Thursday, August 15, 2019

The Emperor’s Role in Meiji Japan

Japan is a society whose culture is steeped in the traditions and symbols of the past: Mt. Fuji, the tea ceremony, and the sacred objects of nature revered in Shintoism. Two of the most important traditions and symbols in Japan; the Emperor and Confucianism have endured through Shogunates, restorations of imperial rule, and up to present day. The leaders of the Meiji Restoration used these traditions to gain control over Japan and further their goals of modernization. The Meiji leaders used the symbolism of the Emperor to add legitimacy to their government, by claiming that they were ruling under the â€Å"Imperial Will. They also used Confucianism to maintain order and force the Japanese people to passively accept their rule. Japanese rulers historically have used the symbolism of the Imperial Institution to justify their rule. The symbolism of the Japanese Emperor is very powerful and is wrapped up in a mix of religion (Shintoism) and myths. According to Shintoism the current Emperor is the direct descendent of the Sun Goddess who formed the islands of Japan out of the Ocean in ancient times. Footnote1 According to these myths the Japanese Emperor unlike a King is a living descendent of the Gods and even today he is thought of as the High Priest of Shinto. Despite the powerful myths surrounding Japan's imperial institution the Emperor has enjoyed only figure head status from 1176 on. At some points during this time the Emperor was reduced to selling calligraphy on the streets of Kyoto to support the imperial household, but usually the Emperor received money based on the kindness of the Shogunate. Footnote2 But despite this obvious power imbalance even the Tokugawa Shogun was at least symbolically below the Emperor in status and he claimed to rule so he could carry out the Within this historical context the Meiji leaders realized hat they needed to harness the concept of the Imperial Will in order to govern effectively. In the years leading up to 1868 members of the Satsuma and Choshu clans were part of the imperialist opposition. This opposition claimed that the only way that Japan could survive the encroachment of the foreigners was to rally around the Emperor. Footnote4 The Imperialists, claimed that the Tokugawa Shogunate had lost its imperial mandate to carry out the Imperial Will because it had capitulated to Western powers by allowing them to open up Japan to trade. During this time the ideas of the imperialists ained increasing support among Japanese citizens and intellectuals who taught at newly established schools and wrote revisionist history books that claimed that historically the Emperor had been the ruler of Japan. Footnote5 The fact that the Tokugawa's policy of opening up Japan to the western world ran counter to the beliefs of the Emperor and was unpopular with the public made the Tokugawa vulnerable to attack from the imperialists. The imperialists pressed their attack both militarily and from within the Court of Kyoto. The great military regime of Edo which until recently had been all owerful was floundering not because of military weakness, or because the machinery of government had broken but instead because the Japanese public and the Shoguns supporters felt they had lost the The end of the Tokugawa regime shows the power of the symbolism and myths surrounding the imperial institution. The head of the Tokugawa clan died in 1867 and was replaced by the son of a lord who was a champion of Japanese historical studies and who agreed with the imperialists claims about restoring the Emperor. Footnote7 So in 1868 the new shogun handed over all his power to the Emperor in Kyoto. Shortly after handing over power to the Emperor, the Emperor Komeo died and was replaced by his son who became the Meiji Emperor. Footnote8 Because the Meiji Emperor was only 15 all the power of the new restored Emperor fell not in his hands but instead in the hands of his close advisors. These advisers such as Prince Saionji, Prince Konroe, and members of the Satsuma and Choshu clans who had been members of the imperialist movement eventually wound up involving into the Meiji Bureaucracy and Genro of the Meiji Era. Footnote9 Once in control of the government the Meiji Leaders and advisors to the Emperor reversed their policy of hostility to Foreigners. Footnote10 They did this because after Emperor Komeo (who was strongly opposed to contact with the west) died in 1867 the Meiji Emperor's advisors were no longer bound by his Imperial Will. Being anti-western also no longer served the purposes of the Meiji advisors. Originally it was a tool of the imperialist movement that was used to show that the Shogun was not acting out the Imperial Will. Now that the Shogun and Komeo Emperor were dead there was no longer a reason to The choice of the imperial thrown by the imperialists as a point for Japan to rally around could not have been more wise. Although the imperial institution had no real power it had universal appeal to the Japanese public. It was both a mythic and religious idea in their minds. Footnote11 It provided the Japanese in this time of chaos after coming in contact with foreigners a belief in stability (according to Japanese myth the imperial line is a unbroken lineage handed down since time immortal), and it provided a belief in the natural superiority of Japanese culture. Footnote12 The symbolism of the Emperor helped ensure the success of the restorationists because it undercut the legitimacy of the Shogunate's rule, and it trengthened the Meiji rulers who claimed to act for the Emperor. What is a great paradox about the Imperialist's claims to restore the power of the Emperor is that the Meiji rulers did not restore the Emperor to power except symbolically because he was both too young and his advisors to power hungry. Footnote13 By 1869 the relationship between the Emperor and his Meiji bureaucracy and the Emperor and the Tokugawa Shogun before the restoration were very similar. Both the Meiji Bureaucrats and the Shogun ruled under the authority of the Emperor but did not let the Emperor make any decisions. In Japan the Emperor reigned but did not rule. This was useful for the new Meiji bureaucrats, it kept the Emperor a mythic The traditions and symbols of Confucianism and the Imperial Institution were already deeply ingrained in the psyche of the Japanese but the new Meiji rulers through both an education system, and the structure of the Japanese government were able to effectively inculcate these traditions into a new generation of Japanese. The education system the Meiji Oligarchy founded transformed itself into a system that indoctrinated students in the ideas of Confucianism and reverence for the Emperor. Footnote15 After the death of Okubo in 1878; Ito, Okuma, and Iwakura emerged as the three most powerful figures among the young bureaucrats that were running the government in the name of the Meiji Emperor. Iwakura one of the only figures in the ancient nobility to gain prominence among the Meiji oligarchy allied with Ito who feared Okuma's progressive ideas would destroy Japan's culture. Footnote16 Iwakura it is thought was able manipulate the young Emperor to grow concerned about the need to strengthen traditional morals. Thus in 1882 the Emperor issued the Yogaku Koyo, the forerunner of the Imperial Rescript on Education. Footnote17 This document put the emphasis of the Japanese education system on a moral education from 1882 onward. Previous to 1880 the Japanese education system was modeled on that of the French education system. After 1880 the Japanese briefly modeled their education system on the American system. Footnote18 However, starting with the Yogaku Koyo in 1882 and ending with the 1885 reorganization of the department of Education along Prussian lines the American model was abolished. The new education minister Mori Arinori after returning from Europe in 1885 with Ito was convinced that the Japanese education system had to have a spiritual oundation to it. Footnote19 In Prussia Arinori saw that foundation to be Christianity and he decreed that in Japan the Education system was to be based on reverence for the Imperial Institution. A picture of the Emperor was placed in every classroom, children read about the myths surrounding the Emperor in school, and they learned that the Emperor was the head of the giant family of Japan. Footnote20 By the time the Imperial Rescript on Education was decreed by the Emperor in 1889 the Japanese education system had already begun to transform itself into a system that did not teach how to think but instead what o think. The Imperial Rescript on Education in 1889 was according to Japanese scholars such as Hugh Borton , â€Å"the nerve axis of the new order. â€Å"Footnote21 Burton believes that the Imperial Rescript on Education signaled the rise of nationalistic elements in Japan. The Imperial Rescript on Education was the culmination of this whole movement to the right. The Rescript emphasized loyalty and filial piety, respect for the constitution and readiness to serve the government. It also exalted the Emperor as the coeval between heaven The Constitution of 1889 like the changes in the education ystem helped strengthen reverence for the Imperial Institution. The 1889 constitution was really the second document of its kind passed in Japan the first being the Imperial Oath of 1868 in which the Emperor laid out the structure and who was to head the new Meiji government. Footnote23 This Imperial Oath was refereed to as a constitution at the time but it only very vaguely laid out the structure of government. The constitution promulgated by the Emperor in 1889 did much more then lay out the structure of Japanese government it also affirmed that the Emperor was the supreme sovereign over Japan. Footnote24 The signing ceremony itself was an auspicious event on the way to it Mori Arinori one of the moderate leaders of the Meiji government was attacked and killed by a crazed rightist. Footnote25 The ceremony itself evoked both the past and present and was symbolic of the Meiji governments shift toward the right and the governments use of the Emperor as supreme ruler. Before signing the document Emperor Meiji prayed at the palace sanctuary to uphold the name of his imperial ancestors he then signed the constitution which affirmed the sanctity of the Emperor's title (Tenno Taiken), and his ight to make or abrogate any law. Footnote26 The constitution also set up a bicameral legislature. Footnote27 The constitution codified the power of the Emperor and helped the Meiji oligarchy justify their rule because they could point to the constitution and say that they were carrying out the will of the Emperor. The Meiji Emperor even after the Constitution of 1889 enjoyed little real power. The Meiji Emperor did not even come to cabinet meetings because his advisors told him if the cabinet made a decision that was different then the one he wanted then that would create dissension and would destroy the idea of the Imperial Institution. So even after the Meiji Constitution the Emperor was still predominantly a symbol. Footnote28 The Constitution ingrained in Japanese society the idea that the government was being run by higher forces who new better then the Japanese people, it also broadened the base of support of the Meiji Rulers who now had a document too prove they were acting on Imperial Will and their decisions were imperial decisions not those of mere mortals. Footnote29 The symbolism of the Emperor and use of Confucianism allowed the Meiji rulers to achieve their goals. One of their goals was the bolishment of the system of fiefs and return of all land to the Emperor. At first the new Meiji Rulers allied themselves with the Daimyo clans in opposition to the Tokugawa Shogun. But once the Meiji leaders had gained a control they saw that they would need to abolish the fief system and concentrate power in the hands of a central government. The Meiji rulers achieved their goals by having the Choshu, Satsuma, Tosa, and Hizen clans give up their lands, granting the Daimyos large pensions if they gave up their clans, and by having the Emperor issue two decrees in July 1869, and August 1871. Footnote30 The role and symbolism of the Emperor although not the sole factor in influencing the Daimyo to give up their fiefs, was vital. The Meiji Oligarchs said that not turning in the fiefs to the Emperor would be disloyal and pointed to the historical record which Meiji scholars claimed showed that historically all fiefs were the property of the Emperor. Footnote31 They showed this by claiming that the Shogun would switch the rulers of fiefs and this proved that the Daimyos did not control the title to their land but merely held it for the Emperor. Imperial decrees and slogans of loyalty to the Emperor also ccompanied the abolishment of the Samurai system. Footnote32 In the abolishment of both these feudal systems the symbolism of the Emperor as both the director of the initiative and recipient of the authority afterwards played a vital role in ensuring there success. Footnote33 The abolishment of fiefs and the samurai class were essential for the stability and industrialization of Japan. Footnote34 Without the concentration of land and power in the hands of the Meiji oligarchs and the Emperor the Meiji oligarchs feared they would receive opposition from powerful Daimyos and never gain control and uthority over all of Japan. Historical examples bear out the fears of the Meiji Oligarchy; in 1467 the Ashikaga Shogun failed to control many of the fiefs and because of this a civil war raged in Japan. Footnote35 The centralization of power allowed the Meiji government to have taxing authority over all of Japan and pursue national projects. Footnote36 The unity of Japan also allowed the Meiji Oligarchs to focus on national and not local issues. The use of Confucianism and the Emperor also brought a degree of stability to Japan during the tumultuous Meiji years. The Emperor's ere presence on a train or in western clothes were enough to convince the public of the safety or goodness of the Meiji oligarchy's industrial policy. In one famous instance the Japanese Emperor appeared in a train car and after that riding trains became a common place activity in Japan. The behavior of the Imperial family was also critical to adoption of western cultural practices. Before 1873 most Japanese women of a high social position would shave their eyebrows and blacken their teeth to appear beautiful. But on March 3rd 1873 the Empress appeared in public wearing her own eyebrows and with unblackened teeth. Following that day most women in Tokyo and around Japan stopped shaving their eyebrows and blackening their teeth. Footnote37 The Imperial institution provided both a key tool to change Japanese culture and feelings about industrialization and it provided stability to Japan which was critical to allowing industrialists to invest in factories and increase exports and The symbols and the traditions the Meiji leaders inculcated Japanese society with helped the Meiji government maintain stability and pursue its economic policies but it also had severe limitations that limited the revolutionary scope of the Japanese government and elped bring about the downfall of the Meiji era. The use of Confucianism and the Emperor to bolster the Imperial restoration laid the foundation for a paradox of state affairs. The system that sought to strengthen Japan through the use of modern technology and modern organization methods was using traditional values to further its goals. Footnote39 This caused some to turn toward the west for the â€Å"enlightenment† the Meiji era promised this was the case with Okuma who was eventually forced out of the increasing nationalist Genro. Footnote40 For others it lead them to severe nationalism rejecting all that was western. This was such the case of Saigo who believed till his death on his own sword that the Meiji leaders were hypocritical and were violating the Imperial Will by negotiating and trading with the west. Footnote41 The Meiji government used the same symbols and traditions that the Tokugawa used and like the Tokugawa gave the Emperor no decision making power. The Meiji Emperor although he had supreme power as accorded in the constitution never actually made decisions but was instead a pawn of the Meiji Genro who claimed to carry out his Imperial Will. This Imperial Will they decided for themselves. Like the Shogunate the Meiji governments claim to rule for the Emperor was fraught with problems. The Imperial Will was a fluid idea that could be adopted by different parties under changing circumstances. And just like the Meiji rulers were able to topple the Shogun by claiming successfully that they were the true administrators of the Imperial Will; the militarist elements in the 1930's were able to topple the democratic elements of Japan partially by claiming the mantle of ruling for the Emperor. Footnote42 From this perspective the Meiji Oligarchs building up of the Imperial Myth was a fatal flaw in he government. The constitution which says in article I, â€Å"The empire of Japan shall be governed over by a line of Emperors unbroken for ages eternal† gave to whoever was acting on the Imperial Will absolute The symbols of the Emperor and the tradition of Confucianism did not end with the end of the Meiji era or world war two. Today the idea of filial piety is still strong, multiple generations of a family still usually live together even in cramped Japanese housing. The religion of Shinto that the Meiji leaders rejuvenated during their rule in order to help foster the imperial cult is still thriving as he thousands of Tori gates and Shrines around Japan attest. Footnote44 But the most striking symbol to survive is that of the Emperor stripped after world war two of all power the Emperor of Japan is still revered. During the illness of Emperor Showa in 1989 every national newspaper and television show was full of reports related to the Emperor's health. During the six months the Showa Emperor was sick before he died all parades and public events were canceled in respect for the Emperor. Outside the gates of the Imperial palace in Tokyo long tables were set up where people lined up to sign cards to wish he Emperor a speedy recovery. The news media even kept the type of illness the emperor had a secret in deference to the Emperor. At his death after months of illness it was as if the Imperial Cult of the Meiji era had returned. Everything in Japan closed down , private television stations went as far as to not air any commercials on the day of his death. And now almost six years after his death more then four hundred and fifty thousand people trek annually to the isolated grave site of Emperor Showa. Footnote45 The traditions and symbolism of Confucianism and the Emperor ere critical to the Meiji oligarchs gaining control of power and goals of industrialization. The oligarchy inculcated the Japanese public with these traditional values through an education system that stressed moral learning, and through a constitution that established the law of Japan to be that of the Imperial Will. The values of Confucianism and symbol of the Emperor allowed the Meiji government to peaceful gain control of Japan by appealing to history and the restoration of the Emperor. But the Meiji oligarchs never restored the Emperor to a position of real political power. Instead he was used as tool by the oligarchs to achieve their modernization plans in Japan such as the abolishment of fiefs, the end of the samurai, the propagation of new cultural practices, and pubic acceptance of the Meiji oligarchs industrialization policies. The symbols and traditions of Japan's past are an enduring legacy that have manifested themselves in the Meiji Restoration and today in Japans continued reverence for Hidejiro Nagata, A Simplified Treatise on The Imperial House of Japan Takatsu Kuwasaburo, The History of The Empire of Japan (Tokyo: Dai Nippon Tosho Kabushiki Kwaisha, 1893) 206.

Wednesday, August 14, 2019

Beliefs in the sanctity of life Essay

Explain how beliefs in sanctity of life may influence ethical approaches to abortion This issue involves the principles associated with abortion and involves the consideration of the act of killing and the ethical questions that this raises. The belief that life is in some way sacred or holy is widely supported throughout several different cultures and religions, and is traditionally understood as being given by God. Believers in the Sanctity of Life take a deontological position in which love and compassion for all human life has a significant role in their everyday lives. The sanctity of life argument is often put forward from a Christian viewpoint, and is also supported in the Roman Catholic Church. The Church of England also combines opposition to abortion with recognition that there can be â€Å"strictly limited† conditions in which it is morally acceptable to carry out an abortion. Members of this Church share the Roman Catholic view that abortion is â€Å"gravely contr ary to the moral law†, suggesting that life is precious and reinforcing their belief in the sanctity of life. The Church says that human life begins when the woman’s egg is fertilised by a male sperm. From that moment a unique life begins, independent of the life of the mother and father. The features that distinguish us from our parents – the colour of our eyes, the shape of our face – are all laid down in the genetic code that comes into existence then. Each new life that begins at this point is not a potential human being but a human being with potential, therefore abortion is wrong, because life is precious and created in God’s image. Kant gives the idea of the sanctity of life a non-religious perspective based on ethical grounds. He considers each human life sacred, and said that everyone has potential to have a good life, therefore against abortion as he believes life starts from conception. Abortion cannot be justified in Kantian ethics if it simply concerns itself because the foetus has intrinsic value based upon the principle of the sanctity of life. However Singer argues from both sides, and says â€Å"To kill a human adult is murder, and is unhesitatingly and universally condemned. Yet there is no obvious sharp line which marks the zygote from the adult. Hence the problem.† By recognising the problem of abortion and when a foetus becomes a person, in which killing it is punishable, Singer considers the social moral grounds of killing and the ethical questions it raises. Therefore by not coming to a full conclusion, we see that not all people have an absolute view on the sanctity  of life in relation to abortion. Some relativists say that they are neither pro-life nor pro-choice, and it depends entirely on the circumstance. For example, if giving birth to a baby would put the mother’s life at risk, then an abortion would be acceptable because it could be argued that a foetus is not a person and that the sanctity of the mother’s life is greater than the foetus’, meaning that they may interpret the terms ‘life’ and ‘unborn’ differently. Whilst looking at these two interpretations, the sanctity of different stages of life are brought into consideration.

Tuesday, August 13, 2019

Issues of poverty in U.S Essay Example | Topics and Well Written Essays - 250 words

Issues of poverty in U.S - Essay Example In the year 2003, the rate stood at 63 percent from a previous 42 percent in the mid 1990s.Research by OECD indicates that with the formation of the coalition government, the GDP growth rose to 7.8 percent in 2011 as a result of the economic recovery in the country. Uganda has seen a lot of improvements with the poverty rates declining to 31.1% in 2006 as compared to 56% in the early 1990s. World Bank (2011) indicates that the country is likely to attain the millennium goals set by the year 2015. As compared to U.S.A. the poverty levels in India have decreased. This is according to World Bank (2011) who indicates that in India, through the process of poverty reduction has been slow; the government is doing its level best to hasten the pace of poverty reduction. This work also emphasizes that the reduction of poverty in India has improved as contrasted to the earlier periods. Even though the country is rated as one of the poorest in the globe, poverty cutback is an explanation of the fact that the proviso of services will get better, ranging from health services to

Monday, August 12, 2019

Total Quality Management and Operational Management Control Assignment

Total Quality Management and Operational Management Control - Assignment Example Although a generalization is made based on the evidence gathered but if, even a single logic is proved wrong the whole generalization is considered inappropriate. These generalizations are made only if after the data is organized. Our research methodology is based on this strategy and the answers to the questions are generalized to make conclusions about the company strategy. Questionnaires reduce bias. There is uniform question presentation and no middle-man bias. The researcher's own opinions will not influence the respondent to answer questions in a certain manner. There are no verbal or visual clues to influence the respondent. Questionnaires are less intrusive than telephone or face-to-face surveys. When a respondent receives a questionnaire in the mail, he is free to complete the questionnaire on his own time-table. Unlike other research methods, the respondent is not interrupted by the research instrument The questionnaires give more objectives and standardised responses than the interviews as a particular defined pattern is specified. Questionnaires are the quickest way to collect information, however they take a relatively long time not only to design but also to apply and analyse. The main advantage of questionnaire over other research techniques is that more information can be collected in short span of time from a large portion of a group. Although returns from questionnaires are usually low but these return rates can be dramatically improved if the questionnaire is delivered to specific targeted groups and is responded in time. The questions in the questionnaires can be of two types: open ended and close ended. Open ended questions are targeted to get obscure information from a person and the analysis on the questionnaire is done on the basis of the answer of the questionnaire. Whereas closed ended questions are targeted questions in which particular information is asked by the person and a pre analysed answer sheet is usually maintained, based upon which results are formulated. Advantages of Closed-Ended Questions These questions are quick to answer as they are targeted to specifics of the subject. Usually such questions are multiple choice questions which require only the selection of right answer. Close Ended questions are easy to code as the questionnaire mainly consist of multiple choice questions. The answers can be analysed quickly on the basis of a prepared Performa. The answers are not differentiated between articulate and inarticulate respondents (Hendricks, K. B., and V. R. Singhal. 1997). Disadvantages of Closed-Ended Questions Close Ended questions also have some disadvantages. Few can draw misleading

Sunday, August 11, 2019

Source Integration Task Essay Example | Topics and Well Written Essays - 1000 words

Source Integration Task - Essay Example This has also been maintained that it compels high schools to reduce the range of subjects they teach which is also shown as a significant limitation of the current entrance exam system. Further, university entrance exams of the day cause unreasonable stress on young people. To sum all these arguments up, the university entrance exams should be abolished because they reduce education to the simple memorizing of information, force high schools to reduce the range of subjects they teach, and cause unreasonable stress on young people. University entrance exams also result in limiting the content that high schools teach to their students. Significantly, one of the most essential defects of the current entrance exam system has been that the high schools are forced to reduce the range of subjects they teach as they need more to focus on the university entrance exam syllabus. It is natural for every high school to expect its students to enter the best schools for their further studies. In the attempt to help the students pass the entrance exams and secure admission in the best schools, the high schools are forced to concentrate on the topics of these exams and ultimately sacrifice broad range of subjects. That is to say, these high schools are forced to dedicate the depth of learning to focus on exam content only in order to secure pass in the entrance exams. However, it cannot be ignored that such an educational practice contributes too little for the overall development of the students. On the other hand, such narr ow-based education limits the benefits of education and it does more harm than good. It is indubitable that a system of broad-based education is needed by young learner’s intellectual development and it is important to provide such a curriculum to the overall development of the students. Therefore, it is important to realize the current

Law Essay Example | Topics and Well Written Essays - 1500 words - 1

Law - Essay Example 68). There are some cases where a party includes an exclusion clause that states that they are exempted from all liability if things do not go as expected, which is under scrutiny because many people have argued that it only works to protect one party (Bradgate and White, 2007, p. 64). There have also been arguments relating to cases where an exclusion clause should be deemed unfair as per UCTA-Unfair Contract Terms Act 1977. The court of appeal in April 15 2008 overruled a high court decision in the case of Regus Ltd v Epcot Solutions Ltd that had suppliers raise their concerns due to an exclusion clause. In this case, the court of appeal came up with factors that should be put into consideration while deciding whether an exclusion clause is valid or not (Hayward, 2011, p. 43). The case facts were that a supplier company Regus relied on an exclusion clause that stated that Regus would be exempted from liabilities that would occur under any circumstances. In addition, another clause limited Regus’ liability to ?50,000 for any other types of damages. Epcot were Regus’ customers and they complained about air conditioning in their offices. Regus did not act and, therefore, Epcot stopped paying for the charges of their services as per the contract. Thus, Regus sued Epcot for the amount that was due, while Epcot on their part argued that when Regus failed to provide air conditioning, it resulted to a breach of contract. They counterclaimed for damages that had resulted from Regus actions for causing low profits, low opportunities for their business, inconvenience and distress because of not having air conditioning. In order for Regus to win, the case held the responsibility of proving that their exclusion clause was enforceable and fair as per Unfair Contract Terms act 1977. The high court judges ruled that even though it may seem theoretically reasonable for Regus to exempt themselves from liability for profit loss, the clause in this case was too wid e to be enforceable. The clause did not leave Epcot with any remedy for the service of air conditioning and was, therefore, invalid and unenforceable. Regus appealed arguing that the high court judges were wrong in saying that the exemption clause was unreasonable as per unfair contract terms act of 1977. The court of appeal decided in favour of the defendants, thereby reversing the high court’s decision (Andrews, 2011, p. 76). The UCTA plays the role of protecting parties that are contracting from contractual provisions that are onerous like limitation and exclusion clauses. UCTA states limits to which liability for breach of contract and other types of breach of duty can be avoided through an exemption clause. When an exclusion clause fails to meet the restrictions that are stated in UCTA, it is held to be invalid and, therefore, unenforceable. Such a clause is held to be unreasonable and unfair to the other contracting party. Section 3 of UCTA is, in particular, vital whil e dealing with business contracts especially where a supplier is involved (Gillies, 2004, p. 93). This section states that a clause that is deemed to exclude liability of a supplier for breaching a contract can only be enforceable if it passes the test of reasonability. Reasonable test is described in section 11 (1) of UCTA as circumstances that are reasonable and that are known or are to be known by the contracting parties. UCTA schedule 2 has a list of factors that are to be used in assessing reasonability, which are normally

Saturday, August 10, 2019

Safety in high rise buildings role of a project manager Essay

Safety in high rise buildings role of a project manager - Essay Example Fay (2007), Craighead (2008) and Adler (1993) generally define high-rise buildings as structures that extend higher than the maximum reach of available fire-fighting equipment. More specifically, these are the structures whose heights fall between 75 feet (23 meters) and 100 feet (30 meters) or approximately seven to ten stories, depending on the height between the floors (Fay, 2007). Security, on the other hand, coming from the Latin word securus, means freedom from danger or risk (Fay, 2007). This term has become relatively synonymous with safety, which also connotes one’s freedom from danger (Fay, 2007). Having recognized these terms then, the researcher then discusses the common problems being experienced by workers who participate in the construction of high rise buildings that often pose threats to their safety and security. The issue with regard to the safety and security of workers in high rise building construction sites has often been a subject of many researches. In fact, the construction industry has been considered to be one of the most dangerous sectors due to the number of accidents being experienced by the workers while they are working on their projects, most especially, the high rise buildings (Rowlinson 2004). The industry, because of the abovementioned has then also produced the worst safety record all over the world. One of the most common problems experienced by workers in the construction of high rise buildings that threaten their safety and security has something to do with the climate. Apparently, the current temperature in the area where a certain worker is employed tends to affect the building materials, especially those that is being handled or walked on (Oliver, 2005). It is then for this reason that Oliver (2005) deems it important that a worker or most importantly, the climate manager, be informed of the