words   |  6 PagesFidel Castro a Hero or Villain The time of the Cuban Revolution was a great deal of turmoil, not just in Cuba but in almost every corner of the world. It was 1945, shortly after the end of World War Two, the Cold War was taking off between the United States and the Soviet Union. Cuba, in the middle of its own war, was caught up in the international politics of the Cold War. The interaction between international and domestic politics played a major role in the outcome of the revolution. The resultRead MoreFidel Castro: The Clown of Cuba1612 Words   |  7 Pages Current leader and dictator of Cuba, Fidel Castro, was born on August 13, 1926 in Biran Cuba. As a child, Fidel Castro had a good life because his father was very wealthy. His fathers name was Angel Castro. He was very wealthy because he owned plantations and lands. Additionally, he was originally from Spain but then moved to Cuba. Angel Castro married to Lina Gonzalez. Fidel Castro had one brother named Raul Castro. Fidel And Raul always had a special bond between their brother relationshipRead MoreCuban Revolution And The Revolution1309 Words   |  6 PagesFidel Castro once said â€Å"I do not fear the fury of the miserable tyrant who took the lives of 70 of my comrades. Condemn me. It does not matter. History will absolve me.† This iconic line triggered one of the greatest events in Cuba’s history, the Cuban revolution. The factors that caused the revolution and the main events during changed the lives of Cuba’s people as well as North Americans. Cuba was a poor, uneducated, country controlled by a brutal dictator in 1953. The attack on the Moncoda barracksRead MoreFidel Castro Was Recognized As The Frontrunner Of The Cuban1576 Words   |  7 PagesFidel Castro was recognized as the frontrunner of the Cuban Revolution. Fidel Alejandro Castro Ruz was born on August 13, 1926 in Biran Cuba. His father owned a pretty large sugar plantation, which at the time seemed to be fairly prosperous. Due to ow ning such a large plantation, his family did not seem to suffer as much as other families did. The money that Fidel’s father obtained provided him with broad education opportunities. After a few years had passed by, in 1945, Fidel Alejandro Castro RuzRead MoreThe Other Side Of Castro850 Words   |  4 PagesThe Other Side of Castro In my 27 years on this planet, I have heard little to nothing about the revolutionist and Cuban leader Fidel Castro. Of the small amount of conversation which has occurred in front of me, Castro was always described in a negative way. He was described as a cruel, selfish Communist dictator who is against the ideas and beliefs of my own country. For those reasons, I have never bothered educating myself about Castro and his life. Now that I am older, my education has presentedRead MoreCub A Political Leader Of Cuba1707 Words   |  7 Pagesâ€Å"A revolution is a struggle to the death between the future and the past.† Fidel Castro has had a tremendous impact on Cuba. Castro was a political leader of Cuba (1959–2008) who transformed his country into the first communist state in the Western Hemisphere. Castro became a symbol of communist revolution in Latin America. Before Fidel Castro took rein Cuba was the island of sin, a society consumed by the illnesses, gambling, the Mafia, and prostitution. In 1969 Cuba changed drastically, but still

Thursday, December 12, 2019

Discussion on Restraints of Trade free essay sample

Law of Contract| A discussion on the Restraint of Trade|| Introduction Business owners in an attempt to protect the goodwill of their business will often include â€Å"Restraint of trade† provision in employment agreements, sale of business agreements etc. Thus, an agreement, which someone is restricted in his freedom to carry on his trade, profession, business or other economic activity, is generally called an agreement in restraint of trade. Having said that, this paper is directed towards a brief and critical discussion on the concept of restraint of trade in which parties may find themselves. It is based on a given scenario whereby the facts, the legal issues, legal principles, and application of the law to the facts would be discussed in the form of advice to Y jeopardise Facts The facts to the case are as follows: X an estate agents company, sought to restrain its former employee Y (who had worked very successfully for X for approximately 3years as an estate agent) from doing business on her own as an estate agent in the city of Windhoek. The restraint clause was in the form of a written contract of employment. The restraint contract prevented Y from being involved in any way whatsoever in an estate agency or any business which was the same or similar to X’s estate agents company. Y was limited as to geographic area within 65 kilometres from Windhoek General Post Office, which also includes six other municipalities for a period of 2 years following the termination of Y’S employment as an employee. Legal Issues * Is there a legitimate interest of the employer (X) that deserves protection at the termination of the employment agreement by Y? * Whether the restraint is reasonable or not? Whether the use of Y’s general skills and knowledge would be in breach of the restraint of trade agreement, which Y knowingly signed? * Is it legal to have restrain clause in an employment contract? * What is the longest period that it can be applied to? Discussion Legal principles: From a common law perspective, the employment contract is a contract concluded between two equal parties to t heir mutual benefit. Here, the employer and employee voluntarily negotiate a contract that regulates their relationship, and this contract sets out their respective rights and duties. Restraints in trade are commonly found in employment contracts whereby employees have a right in protecting themselves against competition from their employees during the employment relationship and after when the employment relationship is terminated for whatever reason. The objective of such a restrictive provision in the contract of employment is to limit the freedom of employees who would otherwise have to leave their employment and start a new business or work for another employer in competition with a former employer. The Appellate Division has described the objects and purpose of a restraint of trade clause as follows: â€Å"The legitimate object of a restraint is to protect the employer’s goodwill and customer connections (or trade secrets) and the restraint accordingly remains effective for a specified period (which must be reasonable) after the employment relationship has come to an end. The need for the protection exists therefore independently of the manner in which the contract of employment is terminated and even if this occurs in consequence of a breach by the employer. An employee has an obligation in an employment contract to protect confidential information and trade secrets. The employee also has a duty to serve the interests of the employers’ business and a duty to avoid conflicts of interests. Confidential information and trade secrets are dependent upon relevant circumstances. The mere fact that a trader chooses to categorise something secret or confidential does not per se make it so. The information concerned must have the necessary quality of confidence, eaning it must not be something of public knowledge. Employees may use general skills and knowledge gained during employment once they leave, even if their new employer benefits from such knowledge and skills. It is an implied term of every contract that an employee will not use confidential information for his own benefit or for the detriment of his or her employer. The principle of freedom of trade emphasises the right to work and therefore contracts that restricts a person’s right to exercise his chosen vocation are unreasonable. The principle of freedom to contract emphasises that parties should be free to enter into contracts that should be binding in accordance with the pacta servanda sunt principle in order that society may function properly. Restraint of Trade within the employment context is lawful as long as the extents of the limitation they impose is reasonable and are not against public policy. Societal concerns such as public interest are of essence in restraints of trade. If the restraint is to as restrictive of one of the parties as to conflict with public interest, it is then illegal and unenforceable. The burden of proof is on the party (Y) who alleges that the contract is in unreasonable restraint of trade and this question of fact in the scenario taking in account the circumstances at the time when enforcement is sought. In the case of Magna Alloys and Research (SA) (Pty) Ltd v Ellis it was found that sanctity of a contract had greater precedent and that undertakings in restraint of trade were prima facie valid and unforeseeable unless the party seeking to avoid its obligations could show that restraint of trade was contrary to public interest. Employers must also ensure that the duration of a restraint of trade is not excessively long and must have some connection with the period of the employees’ employment. The geographic demarcation must be reasonable and should have some connection with the area in which the employee will be operational. For the employee concerned, concluding a restraint of trade agreement on occasion has some form of financial advantage. The employee can be remunerated at a higher level during the course of employment or the employee can receive monetary compensation Common misconceptions in respect of restraint of trade * Restraint of trade agreements are no longer enforceable i (hereinafter referred to as the Constitution) which provides that every citizen have the right to choose their trade, occupation or profession freely. * A restraint of trade is only enforceable if the employee is paid a restraint payment * Clauses in an employment agreement protecting the employer’s confidential information, trade secrets, intellectual property, and preventing an employee from soliciting customers or fellow employees, are also restraints in trade. Employees within the organisation must be requested to sign a restraint of trade agreement * If the employer unlawfully or unfairly terminates your employment agreement, then the restraint of trade becomes unforceable. Application 0f the law to the facts X is allowed to insert a restraint of trade clause in Y’s contract of employment. The restraint of trade should however be reasonable, as it shou ld not be against public interest. Strangely, Restraint of Trade Agreements are not regulated in terms of labour legislation, although such agreements usually form part of the Contract of Employment. X required Y to sign a Restraint of Trade agreement cause X felt it was necessary to restrain Y or limit her in her employment activities should she leave the service of her employer X. With regard to Y wanting to start his own business, the law clearly makes provision in the sense that when an employee (Y) is brought into close contact with the customers of X in such a way that it enabled Y to establish personal relations with the customers. (Y) Chose to leave her employment, Y may be allowed to take away some customers from her former employer X. In the case of Roffey v Catterall , Edwards Goudre the law preferred the sanctity and freedom of contracts in the sense that the certain basic rights can only be effectively exercised if the particular person can freely conclude agreements. The courts are usually less likely upholding a restraint between an employee and employer, because an employee restraint is effectively preventing an employee from working in his or her chosen field. If the restraint were too restrictive on Y, then the restraint would be against public interest thus it might be declared as being illegal and unreasonable. In J Louw and Co (Pty) Ltd v Richter, 26 Didcott J stated that: â€Å"covenants in restraint of trade are valid. Like all other contractual stipulations, however, they are unenforceable when, and to the extent that, their enforcement would be contrary to public policy. It is against public policy to enforce a covenant, which is unreasonable, one, which unreasonably restricts the covenanter’s freedom to trade, or to work. Insofar as it has that effect, the covenant will not therefore be enforced. Whether it is indeed unreasonable must be determined with reference to the circumstances of the case. † This requirement arose where the X needed to protect his economic interests, trade secrets, secret formulas, price lists, customer database information, and so on. In other words, he needed to take certain action to ensure that such information will not fall into the hands of a competitor, should Y leave his service and take up employment with a competitor or start his own business. By analysing X’s intention one is able to pin-point out that X’s restriction is intended to exclude competition from Y as there are already over 20 other businesses that are already operating as estate agents in Windhoek. It usually takes 2-3 months to sell a house in Windhoek. Thus X is not really protecting his legitimate interest, thus it is also against the public interest. With regard to the geographic condition laid out in the clause, it is unreasonable for X to enforce such a restraint on Y. The operation of the restraint in the area of 65 kilometres from Windhoek General Post Office covers six other municipalities. The other six municipalities are not in connection with the area that the X operates in, thus it is unreasonable for X wanting to apply the clause on Y. The duration of the restraint of trade must not be overly long and must have some connection with the period of the connection with the period of the employee’s employment. This period will not be allowed to exceed 2 years. The restraint with regard to Y is for two years upon termination of Y’s employment from X and Y has worked for X for approximately 3 years. Thus, the period is reasonable, as the restraint is less than the number of years Y worked for X. Conclusion In conclusion, in accordance to the law that people are free to trade and conclude contracts Y is therefore allowed to contract or start up her business or perform the occupation of despite it being in competition with her former employer, X. Allowing the restraint will prevent Y from performing her will of trade . Therefore, that Y is free to contract with whomever and whenever after the lapsing of his contract with his former employer, X. References Articles * Deloitte and Touche. Common Misconceptions about Restraints of Trade. 2004 Books * Basic Principles of Law A2vb. Institute of South Africa * Deeksha Bhana. 2007. Students guide to the law of contract. Juta Co. Cape Town, South Africa * Van der Merwe. 2007. Contract General Principles 3rd Edition. Juta Co, Ltd. Cape Town, South Africa . Case Law * J Louw Co ( Pty) Ltd v Richter. 243 * Magna Alloys Research ( SA) Pty Ltd v Ellis 1984 (4) SA 8861 * Reeves v Marfield Insurance Brokers CC 1996 (3) SA * Roffey v Catletral l, Edwards Goudre 1977 (4) 494 (N) 505F * Sunshine Records (Pty) Ltd v Froling 1990 (4) SA 782 1 ]. Van der Merwe p212 [ 2 ]. Van der Merwe p212 213 [ 3 ]. Reeves v Marfield Insurance Brokers CC 1996 (3) SA 766 (A) 772 [ 4 ]. Law of Contract Study guide p102 [ 5 ]. Basic Principles of law A2vb. Institute of Bankers in South Africa p72 [ 6 ]. 1984(4) SA 874 (A) 894 [ 7 ]. Sunshine Records ( Pty) Ltd v Froling 1990 (4) SA 782 [ 8 ]. Deloitte Touche Legal. Common Misconceptions about Restraints of Trade. 2004 [ 9 ]. 1977 (4) 494 ( N) 505F [ 10 ]. Magna Alloys Research (SA) (Pt y) Ltd v Ellis 1984 (4) SA 8861 [ 11 ]. J Louw and Co (Pty) Ltd v Richter 243

Thursday, December 5, 2019

Multimedia Center Support for Marine Corps free essay sample

This paper examines the benefits to the Marine Corps if it establishes a multimedia support system. This paper provides an in-depth examination of media-related problems and attempts to solve it through the creation of a multimedia support center for the Marine Corps. The author discusses plans for implementation, and the benefits of a new means of organization. Armed forces training are usually intensive. It involves physical and mental capacity of a person. However once passed through the individual is prepared for all type of combats. With increased trends of information technology the Marine Corps organizational management has not lagged behind in training development either. Right from surveillance systems to information provision for important decision making, Marines are equipped with the best technology. How to transfer this knowledge to its new recruits is the basis of this paper. In addition, it is crucial that the IT department should be efficient, provided with tools that would reduce time of requests and turnaround feedback. We will write a custom essay sample on Multimedia Center Support for Marine Corps or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The following is an attempt to discover persistent problems that could be solved with a media support center. The researcher will prove that a media support system integrated in an organization like the Marine Corps is crucial for various purposes. Gotlieb, 1995, pp 23(4).