The Greek mythology Essay Example for Free

The Greek mythology Essay The Greek mythology is one of the most exciting yet complicated subjects when studying literature. Not just because it’s a foreign subject but because the mythology itself, the stories about the Greek gods and the adventures of the mortals with superhuman strength, takes us out far and wide away from the four corners of the classroom. In Greek Mythology, there are two characters that would be the focus of this paper. This are Jason of Iolcus, of the Argonauts and Golden Fleece fame; and Paris of Troy, of the Trojan War and Helen of Troy fame. These two personalities will be introduced one after the other and their respective adventures will be narrated. Jason and Paris are one among many who were very controversial because of their decisions in life and their relationship with women. Henceforth, the topic of this paper is to point out the comparison between Paris and Jason, as well as their differences. In determining these things, we arrived with a question that in the course of this paper, we attempted to answer. [Given the circumstances of their existence, who was the better man?] The term better is subjective and would be matter of argument, but we have come up with a few criteria so as to have a basis for the final answer that would be summarized in the conclusion. The statement better man would be founded on this grounds: Valor, dignity, bravery, fighting skills, tasks performed (rate of success), relations with the gods, effect on history and mythology, relations with women (husband-like qualities), relations with offspring (Father-like attitude), relations with family member, relations with followers (leadership qualities), and the ability to survive. This paper will start off with the introduction of Greek mythology. Who are the gods and what their business are and what their powers are. Especially the god of gods Zeus, his brothers Poseidon and Hades, his wife Hera, his daughters Athena and Aphrodite and his son Apollo. Other minor gods who played a part on Jason and Paris’ lives such as Eris, Eros and Hermes would also be related. After which, Paris and Jason’s lives would be unraveled such as their birth and the oracle; their lives away from their supposed to be real lives; their adventures and their deaths. Through out this, an analysis of their judgment, personality and decision making based on the mentioned criteria would be applied. The Greek Mythology: Who are the gods? Greek mythology is one of the most widely read and most interesting subject in English literature. Its where most fascinating stories come from, from equally intriguing characters, akin to having an alternate universe where the gods were the movie stars and Olympus was Hollywood. The Olympian era starts off with Zeus overthrowing his father Cronus, who was the ruler of the elder gods known as the Titans. Most of the Titans fought with Cronus against Zeus and when Zeus won the battle, he exiled these Titans in a land called Tartarus in the underworld. Zeus then divided the Universe between himself and his brothers Poseidon and Hades. Zeus took the heavens on top of Mount Olympus where he lived with his wife and his sisters and children. Mount Olympus is the highest mountain range in Greece located in the north of Greece. Zeus is the most powerful of all of the ancient gods; people loved and feared him at the same time. He embodies justice, morals and law. His weapon is a thunderbolt, and is also famous for his numerous infidelities to his wife Hera. Hera is also a sister of Zeus, and is worshipped as the goddess of marriage and birth. Hera is portrayed as a jealous wife always on the lookout for the various activities of Zeus and his numerous love affairs and his illegitimate children. Hera was always depicted as someone who would destroy with utmost and unreasonable fury the lives of Zeus’ lovers and their children. Zeus and Hera had three children, Hephaestus, the god of fire and volcano; Hebe, goddess of youth, and Ares, god of war. Hephaestus is said to be the ugliest of the gods and because of his physical appearance, it was said that Hera flung him from Mount Olympus to the ocean and in doing so broke his legs, that’s why Hephaestus is lame. He is the industrious forger who made all the weapons of the gods, he is also known as the patron of all craftsmen. Hephaestus married Aphrodite, who is also rumored as Zeus daughter with another minor goddess Dione. Aphrodite is the goddess of love, desire, sex and beauty. Like Zeus, Aphrodite’s love affairs are also well-publicized. Aside from her husband Hephaestus, she had an affair with the most handsome mortal named Adonis, the Trojan Anchises, the half-god half-mortal Dionysus, the winged god Hermes and Ares the god of war and brother of Hephaestus. The goddess of wisdom, Athena, is also one of Zeus children from his many infidelities. However, Athena was born in a very unique way, of springing forth from Zeus forehead all grown up and fully armored, that’s why Zeus favored Athena a lot, even having the privilege of using Zeus’ thunderbolt weapon at times. Apollo and Artemis are the twin children of Zeus from a Titan goddess named Leto. Apollo is the god of music, healing, truth and prophecy. The oracle of Delphi is dedicated to him. He is also known as the Archer and the patron god of the Trojans. Artemis, Apollo’s twin sister is the goddess of chastity, virginity and hunting. She was the one who calmed the seas when the Greek King Agamemnon killed one of her sacred deer so that they could not launch their ships in the start of the Trojan War. In order to appease her, Agamemnon sacrificed his daughter Iphigenia to be one of the goddess’s priestess. Another deity is Hermes, another one of Zeus’ illegitimate children, who is also known as the messenger of the gods. He is always depicted having winged sandals, winged helmet and a magic wand. Businessmen and thieves worship him as their god. Second in power to Zeus is his brother Poseidon, god of the sea. He holds a weapon called trident, which he uses in to strike the ground, causing earthquakes when he is angry. He is known for his violent behavior, temperamental disposition and like Zeus, also fathered a lot of children. Now, Eris, the goddess of discord and strife is also said to be one of Zeus’ children and is the constant companion of Ares, the murdering yet coward god of war. It is Eris who threw the apple of discord with the inscription â€Å"To the Fairest† in the wedding of the mortal Peleus and the sea-nymph Thetis (parents of Achilles), wherein three of the goddesses, namely Aphrodite, Athena and Hera laid claim to it. They called on to Zeus to award the apple to the fairest of them but since Hera is his wife and Athena and Aphrodite are his daughters, he called on to the mortal Paris to do the judging. Paris awarded the apple to Aphrodite because of her bribe of giving him Helen, the most beautiful woman on earth. This event is called the Judgment of Paris, and the commencement of the ever famous Trojan War. Who is Paris? His Birth and the Oracle When Hecuba, Queen of Troy was pregnant with Paris, she dreamt that she had brought forth a firebrand that would be the source of destruction of Troy. Seers or prophets interpreted her dream that the child she is carrying, which was Paris, would destroy the city of Troy, therefore the child should be killed. Priam, the King of Troy and Hecabe were not able to slay baby Paris when he was born, so instead, Priam gave the baby to a servant named Agelaus with the instruction to expose him on Mount Ida, a mountainous area near Troy. However, after nine days when the servant came back to bury the supposedly dead child, he was surprised to find baby Paris still alive, because apparently, a bear had nursed him. Astonished with the baby’s fate, Agelaus took baby Paris to his home and raised him up as his own son; he gave him the name Paris. Paris grew up to be a strong and handsome young man. Alexander was fair, tall, and brave. His eyes were very beautiful, his hair soft and blond, his mouth charming, and his voice pleasant. He was swift, and eager to take command. (qtd. In Dares the Phrygian)

Adverse Possession: Law and Effect

Adverse Possession: Law and Effect Rebecca McKittrick To adequately address the controversy between whether or not adverse possession in England/Wales and positive prescription in Scotland are similar in effect, the law in both jurisdictions must first be discussed. Only then can the effects of same can be established and compared. When a property owner fails (within a specified time frame) to evict a squatter[1] from their property their title is extinguished, as a result they cannot recover possession. This is the essence of the doctrine of adverse possession. Adverse possession is by no means a novel or modern idea. Traces of this doctrine can be found back as far as Roman law with uscapio and longi temporis praescriptio, with common law roots dating to the feudal times.[2] As with all law, it has evolved and advanced through the use of both statute and case law. Thus a doctrine permitting the acquisition of ones land by another has long since been created. Perhaps one of the most interesting aspects of this doctrine is the rationale behind it. One such notion is that there is a pragmatic expectation that any property owner will assert their title against any and all intruders.[3] The argument goes that if property owners fail to affirm their rights against the trespasser then they are not a responsible owner, thus are not entitled to own the property. This echoes the legal maxim vigilantibus ton dormientibus lex succrit the law will only assist those who remain alert, not those who sleep. Additionally the policy considerations[4], the quieting of title[5], are adhered to. Some commentators have noted that this doctrine mutates a squatters initial wrong (theft) into an eventual right (land title).[6] Thus, it must be questioned whether there is value in upholding such a doctrine, due to its somewhat controversial nature, which notably evokes a strong emotional response due to the misconception of it as little more than legal theft.[7] A s a result of avoiding the obligation of payment for land, by engaging in this more primitive acquisition of it[8], squatters are often portrayed in a negative light such that they are stealing the patch of another.[9] This highlights the inevitable debate of the validity of such a doctrine for why should a person not be free to do whatever they so please with their property, even if that means doing nothing? Nevertheless such discussion for present purposes will not be furthered. The present law on adverse possession in England was initially formalised in common law in 1962.[10] In spite of this, as noted earlier, the law has been subject to alterations and evolutions through a number of leading cases.[11] As a result, although the current law does fall within the doctrine of general limitations, the infamously flexible judge-made law must be consulted for the relevant principles. In a sense the law of adverse possession is similar to that of criminal law there are two fundamental requirements, one physical and one mental. In adverse possession there must be factual possession and animus possedendi, the latter being the more contested issue in practice. As commentators have noted, much academic and judicial ink has been spilt in trying to determine in what circumstances possession could be deemed to have taken place and when it was also adverse'.[12] In the case of McFarlane[13], Mr Justice Slade spoke about what is necessitated by the requirement of animus possedendi. Ostensibly it was noted that the squatter must possess the intention to exclude the world at large, which inevitably includes the true owner, so far as the law will allow and is reasonably practicable.[14] It should be noted that for a significant length of time, what exactly the squatter had to intend was quite unclear. It is evident from the case law that different judgments purported differi ng requirements. For example it had been held that a squatter couldnt simply intend to possess the land, this of course was a requirement but, they must also intend to exclude all others from it (including the paper owner).[15] Subsequently it was emphasised that the requisite intention was simply that the squatter intended to possess the land.[16] Thus the question arose as to whether or not intention to exclude, in addition to the intention to possess, was an aspect of the animus possidendi requirement. Recently the House of Lords clarified the matter wherein it was held that the requisite intention was simply the intention to possess.[17] The courts must consider several factors in order to establish animus possidendi. These factors go beyond simply the nature of the actions undertaken by the squatter and the evidence as to their intention. The courts must identify whether the possession was adverse, as well as whether the acts of the squatter were such that the intention to possess was unequivocal and that this intention was made clear to the world. If the courts establish that these actions were in fact equivocal, that the intention was ambiguous or simply not made plain then the claim for adverse possession will fail.[18] The squatter must be in possession of the land in a manner inconsistent with the true owner before the time period will run.[19] It has been noted that possession with consent of the paper owner will not usually give rise to adverse possession[20] and prior consent will prevent the limitation period from running[21]. Nevertheless, there are certain contestable situations that may occur in practice . The issue of implied consent[22], and whether or not there was a granting of a license[23] are just two examples of how consent can affect the outcome of the individual case. In order to substantiate a claim for adverse possession the squatter must, in satisfying the requirement of possession[24], establish a sufficient degree of physical control over the property.[25] The notion of a sufficient degree[26] evolved throughout the case law, similarly to the test to establish it. Interestingly these disputes can occur in a wide variety of circumstances. For example there have been cases indicating the possibility of adversely possessing a specific portion of a house[27]. The courts apply an objective test relating to the nature and quality of the property, seemingly however no consideration or variation will be afforded by virtue of the status of the parties to the case.[28] Evidently any possession must be open[29], actual, continuous and exclusive[30]. In applying the objective standard to exclusivity the physical enclosure of land is relevant but not determinative[31]. Generally fencing will satisfy the requirements of factual possession. However, the purpose of the fencing will be taken into account. For instance if the fencing was in place to enclose livestock, as opposed to preventing access to the property, it will not satisfy the prerequisite for a claim of adverse possession[32]. In the Adams[33]case Mr Justice Laddie delved into the nature and purpose of fencing. This discussion can be interpreted as meaning both entry and exit from the property. Notably the squatter need not maintain the fencing for the purposes of both. Nevertheless, fencing is presumably the most self-evident form of factual possession[34]. It is clear that although no variation is given in accordance with the situation of the parties, there is variance dependent upon the na ture of the property being possessed[35]. Consequently a person can be held to be in possession of property by cultivating land[36], shooting over it[37] or by simply leaving it vacant[38]. Thus it is clear the finding of adverse possession is circumstantial. As a result the main issues in practice is the determination of whether the acts undertaken are sufficient to constitute possession[39]. Additionally, in accordance with common sense, it must be noted that the acts of possession need not necessarily inconvenience the true owner[40]. To mandate such a requirement would potentially, and it is submitted most likely, result in an action being brought against the squatter much sooner. Therefore a lot, if not the vast majority, of cases of adverse possession would be prevented from ever reaching fruition. Following from this it is clear that a mere act of trespass will, notwithstanding the variance depending upon the nature of the land, be insufficient to warrant an adverse possession claim[41]. The doctrine of adverse possession gained much clarity with the Pye[42] decision in 2006. Herein Lord Browne-Wilkinson purported that reference to adverse possession should be avoided as much as possible. The rationale being that by doing so, a lot of the confusion and complication that arises would be avoided. It was submitted that in such cases there is a simple question. The court, it was asserted, need only answer whether the squatter dispossessed the true owner by being in ordinary possession of the property, without consent, for the required time period. Throughout his judgment Lord Browne-Wilkinson seemingly claimed there was an over conceptualisation of the doctrine of adverse possession. In relation to the debate as to what constitutes adverse possession, he suggested that what needs to be established is whether the possession is without the owners consent. This case adopted the approach in McFarlane[43] wherein the nature and use of the property was the key test. Thus to sa tisfy factual possession one seemingly need only have sufficient custody and control for ones own use[44]. As noted earlier, the effect of the doctrine is governed by both statute and case law. Although the precedent set out above plays an important role in the deciding of cases, new statutory changes[45] have significantly limited the scope of this doctrine. It has been suggested that this restriction is to be commended for creating a more rational and secure footing for the law.[46] The new law provides for circumstances consistent with the system of land registry wherein titles can be abandoned or registered under certain acts. The 2002 Act[47] addressed concerns regarding the ease at which an individuals property could be adversely possessed[48]. Thus with the enactment of the legislation came a significant change such that the burden shifted from the true owner[49]. Prior to this reform, the paper owner had been required to remain alert and ensure their land was not being adversely possessed. As per the 2002 Act[50] however the squatter now bears the burden such that they must have a dverse possessed the property for a minimum of ten years before making an application.[51] The true owner can, of course, protect their title by objecting to the application. This objection will render the application incomplete. If the squatters application is rendered incomplete, they need only remain in possession for a period of two years before they can re-apply. There are different options available to the true owner in the event of an application[52]. If the paper owner chooses to ignore or confirm[53] the application then the squatter will be registered as the proprietor. The 2002 Act[54] also provides for serving counter-notice[55]. This requires the registrar to operate under paragraph 5 of Schedule 6. As a result a squatter may not be registered in place of the true owner irrespective of whether they have established factual possession or not. However his is subject to three exceptions[56] which highlight not only the equitable principles intrinsic to the doctrine but als o the policy considerations upon which it is premised. Although possible to identify numerous categories within the doctrine itself[57], it is clear that the requirements of factual possession and intent are at the heart of understanding its effect. The fact the squatter must show that they had the intention to possess the land and put it to their own use, as well as proof of physical possession illuminates both the equitable and legal transfer of property rights by the creation of an added dimension. The aspects present in establishing adverse possession, as discussed earlier[58], are of utmost importance regarding the effect of this doctrine. As seen throughout the case law, in reality it is these elements which determine the outcome of the case. Thus they dictate the effect upon the individual and the disputed property. Positive Prescription: Law and Effect Positive prescription is the existing system of land acquisition under Scots law, the name given to the hybrid legal system in Scotland. There is an interesting difference in development between Scots Law and the English common law system. Scots law does not simply follow suit as so many other jurisdictions do, rather they created principles consequential to the work of French and Italian scholars, with Roman law proving particularly influential[59]. Whilst some commentators have noted the similarities between the nature of Scots law and that of other jurisdictions (namely Sri Lanka and South Africa)[60], it did in fact develop, as part of the ius commune[61], with influences from both civil and Canon law. Unsurprisingly, due to both proximity and relationship, Scots law has inevitably also been affected by the influence of common law[62]. Therefore certain similarities may be drawn. Nevertheless it must be noted that Scots law is a very unique, distinct native system wherein legislation is king. Interestingly the first of the legislation governing positive prescription, a creature of Scots law, is from the sixteenth century.[63] Similarly to adverse possession, prescription has roots in Roman law wherein it played an important role regarding property law. Here title was acquired through possession, or where an individual failed to meet the formalities which would deny such appropriation[64]. Initially the rationale was established to distinguish between prescription granting title and that preventing a claim of title against the squatter. As noted, positive prescription had many muses one of which was Canon law. Herein a great deal of importance was given to the bone fide[65] possession of the property. Positive prescription is unlike adverse possession in the sense that historically its role was one of conveyancing, not a method self-acquisition or legal theft. Initially the legislation[66] simply had the effect of restricting the right to call on a possessor to produce his full progress of titles[67]. Effectively once the period of possession [68] was completed this was seen to be confirmation of title. If the period of possession was unfulfilled, the progression of derivative titles was incomplete. Subsequently the transfer of title would have been denied. Continuous, open, peaceable possession of a registered title (which is reflective of a real right) for 10 consecutive years (devoid of judicial interruption) will result in the indicated real right and this right will be free from challenge[69]. This exemption from challenge has been subject to much debate, nevertheless the modus operandi is to ensure secure title.[70] Notably in a discussion paper the Scottish Law Commission purported that a positive system of registration of title is no substitute for positive prescription.[71] They continued, focusing on the exemption from challenge. It was noted how registration of title simply makes a void title good but is subject to challenges, whereas prescription makes title good without recourse to challenge. Although the central ideology of system of positive prescription is to serve public interest[72] it may be viewed as a means of deprivation of property. Thus positive prescription, like the doctrine of adverse possession in England and Wales, has an important role regarding property ownership. That said, in Scotland by virtue of acquisition by prescription as per the 1973 Act[73], both possession and title are required. Contrarily the doctrine of adverse possession is such that the title of the true owner is lost via limitation. The Act further provides for circumstances wherein the title is registered in the land register or the register of deeds[74], or where it is not recorded[75]. The first of these situations mandates possession for a period of ten years, whilst the second holds a requisite period of possession of twenty years. The rationale, or objective, for the registry is similar to that of the model in England. Nevertheless there is a stark difference in the length of time mandated for possession. That said, in establishing either adverse possession or positive prescription what the court looks to is very similar if not identical. A Comparative Analysis of Effect In order to adequately assess the effect of both adverse possession and positive prescription we must first look to their justifications. Commentators have often noted that adverse possession simply executes what is deemed to be a pragmatic expectation which came into existence during a time where an individual would have to forcefully assert their title against intruders[76]. However this may be seen to be quite an archaic justification, and that in modern times the only purpose of such doctrines is to provide a legal form of theft. Additionally it has been purported that the law in this area is too harsh, especially in considering the human rights implications[77]. Nonetheless, there are in fact many valid considerations in favour of such laws, which in turn highlight the effect of the doctrines. The first justification to discuss is the infamous Lockean labour- desert theory. Locke asserted that an individual has a natural entitlement to land if it is used productively. In todays world, it is increasingly clear that land is a finite resource. Thus it is difficult to argue against the notion that property ought be granted to the useful labourer as opposed to the incompetent fainà ©ant. Although the context with which Lockes theory was concerned was unowned property, it seems to present a logical justification to the doctrines at hand. As briefly alluded to in the discussion of adverse possession, one justification for such a doctrine is in relation to the quieting of title. The policy concern is the continuation of markets, as well as the desire to minimise tensions and conflicts. Courts have held that the objective of any statutes of limitation is to prevent claims from arising after unreasonable amounts of time have passed[78]. If causes of action were unlimited by time restraints it would breach the basic rules of fair procedures and justice evidence could and would become lost, and memory by its very nature deteriorates with age. It could be said that this justifications retains elements of capitalism, however it serves to protect the innocent third party who purchases property whilst also providing pragmatic benefits (such as efficiency, registration and land use)[79]. Notably other countries, for example the United States or even Brazil, cite grounds including protecting development and initiative of the individual as justification.[80] As such it is important to note that in England and Scotland by the 18th Century most land had been enclosed[81] thus the concerns were in relation to the clarification of boundaries and titles. Which perhaps surprisingly, due to the reputation of the doctrines legalising theft, are in actuality the areas within which most cases fall. Interestingly in Scotland a landowners power is seen as intrinsic to the interrelationship with cultural symbols related to the land[82]. The notion of symbols having a sociohistorical significance (with it being connected to social standing and groupings) offers a different view to the effect of the doctrines. This understanding highlights that any decision made can and will have significant social consequences for the parties involved. In common law the doctrine of adverse possession was originally premised upon customs and traditions. Thus the systems of acquisition date back to the introduction of personal property. That said, they have since become more regulated and civilised. Although some commentators argue that the doctrine became ubiquitous only after the Norman conquest, with others stating its prevalence dates simply to British feudalism[83], it is self-evident that the possession of vacant land was an intrinsic part of the global development of civilisations. Likewise title to land can be gleamed though the open, peaceable possession of land (provided there has been no judicial intervention) via the doctrine of prescription in Scotland. Whilst comparing the doctrines of adverse possession and positive prescription, differences are apparent for example the specific time periods required for possession, the consequence of enforcing the expiration date, or even simply the basis of the doctrine itself. Nevertheless, in reality the application of the rules to factual scenarios leads to results and effects of great similarity such that they are often identical. Conclusion It is clear that courts have been faced with similar issues when dealing with cases of adverse possession and positive prescription. For example, issues arise in attempting to ascertain which acts of possession should be afforded the greater weight, or in establishing exclusion. As highlighted throughout the discussion, cases of positive prescription will not necessarily be determined using the same methodology as adverse possession. Adverse possession and positive prescription were established and have developed in very different forms nevertheless the effect of each remains the same. Positive prescription relies heavily upon the legislation, consistent with the approach of its native system, whilst adverse possession although makes use of legislation[84], relies to a large extent (as per the nature of common law) on case law. At first the doctrines seem to be completely distinct, however in reality the justifications and effects are of such similarity that in practice the doctrines could be interchanged without altering the result of the cases. Notably both doctrines have, at some point at least, taken the role of a guide for the other and it is submitted this will probably continue to be the case. Having evaluated the development, rationale and effect of the laws relating to adverse prescription in England/Wales and positive prescription in Scotland it is purported that, notwithstanding the difference in method and development, the effects of both are nigh on identical. Bibliography Ackerman W Johnson S, Outlaws of the Past: A Western Perspective on Prescription and Adverse Possesion Land and Water (1996) 31 Land Water L Rev 79 Accessed December 27th 2016 Ballentine, Title by Adverse Possession (1918) 32 Harv L Rev 135 Baron M, Weeks v Kyrsa: Cultivating the Garden of Adverse Possession (2010) 62 MeLRev 289 Accessed January 15th 2017 Bordwell P, Disseisin and Adverse Possession (1923) 33 Yale LJ 1 Bouckaert B and Depooter B, Adverse Possession Title Systems (1999) Buckley NF, Pye (Oxford) Ltd v United Kingdom: Human Rights Violations in the Eye of the Beholder (2007) 12 (4) CPLJ 109 Burns F, Adverse Possession and Title-By-Registration Systems in Australia and England (2011) 35 Melb. U. L. Rev. 773 Caterina R, Concepts and Remedies in the Law of Possession (2004) 8(2) ELR 276 Chalmers J, J A Pye (Oxford) Limited v United Kingdom: Deprivation of Property Rights and Prescription (2006) 10 EdinLR 277 Accessed December 12th 2016 Chen L, Whither adverse possession in Hong Kong? A comparative and statistical study (2014) 5 Conv 413 Conway H Stannard J, The emotional paradoxes of adverse possession 64(1) NILQ 75-89 Cooke L, Land Registration: Void and Voidable Titles (2004) 8 ELR 401 Accessed Janurary 9th 2017 Cusine D, Adverse Possession of Land in Scots and English Law (1996) 45 ICLQ 667 Dixon M, Human Rights and Adverse Possession: The Final Nail (2008) 2 Conv 160 Dixon M, Modern Land Law (8th edn, Routledge 2012) Donnelly C, From possession to ownership: an analytical study of the declining role of possession in Scottish property law (2006) 4 Jur Rev 267 Douglas, Acquiring Rights To Land by Way of Prescription (2012) TC Young Blog Accessed Janurary 28th 2017 Edney J, Human Territoriality (1974) 81 Psychol Bull 959 Ellickson R Thorland C, Ancient Land Law: Mesopotamia, Egypt, Isreal (1995) 71 CKLR 321 Accessed Farran D, The Principles of Scots and English Land Law. A Historical Comparison (W. Green Son 1958) Gardiner B, Squatters Rights and Adverse Possession: A Search For Equitable Application of Property Laws (1997) 8 Ind Intl Comp L Rev 119 Accessed December 12th 2016 Gravells N, Land Law (4th edn, Thompson Reuters 2010) Gray K Gray S, Elements of Land Law (5th edn Oxford University Press 2009) Gray K Gray S, Land Law (7th edn, Oxford University Press 2011) Gretton G, Case Comment: Privat

The uk housing sector

The uk housing sector Introduction The UK housing sector has been under the shadow of ‘Credit Crunch since June 2007, which initiated from United States and began to cover the globe. Not only the construction industry, but all the other industries including textiles etc. were affected due to this. The housing sector was flourishing day by day as more projects where introduced and the log books were filled till next couple of month, until June 2007, the credit crunch began to expand its feathers, after which the whole streamlines began to draw down. The unwanted result for UK housing sector appeared in the form of; 20 30 % of house prices fell from its maximum level, from 2007 onwards Mortgages are not approved as frequently as it was done before and only 50% are approved and new home are not built as frequently as were done before 2007. Goodhart and Hofmann (2008) explain that the mortgage rates are directly dependant on the banks which has a strong impact on the price of the houses. Due to Financial Recession an alarming situation arose resulting in change of different policies within an organization in order to survive. The Large House Builder, plc is a large UK national house builder which has taken necessary steps to counteract the ‘Credit Crunch by maintaining a balance between its cost and its expenditure. This it has done by cutting down its costs, selling the portion of land which it purchased so that it could be sold at a reason able price when required and by repositioning itself into social housing sector. Appleyard (2006) states that the UKs housing sector is going through a change. The current recession has enabled the housing sector to change. This change is usually in the form of merging one firm into another so that both benefit from each others experience and expertise. The company board of Large House Builders, plc has therefore decided to attain the services of Small Firm Ltd which is a small, regional housing developer in the South East of England. This report will address the key change management issues which would take place when there is mergence of Small Housing Builders Ltd into Large Housing Builders plc in regard to its organizational structure and culture. The second part will be the further analysis of this mergence in the form of preparation of a change management plan for the first two years. LARGE HOUSE BUILDER plc The UK national house builder or the Large Housing Builder (LHB) plc has major contribution in UK for the last decade (Appleyard, 2006). The company has a regional structure with offices throughout different locations of the country. This regional structure is managed by a regional manager who is responsible to answer to the central management board concerning his tasks which mainly include the profit /loss, purchasing of land and all the procedures involved in achieving it and the development and marketing of the site. A recent research done by The Future Shape of the Sector Commission (2006) indicates that in 2006, Large House Builders were successful to build 25,000 houses. But due to the recession in 2007, this figure is said to decrease drastically. The research further suggests that to safeguard the market from adverse effects of credit crunch, Large firms started to merge with Small firms in order to benefit itself along with the other firm. The Large House builder plc, being a big organization has the capability to stabilize it in a number of ways. The current Recession has limited the space for the large housing builders to expand further. The only way suggested is by mergence, which can be done by having strong internal and external relationships within and outside the company. This will result in maximum output and the number one priority to satisfy the customer is hence achieved (The Future Shape of the Sector Commission, 2006) ORGANIZATIONAL STRUCTURE Greenberg (1996) emphasizes that organization structure should be such that it should clearly elaborate the arrangement between the single and assembly of people corresponding to the assigned duties, abilities and power with a certain organization. Although it is not possible to see the organizational structure physically but it can be presented in the form of a chart known as â€Å"organization chart† which elaborates the layout of the parties involved in the organization. Such organization chart can be seen for Large House Builders (Appendix B). The organization structure of Large Housing Builders is a complex one as many parties are involved in this firm. In fact there are as many as 20 sub-parties working at a time for a single project. They can be from designing team to finished project, transportation and logistics of construction materials to finance department, from IT department to Estimation works etc. From this fact it can be seen that it is quite difficult to structure the organization on one single page. In order to define the goals, the relevant part of the organization is magnified yet there is a deep inter-relation between different parties of the company which hurdles the way. As stated earlier, the firm is making its best for the survival in the current Credit Crunch. Although the top management is giving more importance to work hard in order to achieve prosperity which it has seen in the form of positive development yet the entire struggle is ending in vain as the current financial crisis is not permitting to prosper. The management of the firm feels like climbing a huge mountain when it comes to paying the salaries to the staff in the current credit crunch. According to Lu (2009, CL) the structure of the company is the correct usage of the potential facilities and the capacity that a company has. There can be three ways in which the project can be integrated into the firm: Functional Structure In this type of structure, much emphasize is given to functional part. Projects are located in functional units such as human resources, finance and marketing where as the projects located in function which has dominant role with relevant staff being seconded from other functions for duration of the project. The disadvantage is this structure is that all groups are more focused towards functional manager. Matrix Structure The Matrix structure is the one which has both the functional manager as well as the project manager. The members of the project have to report to both the functional as well as the project managers. There are three types of matrix structures according to their strengths; a. Functional Matrix Structure In this the functional managers are more dominant than the project managers. This type of matrix system is also called â€Å"Weak Matrix† system and is mostly suitable for large Firms. b. Balanced Matrix Structure In this type the project managers and the functional managers share equal power amongst them. This type of matrix structure is also called a â€Å"Perfect Matrix†. c. Project Matrix Structure In this type of structure, project managers are more dominant over the functional managers. This type of matrix structure is also called â€Å"Strong Matrix† and is mostly suitable for small firms. Project Structure In this type, the projects are self-contained structural units with each unit having its own staff members and resources. From the above mentioned type of matrix structures, the Large House Builders is having the â€Å"Functional Matrix Structure†(Fig.1). The firm was having a boom in construction as it produced about 25,000 houses in 2006. With the initiation of Recession Period in 2007, the firm started to stabilize its self by cutting down its costs. The firms performance was good when considering each project separately but on a broader perspective, there was less or poor coordination between different projects as the structure of the firm was based on some prototype or typical functions. Thus this structure permitted Large House Builders to enhance their accuracy level by keeping themselves gentle and adjustable with the members of the different projects. In the functional matrix structure, the staff members report to the functional manager as well as the project manager as stated by Lu (2009, CL). This sometimes took a shape of minor clashes between different parties and thus halting and making delay in the project. By analyzing the firm, it was seen that the structure of the company changes as the project progresses. These changes were not massive in nature; in fact some minor changes were taking place. When the bidding phase starts, the firm was showing a firm functional type of structure. As the project initiated, the Functional Structure branched out into two parts. When talking about individual project, Project Structure was mostly dominant and the overall structure of the firm was found to be Matrix rather than Functional. Finally at the completion of the project, Matrix Structure was found which influenced both the Projects as well as the firm itself. As stated earlier, that the company has regional managers which are controlled by the management board thus indicate that it is a â€Å"divisionalized organization† as whole of the structure of company is well organized. The characteristics of divisionalized organization are stated below; The management board directs the divisional members who further authorize the regional members to take control of the profit/loss, land acquisition and marketing. This type of arrange corresponds to the â€Å"middle line† part of the organization. This can be considered as the backbone of an organization where key decisions are taken Lu (2009). The firm has â€Å"limited vertical decentralization† of authority as regional managers are in charge of their region and the company is very much dependant on them. The regional managers are in focus of their jobs perspective and have only one goal of â€Å"Standardization of outputs† and thus producing quality houses in favor of the customers. ORGANIZATIONAL CULTURE According to Schein (2004) culture is an in-depth knowledge of assumptions, faiths and values that the members of the organization take as granted. However, it is difficult to describe it and can simply be regarded as the charm or the identity of the organization. Organizational culture has got both the formal as well as the informal components (Lu, 2009cl). Formal elements like aims and objectives were apparent as all the necessary steps were taken to strengthen the firm not only in its own field but other forms of construction as well. Whereas the informal components such as racism, religious symbolism etc. some what were not in line with the latest policies of the company. The board management took a notice of these moral values which were creating problem and hindrance in the achievement of the firms goals. According to Handy (1993) there can be four types of cultures as stated below; Power Culture In power culture, whole of the control is concentrated to very few individuals. This usually have a family type culture and is suitable for small to medium sized firms where the reaction to the current market trend is very instant. Role Culture In role culture the roles are assigned on the basis of functions. These functions are allocated to different member to do the job. Such a setup is usually in large firms. Achievement Culture Achievement culture is very much based on results and outcomes. Examples can be such firms in with much research and development activities take place. Support Culture In this type of culture, much importance is given to an individual person within the organization. Example can be such as within a design team only importance given to Architect. From the above discuss, Large House Builders plc were found to have â€Å"ROLE† culture because each member fully focused on the role given by the top management. The staff members with not encouraged to do such task which was not stated in their role statement. As all the managerial bodies were assigned their role statements, the junior managers tried to prove their mettle by giving more in the current credit crunch whereas the senior management was try to stabilize the firm in its own way which resulted in some unsettlement between the organization. ORGANIZATIONAL STRETEGY Hersey et.al (1969) defines a strategy as the setting and arrangement of the tasks which an organization wants to achieve. There is a long debate as to whether the strategy is set first or the structure of the organization is set first. But for a successful completion of the desired aim, strategy and structure are always in line with each other Lu (2009,Cl). The high standard of the firm was due to the fact that the management board was quite aware of the strength and weaknesses of their company. Every step taken was towards the stabilization of the business. The management board of Large House Builders was seeing the current credit crunch but was unaware that this could give a real tough time to them. So a meeting was called in which certain points were drawn down, the main theme was that the Banks were unable to give the money to the clients which in return resulted in a complete stop to construction of some time. According to Lu and Sexton (2006) the firm in the phase of innovation can be either explorative or exploitative which counts on the Structure capital, Human capital and relationship capital When seeing Large House Builder plc under the generic company level strategies illustrated by Miles and Snow (1978), the company was found to be â€Å"ANALYZERS†. The company was doing well and was very stable before the credit crunch in 2007. This can be judged by the performance of the company in 2006 as the company produced 25,000 houses indicating that it has very well organized structure and they are very bothered about their efficiency, performance and reputation. Thus they were having good expertise in their field of work with good amount of resources available for their expansion and establishment. Being analyzers, the company will expand their business in the same field i.e. construction of houses which may be on a larger or smaller scale but the basic aim will be stabilization, reputation and good performance. SMALL HOUSE BUILDERS: The Small Firm Ltd is a regional housing developer was has its operations in the South East of England. The firm is a family owned organization in which all the top management is from the same family indicating that the culture of the firm will be a family culture. The key members will have strong belief and good understanding between them. The Small Firm Ltd is completely customer oriented. High priority given to customers is very essential to thrust forward in business. Customer satisfaction is the key to success for the firm. The Small Firm Ltd produced 1,000 social housing units in 2006 which is the clear indication of well established link with public and private authorities. The close link between different authorities is very beneficial as such types of strategies are helpful when there is a limited space and time to stabilize. ORGANIZATIONAL STRUCTURE The Small Firm Ltd has highly motivated and trustworthy top management whose total emphasize is on customer satisfaction. The firm has produced 1,000 housing units in 2006 for different housing associations and local authorities. This indicates that the firm has strong ties with its customers and all of them have good understanding amongst them. As previously stated, the organizational structures can be Functional, matrix or project structures Lu (2009). From them above discussion it is quite obvious that the firm has â€Å"Project Matrix Structure† which is also called strong matrix due to the reason that in this matrix type, Project Manager has the authority to influence its staff and workers. The workers have to answer to the Project Manager for their work which is the case in Small Firm Ltd due to the strong tie between the Project Manager and the workers. The role of the Functional Manager in firm is independent to the Project Manager as the Functional manager focuses more on the technical side and the resources allocation. The resources and cost allocation is quite tough job when it comes to a complex project. According to Lu (2009), there may be a conflict developed between the Project Manager and the Functional Manager due to the resource allocation. The firm posses a â€Å"machine organization† due to the following reasons as indicated by Lu (2009): The firm is much focused on technostructureso that it competes the market and its competent. The firm shows limited horizontal decentralization as the members of the board share more ideas with the project manager and less with functional managers although both manager types are important for its success. The labor of the firm is hard working and always motivated to do the tasks which contribute to the betterment of the country and the firm. There is a strong communication and co-ordination grip between the labor and the project manager and thus show standardization of work process. ORGANIZATIONAL CULTURE Deal and Kennedy (1982) explained that to check whether an organization is successful or not, study its culture. The Small Firm Ltd has a family culture which means that level of trust and motivation is very high. From the types of cultures explained by Handy (1993), the Small Firm Ltd is having a â€Å"POWER† culture (fig. 4), the reason of power that the total concentration of the power and authority will be on a single person who will be the leader. Small firm ltd is having an informal type of structure which indicated the strong influence of the leader (family member) the staff members including managers. The firm can easily cope with any external discrepancies that may arise during a tenure time of any project. Thus making it self stabilize creates less problems and such firm can easily cope with financial crunch. ORGANIZATIONAL STRATEGY Structure and Strategy should always be inline with each other (Lu, 2009). Thus this type of strategy can be found in Small Firm Ltd as the firm can easily cope with financial crisis. From the types of strategies stated by Miles Snow (1978) the Small Firm Ltd was found to have â€Å"DEFENDER† type of strategy. The Small Firm ltd is very market based firm, close study of market and new trends in market is very beneficial for the company as it helps to change the short comings and thus increase the profit. The strong relation between the top management and the departmental management is in strong observation between the leader which is very beneficial to enhance the chances of survival in the time of difficulty. CURRENT SITUATION The management board of Large House Builder plc has decided to merge with Small Firm Ltd in order to stabilize itself in the ongoing credit crunch period (Appendix 1). This is not the only aim; in fact other things are also taken into consideration like Large House Builder plc is trying to adopt the expertise of social housing as well so that if there is a slump in the construction of large houses, the company can mingle with the social housing sector. So there is a need of change between two companies which can easily be brought into practice by implementing a change management plan. CHANGE MANAGEMENT According to Lu (2009, LP2) change is an important fact of life and the key success is to manage it successfully. A successful manager is the one who doesnt allow change to happen on its own, in fact he make proper plans and strategies to implement change. Change doesnt take place at once rather it can take place many months and even years for the different parties involved in change to settle down and know each other. Such a situation of change management has risen up between the Large House Builders plc and the Small Firm plc. Both the companies are opposite to each other in the since that both have different organizational structures, cultures and strategies but the common thing between them is that the both are in the construction business and especially in house building. Both companies will have the following Organizational issues; Structural issues The large house builders have functional matrix structure and the small firm ltd has a project matrix structure. The small firm will have to work really hard to come with the structure of the large house builders. The large house builders have a very well organized formal structure where as the small firm has an informal structure. Cultural issues The Large house builder has a Role culture in which every manager has a certain role assigned on which he is only answerable for his work to the top management whereas the small firm has power culture in which whole power is concentrated on the leader or single person. Such issues may produce a clash between two parties. Strategic issues The Large House Builders have adopted the analyzers strategy where they are keen to expand their company according to given marketing conditions and respond to market changes. On the other hand, Small firm adopts defenders strategy in which they do the job in their own field of expertise saving themselves fro outside threats because of having family culture. Such issues may cause a hurdle towards success between the two companies. To cope up with such difficulties a two year change management plan will be setup so that the process of integrating two companies of different culture, structure and strategy can run smoothly. TWO YEARS CHANGE MANAGEMENT PLAN To bring about change in the organization, necessary two change management plan is to be setup for the proper implication of roles and jobs of the two different teams i.e. the Large House Builder plc and the Small Firm ltd. Lewins (1947) three stage change management plan for the individuals of the organization can be setup as: Unfreeze Change Re-freeze Kottars (1996) eight stages change management plan will be used to implement a successful change in the organization. The eight stage plan is: Establishing a sense of urgency Creating the guiding coalition Developing a vision and strategy Communication the change vision Empowering broad-based action Generating short-term wins Consolidation gains and producing more change Anchoring new approaches in the culture The two change management approaches will be integrated in such a way that a proper setup over a period of two years will be established which will enhance the companys performance. FIRST YEAR The first year of the mergence of Small Firm ltd into the Large House Builders plc will be very crucial as many objections and discrepancies are likely to be encountered. Though the anticipated outcomes of the mergence is likely to generate a lot of benefit to both the companies yet the initial few months are regarded as very sensitive for the Small Firm Ltd. The change management plan is broken down in Quarters of a year and possible planned workout is analyzed as follows: FIRST QUARTER (Q1): During the first quarter of the first year the Small Firm Ltd will be in the learning stage and would be considering ways to overcome the barriers which would resist their way towards the change. According to Greenberg (1996), an organization can encounter with two different types of barriers in change. Organizational Barriers to Change Individual Barriers to Change 1. ORGANIZATIONAL BARRIERS TO CHANGE Sometimes terms and conditions are such set in an organization which barriers a change to take place (Katz and Kahn, 1978). Following are the organizational barriers to change in the view of Greenberg (1996): a) Structural inertia The Small Firm Ltd and the Large House Builders plc significantly differ with respect to the organization structure they have worked in before. The Small firm ltd will learn to adopt the divisional structure of the large house builders by mixing their manager with the divisional managers of large house builders. b) Work group inertia The large house builders and the small firm have their own ways to complete the assigned task. A task is not just completed as it a part of the job in fact, it is because the person learn from his social values to complete a certain task as assigned Greenberg (1996). So to tackle the pressure of completion of task at both ends is different which needs to be considered when assigning tasks. c) Threats to existing balance of power This issue is very important when it comes to change within two organizations as the managing power of both firms is entirely different from each other. For example the Large builders have a management board and a CEO who is in charge of making key decisions whereas in Small firm there is a single power or a leader who takes key decisions. After mergence, a conflict would be raised up during the designation and allotment of powers within the organization. d) Previously unsuccessful change efforts. Both the firms are quite familiar with the fact that change management theories recently adopted by firms havent proved to be successful yet both are willing to stabilize themselves with firm motivation and hard work. 2. INDIVIDUAL BARRIERS TO CHANGE The Small firm being in the initial stage of mergence will be facing great difficulty to cope with the individual barriers to change. According to a research done by Nadler (1987), there are many factors that hurdle the way of people towards a change. These factors are: a) Economic insecurity A very important point which comes into ones mind during a change at any level of work is that whether my job is secured? Am I getting the right salary? Such issues when taken into consideration during a change in such a time of Credit crunch may alter the minds of the employees of not only the Large builders but in fact the small firm ltd also. The reason being that both the firms are going to re-locate and re-assign the tasks to the individuals which my interrupt the desired performance of members. b) Fear of unknown While following the same routine of work as followed by the staff for quite a long time, the staff felt secured that they had a good level of understanding developed between other staff members and managers. Merging with someone you havent worked with before will set up a fear of unknown and everyone will be in a state that something can go wrong any time Greenberg (1996). c) Threats to social relationship Due to a change the members of the firm feel un-relaxed and insecure as they had good relation ships with the members they were previously working with. Due to this a lack of communication would be developed which would resist the fluency of work. d) Habit By doing a similar kind of work for past many years develops a natural phenomenon for an individual and the person becomes habitual to it. Any alteration in form of a change/new job, can result in mental dissatisfaction resulting is low performance. e) Failure to recognize need for change In situations where the individuals of the organization are unable to understand the necessity of change can result in a complete disaster. To overcome this, necessary steps such as awareness campaigns are run to establish a level of understanding among the workers so that they are well aware of the advantages of change. During the First Quarter (Q1) of the first year, the Small firm Ltd will be coping up with the initial difficulties of settlement in the organization. With the further enhancement of the Two year change management plan, there would not be any discrepancy left within both the organizations after mergence.

Title IX: Leveling the Playing Field Essay -- gender equity in sports

How does one define the success of a high school and college? Is it through standardized test scores, graduates, and college applicants? Is it through winning games and playing beyond the school? Yes, in fact it’s all of these things. America is based on freedom and equality. America is created with â€Å"Liberty and Justice for All†. America is only now starting to treat women as the equals they are. Although Title IX has improved athletic opportunities for women, the ratio of women to men athletic funds is uneven because of the revenue main stream men’s sports bring to the schools. As colleges grew in people and pride, football became the new sensation. With the predominant â€Å"football schools† nationwide, female athletic programs weren’t given much thought. Football provides the schools funding through its massive packed stands. The revenue made funneled back into the football programs and left little funding for any other sport, male or female. In 1972, the nation finally decided to make a stand, and force schools to create and sponsor other athletic teams for females, besides cheerleading and square dancing. Title IX was enacted in 1972 by President Richard Nixon. It â€Å"requires† gender equity for boys and girls in every educational program that is federally funded. Many people do not even know that Title IX exists, or if they do, that it applies to more than sports. However it applies to sports, access to higher education, career education, education for pregnant and parenting students, employment, learning environment, math and science, sexual harassment, standardized testing and technology. It forced schools to even the playing field and implement women’s sporting teams. Before Title IX, it was nearly impossible to get a f... ...011. Davis, Paula M. "Imagine Fund Will Offer Race and Gender-based Scholarships in Response to 2006 Anti-affirmative Action Law." MLive. Michigan Live LLC, 20 Aug. 2008. Web. 06 Feb. 2011. Grant, Christine. "A Title IX Presentation." Bailiwick. The University of Iowa Libraries, 25 Sept. 1995. Web. 10 Feb. 2011. Lopiano, Donna. "Title IX Q & A - Women's Sports Foundation." Title IX. Women's Sports Foundation, 26 May 2005. Web. 10 Feb. 2011. Rhode, Deborah L., and Christopher J. Walker. "Gender Equity in College Athletics: Women Coaches as a Case Study." NCAA. National College Athletics Association, 26 Mar. 2008. Web. 6 Feb. 2011. Weistart, John. "Equal Opportunity? Title IX and Intercollegiate Sports." Wilson Web, Fall 1998. Web. 2 Feb. 2011. "Christine Grant | Sports Management Resources." Our Consultants. Sports Management Resources. Web. 10 Feb. 2011.

A Women Of Castigliones The Courtier And Machiavellis The Prince :: essays research papers

Essay on Woman Leader Machiavelli and Castiglione both present the epitome of perfection in their topics of leadership and the way a women should be, respectively. In the case of Castiglione's work, it is stated by signor Gaspare that "...in the way people sometimes hanker after things that are impossible and miraculous, rather then explain them you (Magnifico) have wished them into existence." This quote is true of both excerpts. Both have created idealisms that are of perfection; however, both do also allow for imperfection. Again in the excerpt from Castiglione's work where Magnifico states "...because man is more robust, more quickly agile and more able to endure toil..." shows the obvious imperfections of the female gender. Machiavelli, on the topic of leadership, also talks of imperfections: "The new prince - above all other princes - cannot escape being called cruel, since new governments about in dangers." Leaders therefore are left to the mercy of their own imperfect ions and the imperfections of the human spirit. Perfection, even mixed in with a few imperfections, is very hard to meet. One would have to be of the offspring of God to meet some of the qualities mentioned. However, far from the offspring of God, there is another that comes close to many of the generalizations stated. She is a leader behind a leader and is probably one of the strongest women of her time. First, Mrs. Clinton as a leader possesses many of the qualities mentioned by Machiavelli; such as her toughness and appearance of good morals. In Castiglione's realm, she matches the qualities of dignity and strong virtues. Hillary Clinton clearly shows qualities mentioned in both excerpts regarding her position as a leader and as a woman. First, Hillary Clinton as a leader possesses a great number of qualities mentioned by Machiavelli, one of which is represented in her handling of the Whitewater scandal. Machiavelli gives and example of how it is important to, "in order to keep his position, act contrary to the truth." Mrs. Clinton most likely lied about her involvement in the scandal in order to "keep her position" as a leader. Mrs. Clinton also fits true to what Machiavelli says about appearance: "...it is not necessary actually to have all the above-mentioned qualities, but it is very necessary to appear to have them"; the qualities being: merciful, trustworthy, humane, blameless, and religious. The first lady appears to be trustworthy, in that she holds true to her contract of marriage although her husband has made and abomination of the sacred agreement.

Fiction †literature Essay

Hemingway’s modernist style of storytelling requires an impersonal narrator. The narrator describes the scene, and interjects small actions into the dialogue, but remains a facilitator for the reader to concentrate on the dialogue and the action of the story. The narrator in this story seems to tell the story as if it were a video clip, a nameless railway station somewhere between Barcelona and Madrid, ghostly white hills, a faceless waitress and an anonymous couple. The use of this narrator makes the reader look much deeper into the dialogue of the couple, because without the narrator spelling out the action for the reader, one is forced to interpret much more from the character’s words. This modernist device tends to separate the reader momentarily from the text, so that the full impact of the story is not truly felt until one is finished reading. However, this device serves to make the story connect on a deeper level, and to have more impact as it hits one suddenly, instead of being built into a slow climax. From almost the beginning of his writing career, Hemingway employed a distinctive style which drew comment from many critics. Hemingway does not give way to lengthy geographical and psychological description. His style has been said to lack substance because he avoids direct statements and descriptions of emotion. Basically his style is simple, direct and somewhat plain. He developed a forceful prose style characterized by simple sentences and few adverbs or adjectives. He wrote concise, vivid dialogue and exact description of places and things. Critic Harry Levin pointed out the weakness of syntax and diction in Hemingway’s writing, but was quick to praise his ability to convey action The majority of his early novels were narrated in the first person and enclosed within a single point of view, however, when Hemingway wrote For Whom the Bell Tolls, he used several different narrative techniques. He employed the use of internal monologues (where the reader is in the â€Å"mind† of a particular character), objective descriptions, rapid shifts of point of view, and in general a looser structure than in his earlier works. Hemingway believed that â€Å"a writer’s style should be direct and personal, his imagery rich and earthy, and his words simple and vigorous. The greatest writers have the gift of brevity, are hard workers, diligent scholars and competent stylistsÃ'Ž To explain Hemingway’s style in a few paragraphs in such a manner as to satisfy those who have read his articles and books is almost impossible. It is a simple style, straight forward and modest. Hemingway’s prose is unadorned as a result of his abstaining from using adjectives as much as possible. He relates a story in the form of straight journalism, but because he is a master of transmitting emotion with out embelli

James Moloney Gracy

Gracey is the second in James Moloney’s contemporary trilogy that deals with a range of issues facing Aboriginal society. In this text, Gracey finds herself confused about her identity, caught between the worlds of her Aboriginal background and the Anglo-Saxon environment of her exclusive boarding school. Gracey’s family has recently relocated to the outback town of Cunningham, however she feels estranged from the community.Gracey’s school friend, Angela, has come to visit and seems intrigued by Cunningham, however Gracey is impatient and embarrassed by her home. Intolerant of younger brother Dougy and the prospect of becoming yet another single Aboriginal mother in Cunningham, she is eager to return to Brisbane. Gracey lives and acts ‘white’. Dougy meanwhile uncovers a mass grave of aboriginal bones in the small town, prompting an outrage by the local black community.They wish to reclaim the land and demand answers surrounding the death of these men . Gracey too becomes enthralled by the mystery, researching mass killings of Aborigines. She is shocked by her discoveries but becomes impassioned for the first time about her people and her heritage. When Gracey’s mother dies, she returns home to Cunningham and assumes the matriarchal role, taking care of her two brothers. Raymond, her older alcoholic brother, drinks all of his social security money, leaving the family penniless.He is aggressive and lost. Dougy has also become more apathetic, spending much of his time roaming the town foraging through rubbish. As a result of the discovery of the mass grave, the Aborigines in Cunningham participate in a protest march which results in Raymond and Dougy being thrown into the watch house overnight. This is Dougy’s first brush with the law, however Raymond has spent many nights in the town jail. Despondent and depressed about his future, Raymond hangs himself in his cell.