the false consensus effect :: essays research papers

Research Demonstration: The False Consensus Effect In science, we emphasize systematic, careful observation as a key to overcoming the limits of other methods of acquiring knowledge. That is, we trust systematic observation more than we trust our own intuition. We can actually investigate this issue. The following description provides you with the details necessary to conduct a simple study to investigate the accuracy of human intuitions. We often believe that others are more like ourselves than they really are. Thus, our predictions about others' beliefs or behaviors, based on casual observation, are very likely to err in the direction of our own beliefs or behavior. For example, college students who preferred brown bread estimated that over 50% of all other college students preferred brown bread, while white-bread eaters estimated more accurately that 37% showed brown bread preference (Ross, Greene, & House, 1977). This is known as the false consensus effect (Ross et al., 1977; Mullen, Atkins, Champion, Edwards, Hardy, Story, & Vanderlok, 1985). The false consensus effect provides the basis for the following demonstration, which emphasizes the need for systematic rather than casual observation. You can use the set of six questions, below, to investigate this. Before describing the false consensus effect, have friends, roommates or classmates (other classes, not PSY250) answer the questions listed below. Next, have students predict the UB undergraduate mean for each question. Keep a record of the responses for each person who participates. According to the false consensus effect, students' predictions about the UB mean should be influenced by their own positions. Consequently, a student whose position is below the UB mean is likely to make a prediction that will be below the UB mean as well. There are ethical constraints on the use of human participants that you must follow if you wish to try this with people. 1. Do not collect any identifying information on your participants. The answers to these questions should be anonymous. Even though you may know the person, do NOT record any identifying information. 2. When you ask someone to participate, explain the basic nature of the study. You want to ask people how often they do certain things, like laundry, and how often they think other UB undergrads do these same things. You are doing this as part of a class on learning the scientific method. If they participate, they will be asked to answer six questions about themselves and other UB undergraduates. They can choose not to answer any question. Tell your prospective participant that all answers are anonymous and no information identifying them is being recorded. 3.

Alice Walker’s The Color Purple Essay

Alice Walker’s The Color Purple takes place in the 1920’s-1930’s during the times of segregation and women’s suffrage. In this passage Celie’s step-son confides in her one night sitting on her front porch steps. Read the following passage from Alice Walker’s The Color Purple. Then, in a well-organized essay analyze how the author’s style exposes the tone towards the unequal treatment of women by the use of literary elements such as appeal to emotion, syntax, and irony. Harpo sitting out on the steps, crying like his heart gon break. Oh, boo-hoo, and boo-hoo. He got his head in his hands, tears and snot running down his chin. I give him a hansker. He blow his nose, look up at me out of two eyes close like fists. What happen to your eyes? I ast. He clam round in his mind for a story to tell, then fall back on the truth. Sofia, he say. You still bothering Sofia? I ast. She my wife, he say. That don’t mean you got to keep on bothering her, I say. Sofia love you, she a good wife. Good to the children and good looking. Hardworking. Godfearing and clean. I don’t know what more you want. Harpo sniffle. I want her to do what I say, like you do for Pa. Oh, Lord, I say. When Pa tell you to do something, you do it, he say. When he say not to, you don’t. You don’t do what he say, he beat you. Sometime beat me anyhow, I say, whether I do what he say or not. That’s right, say Harpo. But not Sofia. She do what she want, don’t pay me no mind at all. I try to beat her, she black my eyes. Oh, boo-hoo, he cry. Boo-hoo-hoo. I start to take back my hansker. Maybe push him and his black eyes off the step. I think bout Sofia. She tickle me. I used to hunt game with a bow and arrow, she say. Some womens can’t be beat, I say. Sofia one of them. Besides, Sofia love you. She probably be happy to do most of what you say if you ast her right. She not mean, she not spiteful. She don’t hold a grudge. He sit there hanging his head, looking retard. Harpo, I say, giving him a shake, Sofia love you. You love Sofia. He look up at me best he can out his fat little eyes. Yes ma’am? he say. Mr.___ marry me to take care of his children. I marry him cause my daddy made me. I don’t love Mr.___ and he don’t love me. In this passage from The Color Purple, the author’s opinion of the way  men treat women is clearly displayed through the tone of the text and style of her writing. Alice Walker exposes her strong disapproval of the mistreatment of women through literary elements such as syntax, appeal to emotion and irony. Walker uses specific syntax in order to emphasize the importance of the points that Harpo’s companion makes. The word â€Å"Hardworking.† is treated as a sentence in itself, and the neighboring phrases such as â€Å"Good to the children and good looking.†, â€Å"Godfearing and clean.†, and â€Å"Sofia love you, she a good wife.† are short and punctuated like sentences in the same way. The author does this to point out that amongst all the dialogue written, these phrases are the most significant text in the scene because they demonstrate her opinion that men, including Harpo, should not mistreat women, and especially women who take care of themselves, behave according to religious teachings, and are good to their families and husbands. She also uses this same sentence structure to emphasize the ways Sofia doesn’t act; for example, â€Å"She not mean, she not spiteful.† and â€Å"She don’t hold a grudge†. This shows that So fia’s behavior does not deserve punishment, and therefore she and other women of similar character should not be harmed. The passage contains emotional appeal which serves the purpose of pointing out the author’s opinion of the mistreatment of women. Sofia’s redeeming qualities are plainly stated: characteristics such as hardworking, loving, religious, and loyal to family. When the reader learns that Sofia’s husband tries to beat her despite her mannerisms, sympathy is evoked. The appeal to emotion continues when a briefing on the lady companion’s past is supplied. The reader learns of the woman’s misfortunes including beatings that take place regardless of her actions, and a forced marriage that leads to her upbringing of another woman’s children. Imbedded deeper in the text, is situational irony. Walker uses imagery like â€Å"He got his head in his hands, tears and snot running down his chin.† and onomatopoeic words such as â€Å"sniffle† and â€Å"boo-hoo† to point out Harpo’s exaggerated reaction. Harpo feels that his inability to beat his wife puts him in an unfair situation. These examples are used to point out the reality  of the situation; women such as his companion [Celie] are the unlucky ones because they are forced into unjust relationships in which they are beaten and mistreated. The imagery and onomatopoeia making fun of Harpo’s actions, serve the purpose of pointing out his hypocritical ridiculous behavior. Throughout the passage provided, Walker uses stylistic techniques such as syntax, emotional appeal, and situational irony to illuminate her critical opinion of the mistreatment of women. Her particular methods provoke reflection and contemplation in the reader once the passage has been comprehended. As a result, this increases the value of her work as a whole.

Jane Austen s Pride And Prejudice - 1533 Words

In today s society, marriage is a significant bond that must be on the basis of love and understanding. Marriage is a relationship described as more for love and emotion rather than convenience or money. Through the experience of Lydia and Wickham, Charlotte and Collins, and Elizabeth and Darcy, Austen criticizes marriages based on infatuation, convenience and money, and emphasizes that marriage can only be successful if they are founded on mutual love. In the novel Pride and Prejudice, Austen conveys her opinion about marriage. Through Lydia Bennet and George Wickham, Austen clearly shows how a relationship on the basis of infatuation contributes to an unsuccessful marriage. Lydia is an immature, foolish young woman who presents a relationship based on physical gratification. Wickham too, is similar - he is self-indulgent, manipulative and would never deny any pleasure. Just like Wickham, Lydia has an aspiration to â€Å"attach herself to anybody,† as she experiences a passio n for men in uniform. As a result of Lydia s immaturity, she demonstrates that her love towards Wickham is only for enjoyment and imprudent motives; he being part of the regiment is the only reason her affections fluctuate for him. Despite the absence of admiration in their marriage, Lydia and Wickham suffer the consequences of their marriage with indifference for one another. They live a short period of happiness as their marriage is based on convenience, attraction and passion rather than love andShow MoreRelatedJane Austen s Pride And Prejudice1231 Words   |  5 Pagesfinancial stability. In the novel Pride and Prejudice, Jane Austen states that the desire for better social connections interferes with the workings of love through the relationship between Darcy and Elizabeth to criticize the social class structure of the 19th century. Anxieties about social connections or the desire for better social connections, interfere with the workings of love. Darcy and Elizabeth s realization of a mutual and tender love seems to imply that Jane Austen views love as something independentRead MoreJane Austen s Pride And Prejudice1294 Words   |  6 PagesJane Austen s exceptional novel Pride and Prejudice has been depicted as a classic that is as much a social study on class, marriage and gender as it is a romantic tale. It is an amusing representation of the social atmosphere of the late eighteenth and mid nineteenth century England, and it is primarily required with courtship rituals of the English high class. The novel is more than a romantic tale, however through Austen s subtle, and ironic style, it addresses gender, class, and marriageRead MoreJane Austen s Pride And Prejudice992 Words   |  4 Pages It is unfortunate that many people tend to dismiss Jane Austen’s novel, Pride and Prejudice, as simply a roman tic love story, even labeling it a â€Å"chick flick.† Upon a shallow reading, it may appear to be such, but a closer look at the novel reveals so much more embedded in the story. In addition to describing the entertaining relationship between Elizabeth and Mr. Darcy, the novel serves to forward Austen s personal values and ideas. Furthermore, there is one issue of her era that she particularlyRead MoreJane Austen s Pride And Prejudice1138 Words   |  5 PagesPride and Prejudice is a novel about the superficiality of marriage during the late 19th and early 20th century, which largely influenced the decisions made by individuals, based on connections and social rankings. The novel takes its characters through various changes influenced by their decision to or rather not to marry certain individuals. It begins not by a man desiring to marry for love, but by a mother who desires nothing more than to marry her daughters well. As the novel develops, Jane AustenRead MoreJane A usten s Pride And Prejudice1211 Words   |  5 PagesJane Austen’s Pride and Prejudice was greatly influenced by the time period in which it was written, This novel follows the story of Elizabeth Bennet and her sisters as they are faced with marriage proposals. The marriage and roles of women in this time period are shown throughout this story. During the time Austen was writing this novel, a woman’s role for her family changed. Daughters started to become a way for their family to achieve more money. Because their family depended on this financialRead MoreJane Austen s Pride And Prejudice1675 Words   |  7 PagesIn Jane Austen’s Pride and Prejudice, she has specific criteria that her characters follow when choosing their mates. In today’s society, most couples still follow these criteria and more when choosing their ideal mate. What are these important criteria that Austen’s characters consider when choosing a mate? For Austen, the important cr iteria that she has for choosing a mate are that couples are personally compatible, they are in love with each other, and they must have a good moral character. Read MoreJane Austen s Pride And Prejudice1678 Words   |  7 PagesAfter reading Jane Austen’s most popular piece of work, the effects of the high societal expectations can be acknowledged through viewing the lives of the Bennet family and friends and noting such effects. Through the examination of the characters in Pride and Prejudice it is easily deciphered between marriages based upon true love and marriage based upon the expectations of society. Society’s main goal for woman in the Victorian era was marriage. As seen many in Pride and Prejudice, marriage wasRead MoreJane Austen s Pride And Prejudice1434 Words   |  6 PagesJane Austen’s Pride and Prejudice was considered a radical novel back in 1813 when she wrote and published the piece. It is a social commentary on the treatment and societal standards of women, as well marriage expectations at the turn of the 19th century. Austen criticizes the patriarchal society, materialism, double standards of men and women by centering the book around Elizabeth Bennett, a young woman of decent means who does not understand the reason for the pressure to find a suitable husbandRead MoreJane Austen s Pride And Prejudice1468 Words   |  6 Pagesestablished over time. In Jane Austen s novel, Pride and Prejudice Elizabeth Bennet is the main character who is a lady in the Regency Era. Elizabeth lives in Longbourn with her parents, Mr and Mrs Bennet and her four sisters. In the beginning of the novel, Elizabeth s prejudice mindset and strong opinion blinds her from realizations happening around her. Soon, Elizabeth s prejudice disappears allowing her to open up and fall in love. Throughout Jane Austen s novel, Pride and Prejudice, Elizabeth growsRead MoreJane Austen s Pride And Prejudice1649 Words   |  7 PagesIn her novel, Pride and Prejudice, Jane Austen is pre-occupied with the theme of marriage. Marriage is a central issue of a woman’s life but it was even more crucial for the women of her society where women were largely dependent on the men in their lives. As a result, women pursued socio-economic stability through marriage. However, it is clear through the novel that Austen did not agree with this part of her society. In Pride and Prejudice, she gives preference to a marriage which is based on love

A Brief Note On Germanys Health Care System - 1228 Words

150 Years of Healthcare: Germany’s Health Care System As nations across the globe begin to implement national healthcare systems to cover all citizens, many look to the oldest national healthcare system in the world for guidance. Developed in 1883 by Chancellor Otto von Bismark, Germany instituted the first social health system nearly 150 years ago (Armstrong, 147). Throughout its 150 years, the system has changed drastically due to modernization and privatization, increased costs within healthcare, and an overall change in the culture of healthcare. As the system has changed, so too has its funding and infrastructure of providers. Years of reform have also significantly impacted perceptions and expectations of consumers, as many Germans still are unhappy with their current system. In response to this dissatisfaction, reforms will continue in order to make the German national health care system one that not only serves all of its citizens, but also provides equitable and affor dable care to all. Although Otto von Bismark developed the first universal health care system in Germany during the late 1800’s, the country did not require citizens to have health insurance until 2009 (Green, 1). The German Parliament and Federal Ministry of Health offer federal governance of the healthcare system, while the German Federal Joint Committee (Gemeinsamer Bundesausschuss) monitors the quality of SHI services (Armstrong, 152). Germany’s health care system is now divided into two systems:Show MoreRelatedCultural Competence Is Defined By Stewart And Denisco2912 Words   |  12 Pagestheir story and receive the care they need. Health disparities are characterized by differences in the incidence, prevalence, mortality, and disease burden to specific populations groups in the United States (Raingruber, 204). These health disparities may be contributable to a number of factors such as age, gender, educational attainment, socioeconomic status, race, ethnicity, and a myriad of othe r factors (Raingruber, 2014). In order to meet the challenge of reducing health disparities and improvingRead Moreâ€Å"Starbucks and Others: the Future of Public Wi-Fi†5373 Words   |  22 Pagescompany-operated stores beginning this fall. With SDN, Starbucks hopes to engineer an in-store, third-place experience like no other by offering exclusive and premium content from hand-picked content providers, including Apple, The New York Times and leading health publisher Rodale. For Starbucks, the in-store experience is paramount. The company already knows that computer users spend about one hour per visit on Wi-Fi while mobile users stick around for 15 minutes per web session. Plus, Starbucks has a historyRead MoreEssay on The Power of the Atomic Bomb in Shaping the Post-War World6451 Words   |  26 Pagesprimary leverage the atomic bomb provided was the scientific knowledge in the possession of the US. Stimson suggested that disclosure of the bomb’s secrets be used as a carrot, rather than a stick, to make the USSR more manageable. Given the Soviet system of government, Stimson wrote, we must go slowly in any disclosures or agreeing to any Russian participation whatsoever and constantly explore the question how our head start in X [the atomic bomb] and the Russian desire to participate can be usedRead MoreInternational Management67196 Words   |  269 Pages10020. Copyright  © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions  © 2009, 2006, and 2003. No part of thi s publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and printRead MoreContemporary Issues in Management Accounting211377 Words   |  846 PagesNew York ß Oxford University Press 2006 The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 2006 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerningRead MoreWireless Technology Essay16392 Wor ds   |  66 PagesPersonal Communication 43 Emotional Disconnect 45 Worldly Effects 50 Media Influence 51 Impact on Education 52 Impact on USA 54 Environmental Implications 55 Implications for Wireless Technology 56 Wireless Waste 56 Analysis 59 Health Concerns 59 Moral and Ethical Implications 61 Conclusion 64 Works Cited 67 Introduction to Wireless Technology (Wenclewicz) You just awoke and looked out your window, and to your surprise, your car is covered with 5 inches of snow. YouRead MoreAnalyzing Current Sbu’s for Assigning Resources (by Using Boston Consulting Group Approach): Example for Bangladesh Perspective.7819 Words   |  32 Pagesfrom internet, then summarized the information and take more important part. Limitation of the Study To collecting information about our topic was not very easy, but its so difficult to collect and put it here. Basic concept of management system Management has been defined by various authorities various ways. So, the definitions of management are numerous. A few often definitions of management are; â€Å"Management process of planning,organizing,leading,and controlling of an organizationsRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagescapture the richness and complexity of real-life management situations and we would also encourage readers and tutors to take every possible opportunity to explore the live strategic issues of organisations – both their own and others. The following brief points of guidance should prove useful in selecting and using the case studies provided: ââ€"  The summary table that follows indicates the main focus of each of the chosen case studies – together with important subsidiary foci (where appropriate)Read MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 Pagesii Permission to reprint these has been obtained by Pearson Custom Publishing for this edition only. Further reproduction by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, must be arranged with the individual copyright holders noted. This special edition published in cooperation with Pearson Custom Publishing. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 Please visit our web site at www.pearsoncustomRead MoreCons and Pros of Internet16245 Words   |  65 Pagesagree to lend to a company under the condition that its debt financing will not exceed 60% of tangible assets, it helps to have agreement on how to count the company’s tangible assets as well as its debts. Are noncancellable leases debt? Unfunded health care commitments to employees? Expected future tax payments due to transactions that generate book income now? Similarly, if a company agrees to provide audited profit figures to its shareholders, it is helpful to be in agreement as to what constitutes

My Experience From The Fall Term Of Art - 991 Words

In this reflection I will be talking about my experience from the Fall term of Work of Art FRINQ 131Y. In general, I found the class to very different from what I thought it would be. I do not mean to offend anyone with writing this response, I am just addressing an honest reflection on how I felt throughout the fall term. There are many pros and cons to this class which I will address. I believe this class helped me improve my writing skills immensely; however, I do not think the class taught me anything meaningful, nor did I find it valuable. I very much enjoyed the positivity of the instructors and their passion for teaching and helping students, but the class itself was very flawed. I learned a variety of lessons from this class, but most were not educational or had anything to do with art. With all this in mind, I will continue to honestly describe my experience and opinion of this class. In terms of how I progressed so far, I believe my writing skills have improved greatly since the beginning of the term. I appreciate all the feedback on my papers because it shows that there is always room for improvement. I also believe the integration of students making a blog also helped with this. Making a blog connects with many students of this generation and is an outlet that is easier for students to be honest and express themselves. Having a blog was a fun way to show others my work and how I have improved. I will continue to use these skills I have learned in this classShow MoreRelatedNon Profit Performing Arts And Development World795 Words   |  4 PagesCenter for the Performing Arts, I can fully understand the critical role of the sponsors and the inner mechanisms that run these organizations. My motivation to fill this need within the non-profit performing arts and development world is exactly what is leading me to pursue a graduate degree in arts administration from a nationally recognized university. I see myself being placed in roles of management and advocacy in the non-profit sector and I feel that the knowledge gained from this internship wouldRead MoreThe Importance Of Creativity By Julie Burstein, And Teresa Amabile Essay1549 Words   |  7 Pagesentirety of the fall semester, I took on a project to create a three-page layout for a fictional campaign in National Geographic magazine about endangered species. The goal was to create different content for my portfolio, challenging my skills in photography and photo-manipulation. I transformed people into animals and used gel lighting and Photoshop to create my artwork (see Appendix A figure 1 2). At the end of the semester, I reviewed my completed pieces and two theorists best fit my creative processRead MoreIntroducing The Sessions That Helped Me Improve1479 Words   |  6 Pagesclarify my comprehension of the craft of acting. I’m also gonna Include my understanding of what an ac tor needs from a script; how an actor uses backstory to inform the present and the techniques around the revelation of backstory and motivation,. What is my interaction with actors in preparing a script, and in on-set procedure? how i go about analysing an actor’s performance and how do I get the best out of it in terms of technique and impact both on set and in the edit; a reflection of my personalRead MoreArt Is a Lie That Brings Us Closer to the Truth1227 Words   |  5 Pagesâ€Å"Art is a lie that brings us closer to the truth†- Pablo Picasso Yes, I have tricks in my pocket; I have things up my sleeve. But I am the opposite of a stage magician. He gives you illusion that has the appearance of truth. I give you truth in the pleasant disguise of illusion.  Art is exactly the same: it portrays the truth in the form of a camouflage of words, colour, and speech. People say that art is an imitation of reality; however, it is in fact the total opposite. Reality is restrictedRead MoreThe Impact Of British Art On The World Of Art And Opportunities1677 Words   |  7 PagesBritish art is respected across the world for it’s unique techniques and skills used for painting. A lot of artist from around the world visit Britain for it’s thick culture in the world of art and opportunities. Almost all ‘Minority art’ made in Britain falls into one of the two baskets, either it is created by an artist from an African- American/ Caribbean origin, or by the common people of the Indian-sub continental background. De spite of the attempts made to accumulate these two inconsequentialRead More Fine Art, Fashion and Design1276 Words   |  6 PagesMy essay is going to be a discussion on whether fine art, fashion and designers are linked with each other. On starting my essay I looked up the definition of Fine art, the term is used to distinguish the variation of creative art forms, developed by humans. Some of the many concepts which fall under this category are painting, drawing, calligraphy, sculpture etc. I agree that fine art uses lots of visually appealing methods which seem graceful, like calligraphy the work produced is quite delicateRead MoreEntering The Halls Of Education1293 Words   |  6 Pagesreason I have decided to go into the field of education as well is to make myself more marketable after graduation. Other than that, I wanted to be in the setting of adolescents because I have had my experience with early childhood education and did not want to stop at that level of teaching. My experience of four years in an early childhood environment has taught me a lot about patience. However, when it comes to that age group I have realize that that age group is very threatening. For instance,Read MoreJames Franco, Renaissance Man1403 Words   |  6 PagesBy definition, a Renaissance man is one who has acquired profound knowledge or proficiency in more than one field. Normally one from the renaissance time period(1905-1910). A modern day Renaissance man is a term used for those who have accomplished such achievements but lives in another period-the present. James Franco is a man that epitomizes such a title.. Franco is a man of many vices, actor, Broadway actor, director, author, screenwriter, producer, painter, model, host, musician, volunteerRead More My Philosophy of Education Essay993 Words   |  4 PagesMy Philosophy of Education It is the supreme art of the teacher to awaken joy in creative expression and knowledge. -Albert Einstein The foundation for my philosophy of teaching is very simple. I believe that if I am bored, the students are bored. I structure my teaching methods and strategies towards grasping not only the interests of my students but of myself as well. This enables my students to take away a positive experience from the learning process. Many times studentsRead MoreThe Art of War1441 Words   |  6 PagesTHE ART OF WAR REACTION PAPER Sun Tzu, the author of The Art of War, wrote one of the oldest and famous books to be written in history. The Art of War, is a Chinese military treatise that has become more than just for military use, it’s utilized in almost all aspects of today’s world. Businesses, sports, politics, education, and so many more have interpreted The Art of War and used it in their everyday lives. The Art of War portrays fighting as a guide serving a dual purpose, suggesting that strategy

Constitutional Dialogue in Common Law Asia -Myassignmenthelp.Com

Question: Discuss About The Constitutional Dialogue In Common Law Asia? Answer: Introduction Every nation has a different kind of legal system. Some of the nations follow a combination of two or a higher number of legal systems, which results in mixed legal system; and there are other nations which adopt only a single kind of legal system. In Malaysia, there is a mixed type of legal system which covers common law, customary law and the Islamic law. The source of the Malaysian legal system comes from the two different laws, i.e., the written law and the unwritten law (Brooker and Wilkinson, 2010). The law of the nation is based majorly on the common law legal system. The reason for this is the colonization between the starting of 19th century to just over middle of the century of Malaya, North Borneo and Sarawak, by Britain (Jackson, 2006). The Constitution of the nation covers the legal rights of the citizens off the nation and also the legal framework. The federal laws in the nation are enacted by the Malaysian Parliament and are applicable across the nation. The state legislative assemblies enact the state law, which apply across the particular states. Through the Malaysian constitution, a unique dual system is presented, which not only provides the sharia laws but also the secular laws, which includes both civil and criminal law (Saha, 2010). This discussion is focused on highlighted these very sources of the Malaysian law, the role played by them, and how they shape the present legal system of the nation. In doing so, the sources of Malaysian law, and the manner in which these are applied in the present day laws of the nation would also be elucidated. This would help in getting a clear understanding on the role and significance of the sources of Malaysian law. Background Before Malaysia got its independence in 1957, the majority of laws of UK had been imported and were made in the local legislation, or were simply applied as being the case laws. The law of the nation also takes inference from other jurisdictions, particularly from India and Australia. The Criminal Procedure Code, which is the criminal law of the nation, is based on the Indian criminal code. Again, the Contracts Act of the nation is based on the model of India. The land law of the nation is inferred from the Australian Torrens system (Noordin and Keng, 2018). As stated earlier, the federal constitution is the supreme law of land (Ahmad, 2018). It gives forth the legal frameworks for the courts, laws, legislations, and the other administrative aspects of law. This very document defines the monarch and the government, along with the powers they have, and also the rights which the citizens get. The laws of the nation have been split in written and unwritten categories. The written laws a re enacted through legislations and constitution; whilst the unwritten laws are such laws which are not covered by any of the statutes, and are found in the decisions of case laws. These are also known as the common law (Hamzah, 2009). Where such happens that a specific situation is not governed through any law, the common law can be applied. In such a situation where even the common law of the nation is not applicable, the English case laws can be applied. At times, the Singaporean, Australian and Indian cases are made use of as being the persuasive authority (Hang and Jacobson, 2017). There is a need to attain clarity on what exactly is the meaning of sources of law, before the Malaysian sources of law are elaborated on. There are different meanings given to the sources of law. The historical sources, which indicate the factors which influence the development of law, but have not been recognized as being the source of law, are also the source of law. For instance, the influence of religious practices, beliefs, opinion of jurists and local customs on development of law are not law per se, but do play role in the formation of law. The same could also refer to the places where law can be found, and the examples of it include the decision of courts, textbooks, statutes and law report. However, in majority of cases, the sources of law refer to the legal sources, which are the legal rules which create the law. And this is the meaning which has to be adopted, till the time otherwise is provided (Sundaram, 2008). Sources of Malaysian Law and its application The sources of law of Malaysia refer to the legal rules which create the laws in the nation, and which can be classified in written and unwritten. This classification though, needs to be treated in a careful manner, as the same was created just for simplicity sake and cannot be deemed as legal classification. Just because it is stated that there is unwritten law, it does not mean the same in literal sense. It simply refers to the part of Malaysian law, which has not been enacted through the legislature, be it by state assemblies or the parliament, and which has not been found in the constitutions, irrespective of it being the state one or the federal one. Such un-enacted law can be found in the case laws which have been decided by the courts and the local customs, which means that the entire non statutory laws. Conversely, the written law makes reference to the law which is embodied in the constitutions of federal and state, and in the statute or the code, which includes the delegate d or the subsidiary legislations (Atikah, 2018). Written Law The written law is the most significant source of law in the nation. It is divided in four different categories, which includes the federal constitution, the state constitution, the legislation and the subsidiary legislation. Federal Constitution The highest legal authority of land in the nation is the Federal Constitution. The constitution had been drafted back in 1956 by the Reid Commission, where there were five representatives from India, Australia, Britain and Pakistan. After the nation got its independence on 31st August, 1957, the constitution came into force. It covered fifteen parts, thirteen schedules and 183 articles (Aun, 1999). Under Article 4(1), it is provided that the constitution is the main or the supreme law of federation, and any such law which had been passed after the Merdeka Day, where such law was not consistent with the constitution, would be void, to the maximum extent off such inconsistency. Under Article 159 and Article 161E, the provision for allowing the constitution to be modified have been provided, and it also provides that for modifying this, there is a need for getting two third majority in both of the houses of Parliament (Yap, 2015). State Constitution There is a similarity between the federal constitution and state constitution, save for the fact that the latter is set by the states in the nation. The federal constitutions 8th schedule provides some provisions which have to be included in state constitutions like the members of state executive, state legislative assembly, finance, role of Yang di Pertua Negeri or Sultan, and etc. Under Article 71, it is provided that all of the state constitutions have to cover their provisions, or eels such provisions would b enforced by the Parliament, or they would abolish any of the provisions covered under the state constitution, where there is a contradiction with such provisions (Mathews, 2014). Legislation The laws which are created by the state legislatives at state level and the parliaments at federal level are the legislations. The federal constitution gives the legislative authority in the nation, where it mentions the scope of the state assembly and the parliament. Where the law is made by state assembly or parliament, which is not within the scope of authority of it, or is contradictory to the constitution, the courts have the power of declaring it as null and void. Article 74 of the federal constitution provides that the parliament can create the laws by making reference to the matters which are given under the federal list, and the state legislatives could make the laws by making reference of such matters which have been provided under the state list (Aldohni, 2011). Through the concurrent list, the scope of enactment by both state legislatives and parliament is provided. These three lists have been provided under schedule 9 of the federal constitution. Where there is any contr adiction in between the state and federal laws, the federal law would prevail and the state law would be void owing to the inconsistency scope (Harding, 2012). Subsidiary Legislation The parliament could pass the power of legislating subsidiary legislation during the time of emergency, and also when there is a contradiction with involvement of federal constitution, owing to the exceptions covered under article 150. Here, reference needs to be made to the case of Eng Keock Cheng v. Public Prosecutor [1966] 1 M.LJ. 18. This case had the plaintiff, i.e., Eng Keock Cheng being convicted for committing two offences when the emergency period was going on and had been ordered to put to death. He made an appeal on grounds that there was neither any preliminary enquiry nor was there a jury adopted by the High Court, which was required based on the Criminal Procedure Act and claimed that the procedures covered in the Emergency (Criminal Trial) Regulations, 1964, had been invalid. This was due to the fact that it was contradictory to Article 8 of the federal constitution. The judges held that the parliament could pass the power of legislating any of the subsidiary legislati on during the time of emergency, even when there was any kind of contradiction with the federal constitution which was involved, owing to certain exceptions covered under its article 150. This ultimately led to the appeal being dismissed (Faruqi, 2005). Unwritten law The unwritten laws are the ones which have not been enacted and which cannot be found in any of the constitution. It covers the English law, i.e., equity and common law, the customs and the judicial decisions. The common law is a key part of states, particularly of commonwealth nations. It consists of non-statutory law, which are the precents taken from the verdicts of cases. The law of equity helps in solving the disputes in between the individuals, by making reference to principles of justness, fairness and equality. Such cases involve nothing being done against the law, just their rights become conflicting. This is thus varied from statutory law, and covers opinions and precents of real cases (Chang et al, 2014). English Law English law is particularly important for the commercial law of the nation (Tham, 2007). Civil Law Act, 1956, under section 3(1)(a) provides that the common law and the law of equity, as was administered in England, has to be applied by the courts in Peninsular Malaysia. Section 3(1)(b) provides that the courts in Sabah and Swark have to apply these laws with the statues of general application as administered by England (AGC, 2006). However, it does not provide that these laws need to remain untouched and follow the same law as is administered in England. There is a need for the law of equity and common law in the nation to be modified and developed based on the local needs. Along with this these laws need to consider the changes made in such laws in England. Though, the government of the nation is free to set their own scope for amending or repealing these two laws in the nation (Mohamad and Trakic, 2015). In the legal matter of Commonwealth of Australia v Midford (Malaysia) Sdn Bhd [1990] 1 MLJ 475, it had been established that the doctrine of crown immunity or sovereign, which had been developed in the English Common law after the year of 1956, had to apply in the nation. It was also provided that any kind of developments in the common law of England after the year of 1956 had to be applicable in the nation (Hamid and Sein, 2006). The landmark case of Smith Kline French Laboratories Ltd. v. Salim (Malaysia) Sdn Bhd [1989] 2 CLJ 228 provided that the courts had the authority of putting aside any law of equity or the common law, which could not be applied in Malaysia (Law Aspect, 2018). Another important case in this matter is that of Jamil bin Harun v Yang Kamsiah [1984] 1 MLJ 217. In this case, it was held that the courts had the authority of deciding whether there was a need to follow the federal law, or the English law, based on the situation which was present, and the scope of wr itten law permitting to do the same (Mohamed and Halim, 2018). The common law can be applied even in the absence of the local laws. The local law is given regards as is the English law. The English law would only fill up the lacuna where the local legislation was absent. Only the relevant party which suits the requirements of the locals and based on the situation present are applied. Malaysia has different races, and each one has their own customs, which are varied from the English law. Where the entire English law is imported, it would mean that the sovereignty of local race is impacted (Mustafa, 2011). To further elucidate this, reference needs to be made to Syarikat Batu Sinar v UMBC Finance [1990] 2 CLJ 691. This case had the issue of double financing taking place when the endorsement of ownership claim of first purchaser was not covered in the vehicles registration card. The first purchaser attempted to get the possession of vehicle and was sued by the plaintiff. They claimed that the defendant did not have the entitlement to this particular vehicle. The court held that under the English law, there was a need of endorsement of ownership claim in the registration card, but the laws of Peninsular Malaysia did not place any such requirement of the endorsement to be attached with the vehicles registration card. This required the law of endorsement of ownership claims of the nation applying on local situations, to be differentiated from the English law (Crown, 1991). Judicial decisions The judicial decisions have their basis on the doctrine of binding precedent. Precedents refer to the verdict given by the judges in like situations. There are two categories of precedents, i.e., mandatory and persuasive. The persuasive precents on are the ones which are relevant or useful for a specific case. These are not mandatory for the judges to apply. Further, these can be binding on the lower courts, where the judges of the higher courts decide to apply the persuasive precedent (Hamzah, 2009). The mandatory precedents the other hand become applicable where the superior court decision becomes binding on the lower courts or where such higher courts become bound by their previous rulings. Though, the decisions given by the lower courts are not binding on the higher courts. There is a need for the local courts to refer to mandatory precedents of the higher courts. Though, the higher court judges differentiate the cases before them and the cases in precedents, and can chose not to follow such mandatory precedent, where they feel that such mandatory precedents are not related to the cases put before them. This results in an original precedent being created (Hamzah, 2009). Customs Another important source of the unwritten law is the customs. These are inherited on generation basis. Every race has their customs. For instance, Hindu customs are governed by Hindu Customary Law and Chinese customs are governed by Chinese Customary Law. The natives in Sarawak and Sabah, also, have their own customary law, related to family and land matters. There is applicability of Adat on Malays, which has two kinds, i.e., Adat Temenggung and Adat Perpatih. Adat Perpatih applies to Naning and Negeri Sembilan and has its unique features like matrilineal form of organization; whilst Adat Temenggung is applicable in other states with varied features like patrilineal form of organization. Adat Perpatih is basically related to the matters of lineage, land tenure, election of members of YDP and lembaga, and inheritance. This system is based on the lineage of mothers and involves property being inherited in the names to the daughters from the mothers. Adat Temenggung follows the system based on lineage of fathers, and covers the inheritance of property from fathers to sons. With the creation of the Law Reform (Marriage and Divorce) Act 1976, the enforcement on matters of inheritance, marriage and divorce has been given to the family result. Owing to these reasons, the Hindu and Chinese customary laws have lost their effect, as being a key source of the unwritten law in the nation (Law Aspect, 2018). Islamic Law Islamic law only applies on Muslims and has been enacted through the Federal Constitution. The powers and permissions of making Islamic laws related to individuals professing Islam as religion are given to the state legislatures (Aziz, 2009). The Shariah courts administer these laws. This source of law further has two sources. The primary source is Quran, representing the word of allah, and Sunnah, which are the rules deduced from traditions; and the secondary sources are Ijma, which shows the consensus of jurists of any specific time on judicial rule, and Qiyas, which are the deductions from reasoning by analogy (Bhala, 2011). Conclusion From the discussion carried in the previous sections, a conclusion can be drawn that there are different sources of law in the Malaysian legal system. Yet, the common law continues to play a crucial role in the nation and new legislations are enacted based on the changing situations. A majority of new unwritten law have their basis in the legislation of other commonwealth nations. There is also a crucial role played by the judges in the interpretation and in giving the requisite meaning to the written words, which cannot be denied. There are other laws like the Islamic law and the customs law, which contribute as being the source of law in the nation. In case where there is a clash between two laws, the rules have been created on supremacy of particular law. All in all, the sources of Malaysian law are quite varied, which provide a diversified portfolio to the legal system of the nation. This uniqueness is then applied in making the present day laws, and in amending or repealing them . References AGC. (2006) Laws Of Malaysia. [online] Available from: https://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%2067.pdf [Accessed 07/03/18] Ahmad, S.S.S. (2018) Introduction to the Sources of Law in Malaysia. [online] Available from: https://www.nyulawglobal.org/globalex/Sources_Law_Malaysia.html [Accessed 07/03/18] Aldohni, A. K. (2011)The legal and regulatory aspects of Islamic banking: a comparative look at the United Kingdom and Malaysia. Oxon: Routledge. Atikah, S. (2018) Discuss The Legal System And The Sources Of Law In Malaysia. [online] Available from: https://www.academia.edu/28014507/DISCUSS_THE_LEGAL_SYSTEM_AND_THE_SOURCES_OF_LAW_IN_MALAYSIA [Accessed 07/03/18] Aun, W. M. (1999) The Malaysian Legal System. Petaling Jaya: Longman. Aziz, S.A. (2009) The Malaysian Legal System: The Roots, The Influence And The Future. Malayan Law Journal Articles, 3. Bhala, R. (2011)Understanding Islamic Law. Chatswood, NSW: LexisNexis. Brooker, P., and Wilkinson, S. (Eds.). (2010)Mediation in the construction industry: An international review. Oxon: Routledge. Chang, W.C., et al. (2014)Constitutionalism in Asia: cases and materials. Portland, OR: Bloomsbury Publishing. Crown, B. C. (1991) Case of The Twice Sold Caterpillar: Syarikat Batu Sinar Sdn. Bhd. v. UMBC Finance Bhd.Singapore Journal of Legal Studies, pp. 197-203. Faruqi, S.S. (2015) Constitutional Interpretation in a Globalised World. [online] Available from: https://www.malaysianbar.org.my/constitutional_law/constitutional_interpretation_in_a_globalised_world.html [Accessed 07/03/18] Hamid, A.G., and Sein, K.M. (2006) Judicial Application of International Law in Malaysia, an Analysis. [online] Available from: https://www.malaysianbar.org.my/international_law/judicial_application_of_international_law_in_malaysia_an_analysis.html [Accessed 07/03/18] Hamzah, W. A. (2009) A First Look at The Malaysian Legal System. Shah Alam: Oxford Fajar Sdn. Bhd. Hang, K.H., and Jacobson, B. (2017) How Global is the Common Law? A Comparative Study of Asian Common Law Systems Hong Kong, Malaysia, and Singapore. Asian Journal of Comparative Law. doi:10.1017/asjcl.2017.17 Harding, A. (2012)The constitution of Malaysia: a contextual analysis. Portland, OR: Bloomsbury Publishing. Jackson, A. (2006)The British Empire and the Second World War. London: AC Black. Law Aspect. (2018) Sources of Law in Malaysia. [online] Available from: https://lawaspect.com/unwritten-law/ [Accessed 07/03/18] Mathews, P. (2014) Chronicle of Malaysia: Fifty Years of Headline News, 1963-2013. Singapore: EDM. Mohamed, K., and Halim, R. (2018) Topic 2: Contract Law. [online] Available from: https://portal.unimap.edu.my/portal/page/portal30/Lecturer%20Notes/KEJURUTERAAN_BIOPROSES/Semester%202%20Sidang%20Akademik%20201520161/EUT%20440%20ENGINEERS%20IN%20SOCIETY/EUT440%20LAW%202%20Law%20of%20Contract.pdf [Accessed 07/03/18] Mohamad, T.A.H., and Trakic, A. (2015) The reception of English law in Malaysia and development of the Malaysian common law. Common Law World Review, 44(2), pp. 123-144. Mustafa, M. (2011)Environmental law in Malaysia. The Netherlands: Kluwer Law International. Noordin, S.M., and Keng, L.P. (2018) An Overview of Malaysian Legal System and Research. [online] Available from: httphttps://www.nyulawglobal.org/globalex/Malaysia.html [Accessed 07/03/18] Saha, T. K. (2010)Textbook on legal methods, legal systems research. Petaling Jaya, Malaysia: Universal Law Publishing. Sundaram, J. K. (2008)Law, institutions and Malaysian economic development. Singapore: Nus Press. Tham, C. (2007) English common law still needed. The Sun. Yap, P. J. (2015)Constitutional Dialogue in Common Law Asia. Oxford: Oxford University Press, USA.

Vitruvian Man Lab Report Essay Example

Vitruvian Man Lab Report Paper Later on, around the year 1490, the artist and painter Leonardo Dad Vinci decided to keep examining about his Statement. His famous drawing consists on a man with straight arms and legs, inside a square that is inside a circle, the exactly same idea Of Vitreous. He showed that the ideal human body fitted precisely into both a circle and a square, and he thus illustrated the link that he believed existed between perfect geometric forms and the perfect UDF'(The British Library Board). According with Natalie Holdover the circle is shown as a divine symbol and the square as the earthly symbol. This idea relates to the ancient belief that the man was a tiny expression of the entire universe, which is now called microcosm. As a class, we were asked to test the validity of the Dad Vines Vitamin man. We recorded the information of everyone from the class, measuring the length of the outspread arms, the height, the distance from the elbow to the tip of the hand and the maximum width of the shoulders. Our goal was to discover it our emissions settled with the ideal humans proportion according to Dad Vines Vitamin man. Dad Vinci explained that for a human to have perfect proportions need to follow the next criteria: the length of the outspread arms needs to be equal to the height of the man, the distance from the elbow to the tip of the hand needs to be of the height of man, and the maximum width of the shoulders needs to be % of the height of the man. After going through this whole process got into a very concise conclusion, just two people in my class have the ideal human proportions. We will write a custom essay sample on Vitruvian Man Lab Report specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Vitruvian Man Lab Report specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Vitruvian Man Lab Report specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Hungary Ramirez and Maria Smiley are the only ones who fit into the three Of the Statements made by Dad Vinci and Vitreous. As is shown on table #1 and table #2, Handcar Ramies length Of the outspread arms is equal to her height; her distance from the elbow to the tip of her hand equals a % Of her height, same situation occurs on Maria Shimmies measurements. But on the third criteria you can see there is a difference between the maximum of their shoulders and their heights a difference of 1 CM. Even though their measurements have a difference of one CM. We can still say their proportions are idea, since we are account the uncertainties of 1. Several of my other classmates followed several criteria hut at the end they didnt fit exactly, for example as its shown on table #1 and table Amanda Kauffmann length of the outspread arms is equal to her height, and her distance from the elbow to the tip of her hand sis % of her height as well, but when it cones to the third criteria, the maximum width of the shoulders isnt a 1/4 of her height. The deterrence is about to 4 CM, which is an extremely small difference, since the maximum of her shoulders is about 39 CM and the of her height is about 43 CM. Evaluation: Due to the fact that the Dad Vines Vitamin man lab demonstrated failure on the past examinations, we can feel free to assume that many errors are shown in this experiment. The first error noticed is the fact that we measured everything With a small measuring tape instead of a big measuring tape, which didnt help since we were taller and bigger than the measuring tape, so we had to use two measuring tapes added together. Using a small measuring tape to find out these measurements ended being extremely inaccurate. After data collection we were not really sure if the numbers we got were real, and probably affected a lot on the way the exults came out. The lab activity validity started to be questionable now. By the time we were looking for the four measurements needed just one group of people from the class was using a measuring tape, the rest of the class were using two small ones (so they could have the same length). The way it worked was to put one in the top of the other and then add the numbers, which was hard for the person who was measuring since he didnt have enough hands to hold the small measuring tape in the bottom, in the middle (place in which both tapes were combined) and in the top. If one of the measuring tapes we were sing (top or bottom) moved a little bit, then the whole addition will change and the final result will end being inaccurate, A proposed solution to this error will be measure all of the quantities again with a big measuring tape, in this way, we could make sure that all of the measurements are more precise and that no movement of the person with the tape was going to affect on the validity of the research. Another error noticed is the fact that you can always make a mistake with the numbers and get confused, so maybe the numbers you got arent real. A great solution to this error will be measuring at least three times each of the four acquirement, Which at the end Will give us a more specific, secure, and valid answer. If we make another two measurements and we still get different numbers, we need to keep remaking this process until we start getting the same answer over and over again after repetitive results. Another big error was noticed on the width of the shoulders measurements specifically, since some people didnt know from which to which point it was, so in that way some people got a very inaccurate difference between this number and the 1/4 of the height off man. A good example that is shown is on table #1 ND table #2, were Sabina Classical and Alberta Gonzalez got a lot of difference between this two measurements. Sprains width of the shoulders is equal to 54 CM as is shown in the first table, and the % of the height of a mans equals to 39. In the other hand, Albertson measurements also had a huge difference between them. His width to the shoulders is equal to 65, and 1/4 to his height equals to 43, SO. After inspecting those numbers we can conclude that there is an error, since the rest of the students show on table #1 and table #2 do not have a difference higher than three CM between the numbers as both of this students had. This numbers are very inaccurate since the width of the shoulders and the % of the height are suppose to be exactly the same, and this is such a huge difference. A solution to this problem could be measuring the width of the shoulders and the of height of this students again, few still get such a huge difference between both numbers, then the solution could be measuring the four principles again for this two people, at least 3 or 4 times, until the numbers we get are much more accurate. One limitation observed was the fact that most of us, the students, are still in a transitory age, Which means we are still going through the process Of evildoing physically. Since we are not entirely developed we are not a secure source to prove if this statement is true or false. Our legs are not entirely developed yet either our arms or the rest of our body. Another limitation I found was the fact that we tested the validity on man and women, which variance wasnt explain on the theory. Men and women may not have the same proportions as just man. This affected the research because women composed most of the class, so there were only two men (Alberta and Luis). The last limitation founded was the fact that this research was made hundreds ND thousands years ago by Vitreous and Dad Vinci, but with evolution human sizes may have changes and the proportions may have also changed, this effect was also reflected in the lab results.