The World Of Waiters Book Review - 1863 Words

The World of Waiters Book Review Jacob Jenkins The Ohio State University Abstract This book begins with the author examining why he chose the hotel industry, narrowing down the ethical dilemma in gathering the information needed to conduct the research. The author describes what service is and gives the reader a chance to understand the various relationships involved in a dining experience, whether it be behind the scenes or merely out in the dining area. Narrowing further, the author examines the service given to customers; looking at the serving style of whether to treat the customer as a friend or as a professional, and observing who gets the upper hand, the waiter or customer. Finally, the book wraps up the†¦show more content†¦In this review, we will look at the strengths and weaknesses of the book, the overall opinion of what the book tells the reader, and discuss the relation to class concepts. Strengths and Weaknesses The author makes clear his ethical dilemma in the research process. For example, when they first started their research, they struggled to evaluate the discretion level given to those they were researching. Either Nicod could tell the truth about why he was there or he could not say anything in order to record honest behavior. If Nicod decided to pursue the former, then he could have recorded bias behavior because they did research and found that management and staff showed â€Å"hostility to outsiders, and particularly to researchers (Mars Nicod, 1984, p. 14). Given the type of research and how it would affect the behavior and be limited to only the coworkers who had nothing to hide or limited loss to exposure. Ultimately, they concluded that they would proceed with undercover research. They further explain that they â€Å"have done little or nothing to damage our subjects’ personal reputations, because every effort has been made to mitigate the et hical offence. In the first place, we have omitted names and changed other irrelevant facts to protect the identity, and therefore the privacy, of those involved† (p. 14). Another strength was that the examination really let the reader dive into this world and can process what the waiter is thinking, how they control

The Fragile Ecological Existence Of The U.s. Southwest

The fragile ecological existence of the U.S. Southwest is complicated by the presence of endangered migratory species who naturally move across our borders, including gray wolves and jaguars. The terrorist attacks on September 11, 2001 entrenched social rules regarding immigration and border security installed through the Illegal Immigration Act and Immigrant Responsibility Act. This and the Real ID Act allow border patrol to further diminish chances of survival for endangered species, by granting waivers of the Endangered Species Act and NEPA, in order to secure our borders. This is an analysis of the complex social needs coinciding with decisions regarding border activity along the U.S.-Mexico border, specifically the Arizona portion†¦show more content†¦Even if the lands are protected, they are not safe from the ecological burden of protecting our borders. Due to changes in legislation the Border Patrol Agency is exempt from stringent environmental laws. This is true in a ny of the areas surrounding the border, and they are looking to expand the radius of exemption, to better protect our borders. The Defenders of Wildlife, the Sierra Club, and the Northern Jaguar Project are looking to reinstall a social rule which the United States already implemented with the Endangered Species Act. This legislation created the social rule that no species should be forced into extinction due to human activities. Riders on the Illegal Immigration Act and Immigrant Responsibility Act of 1996 and the Real ID act of 2005 allowed this social rule to become obsolete. Social rules changes in favor of the environment occur when the public is largely in support for saving the environment. However this support can be splintered by another need of the country especially when the opposing discourse has a crisis wave to ride. This case shows how the issue of border security triumphs environmental needs due to the pertinence of immigration reform along with the crisis impact cau sed by the terrorist attacks on September 11, 2001. Theory: Environmentally beneficial social rule changes occur when the public is in favor of protecting the environment, the task delegated to

Tv Series N Fashion Free Essays

Television is a cultural reference point for most of us, a type of shorthand that makes it easy to carry on a conversation. Columnist Ellen Goodman wrote that to those born since the baby boom of the late ‘40s, â€Å"All history begins with television. † We compare ourselves to those on TV; we change how we dress and cut our hair and talk based on the latest television trend. We will write a custom essay sample on Tv Series N Fashion or any similar topic only for you Order Now Viewers pick up catch phrases and turn them into side-splitting party parodies that in turn become part of our culture. For decades, almost ever since the inception of the television, the two have seemed to influence each other. In the ’60s, Jacqueline Kennedy was seen as a fashion icon after bringing style to the White House. News reports focused almost as much on her wardrobe as on her husband’s dealings as president of the country. Diane Keaton brought thrift store couture to a whole new level with her now-famous â€Å"Annie Hall† look of menswear with a twist of femininity and Madonna changed the way the world viewed undergarments worn as clothing with her videos on MTV in the ’80s. Today’s small-screen fashion icons range from the geek chic of the â€Å"Ugly Betty† characters to the vampire- and dark-influenced â€Å"True Blood† to the retro teachers and students on the ever-popular â€Å"Glee† to the chic girls on â€Å"Gossip Girl. † â€Å"TV and fashion are inseparable,† said MeeAe Oh-Ranck, a fashion designer and professor at Philadelphia University and Pennsylvania College of Art Design in Lancaster city. â€Å"Some of the shows have had such a huge impact on sharing fashion with the world. â€Å" Shows like â€Å"Sex and the City,† â€Å"Ugly Betty† and â€Å"Glee† are at the top of Oh-Ranck’s fashion-influencing list. They illustrate how fashion and television help each other by making looks popular that may have been questioned in the past, she said. â€Å"Geek chic has become an acceptable form of fashion because of shows like ‘Ugly Betty,’ † said Oh-Ranck said. â€Å"It shows that being a geek is acceptable,† Oh-Ranck said. â€Å"It shows that there is fashion everywhere, and it’s up to each person to create her own style. The breakdown for the geek chic look is heavy glasses, braces, slim pants and mismatching colors and prints. (pic: famous tv sitcom – Ugly Betty) Another popular look stolen from the small screen is the â€Å"Gossip Girl† glam of a layered casual look with funky accessories and cocktail dresses. Park City Center store Charlotte Russe carries the Eric Daman for Charlotte Russe c ollection, which is actually designed by â€Å"Gossip Girl† stylist Eric Daman. The line features party dresses, shoes and accessories, according to a CW Network press release. The line was launched Oct. 4 and everything in it is priced under $50. According to David Hacker, vice president of trend and color for Kohl’s, â€Å"popular television shows like ‘Gossip Girl’ typically feature the most up-to-date looks and accessories which help viewers translate fashion forward, runway ensembles into hip, everyday looks. † For teens and 20-somethings, the jury is out on whether some of the TV characters’ fashions are acceptable or not. Recently, â€Å"Glee† and â€Å"Gossip Girl† stylists came under fire for the not-so-modest dresses and attire worn by many of the characters on the shows. Some of MTV’s shows have escaped the critical radar, even though the fashions are very similar and show just as much skin. â€Å"Feminine details, lace and embellishment rule the screen this holiday season,† Hacker said. â€Å"Take cues from Addison on ‘Private Practice’ or Rachel on ‘Glee’ and layer your lace and ruffle-trimmed top under a LC Lauren Conrad motorcycle jacket or cardigan to create a lingerie-inspired look. † However, the main fashion characters on â€Å"Glee† — Rachel and teacher Emma — are found on the conservative side of the spectrum with their classic, almost retro look. Rachel sports a prep-school inspired look during school scenes with girlie skirts, ruffles and fun, quirky accessories. Emma, the doe-eyed, red-head teacher, wears layers, pencil skirts, cropped cardigans and Mary Jane-inspired chunky heels. It’s during the musical acts that the tight, and sometimes revealing, clothes are worn by the characters and critics have questioned the appropriateness given the show airs at 8 p. m. , when the younger generations can still be exposed to the not-so-conservative clothes. Left is Rachel from the famous TV sitcom Glee, Right is Emma from Glee) Although many teens and 20-somethings look to TV and movies for fashion inspiration, Oh-Ranck encourages them to develop their own fashion sense and says it’s OK to use these characters as influence and inspiration, but that they should try to find a fashion voice of their own. â€Å"It’s great to borrow some of the pieces of these looks,† Oh-Ranck said. â€Å"But adapt it into yo ur own personal style and have fun with fashion. † Top 10 most influential Style and Fashion TV shows Pop culture in general has greatly influenced the styles and  fashion  of today. Popular TV shows in particular have helped mould the way fads and  trends  have evolved to what they are today. Below are some of the most influential shows that have set the tone for what’s in and what’s out in the fashion world. The Fashion Show This show offers viewers a chance to look into what will soon be hitting the runways from the hottest new designers. It incorporates the most popular up-and-coming designers and some friendly competition. Trends are born on every episode. Project Runway One of the pioneers in reality fashion is Project Runway with its iconic Tim Gunn and the ever-popular Heidi Klum. This show takes designers for a whorl wind adventure through the trials and tribulations of making it in the fashion industry. The audience gets to see first-hand where  style  comes from. What Not To Wear This series is a raw, in your face tour through what not to wear. Participant’s closets are stripped down to bare hangers and empty shelves and are forced to start with the basics with fashion experts coaching them the entire way. Informative and entertaining, this show gives you your ashion medicine for the day. Gossip Girl This hot and steamy series takes a look at the life and styles of affluent young people in New  York City. Aside from the drama and betrayal, this show exhibits the lattest styles directly from Fifth Ave. Keeping Up With The Kardashians The Kardashian clan has made a spectacle of themselves in many ways but fashion is a subject where t hey have excelled. The women of this show are decked out in the hottest trends from noon to night and spare no expense at parading around with their immaculate taste for fashion on permanent display. The Real Housewives Series Through the many series, the styles were as outlandish as the cat fights. Straight from the styles of the rich and wanna-be famous, the woman of all the seasons of The Real Housewives franchise showed viewers how to dress in style yet act like a bull in a china shop. America’s Next Top Model Although this series’ main focus is the journey of aspiring models, the fashion trends shown come in a close second. As they worked with the hottest designers on the market, these young woman flaunt fashions unlike anything you see window-shopping. Sex and The City Perhaps the most iconic fashion show of its time, Sex and The City paved the way for all trendy shows to come. With its varying styles amongst the women, this show presented New York trends in a way that felt as if we could all reach them one day. Fashion Star With a new spin on the traditional reality fashion show; this series gives designers the opportunity to showcase their lines for actual buyers from some of the biggest retails in the market. Fashion star gives viewers the ability to view what will be hot and what stores they can find their favourite styles at. How to cite Tv Series N Fashion, Essay examples

Doctor and Patient Relationship Essay Sample free essay sample

The doctor-patient relationship ever has been and will stay an indispensable footing of attention. in which high quality information is gathered and processs are made every bit good as provided. This relationship is a critical foundation to medical moralss that all physicians should try to follow and populate by. Patients must besides hold assurance in their doctors to swear the solutions and work about created to counter act certain unwellnesss and disease. Doctor-patient relationships can straight be observed in both the narratives and verse forms of Dr. William Carlos Williams every bit good as in the clinical narratives of Dr. Oliver Sacks. Both of these physicians have really similar and diverse relationships with multiple patients in term change the manner they go about clinically mending them. In the narratives of Dr. William Carlos Williams the reader relives the experiences of different patients through the eyes of Dr. W. C Williams. After each narrative the reader gets a clear apprehension of the feelings Dr. We will write a custom essay sample on Doctor and Patient Relationship Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page W. C Williams as it is expressed in his authorship. One of the first stories the reader experiences is called â€Å"Mind and Body† . In this narrative Dr. W. C Williams is confronted with a disillusioned adult female named Ingrid. She comes to him because she believes that she is enduring from an early phase of malignant neoplastic disease. The relationship between the physician and patient is faintly seen as any kind of connexion. This is seen as throughout the reading. the speaker’s voice continually alterations between the physician and the patient ; this comes down to a unstable set of communicating. The adult female invariably changes subjects and continues to jog even as the physician is seeking to calculate out a diagnosing. Through the position of the physician. it is described that the adult female looks instead healthy and immature. This is a complete contrast to what the adult female is depicting how she feels. In this state of affairs it is hard to properly gather quality information to calculate out a solution when the relationship is non rather at that place. The following narrative â€Å"Use of Force† best describes the type of physician to patient relationship in this narrative. This reading is another illustration of what a physician to patient relationship should non be. What makes this narrative unlike the others is the patient is a really immature miss who is more frightened than disquieted on her status. The physician to patient relationship is based on a prevarication. The physician was unable to analyze his patient due to the immature miss non leting him to look into out her pharynx. In a despairing action the immature girl’s parents province â€Å"Look what you’ve done. The nice man†¦Ã¢â‚¬  disrupting the physician leap in stating. â€Å"Don’t name me a nice adult male to her. † ( pg58 Williams ) . At this point in the narrative. it shows that the relationship is based on a rigorous Doctor to child footing and there is an lone concern related belongings to work out her illness. The following narrative is called â€Å"The Girl with the Pimply Face† . W. C Williams comes to a house to look at a ill babe ; meanw hile the lone individual place is a immature miss. This state of affairs seems like a mystifier work outing job for the physician. As he comes to see the babe he asks the immature miss if there are any jobs with the babe ; in response the miss said she doesn’t know. The reader can experience his confusion as he states â€Å"†¦said the miss every bit fresh as pigment and looking approximately every bit apathetic as through it bad been no relation of hers†¦Ã¢â‚¬  ( pg43 Williams ) . This continues throughout the narrative as the physician asks inquiries he receives the same response of un-clarity and deficiency of desire. This narrative has a different signifier of physician to patient relationship. as the focal point of the narrative is on the immature miss who is non his patient. As shown in The Doctor Stories W. C Williams has many different types of physician to patient relationships. The most of import factor to work outing all of his patient’s conditions is focused on the relationship he makes with them. no affair how big or little of a connexion there is. The following series is a book called The Man Who Mistook His Wife for a Hat. a aggregation of clinical narratives by Oliver Sacks. Most of Oliver Sacks physician to patient relationships are really personal. The first narrative is titled the same as the book. The patient is a older adult male named Dr. P who suffers from a vision damage. but his unwellness lies further beneath the surface. Dr. P is a music instructor at a local school and music plays a immense influence in his life. Through the reading. it is shown how interested Dr. Oliver Sacks is in his relationship with Dr. P. Near the terminal of the narrative the patient asks Oliver Sacks what would he order for him and the response given is â€Å"†¦I would order. in a instance such as yours. is a life which consists wholly of music. † ( pg13 Sacks ) . This shows that the relationship between the physician and patient is based more on what the patient can associate to and happen easy to accommodate with. Next is a narrative called â€Å"Hands† . The narrative is based on a 60 twelvemonth old adult female named Madeline. a unsighted character that besides suffers from intellectual paralysis which leaved her un-capable to map with her custodies. Madeleine is so used to holding everyone do things for her. interim she still has feelings in her custodies ; Oliver so decides to non hunger her but allow her catch the nutrient on inherent aptitude to so shortly happen out she uses her custodies to catch a beigel. The manner the narrative ends is she begins to inquire for clay and casts what she in visions people’s faces and objects to look like and surprisingly comes out really near. It is as if one sense is lost the others increase in quality. This relationship is really similar to old narratives ; Oliver takes his relationship with his patient to a personal degree. The last narrative is called â€Å"On the Level† which is about a old adult male named Mr. MacGregor ; who appears to be absolutely all right besides he begins to lean when he walks. The unusual portion is the patient was incognizant of his behaviour until Dr. Oliver Sacks recorded his motion and played it back to him. What makes this narrative different than most instances is that Mr. MacGregor figured out his ain solution without Oliver Sacks. but would still convey Oliver into his thoughts and creative activities. At the terminal they built a balance in between his spectacless which would give him a ocular degree to do certain that when he would walk it would be straight. What makes Oliver Sack’s relationships with his patients different than most is he takes their unwellnesss and or defects and turns them into their best personal quality. As seen in both William Carlos Williams and Oliver Sacks medical narratives. the physician to patient relationship plays a major function on non merely the result but how to acquire at that place. From the narratives of â€Å"Use of Force† which made a state of affairs about impossible to â€Å"On the Level† in which nil was truly done on the physicians behalf to come to non merely a antic but memorable solution. With a great relationship quality replies and processs come of course between a physician and a patient. These grounds all underlay why physician to patient relationships are a footing to positive disposal of medical specialty.

What is Hinduism an Example by

What is Hinduism? Hinduism is a religious belief observed by millions of people all over the world. It has been established thousands of years ago, making it one of the oldest religions in the world. (BBC) In addition, the population of advocates who support Hinduism is massive, thus making it the third largest religion in the world. (Religious Tolerance) It is said to have originated in India, however it has not been recognized to any person based on its creation and development. (Das) Need essay sample on "What is Hinduism?" topic? We will write a custom essay sample specifically for you Proceed Early History of Hinduism Hinduism has been traced to emerge during 3000 BCE, and its practice have been prominent in placed such as Punjab valley, Indus valley, and Mohenjo-Daro among others. The people within these communities practiced Hinduism. They also have a distinct set of beliefs and practices that were present during their time. For instance, religious practices such as worship were done beside the rivers, around fires, etc. However, time has changed these practices and found its way to learning all the different religious practices in the past and fuse it together to make a single religious practice. (BBC) Hinduism was also influenced by other religions such as Jainism and Buddhism. The emergence of these religions influenced the formation of Hinduism later on. After the establishment of Hinduism, several religions also influenced the traditions and ideas that lays the foundation of the religion. For instance, Islamic practices such as the mystical traditions and beliefs have the same ideologies with that of Hinduism, despite their conflicts in territory and expansion. (BBC) Aside from the influences of other religious factions, Hinduism was also influenced by Western traditions. Missionaries attempted to convert followers of Hinduism into Christianity. However, this only angered and challenged the Hindu population, thus pushing them to restore the old Hinduism faith. The revival of Hinduism took place during this time. Old practices and traditions were relearned and implemented. (BBC) Beliefs and Practices The Hindu practice believes in a single god, whom they call Brahman. They believe that he was the one who created the universe and all the living things that inhabit it. However, several factions within the religion worship different gods. Three groups are divided according to the god that they worship. For instance, one group worships Vishnu. Another group worships Shiva. The third group worships a mother goddess, whom they call Shakti. These three gods are believed to be united in one, and that is Brahman. (BBC) The practice of Hindu rituals and traditions are observed and taught even before the conception and birth of a child. For instance, there are prayers for parents in order for them to be able to guide and protect their children. There are also several ceremonies such as the welcoming of the newly born child, a ceremony for naming the child, and even ceremonies before the childs ears are pierced or before his hair is cut. (BBC) The unique characteristic of Hinduism is that it believes in reincarnation. They believe that when people die, they come back to the world in a completely different form. In addition, ones behavior or morals where predict whether one will become something or someone that is good or desirable in the next life. For instance, people who have been behaving badly will become undesirable creatures in the next life. While people who have been good to themselves and to others will be reflected in ones life after death. Moreover, reincarnation depends on the caste system. (Contender Ministries) The aim of believing in Hinduism and practicing their beliefs and traditions is to achieve nirvana. Nirvana is the highest state of being wherein one is untied from the cycle of reincarnation. This happens when one fulfills all his duties and responsibilities to his family and society. Meditation is also instrumental in achieving salvation, thus leading to eternal peace and state of mind, as embodied in the principle of nirvana. Through meditation, one is liberated from ignorance and is enlightened with knowledge and wisdom. Lastly, the road to nirvana entails self-sacrifice and surrender. People who practice Hinduism must be able to submit to the gods through worship and rituals, and being able to exist in this world within the path of god. (Contender Ministries) Different Denominations Hinduism has four main denominations and the other three are mentioned above. The denominations of Hinduism depend the god that they worship, the doctrine that they follow, and the beliefs and traditions that they wish to practice. For instance, the Vaishnavas worship Vishnu. They also value devotion to their god. Shaivas worship the most popular god in India who is Shiva. Shaivas practices are mostly based on meditation and gaining knowledge. (The Heart of Hinduism) Shaktas worship Shakti, wherein sexual relations is utilized in order to connect with the god (Dominguez). The doctrine of the Shaktas believe in the power of action that is in doing well to others. The last denomination of Hinduism is called Smarta. Smartas worship five gods. Like the Shaivas, the Smartas value knowledge and meditation. (The Heart of Hinduism) The Gods and Godesses Aside from the gods and the goddesses aforementioned, Hinduism also recognize gods and their mystical powers. For instance, they believe in Indras. Indras is the god of storms who guides warriors in their quest to win over battles. Agni is the god of fire, and Varuna who is in charge over the order and the organization of the world. They also believe that Varuna is a wise god who always seeks the truth through moral views and reasoning. Varuna also knows the wishes, desires, and mysteries of man. (BBC) Sacred Texts Like all other religions, Hinduism also has sacred texts wherein all their beliefs, practices, traditions, and ideologies are written. Examples of these sacred texts include the Vedas, Upanishads, and Puranas. The Vedas is an old sacred text, which includes all songs and hymns, chants and prayers, and traditions and ritual practices. Like the Vedas, the Upanishads is an old sacred text wherein the philosophies of Hinduism are discussed. The Upanishads guides man in his quest to achieve Nirvana and establish a connection with Brahman. These shall be accomplished through continuous prayer and meditation. Lastly, the Puranas contains all information pertaining to the world. It contains the events in the past that led to the creation of the world, and includes its destruction. Other sacred texts, however less popular than the ones mentioned above include The Laws of Manu, The Sacred Laws of the Aryas, The Satapatha Brahmana, etc. (John Bruno Hare) Works Cited BBC. (2008). Religion Retrieved from BBC. March 23, 2008. http://www.bbc.co.uk/religion/religions/hinduism/ BBC. (2008). Early History. Retrieved from BBC. March 23, 2008. http://www.bbc.co.uk/religion/religions/hinduism/history/history_1.shtml BBC. (2008). Other Religious Influences. Retrieved from BBC. March 23, 2008. BBC. (2008). Personalities. Retrieved from BBC. March 23, 2008.

The Contract Holding Theory and Unincorporated Associations.

The Contract Holding Theory and Unincorporated Associations. Free Online Research Papers There is no precise legal definition of an ‘unincorporated association’, but according to Lawton LJ in Conservative Central Office v Burrell , there must be some mutual duties and obligations between the members of the association. The general idea seems to be that an unincorporated association will comprise of a group of individuals who attach themselves as members of the association in order to achieve some particular purpose. Unlike an incorporated company, an unincorporated association possesses no legal personality, it cannot be separate and distinct from its individual members, and so cannot be afforded the same rights and liabilities entitled to an independent person . Consequently, it cannot, generally speaking, hold donated property or assets unless the donation is for it’s purposes. If the purposes of the association are charitable under the provisions in section 14 of the Charities Act 1993 (to be replaced by similar provisions in the Charities Bill 2005), then the gift can be for charitable purposes and will therefore be valid. However, the problem of property holding in unincorporated associations arises where the association is formed for non-charitable purposes, since gifts to these associations must be held on trust, but the trust will be automatically void simply because the association has no legal personality and therefore cannot be a beneficiary under the trust . The idea that a trust must have someone to compel performance of it forms the basis of the beneficiary principle established by Grant MR in Morice v Bishop of Durham . In response, the courts have tried to avoid the effect of the beneficiary principle on non-charitable unincorporated associations in a variety of ways. The initial idea that a gift be interpreted as belonging to the members of the association is virtually redundant in today’s law, since it allows members to spend the assets however they like, and not specifically for the purposes of the association – which is more than likely what the donor intended (as noted in Leahy v Attorney-General for New South Wales ). There appear now to be only two significantly identifiable possibilities in overcoming the property holding problem. Firstly, the courts could construct a gift to an association as a gift for the benefit of the members, to be held on trust (Re Denley approach) , or alternatively, as a gift to the members to be held on the basis of the contractual obligations between them contained in the rules of the association (contract-holding theory ). The ‘Re Denley’ (or trust analysis) approach is really an exception to the beneficiary principle, rather than a direct solution to its consequences on non-charitable unincorporated associations, as it validates what would otherwise be an invalid private purpose trust as in (Re Endacott ). Nonetheless, since it does not infringe the beneficiary principle it can be a workable approach if the objects of the trust are certain . One of the main benefits of this approach is that gifts on trust will no doubt mirror the settlor’s intentions, however, this construction is weakened by its limitation only to inward looking associations – existing solely to promote the members interests. On the other hand, the contract-holding approach goes a step further than the Re Denley approach, in that it is also applicable to outward looking unincorporated associations, which operate to promote some external cause or purpose. This approach was duly followed in Re Recher’s Will Trusts , where Brightman J held that a gift to a non-charitable society could be construed as a gift to benefit the members of the association, subject to their contractual obligations contained in the rules of the association. In addition, the approach ensures that the settlor’s intentions are observed, insofar as it ties a contract over how the money is to be spent by the members. Comparison would, prima facie, suggest that the contract-holding theory is more advantageous as a solution to the property holding problems in unincorporated associations, particularly as the scope of its application is that much wider than the trust analysis approach. However, the contractual analysis approach is not without its flaws either. For one, the whole idea that the members hold trust property on the basis of their contractual obligations is evidently a risky one, since the members will always be free to alter the terms of the contract at a general meeting. Worst still, if this occurred, neither the donor nor his estate could do anything since s/he will not be privy to that contract if s/he is not a member of the association. In addition, following the decision in Re Bucks, the contract-holding approach implies that only existing members of the association can have entitlement to its assets on its dissolution. The resulting effect is that a newly acquired member of the association will acquire entitlement to the assets, even though no formal transfer has ever taken place with the previous member. This seems inappropriate; since it may well be that the settlor never intended this to be the case. Further, in reality, by the very informal nature of their construction, many unincorporated associations exist without contractual agreements between the members, and in such cases the contract-holding theory cannot operate. The need for a contract is also problematic when dealing with testamentary gifts, because, to put it simply, dead people cannot possibly contract. This problematic area within the contract holding theory has not gone without notice in the past, and it was noted by Brightman J in Re Recher’s Will Trusts , who commented in his judgment that: â€Å"†¦It would astonish a layman to be told that there was a difficulty in his giving a legacy to an unincorporated non-charitable society which he had, or could have, supported without trouble during his lifetime.† Application of the contract-holding theory also has its difficulties when deciding how any surplus property or assets should be distributed if an unincorporated association dissolves under a rule in Re William Denby Sons Ltd Sick and Benevolent Fund . In such instances, the courts can choose to hold the property on a resulting trust for the donors ; or give the property to the Crown as bona vacantia . However, these two options were disfavoured in Re Bucks Constabulary Widows’ and Orphans’ Fund Friendly Society (No.2) where the court took a more pragmatic approach, recognising that surplus property could be distributed equally between members. It follows that since the decision in Re Bucks, this is now the preferred method adopted by the courts, thereby supporting the use of the contract-holding theory. In spite, of its numerous imperfections, the courts still tend to favour contractual analysis over trust analysis when dealing with property holding, since cases such as Leahy(above), and Neville Estates(above) insinuate that Re Denley approach rarely works. Whatever the case, even where the contract-holding theory or the Re Denley trust construction can be used as a solution to the property-holding problem, they may still fall victim to the unforgotten ‘rule against perpetuities’ – which will make a potentially valid trust for property in an unincorporated association void if it can potentially last for more than 21 years after the death of the death of the specified objects in the trust . In conclusion, considering the array of problems within the contract-holding theory, it would not, in my opinion, be unfair to assert that it is in need of heavy reform, but in the interim I would agree that in light of the various other methods of construction of a ‘gift’ that the courts have adopted in the past, the contract-holding theory remains the best, and most workable, approach so far. There has been suggested by writers Hayton and Mitchell , that non-charitable purpose trusts held in unincorporated association should have an enforcer who will be able to take charge of the trust. This would undoubtedly solve the problem the contract-holding theory has in satisfying the beneficiary principle with regard to non-contractual members, thereby extending the scope of its application to non-contract situations. However, if there is no contract between the members there would be nothing to bind the appointed enforcer to his duties and obligations, and so, in practice this solution might prove to be wholly unworkable. BIBLIOGRAPHY TEXTBOOKS Watt, Gary. Trusts and Equity. 2nd edn. Oxford University Press Martin, Jill. Hanbury and Martin: Modern Equity. 17th edn. Sweet Maxell Ltd Hayton and Mitchell. Cases and Commentary on Trusts and Equitable Remedies 12th edn. pp.201-6 Ramjohn, Mohammed. Unlocking Trusts (Unlocking Law). 2005 Hodder Education ARTICLES Emery (1982) 98 LQR 551 Warburton. ‘Holding of Property by Unincorporated Associations’ (1985) Conv. 318 WEBSITES Westlaw www.westlaw.co.uk Wikipedia en.wikipedia.org Research Papers on The Contract Holding Theory and Unincorporated Associations.The Relationship Between Delinquency and Drug UseThree Concepts of PsychodynamicInfluences of Socio-Economic Status of Married MalesThe Project Managment Office SystemArguments for Physician-Assisted Suicide (PAS)Twilight of the UAWAppeasement Policy Towards the Outbreak of World War 2Quebec and CanadaPETSTEL analysis of IndiaOpen Architechture a white paper

Prophet Muhammad as a Religious and Political Role Model Essay - 6

Prophet Muhammad as a Religious and Political Role Model - Essay Example From the poor and needy to the rich and prosperous, the lonely and the weak, the students or teachers, the employer and employee, all of them, every person in every field of work or profession, they can all find inspiration in the life of Prophet Muhammad that entail an example for them to follow suit. Being a religious and political role model is a status that is founded on the Holy Quran as well as the Sunnah. Scholars of Islam have looked at this status of the Prophet and have concluded that the most effective manner is to look at the verses of the Sunnah and Holy Quran that demonstrate the Prophet’s status as a whole. It is from this exploration that things such as obeying the Prophet, believing in Him, agreeing with Him and following Him come to focus. From the Holy Quran, there are verses that refer to the Prophet as a role model. One verse, however, literally refers to Muhammad as a religious and political role model, and states thus: "Verily in the messenger of Allah you have a good example for him who looks unto Allah and the Last Day, and remembers Allah much." The original verse had the Arabic word use, which translates to model or example that should be followed and obeyed. Someone who follows another person is bound to imitate them, follow their style as well as attitudes, in the end identifying themselves with that person. According to the Islamic faith, this word meant being a role model and is also an aspect that is considered to be found in people who possess beauty, goodness and righteousness. This verse is a revelation of the significance of the Prophet’s Sunnah in the Muslim’s lives. It is also worth noting that according to the Holy Quran, Prophet Muhammad has a superior character and is one who exemplifies a perfect lifestyle worthy of emulating.