Teenage Identity Formation in Homosexuals Research Paper

Teenage Identity Formation in Homosexuals - Research Paper Example In self-identity theory this is a process known as â€Å"self-categorization† and in identity theory the process is referred to as â€Å"identification† (Stets & Burke, 2000, p. 224). Sexual orientation is among the factors that come into play in the process of forming an identity. This essay takes the position that homosexual identity in teens is a life-time development process that is intricately tied to personal identity. In particular, gay teens in Western countries are predisposed to experience conflicts and a great deal of stress as a result of overwhelming homophobic cultural influences (Vare & Norton, 1998). Essentially, it is argued that the formation of identity in homosexual teens is fraught by a prevailing culture that discriminates against sexual orientation that is inconsistent with what the dominant culture views as â€Å"normal† (Vare & Norton, 1998, p. 327). The Western media has played a significant role in the perpetuation of homosexual identity by portraying stereotypical homosexual males (Sutton, 2007). These stereotypical gay males are essentially cast by the media in fashion and primarily the creative arts. This portrayal of homosexuals creates the impression that gay men are creative and denies consideration of the possibility that gays may be from among the lower and higher sectors of the community (Sutton, 2007). The media’s role in the formation of homosexual identity is thus one of ascription which invariably influences how the teen homosexual adopts to and achieves his or her personal identity as a homosexual. Thus this paper is formulated around three research questions: 1. How does being homosexual or gal effect teenager’s identity formation? 2. Does the media glorify being a homosexual/gay? 3. Does the media help with being accepting? This paper is divided into three main parts. The first part of this paper analyzes theoretical perspectives on personal identity in teens and thus explores the environmental and personal factors that influence personal identity along the path of ascription, achievement and adoption. The second part of this paper analyzes more directly, how personal identity is formed among homosexual teens and thus identifies the factors influencing ascription, achievement and adoption of homosexual identity. The third part of this paper analyzes the role that the media plays in identity formation in homosexual teens. Personal Identity Formation in Teens Neff and McGehee (2010) inform that self-identity is a major exercise for teens. During adolescence, the teen is typically experiencing a number of emotional difficulties associated with issues related to evaluating and perceiving the self. The teen also goes through a process of comparing the self with social realities and attempting to find a self-identity and determining where the teem fits into the â€Å"social hiera rchy† (Neff & McGehee, 2010, p. 225). According to Neff and McGehee (2010), invariably, the teen’s self-evaluation and comparisons end up with a negative self-analysis as the teen is typically confronting a number of stressors such as concerns over: academic performance, the need to be popular and ‘fit in’ with the right peer crowd, body image, concerns with sexual attractiveness, and so on†¦(p. 225). However, Erikson’s (1968 cited in Sokol, 2009) theory of identity development, while it speaks to this process as one of crisis, it encompasses more broadly a journey to achievement and thus encompassing ascribing and adopting. Thus according to Erikson (1968cited in Sokol, 2009), the word crisis in terms of identity formation is â€Å"not a threat of catastrophe,† rather it is a â€Å"turning point, a crucial period of increased vulnerability and heightened potential†

Create a Popular Culture Artifact Assignment Example | Topics and Well Written Essays - 1250 words

Create a Popular Culture Artifact - Assignment Example I would like to incorporate some popular culture elements in my website. As I said, I would include the shopping option using virtual shelves and windows displaying costumes that the e-consumer would like to buy after going through the catalogue and put into his shopping cart. He would be able to pay online using his credit card or any payment website like AlertPay or Pay Pal. Second, I would like to include the option of chat. The consumers will be able to have an online chat with the designers and other fashion-savvy consumers. I will also include blogs from the visitors of the website along with news about the upcoming events in the fashion industry. The website will have animations and colorful layout. I would also add the option of joining a favorite designers’ group at facebook by providing a link to the facebook page where the e-consumers would be able to join that group, become a fan of a specific designer, comment on his designed accessories, and view his collection. The visitors will be able to contact a designer through my website and place orders by explaining what type of costumes or accessories they want. I will include videos and podcasts about the fashion shows and events happening in the fashion industry. People will be able to download these videos and podcasts onto their media players. I will also give space to fashion advertisements and sponsors that will help people further explore the fashion world. I will be using Frontpage for basic programming along with EZGenerator website building software to make the best use of website templates that would help me incorporate all the popular culture elements I have mentioned above. I would take help from softwares like CoffeeCup, Ewisoft Website Builder, EasyWebEditor and Adobe Dreamweaver to make my website attractive and interesting to visit. I would like to incorporate beautifully created and colorful website icons in my

Unethical Marketing Research Practices

Unethical Marketing Research Practices Practices in relation to proposals constitute a breach of professionalism, courtesy and ethics, research managers should understand that, Examples of common faults: Added consulting services prior to winning the assignment, expecting the research company to provide value Developing research instruments and special exercises and providing customized local market information. These may include project design, However, it is wrong to make this an expectation., the research company may wish to supply some of these services to place themselves in a better competitive position; In order to place the second in a better competitive position, disclosing details of one Research Companys proposal to another Company information and pricing structure the research companys approach should be treated as proprietary and confidential. Research managers should not use another company as a lever or check on a regular supplier, seeking comparison bids without charge Evaluating Research The process of vendor selection can sometimes become derailed by individual egos and political dynamics which are harmful to successful study execution and should be avoided, the research manager typically must review them with senior research, brand and marketing management. The consultants personal qualities including their level of enthusiasm, poise and professionalism as well as the skills and professional capabilities offered by the research company, primary criteria that should be applied in the selection process are the fit between the projects substantive requirements and the research manager should be certain that the proposals offered are equivalent in all respects, particularly in terms of specifications and possible hidden costs not apparent in the quotation Unethical Practices in Marketing RESEARCH SUPPLIERS Low-ball pricing Underpaying field services Lack of objectivity Abuse of respondents Selling unnecessary research Violating client confidentiality Research Clients Issuing bid requests when a supplier has been predetermined Obtaining free advice and methodology via bid requests Making false promises Unauthorized requests for proposals Field Services Law-ball Pricing What Is Low Balling the Price When Buying Car? Car dealers are often stereotyped as tricky and dishonest, and the car buying experience is viewed as an adversarial contest between the customer and salesperson. While its not always that way, there are some dishonest dealerships and salespeople who will use unethical practices to sell their cars. One of these practices is known as lowball. Not every dealer will use it, but you should be aware of it in case someone tries it. If they do, you should know how to handle it. Lowball the price of a car means offering to sell it at an unrealistically low price. For example, a car dealer might offer you a vehicle for $27,000 even though it normally sells for a minimum of $30,000. Unfortunately, the dealer has no intention of actually selling the car at that price. Its an underhanded tactic to get you through the door. There are two purposes for giving you a lowball offer. If you are shopping around, Roosevelt Gist of Auto Network says a salesperson will give a lowball price to ensure that you will come back. He knows that no other dealer will be able to meet the offer, so he wants to guarantee your return. He wont give you anything in writing, and when you return he wont honor the price. Youll get an excuse like you misunderstood or the sales manager wouldnt approve it or the car has been sold. Instead, youll find yourself back in negotiations. The second purpose is to get you into the dealership if you have not been there yet. If you are shopping via email or over the phone, the dealer may call you with a price that sounds too good to be true. When you arrive, he wont honor the price. It may seem that lowball would turn off buyers, but some dealers get good results with this tactic. If youre shopping over the phone or via email and he can get you through the door, he hopes that you wont want to be bothered shopping around at other dealers. If he can get you to do a test drive and engage you in negotiations, he hopes to make a sale. If youre already at the dealership after shopping around, he is counting on the fact that you are tired and will give in to the higher price. The best reaction when you have been lowballs to simply walk out the door. Once you see the dealer has no intention of honoring the price, youll also see that he is not above using dishonest tactics. Its better to spending more time shopping around than to deal with an unethical business. You can prevent lowball by asking the salesperson to put his offer in writing if it sounds unusually low. If he makes the offer over the phone, ask him to send you an email or fax you a written confirmation before you visit the dealership. If he refuses to do this, dont bother going to the dealership. Youve probably gotten a lowball offer that will not be honored when you arrive. Lake of Objectivity How to Avoid Unethical Behaviors and Dirty Tricks of Realtors Since the commissions of the Real Estate Agent are being paid by the seller of the house a buyer cannot relay on his objectivity or impartial conduct, like in many professions and occupations there are honest and ethical people and there are some who arent exactly as since without a buyer there is no deal, the seller can expect the agent to exert pressure to lower the selling price. Therefore he would do anything in his power to make the buyer pay more than he wanted and on the other hand (the good hand :-), push the seller to settle for less than he hoped to be paid for his property. In short, the agents main interest is to make sure that there would be a sale, so he would be able to get his commission , what we would concentrate here though, is the unethical dirty tricks and manipulations some of the Real Estate agents are using in order to achieve it. In general it make sense to bring both sides to agree on realistic price that can cut a deal Misconduct of Agents to Seller The sellers are the biggest losers from the real estate agents tricks Home owners are often duped into paying money to agents before their homes are sold. If their home does not sell, or it sells for less than the consumer was led to believe, this money, which often amounts to thousands of dollars, is lost. Purpose of advertising is NOT to sell homes, but to raise the profile of agents; this is at the direct expense of home sellers. Home sellers are being convinced by a rational that the price goes up at auctions but the reason the price goes up at auction is because it starts at a very low price. The truth is that auctions get lower prices more often than they get higher prices. Among agents, an auction is considered the fastest and best conditioning method. Home Owners lose millions through having their homes undersold at auctions.. It is a common deceit. At other times, home sellers are given totally fictitious offers in order to convince them to lower prices, many agents submit offers to sellers which are lower than the offer actually made by the buyers. This reckless disregard for the personal safety of home-owners is a serious ethical concern. Open Inspections, Almost anyone can walk through a family home without identification. Agents will say that there has been lots of activity and, if no one has bought, the price must be lowered. But agents do not say that the people who looked were not qualified Also, the more lookers who can be attracted to an open inspection the easier it is to persuade the owner to reduce the price. Abuse of Respondents Often, an association and its members will have already heard rumors or seen patterns of wrongdoing before a crisis becomes public. By choosing to do nothing then-or even after a scandal breaks-associations have failed their professions and industries. Leadership and quick action to shore up public trust is needed. I am convinced that many associations have failed their professions and industries in times of scandal and crisis. But what should an association do when one or more of its members is waist-deep in a public scandal? Here are a few suggestions: Condemn the sin, not the sinner. Public confidence in a profession or industry demands that the profession always be ready to draw clear lines between acceptable and unacceptable behavior. It is possible to make a strong and timely statement on the ethics of a specific behavior without judging whether the particular behavior has occurred in this case or whether a specific executive is guilty. The first response of an association must be to label the unethical behavior for what it is Ask the accused to step aside. It should be an unwritten law of associations and professional societies that accused individuals step aside temporarily until charges are resolved. The credibility of any association depends on the integrity of its leaders. This does not admit guilt, but simply respects the special role of the association. Pull the trigger if guilt is established. If the guilt of an individual or member firm is established, then the association must act to force the resignation or withdraw the membership of the guilty. Cases where guilt is never proven, but the stench of scandal is strong, present harder choices. Associations must be in the business of building public trust. Quiet action to force the resignation of an association board member may be called for. If an association today does not have a process for throwing out a member, it had better create one. Define and advocate best ethical practices, not just minimum behaviors. Association codes designed to define and advocate exemplary rather than minimal behaviors. In todays ethical climate, restoring trust will require a focus on best practices and exemplary behavior If only the lower boundary is established, those inclined to wrongdoing will always be probing how low is low, most association and industry codes of ethical conduct are least common denominators, a list of provisions that virtually every member can agree to because the standards are so low Keep your ethics current with the changing nature of your profession or industry. Ethical norms codified by the firms and their associations in the past addressed problems of a simpler time. Only through visionary action and timely debate on new ethical issues facing the profession or industry will public credibility and trust be sustained The ethical failures in the accounting, financial services, health care, and telecommunications industries can in part be attributed to the rapidly changing structure and altered characteristics of those industries Selling unnecessary Research Admittedly, people assume different approaches to managing their visibility. On the contrary, years of BSRP research finds that in our culture, if you want to get paid what youre worth, its essential. Doing whatever you can to direct attention to the competencies you have, and contributions you make, is not inherently wrong or evil. Some are narcissistic and vain but not necessarily unethical. However, there are some people who plainly do not subscribe to conventional rule of conduct. To them, for example, the rhetoric of principles, values and integrity only serves as an additional device which can be used to scam others. Their unrestrained behavior taints ethical self-projection for everyone. They may be tedious and boring, but they are not necessarily unethical. The result is a catalog of twenty-two behavioral tools unethical self-promoters tend to use. How many have you experienced? Well intended people are content to practice appropriate self-presentation, when they can, moderated by a sense of honor, respect for the truth and prudent regard for the feelings of others For 30 years we have been observing those devices in use, especially as they are used by salespeople, managers, executives, ex-clergy, consultants, psychologists, and others. Violating Client Confidentiality Temptation grows stronger when were tired, afraid, under pressure, or in conflict all of us face the human temptation to duck important ethical responsibilities. By making what we know or suspect is unethical seem perfectly ethical. Common cognitive strategies can fool us They can spin the most questionable behaviors into ethical ideals. The most common ethical fallacies rely on twisted judgment, appealing fallacies, and juggled language. To restate a major theme of this book: We believe that the overwhelming majority of psychologists are conscientious, caring individuals, committed to ethical behavior. We also believe that all of us are fallible, no one is perfect in all areas at all times, and we all share vulnerabilities at one time or another to at least a few of these ethical justifications. What sorts of cognitive maneuvers can transform unethical behavior into the ethical ideal? Many of the justifications below appeared in previous editions of this book, and some were added when the list appeared in Here are a few. We encourage readers to expand the list. Unethical not as long as a managed care administrator or insurance case reviewer required or suggested it. Unethical not what sorts of cognitive maneuvers can transform unethical behavior into the ethical ideal? if the American Psychological Association or similar organization allows it. Unethical not if an ethics code never mentions the concept, term, or act Unethical not as long as any law was broken. If someone discovers that our c.v. is full of degrees we never earned, positions we never held, and awards we never received, all we need do is non defensively acknowledge that mistakes were made and its time to move on Its not unethical as long as we can name others who do the same thing. unethical not if we can use the passive voice and look ahead. Its not unethical as long as we didnt mean to hurt anyone. unethical not even if our acts have caused harm as long as the person we harmed had it coming, provoked us, deserved it, was really asking for it, or practically forced us to do it or, failing that, has not behaved perfectly, is in some way unlikable, or is acting unreasonably. without any doubt whatsoever that exactly what we did was the necessary and sufficient proximate cause of harm to the client and that the client would otherwise be free of all physical and psychological problems. Its not unethical as long as there is no body of universally accepted, methodologically perfect (i.e., without any flaws, weaknesses, or limitations) studies showing -, difficulties, or challenges. Its not unethical if we could not (or did not) anticipate the unintended consequences of our acts. For example, it may seem as if a therapist who has submitted hundreds of thousands of dollars worth of bogus insurance claims for patients he never saw might have behaved unethically. Its not unethical if we acknowledge the importance of judgment, consistency, and context. : It was simply an error in judgment, completely inconsistent with the high ethics manifest in every other part of the persons life, and insignificant in the context of the unbelievable good that this person does. However, as attorneys and others representing such professionals often point out Use of professional Respondents Unethical Behavior Its Impact on Todays Workplace Such unethical behaviors include a wide variety of different activities. Among the most common unethical business behaviors of employees are making long-distance calls on business lines, duplicating software for use at home, falsifying the number of hours worked, or much more serious and illegal practices, such as embezzling money from the business, or falsifying business records. Though there is sometimes a difference between behaviors that are unethical and activities that are actually illegal, it is up to the business itself to decide how it deals with unethical behavior legal or not. It is a sad truth that the employees of just about every business, in every business, will occasionally encounter team members who are taking part in unethical behaviors. After all, unethical behavior that is not illegal frequently falls in a grey area between right and wrong that make it difficult to decide what to do when it is encountered. Many employees find that discovering unethical behavior among co-workers actually tests their own values and ethical behaviors. For example, some people feel that it is alright to tell a little white lie, or to make one long distance call on the companys nickel, as long as they can justify it in their mind. Furthermore, different people have different views regarding what is ethical and what is unethical. Employee needs to consider how s/he feels about that particular activity, as well as informing about that activity, or turning a blind eye. When employees discover other employees doing something that they know is wrong by the companys standards, their own sense of what is right and what is wrong instantly comes into question The first step is to create a company policy, in writing, that is read and signed by each employee. This erases most feelings of ambiguity when it comes to deciding what to do after witnessing an unethical behavior Should the employee speak to the individual directly, or should the employee head directly to a company supervisor? Even by deciding to do something about it, the employee who has discovered the unethical behavior is presented with a number of difficult choices. To make this decision a bit easier, many companies have adopted several techniques that allow for the management of unethical activities. With clear instructions, there will be less hesitation in reporting unethical activities, and then they can be dealt with quickly and relatively easily, before they develop into overwhelming issues the second is to give a clear outline of what is expected of the person who has discovered the unethical behavior. It should include the person who should be contacted, and how to go about doing it. Furthermore, the repercussions of unethical behaviors should be clearly stated. both the person doing the activity, and the witness to the activity will be well aware of the way that things will be dealt with, and there wont be any risk of someone not reporting unethical behavior because theyre afraid that the culprit will be unfairly treated. Communication is key in the proper management of unethical behavior in todays workplace. RESOURCES Hagan, F. (2000). Research Methods in Criminal Justice and Criminology. Boston: Allyn Bacon. Lasley, J. (1999). Essentials of Criminal Justice and Criminological Research. NJ: Prentice Hall Neuman, L. B. Wiegand. (2000). Criminal Justice Research Methods. Boston: Allyn Bacon. Reynolds, P. (1982). Ethics and Social Science Research. Englewood Cliffs, NJ: Prentice Hall. Senese, J. (1997). Applied Research Methods in Criminal Justice. Chicago: Nelson Hall. Not an official webpage of APSU, copyright restrictions apply, see Megalinks in Criminal Justice OConnor, T. (Date of Last Update at bottom of page). In Part of web cited (Windows name for file at top of browser), MegaLinks in Criminal Justice. Retrieved from http://www.apsu.edu/oconnort/rest of URL accessed on todays date.

Anatomy of an Interview :: Interviewing Job Workforce Essays

According to Professor G.J. of Texas Tech University, "a productive interview is much like a good conversation, questions are asked to elicit more than a yes or no answer" ("Interviewing"). In an interview there are certain criteria to be addressed. This criteria includes, the purpose, the collection of data or evidence, and the concluding thoughts on the subject. The "Interview with the Luddite," between Kevin Kelly and Kirkpatrick Sale demonstrate the basic principles of interviewing. Kevin Kelly is the author of Out of Control: The Rise of Neo-biological Civilization (1994). Kirkpatrick Sale is the author of Rebels Against the Future: The Luddites and Their War on the Industrial Revolution-Lessons for the Computer Age (1995). Their discussion or disagreement on the subject of technology expresses the issues raised on both sides of the topic. Both men divulge their opinions as well as what they view as evidence to support their claims. Analysis of the interview involves the concepts of tone and fallacy. The definition of tone is: "a particular vocal quality that indicates some emotion or feeling, an accent, inflection, or intonation" (Webster's 1984). A fallacy, according to Webster's Dictionary, is: "A statement or argument based on a false or invalid inference." These two subtle parts influence the entire interview. The interaction and inverse relationship between tone and fallacy can sway the direction of an interview. Kelly creates the initial tone of the interview. By asking the first question, he sets the environment for Sale to respond. In the interview between Kelly and Sale, Kelly opens the discussion with the fallacy of loaded language. He asks Sale, "Other than arson and a lot of vandalism, what did the Luddites accomplish in the long run?" (243). The words "arson" and "vandalism" force Sale to be on defense right from the beginning. Sale realizes this and answers Kelly with the fallacy, Post Hoc; inferring that since one event occurs after another, it must be the cause of the second event. He argues that because "technosphere" interferes with the "biosphere" that it must be "destroying the biosphere" (244). These two examples demonstrate how tone of the interview is set. After both men raise their side's flag, they automatically assume that the rest of the interview will be an offense/defense interchange. The purpose of this interview is to raise the issue of technology and address it from both sides of the topic. In simplified terms, Kelly is for technology, while Sale is against technology. Anatomy of an Interview :: Interviewing Job Workforce Essays According to Professor G.J. of Texas Tech University, "a productive interview is much like a good conversation, questions are asked to elicit more than a yes or no answer" ("Interviewing"). In an interview there are certain criteria to be addressed. This criteria includes, the purpose, the collection of data or evidence, and the concluding thoughts on the subject. The "Interview with the Luddite," between Kevin Kelly and Kirkpatrick Sale demonstrate the basic principles of interviewing. Kevin Kelly is the author of Out of Control: The Rise of Neo-biological Civilization (1994). Kirkpatrick Sale is the author of Rebels Against the Future: The Luddites and Their War on the Industrial Revolution-Lessons for the Computer Age (1995). Their discussion or disagreement on the subject of technology expresses the issues raised on both sides of the topic. Both men divulge their opinions as well as what they view as evidence to support their claims. Analysis of the interview involves the concepts of tone and fallacy. The definition of tone is: "a particular vocal quality that indicates some emotion or feeling, an accent, inflection, or intonation" (Webster's 1984). A fallacy, according to Webster's Dictionary, is: "A statement or argument based on a false or invalid inference." These two subtle parts influence the entire interview. The interaction and inverse relationship between tone and fallacy can sway the direction of an interview. Kelly creates the initial tone of the interview. By asking the first question, he sets the environment for Sale to respond. In the interview between Kelly and Sale, Kelly opens the discussion with the fallacy of loaded language. He asks Sale, "Other than arson and a lot of vandalism, what did the Luddites accomplish in the long run?" (243). The words "arson" and "vandalism" force Sale to be on defense right from the beginning. Sale realizes this and answers Kelly with the fallacy, Post Hoc; inferring that since one event occurs after another, it must be the cause of the second event. He argues that because "technosphere" interferes with the "biosphere" that it must be "destroying the biosphere" (244). These two examples demonstrate how tone of the interview is set. After both men raise their side's flag, they automatically assume that the rest of the interview will be an offense/defense interchange. The purpose of this interview is to raise the issue of technology and address it from both sides of the topic. In simplified terms, Kelly is for technology, while Sale is against technology.

Obligation and Contracts Reviewer

OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give, to do, or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance, there will be legal sanctions. – An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court. – A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract.KINDS OF OBLIGATION A. From the viewpoint of â€Å"sanction† – 1. CIVIL OBLIGATION – that defined in Article 1156; an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is  judicial due process 2. NATURAL OBLIGATION – defined in Article 1423; a special kind of obligation which cannot be enforced i n court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law. (i. e. hen there is prescription of duty to pay, still, the obligor paid his dues to the obligee – the obligor cannot recover his payment even there is prescription) the sanction is the law, but only conscience had originally motivated the payment. 3. MORAL OBLIGATION – the sanction is conscience or morality, or the law of the church. (Note: If a Catholic promises to hear mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a civil one. ) B. From the viewpoint of subject matter – 1. REAL OBLIGATION – the obligation to give 2. PERSONAL OBLIGATION – the obligation to do or not to do (e. . the duty to paint a house, or to refrain from committing a nuisance) C. From the affirmativeness and negativeness of the obligation – 1. POSITIVE OR AFFIRMATIVE OBLIGATION – the obligatio n to give or to do 2. NEGATIVE OBLIGATION – the obligation not to do (which naturally inludes not to give) D. From the viewpoint of persons obliged – â€Å"sanction† – 1. UNILATERAL – where only one of the parties is bound (e. g. Plato owes Socrates P1,000. Plato must pay Socrates. ) 2. BILATERAL – where both parties are bound (e. g. In a contract of sale, the buyer is obliged to deliver) – may be: (b. ) reciprocal (b. 2) non-reciprocal – where performance by one is non-dependent upon performance by the other ELEMENTS OF OBLIGATION a)ACTIVE SUBJECT – (Creditor / Obligee) the person who is demanding the performance of the obligation; b)PASSIVE SUBJECT – (Debtor / Obligor) the one bound to perform the prestation or to fulfill the obligation or duty; c)PRESTATION – (to give, to do, or not to do) object; subject matter of the obligation; conduct required to be observed by the debtor; d)EFFICIENT CAUSE – the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.PRESTATION (Object) 1. TO GIVE – delivery of a thing to the creditor (in sale, deposit, pledge, donation); 2. TO DO – covers all kinds of works or services (contract for professional services); 3. NOT TO DO – consists of refraining from doing some acts (in following rules and regulations). Requisites of Prestation / Object: 1)licit (if illicit, it is void) 2)possible (if impossible, it is void) 3)determinate or determinable (or else, void) 4)pecuniary value †¢INJURY – wrongful act or omission which causes loss or harm to another †¢DAMAGE – result of injury (loss, hurt, harm) 157. Obligation arises from – (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law; (5) quasi-delicts. (1) LAW (Obligation ex lege) – imposed by law itself; must be expressly or impliedly set forth and cannot be presumed – [See Artic le 1158] (2) CONTRACTS (Obligation ex contractu) – arise from stipulations of the parties: meeting of the minds / formal agreement – must be complied with in good faith because it is the â€Å"law† between parties; neither party may nilaterally evade his obligation in the contract, unless: a)contract authorizes it b)other party assents Note: Parties may freely enter into any stipulations, provided they are not contrary to law, morals, good customs, public order or public     policy – [See Article 1159] (3) QUASI-CONTRACTS (Obligation ex quasi-contractu) – arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another – 2 kinds: 1.Negotiorum gestio – unauthorized management; This takes place when a person voluntarily takes charge of   another’s abandoned business or property without the owner’s authority 2. Solutio i ndebiti – undue payment; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake – [See Article 1160] (4) DELICTS (Obligation ex maleficio or ex delicto) – arise from civil liability which is the consequence of a criminal offense – Governing rules: 1.Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code [Art 100, RPC – Every person criminally liable for a felony is also civilly liable] 2. Chapter 2, Preliminary title, on Human Relations ( Civil Code ) 3. Title 18 of Book IV of the Civil Code – on damages – [See Article 1161] (5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) – arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties – [See Article 1162] 158. Obligations from law are not presumed. Only th ose (1) expressly determined in this code or (2) in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this code. †¢Unless such obligations are EXPRESSLY provided by law, they are not demandable and enforceable, and cannot be presumed to exist. †¢The Civil Code can be applicable suppletorily to obligations arising from laws other than the Civil Code itself. Special laws – refer to all other laws not contained in the Civil Code. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. CONTRACT – meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to render some service; governed primarily by the agreement of the contracting parties. VALID CONTRACT – it should not be against the law, contrary to mora ls, good customs, public order, and public policy. In the eyes of law, a void contract does not exist and no obligation will arise from it. OBLIGATIONS ARISING FROM CONTRACTS – primarily governed by the stipulations, clauses, terms and conditions of their agreements. †¢If a contract’s prestation is unconscionable (unfair) or unreasonable, even if it does not violate morals, law, etc. , it may not be enforced totally. †¢Interpretation of contract involves a question of law. COMPLIANCE IN GOOD FAITH – compliance or performance in accordance with the stipulations or terms of the contract or agreement.FALSIFICATION OF A VALID CONTRACT – only the unauthorized insertions will be disregarded; the original terms and stipulations should be considered valid and subsisting for the partied to fulfill. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of chapter 1, title 17 of this book. QUASI-CONTRACT – juridical relat ion resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other. (See Article 2142) 1)NEGOTIORUM GESTIO – juridical relation which takes place when somebody voluntarily manages the property affairs of another without the knowledge or consent of the latter; owner shall reimburse the gestor for necessary and useful expenses incurred by the latter for the performance of his function as gestor. (2)SOLUTIO INDEBITI – something is received when there is no right to demand it and it was unduly delivered through mistake; obligation to return the thing arises on the part of the recipient. (e. g. If I let a storekeeper change my P500 bill and by error he gives me P560, I have the duty to return the extra P60) 1161.Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 21 77, and of the pertinent provisions of Chapter 2, Preliminary in Human Relations, and of Title 18 of this book, regulating damages. Governing rules: 1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code [Art 100, RPC – Every person criminally liable for a felony is also civilly liable] 2. Chapter 2, Preliminary title, on Human Relations ( Civil Code ) 3. Title 18 of Book IV of the Civil Code – on damages †¢Every person criminally liable for a felony is also criminally liable (art. 00, RPC) CRIMINAL LIABILITY INCLUDES: (a)RESTITUTION – restoration of property previously taken away; the thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him. (b)REPARATION OF THE DAMAGE CAUSED – court determines the amount of damage: price of a thing, sentimental value, etc. (c)INDEM NIFICATION FOR CONSEQUENTIAL DAMAGES – includes damages suffered by the family of the injured party or by a third person by reason of the crime. Effect of acquittal in criminal case: . when acquittal is due to reasonable doubt – no civil liability b. when acquittal is due to exempting circumstances – there is civil liability c. when there is preponderance of evidence – there is civil liability 1162. Obligations derived from quasi-delicts shall be governed by the provisions of chapter 2, title 17 of this book, and by special laws. QUASI-DELICT (culpa aquiliana) – an act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties. (See Article 2176)REQUISITES: a. omission b. negligence c. damage caused to the plaintiff d. direct relation of omission, being the cause, and the damage, being the effect e. no pre-existing contractual relations between parties Fault or Negligence – consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, time, and of the place. BASIS DELICTS QUASI-DELICTS 1. INTENT Criminal/ malicious Negligence 2. INTEREST Affects PUBLIC interest Affects PRIVATE interest 3.LIABILITY Criminal and civil liabilities Civil liability 4. PURPOSE Purpose – punishment Indemnification 5. COMPROMISE Cannot be comprised Can be compromised 6. GUILT Proved beyond reasonable doubt Preponderance of evidence CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Speaks of an obligation to care of a DETERMINATE thing (that is one which is specific; a thing identified by its indi viduality) which an obligor is supposed to deliver to another. †¢Reason: the obligor cannot take care of the whole class/genus DUTIES OF DEBTOR: †¢Preserve or take care of the things due. ? ~DILIGENCE OF A GOOD FATHER – a good father does not abandon his family, he is always ready to provide and protect his family; ordinary care which an average and reasonably prudent man would do. -Defined in the negative in Article 1173 ~ANOTHER STANDARD OF CARE – extraordinary diligence provided in the stipulation of parties. ? ~FACTORS TO BE CONSIDERED – diligence depends on the nature of obligation and corresponds with the circumstances of the person, time, and place. ** Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force majeure†¦ without negligence or fault in his part. †¢Deliver the fruits of a thing †¢Deliver the accessions/accessories †¢Deliver the thing itself †¢Answer for damages in case of non-fulfillment or breach

Rich vs. The Classic 50s Wife Essay

â€Å"But to be a female human being trying to fulfill traditional female functions in a traditional way is in direct conflict with the subversive function of the imagination. The word traditional is important here. There must be ways, and we will be finding out more and more about them, in which the energy of creation and the energy of relation can be united† (Rich 350). Adrienne Rich, a writer from the 20th century, compares and contrasts the ability to become a woman writer as well as being the clichà © 1950s housewife in her essay â€Å"When We Dead Awaken: Writing As Re-Vision† . Even though Rich experiences what many women did not she organizes her essay as though they could follow her footsteps. Using many authors such as Henry James, and even herself, she helps collaborate an organize and essay in a way that makes it incredible easier for the reader to understand and follow. When writing an essay, one of the most important aspects to remember is the organization of your essay. If you do not brainstorm and plan your essay, your reader could rotationally be lost, or even confused on what your paper or essay is about. For example in Rich’s essay, she organizes her essay according to her lifetime. In the beginning she tries to explain, in a way, a sense of â€Å"re-visioning†; the act of modifying or even changing an idea. The ability for a woman to be both a writer, and a 50s housewife was nearly impossible back in the day. However Rich believes that it can be done, and that is what this re-visioning plan is all about. She uses many other authors in supporting her argument, and her initial plan to bring about women writers. She then finishes her essay with her own personal experiences in coming about as a woman writer. This way of organizing is very efficient, and helpful especially to the reader. Not only does is give the reader an example of how it is to be done, but it shows them that what was thought of the impossible, was in fact possible. It also shows the woman of that time that it was okay to be both a housewife and a writer; or just a writer like Rich. This is also a life lesson for the public. We are changing everyday.  Throughout the entire world rules are changing, people are changing, and society is changing as a whole. No matter how hard something is, nothing is impossible. Rich succeeded in her dream in becoming a writer, so you should strive into becoming what you want to be. Rich used other readers into helping her throughout this essay and I feel it was very efficient for her to do so. â€Å"He once opened his eyes, in the raw winter dawn, to see his companion, in a dressing-gown, on her knees before the domestic hearth, a candle-stick beside her and a red madras round her head, making a bravery with her own hands the fire that was to enable her to sit down betimes to urgent pen and paper. The story represents him as having felt that the spectacle chilled his ardor and tried his taste; her appearance was unfortunate, her occupation as inconsequence, and her industry a reproof – the result of all which was a lively irritation and an early rupture† (Rich 345). In this quote the husband is almost disgusted with how his wife looks, and what she is doing. Instead of preparing him dinner or cleaning the house, she is about to light the fire and write. This type of judgment towards woman that write caused a problem with those who were wanting to become a writer. I believe the reason Rich included this in her piece is because it shows what women went through in the process of becoming a writer. It connects with her, especially, because she went through these exact phases. However, like I said in the previous paragraph, Rich proves that nothing is impossible. She made herself heard and if you wanted to become a female writer, than you could. Not only did Rich use other authors, but she used some of her other poems and writings as well. Rich wrote on a notebook during her tough times, â€Å"Paralyzed by the sense that there exists a mesh of relationships – e.g., between my anger at the children, my sensual life, pacifism, sex ( I mean sex in its broadest significance, not merely sexual desire)- an interconnectedness which, if I could see it, make it valid, would five me back myself, make it possible to function lucidly and passionately. Yet I grope in and out among these dark webs† (Rich 350). Here, Rich is trying to explain, in her own words, the frustration she encountered on her journey into finding herself. She is  trying to find a middle point in between being a housewife, a mother, and a writer. She uses this passage to prove once more how hard it really was to accomplish your dream in life, especially hers. Nothing comes to you on a â€Å"silver platter†, and there will be sacrifices that you will have to make. It shows the reader how it affected her as a woman, and how she personally f elt. This helps the reader feel her emotions, and really see the hard times. Throughout this entire piece I found myself in Rich’s footsteps. Throughout my entire life there has been bumps in the road, and hard times that I had to overcome. Just like her, I made it through them and carried on, which I believe is what she did to become a writer. Organizing her piece the way she did, and structuring it the way she did, helped me, the reader, really understand her point of view, as well as some of the other authors. Works Cited Rich, Adrienne. â€Å"When We Dead Awaken: Writing As Re-Vision.† From Inquiry to Academic Writing, Boston: Bedford/St.Martin’s, 2008. 342-355. Print.

History of Pop Culture essays

History of Pop Culture essays Pop culture is a term given to describe all the various cultural elements found in any given society. These elements are often perpetuated through societys language, particularly vernacular language. It encompasses everything, from daily interactions between people, to the needs and desires of individuals and communities to the various cultural moments that surround our everyday lives within mainstream society. Further, pop culture includes such activities as cooking, clothing, fashion, consumption, entertainment, sports, literature and especially mass media. It is often through the mss distribution of these things that creates pop culture, or, in other words, makes that particular culture popular. In comparison, pop culture is often placed into contrast with the typically more exclusive and elitist high culture. Pop culture is something that is in a constant state of flux; therefore what was pop culture yesterday is no longer pop culture today. For this reason, pop culture is something that occurs uniquely in a specific place and time. It can be best described as a river that forms and reforms currents and eddies that each represent the complexity of the numerous, interdependent perspectives, values and institutions of society that, together, create pop culture. Often time pop culture grows out of a subculture that, through mass circulation, becomes mainstream and thus gain a widespread public appeal. In the twentieth century, especially the late twentieth century, mass media has come to be one of the main reasons for the growth of popular culture. Prior to mass media, everything was localized, or more community-based. It was not until the advent of mass media and mass production that the definition of a community grew and thus pop culture came into existence- something to appeal to the entire society. The process works by the media conveying the work and activities of others to the general populat...