Old common law rule

Old common law rule Introduction The old common law rule of The demise of nemo dat quod non habet that a person cannot convey a greater title than that person already has and a person holding a licence cannot convey the superior title of a lease. This old comman law rule had been followed for many years, until the House of Lords decision in Bruton. The House of Lords in Bruton held that someone with no interest in land can grant a lease provided that the exclusive possession is given in the agreement. I will explain and critically evaluate the House of Lords decision in the followings. House of Lords Decision The House of Lords took the opposite view with the Court of Appeal and held that the agreement between the Trust and Mr.Bruton was a lease. I will explain the decision below. Applying Street v Mountford The House of Lord decision in Street had been strictly applied.[1] According to Street, the agreement between the Trust and Mr.Bruton could be a lease/ tenancy if the three elements of 1) exclusive possession; 2) term and 3) rent are satisfied. The agreement permitted Mr.Bruton to occupy a flat in the block on a short-term basis for a weekly sum of ?18. The elements of term and rent are thus satisfied. Whether Bruton had exclusive possession Whether the requirement in Street can be satisfied depends on whether Mr.Bruton had exclusive possession. Although the agreement expressively referred it as a licence, it is irrelevant. Lord Hoffmann said that the language used, such as licence, is irrelevant. It is the true construction that identifies it as a lease.[2] Exclusive possession is a question of law that depends on the characteristic of the terms agreed. Lord Hoffmann said that the Trust plainly gave Mr.Bruton a right to exclusive possession and there was no suggestion on shared possession.[3] Effect of the reservation clause Although the Trust reserved limited right of entry for the purpose of inspection and repair, still exclusive possession was given to Mr. Bruton. Lord Hoffmann used the case of Westminster City Council [1992] as reference .In Westminster City, the only rights which it reserved were for itself and the council to enter at certain times for limited purposes. He further relied on the judgment of Lord Templeman in Street, and deduced that such an express reservation only further reinforced the entitlement of Mr. Bruton to exclusive possession.[4] Special Circumstances Charitable objective Could the charitable objective and the lack of interest in land of the Trust be considered to be special circumstances? Lord Hoffmann stated that the character of the landlord is irrelevant. He said that Although the Rent Acts and other Landlord and Tenant Acts do make distinctions between different kinds of landlords, it is not by saying that what would be a tenancy if granted by one landlord will be something else if granted by another.[5] Therefore, the charitable objective of the Trust did not constitute to a special circumstance. Could a landlord with no interest in land grant a lease/ tenancy The general rule is that if the landlord has no interest in land, he is in lack of capacity to grant a lease. The House of Lords relied on Family Housing Association to justify that there was no special circumstance existed for making an exception to the principle in Street. The House of Lord considered that Family Housing Association v. Jones was wrongly distinguished in the Court of Appeal. Lord Hoffmann regarded the fact in this case was very similar to that in Bruton. The crucial element is that in Family Housing Association, the grantor have no legal title, nonetheless, Slade L.J. concluded that the grantor have no legal title was not constitute an exception to the principle in Street. Therefore, the Housing Trust could grant Bruton a tenancy despite that the Trust had no interest in land. Tenancy by Estoppel MillettL.J. in the Court of Appeal said that an agreement could not be a lease unless it created a legal estate in the land which binds the whole world. He said that the only exception in this case that the grantor could grant a lease was by tenancy by estoppel. Lord Hoffmann thought that MilletL.J. was misled by the term of tenancy by estoppel that an agreement which could not otherwise be a lease or tenancy but which was treated as being one by virtue of an estoppel.[6] Lord Hoffmann and Lord Hobhouse thought that tenancy by estoppel was not a correct analysis. In this case, estoppel arises from the agreement, not the other way round. Critical Evaluation Contrary to the intention of legislation/ Parliament According to section 32(3) of the Housing Act 1985, the Council had no power to grant the Housing Trust a tenancy. Therefore the intention of the legislation was that the trust could only have the capacity to grant licence to homeless people on a temporary basis. The House of Lords decision totally ignored the intention of the legislation. The duty of a Judge is not to make law, but to interpret the intention of the Parliament. In this case, I think that the intention of the Parliament in section 32(3) is to provide temporary accommodation for homeless people through the Housing Trust by granting licence. The intention of Parliament should be supreme and should be strictly followed by the Judges. Street v Mountford should be distinguished Although the agreement expressly stated that it is in the form of a licence. The House of Lords still found that the agreement was a tenancy because the agreement grants exclusive possession to Mr.Bruton. Charitable objective of the Trust should be constituted as a special circumstance that constructs the agreement as a licence despite the rule in Street. Lord Hoffmann regarded that the charitable objective of the Trust is irrelevant and there was no distinction among other landlords. Again, Lord Hoffmann did not follow the intention of the Legislation/ Parliament. The Rent Acts and other Landlord and Tenant Acts do make distinctions between different kinds of landlords. In my opinion, the characteristic of charity does prohibit the Trust from granting a tenancy, since providing a temporary accommodation for people in need required a high degree of flexibility. Therefore a charitable trust should only grant licence rather than tenancy. The decision in Street should be distinguished due to these special circumstances. No exclusive possession I think that exclusivity of possession should be judged in an objective basis. All the terms in the agreement and the intention of the parties should be taken into account. Therefore the reservation clause should be interpreted objectively. As it was an express clause, there was strong evidence showing that the Trust intended not to give exclusive possession to Mr. Bruton. Moreover, with the right of entry is reserved by the Trust, it could hardly be concluded that exclusive possession was given to Mr. Bruton. Floodgate After Bruton, a new type of tenancy called personal tenancy is created. In Bruton, the grantor with no interest in land can still grant a lease. This decision totally departed from the old rule that a person holding a licence cannot convey a lease. After Bruton, Kay v Lambeth [2004] and London Borough of Islington v Green and OShea [2005] both confirmed that a personal tenancy could be granted by someone with no interest in land. [7] The nature of personal tenancy seems to be similar to that of a contractual licence. Unfortunately, the House of Lords did not distinguish personal tenancy from contractual licence. The result would be potentially dangerous since a licence granted by the landlord maybe eventually interpreted as a personal tenancy by court according to Bruton. A floodgate situation would be resulted, since every licensee would argue that a personal tenancy should be granted instead of a licence. Registration The personal tenancy creates no interest in land and the nature of a personal tenancy is similar to that of a contractual licence. A contracts or leases (but not oral lease) are registrable under LRO s.2 but a contractual licence is not registrable under L.R.O, s. 2.. Therefore it is doubtful whether a personal tenancy created in Bruton is registrable. Conclusion After the above analysis, I do not think that the decision of the House of Lord in Bruton is a good decision. It created uncertainty in whether someone with no interest in land can grant a lease or not. Although in Bruton, and the latter case of Kay [2004] and Green [2005] confirmed that a grantor with no interest in land can grant a personal tenancy. But the old common law rule of The demise of nemo dat quod non habet still needed to be considered. And Lord Hoffmann did not give a concrete reason on not applying the old common law rule. It also blurred the requirement of satisfying an exclusive possession. In Bruton, the tenant of the personal tenancy has enforceable rights against the landlord and against strangers,'[8] except the original grantor (the council), which has a superior title.[9] As the tenant cannot enforce his right against someone who has the superior title, the element of exclusive possession in the personal tenancy is in doubt. The House of Lords created an uncertainty in determining whether exclusive possession had been given in the assignment. Lastly, certainty in law and the intention of the Parliament should be strictly observed. And the decision of the House of Lord in Bruton disrupted the legal certainty and contravened the intention of Parliament. Therefore, it cannot be a correct decision. Per Lord Templeman in Street v Mountford, supra at p.818 Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.413 Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414 Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414 Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414 Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414 Mark Pawlowski, James Brown, Case Comment Bruton: A new species of tenancy?, Landlord Tenant Review 2000 M. Harwood, Lease: Are They Still not Really Real? (2000) 20 Legal Studies 503 at p.513 John-Paul Hinojosa, On Property, Lease, Licences, Horses and Carts: Revising Bruton v London Quadrant Housing Trust, Conveyancer and Property Lawyer 2005

Analysis of Durkheim’s “The Elementary Forms of Religious Essay

As described in Durkheim’s The Elementary Forms of Religious Life, a totem is apparent in every society. A totem is a symbolic figure of some creature, being, or thing that represents the sanctity and principle of god. Essentially, a totem is a profane, ordinary object that has been deemed by society to have some holy, sacred characteristics. With this being said, the object itself does not have any holy or sacred qualities; rather it is merely the representation of the totem that holds these characteristics. For example, if a society’s totem is a turtle then an actual turtle would merely be a turtle, but when the turtle is presented as a totemic emblem then this symbolic representation of the turtle is sacred. Durkheim argues that, because the totem is a socially constructed representation of god then the totem itself represents society as well. Durkheim makes this assumption evidently clear by stating that â€Å"the god of the clan, the totemic principle, can therefore be nothing else than the clan itself, personified and represented to the imagination under the visible form of the animal or vegetable which serves as totem. From this, one can conclude that Durkheim viewed the worship of totem as worshipping society. Durkheim goes on to make the argument that god and society are â€Å"equivalent. † God is an outside, figurative force that holds the people worshiping it to certain manners and actions. The act of worshipping said god or totem is an indication that the follow ers, believers, or worshipers are dependent upon this force to determine the actions they partake in, the behaviors they exhibit and so on. God and religion exist in order to keep people â€Å"in line† via ritualized activities and setting moral and ethical guidelines that people abide by. Society, in and of itself, possesses the same qualities. The norms and values of a society, which for the most part have been incorporated into the moral and ethical guidelines laid out in the society’s religion, are followed whether or not they are in line with the individuals intrinsic nature. Because of this characteristic, society is itself an outside force that people are dependent on, whether or not they acknowledge it. Lastly, Durkheim acknowledges that these ritualized activities and shared moral values foster the social solidarity and cohesion of society. By partaking in shared activities, whether it be the Islamic ritual of praying to Allah multiple times a day, the American tradition of singing of the national anthem before the first pitch of a baseball game, or the Catholic ritual of aking communion, we are acknowledging that we belong to a group or society. Common activities help establish what Durkheim refers to as â€Å"collective consciousness†, that is a specified set of beliefs and values that are common to members of a given society or group. Praying to the same god or praising the same society, which according to Durkheim are one in the same, encourages the development and maintenance of a collectively held set of morals, values, ethics, and belief s.

The Importance of Time in Virginia Woolf’s Mrs.Dalloway

Modern English novel Theme: â€Å"The importance of time in Virginia Woolf’s Mrs. Dalloway† As human beings, we are unique in our awareness of death. â€Å"We know that we will die, and that knowledge invades our consciousness†¦it will not let us rest until we have found ways, through rituals and stories, theologies and philosophies, either to make sense of death, or, failing that, to make sense of ourselves in the face of death. † Attaching significance to life events is a human reaction to the sense of â€Å"meaninglessness† in the world.Fearing our ultimate annihilation, we form belief systems to reassure us in the face of death. Religion provides us with elaborate rituals at times of death and faith assists believers in mourning and coping with the loss of loved ones. So without a religious foundation, where does one find solace in the face of so much pain? This is the struggle for Virginia Woolf, a self-proclaimed atheist whose life was shadowed by death from an early age. In the years between 18953 (when she was thirteen) and 1904 she lost her mother, her sister, and her father.Less than a decade later, Europe was consumed by war, and public mourning became a part of her life. â€Å"Grieving started very early in Virginia’s life, which might be one reason why her writing offers us such a forceful riposte that it should, or could, be brought to an end. † Sigmund Freud’s psychoanalytic theories profoundly changed the way we think about the mind and its subconscious workings. His work greatly influenced the way people understood mental illness and other social deviations. This is especially true during the time that Virginia Woolf was writing these novels, when his books were widely read.In Civilization and Its Discontents, Freud presents the struggle between Eros (the drive for erotic love) and Thanatos (the appetite for death) as the forces that dominate human decision-making and action. He feared that without healthy outlets for our own sexual appetites, humanity would fall to war and violence, as Thanatos wins the battle. Virginia Woolf is a perfect example of how this struggle exists in the human psyche. Her early sexual invasions damaged her sexual drive later in life. She was often cold towards her husband, unable to feel any passion for him.Her desire for death, then, may have been stronger, which would explain her preoccupation with it. Attempting suicide twice, and finally succeeding in 1941, Woolf was acutely aware of the shadow in her life. She, like Septimus the poet in Mrs. Dalloway, condemned herself to death. Responses to death are an important theme in Woolf’s literature. Mourning is a natural and necessary reaction to loss. In our minds, we must put the dead to rest, even if they still exist in our memories. Freud had much to say about this subject in Mourning and Melancholia.He wrote that it might be a response to losing a loved one, as experienced by the c haracters in these novels. It may also be a response to a threatened ideal (country, freedom, family) that may be experienced in time of war. We must, therefore, take into account that Woolf, at the time of writing these two novels, had lived through one World War. After World War I there was much sorrow in Europe. Public mourning, as mentioned, is done on a larger scale, and includes despair, overall uncertainty, and confusion.The Great War had shaken the world, leaving the survivors confused and uncertain as to how to heal the wounds and mourn for so many losses. Writing in the 1920s, Woolf was keenly aware of the mood in Europe, time for public mourning had now passed, and life continued, though radically and forever altered. The war had great impact on her writing, and on her vision of the world. â€Å"The war had taught him [Smith]. It was sublime. He had gone through the whole show, friendship, European War, death†¦Ã¢â‚¬  Death was an ever present shadow in Woolfâ€℠¢s life, but insight could illuminate aspects of life that would have otherwise been overlooked.Without religious security, the author (like the rest of us) struggled to deal with loss. Main part With the publication of  Mrs. Dalloway  (Woolf, 1996) in 1925, the modernist writer and critic Virginia Woolf released one of her most celebrated novels upon the literary world. Examining ‘an ordinary mind on an ordinary day’ (Woolf, 1948, p 189) Woolf explores the fragmentary self through ‘streams of consciousness’, whereby interior monologues are used to tell the story through the minds of the principal characters. Told through the medium of mniscient narration, this story about two people who never meet has no resolution and the characters remain where they started, locked in their own heads, in a constant state of flux. As a contemporary study of post-war Britain, however,  Mrs Dalloway  mirrors the fragmentation that was taking place within her own cul ture and society, and provides a â€Å"delicate rendering of those aspects of consciousness in which she felt that the truth of human experience really lay. † A number of themes and motifs are explored, but this essay will consider the representation of time within the novel.For Woolf, time is a device with which she not only sets the pace of the novel, but with which she also controls her characters, setting and plot. It is also used to question ‘reality’ and the effect of that on the individual characters within the story as they journey through their day. As these different modes are uncovered, psychological time will be revealed and its impact on the main characters of Clarissa Dalloway and Septimus Warren Smith will be examined. Although Woolf has rejected the linear narrative favoured by her precursors, in what she described as a queer yet masterful design, she does achieve a certain linearity.The thoughts and memories of Clarissa Dalloway, despite darting backwards and forwards through time, move towards a definite point in the future – her party. Septimus Warren Smith, on the other hand, is stuck in a time loop, living in a past that he cannot escape until the moment of his death. Mrs Dalloway  bears the hallmarks of a modernist text with its striking and experimental use of form and language. Woolf accelerates and decelerates time by way of the thoughts and emotions of her characters.The speed at which individual paragraphs move convey the emotional response of the character to the situation; when time slows, the sentences are long and languorous, but when the mood changes the sentences shrink to short declarative ones. The kinetic mode is the tempo or speed at which the character experiences a situation and the opening of  Mrs Dalloway  demonstrates how Woolf accelerates time to a fever pitch to convey the energy and restless vitality of the two Clarissa’s: Mrs Dalloway said she would buy the flowers herself.Fo r Lucy had her work cut out for her. The doors would be taken off their hinges; Rumpelmayer’s men were coming. And then, thought Clarissa Dalloway, what a morning – fresh as if issued to children on a beach. What a lark! What a plunge! For so it had always seemed to her when, with a little squeak of the hinges, which she could hear now, she had burst open the French windows and plunged at Bourton into the open air.How fresh, how calm, stiller than this of couse, the air was in the early morning; like the flap of a wave; the kiss of a wave; chill and sharp and yet (for a girl of eighteen as she was then) solemn, feeling as she did, standing there at the open window, that something awful was about to happen†¦Ã¢â‚¬  Mrs Dalloway  is set on a single day in the middle of June, 1923, in London’s West End. The time and place are fragmented by Woolf repeatedly plunging her heroine back in time to the summer at Bourton when she was a girl of 18. Hermione Lee cont ends that â€Å"the past is not in contrast with the present but involved with it†.This passage sets the scene for the dual themes of liberation and loss which are outworked through Clarissa’s rites of passage. Woolf cleverly parallels two important times of Clarissa’s life – her entry into womanhood and her descent into middle age – and establishes a link between chronological time and time of life: In the space of half a page, Woolf sets the scene for her two landscapes – a country house in late Victorian England, and a town house in Georgian Westminster. The late 1880s, when Clarissa was a girl of 18, was â€Å"a time of serenity and security, the age of house parties and long weekends in the country†.The Industrial Revolution had, by this time, transformed the social landscape, and capitalists and manufacturers had amassed great fortunes, shifting money and power to the middle classes. Social class no longer depended upon heritage ; indeed Clarissa’s own social heritage is never clearly defined. Born into an age of reform – Gladstone had passed the Married Woman’s Property Act and Engels had just published the second volume of Marx’s  Das Kapital  Ã¢â‚¬â€œ at 18, Clarissa has an enquiring mind, and despite her apparent naivety, she is questioning and absorbs the different thoughts and ideas that mark the age.Despite her naivety, the eighteen-year-old Clarissa is a vibrant young woman who is full of fun. She loves poetry and has aspirations of falling in love with a man who will value her for the opinions imbued in her by Sally Seton. Her bursting open the French windows and plunging at Bourton is a metaphor for her rite of passage from girlhood to womanhood, and she embraces the change, despite â€Å"feeling†¦that something awful was about to happen. †Ã‚   Life at Bourton was sheltered and Clarissa was protected from the decay of Victorian values; the boundaries set by her father and aging aunt, far from being restricting, allowed her a sense of freedom.Bourton and her youth therefore represent a time of liberation for Clarissa. The present mode of time is one of uncertainty, where Clarissa’s understanding of ’reality’ has been fragmented by the first world war, and where Prime Minister Stanley Baldwin – under whom her husband, Richard, serves – has been in power for just three weeks; the third British Prime Minister in a year. At 52 years old, Clarissa’s plunge into middle age is an ironic affair and the reader is given a sense that it is not the lark that she declares it to be but is rather a time for reflecting on the past.Although she still has a questioning mind, she has lost her voice, and this is symbolised by Woolf’s use of interior monologue. Her home in Westminster, where her bed is narrow and â€Å"the sheets†¦tight stretched in a broad white band from side to side† theref ore represents a time of loss. As a young woman Clarissa had been avidly pursued by Peter Walsh whose marriage proposals she rejected on account of his stifling her. Marriage to Richard was meant to have given her some independence, yet the middle-aged Clarissa is like a caged bird, repeatedly depicted as having â€Å"a touch of the bird about her, of the jay, blue-green. This day is significant to her in that it represents her breaking out of that cage, her ‘coming of age’, and by buying the flowers herself she is asserting her independence and re-gaining control of her life. Despite the ordinariness of her day, Clarissa (in contrast to the feeling she experienced as she plunged through the windows at Bourton) feels that something important is about to happen to her and she receives the morning â€Å"fresh as if issued to children on a beach. † The mature Clarissa has become compliant and her spirit and idealism have been tamed, her passion for life and love qu enched.This attitude reflects the spirit of the modernist age where there is a national lack of confidence in God, in government and in authority following the slaughter at the Somme. Clarissa’s party is her opportunity to unmask her real self to the world. However, she wastes the opportunity by indulging in superficial conversation with people who do not matter to her. This suggests that the real Clarissa has been left behind at Bourton; that the young woman plunging through the squeaky French windows, filled with burgeoning hopes for the future, is the real Clarissa Dalloway.The only time we glimpse her as a mature woman is when she briefly speaks with Peter and Sally at her party. The most obvious representation of time in  Mrs Dalloway  is ‘clock time’. Various clocks are present throughout the novel, including Big Ben, St Margaret’s and an unnamed ‘other’ who is always late. How the character experiences clock time†¦is rendered b y Virginia Woolf as a sensory stimulus which may divert the stream of thought, summon memory, or change an emotional mood, as do the chimes of Big Ben and St Margaret’s throughout Mrs Dalloway.Thus clock time is metamorphosed into feeling and enters consciousness as one more aspect of duration. Accurate to within one second per day, its importance in the novel can be in no doubt. It makes its first appearance early on in the novel as Clarissa leaves her Westminster home. Jill Morris asserts that: When Big Ben strikes, those who hear are lifted out of their absorption in daily living to be reminded of this moment out of all the rest. This is demonstrated by Clarissa who, in the middle of ruminating about her life as she waits to cross the road, becomes suddenly aware of: â€Å"a particular hush, or solemnity; an indescribable pause; a suspense†¦before Big Ben strikes. There! Out it boomed. First a warning, musical; then the hour, irrevocable. The leaden circles dissolved in the air. † Not only do we anticipate the sound of Big Ben, but when â€Å"we hear the sound†¦we have a visual picture of it in our imaginations as well†.The musical warning is the ‘Westminster chime’ – originally the ‘Cambridge chime’ – that plays out before the hour ‘irrevocably’ strikes. Composed in 1859 by William Crotch, it is based on a phrase from Handel’s aria â€Å"I know that my Redeemer Liveth†. The irrevocability of the hour refers to the passing of time and its ephemerality. Once an hour has been spent there is no reclaiming it. This is linked with Clarissa’s obsession with death – that each tick of the clock brings her closer to her eventual demise – and foreshadows her relationship with her double, Septimus.Just as Big Ben strikes at significant moments in the book, so St Margaret’s languishes: Ah, said St Margaret’s, like a hostess who comes into her drawing-room on the very stroke of the hour and finds her guests there already. I am not late. No, it is precisely half-past eleven, she says. Yet, though she is perfectly right, her voice, being the voice of the hostess, is reluctant to inflict its individuality. Some grief for the past holds it back; some concern for the present.It is half-past eleven, she says, and the sound of St Margaret’s glides into the recesses of the heart and buries itself in ring after ring of sound, like something alive which wants to confide itself, to disperse itself, to be, with a tremor of delight, at rest – like Clarissa herself†¦It is Clarissa herself, he thought, with a deep emotion, and an extraordinarily clear, yet puzzling, recollection of her, as if this bell had come into the room years ago, where they sat at some moment of great intimacy, and had gone from one to the other and had left, like a bee with honey, laden with the moment.The bells of St Margaret’s â⠂¬â€œ the parish church of the House of Commons – symbolise, to Peter Walsh, Clarissa. At Bourton he had condescendingly prophesied that â€Å"she had the makings of the perfect hostess†, and, indeed, Clarissa spends the entire novel preparing for her party. That evening he observes her â€Å"at her worse – effusive, insincere† as she welcomes her guests. The gulf of time has brought out the worst in Peter and he is still bitter about Clarissa’s rejection of him, despising her life with Richard.These feelings are forgotten, however, once St Margaret’s begins to strike, and he is filled with deep emotion for her. The other clock is unidentifiable, a shambolic stranger following on the heels of the eminent Big Ben and elegant St Margaret’s: †¦The clock which always struck two minutes after Big Ben, came shuffling in with its lap full of odds and ends, which it dumped down as if Big Ben were all very well with his majesty laying dow n the law, so solemn, so just†¦.Woolf wrote of  Mrs Dalloway  that â€Å"the mad part tries me so much, makes my mind squirt so badly that I can hardly face spending the next weeks at it†. One way that she deals with this trial is in her treatment of the late clock. It sounds â€Å"volubly, troublously†¦beaten up† reflecting the state of mind of the neurasthenic Septimus who â€Å"talks aloud, answering people, arguing, laughing, crying, getting very excited†¦Ã¢â‚¬  The ‘otherness’ of this clock defines its strangeness, with its perpetual lateness and shuffling eccentricities being used as a metaphor for insanity, and therefore, for Septimus.Just as Clarissa and Septimus never meet neither do Big Ben and the ‘other’ clock – they are out of synch and their relationship is notable only for the difference between them. As Clarissa Dalloway spends the day preparing for her party, so Septimus Warren Smith spends it prepa ring to die. There are allusions to his impending suicide and time of his death throughout the novel, and even his name – which means ‘seventh’ or ‘seventh time’ – implies that the prophetic relationship between the man and his death is controlled by time.This was now revealed to Septimus; the message hidden in the beauty of words. The secret signal which one generation passes, under disguise, to the next†¦Dante the same†¦ In his insanity, Septimus likens himself to Dante who travelled through the three realms of the dead during Holy Week in the spring of 1300. The seventh (Septimus) circle of ‘the violent’ is divided into three rings, the middle ring being for suicides who have been turned into rough and knotted trees on which the harpies build their nests.His affinity with trees throughout the novel suggests that they have become anthropomorphic to Septimus and he looks forward to the time when he will become one himse lf. Cutting one down is, he considers, equivalent to committing murder, an action that will be judged by God. Septimus’s contemplation of suicide is therefore a consideration of timelessness and eternity. He can condone the taking of his own life because he views it as an opportunity to take control of his destiny, to move into a realm of timelessness where there is no death: A sparrow perched on the railing opposite chirped.Septimus, Septimus, four or five times over and went on drawing its notes out, to sing freshly and piercingly in Greek words how there is no crime and, joined by another sparrow, they sang in voices prolonged and piercing in Greek words, from trees in the meadow of life beyond a river where the dead walk, how there is no death. Septimus’s transition from time to timelessness is finally accomplished when, in a moment of insane panic, he plunges out of his window and onto Mrs Filmer’s railings. For Rezia this symbolises a plunge into widowhood and the beginning of a new time of her life.Woolf understood that the most dramatic way of entering a character’s consciousness is through time, as it is intimately connected with the ‘moment of being’ and the way that the character understands it emotionally. Entering Rezia’s consciousness in this way and rendering time in emotional duration rather than clock time intensifies its impact and heightens the response of the reader. In clock time, the span of that moment of being is measurable in hours, minutes and seconds, but when experienced emotionally the past and future become entwined with the present and make up the ‘now’.It seemed to her as she drank the sweet stuff that she was opening long windows, stepping out into some garden. But where? The clock was striking – one, two, three: how sensible the sound was; compared with all this thumping and whispering; like Septimus himself. She was falling asleep. But the clock went on strik ing, four, five, six, and Mrs Filmer waving her apron (they wouldn’t bring the body in here, would they? ) seemed part of that garden; or a flag. She had once seen a flag slowly rippling out from a mast when she stayed with her aunt at Venice. Men killed in battle were thus saluted, and Septimus had been through the War.Of her memories, most were happy. For Rezia, then, time slows right down at the moment of Septimus’s suicide and it has a dream-like quality that mirrors her shock and grief. The sound of the clock striking six fixes her into the present, but her sedated mind wanders through fragmented images of a garden, a flag she had once seen when on holiday, the War. In her response to grief, real time is suspended, yet she is still aware that Septimus is dead, and she worries that his body might be brought into her bedroom. Instead, it is, figuratively, brought to Mrs Dalloway’s party by the Bradshaws.Clarissa’s response to the news is to imagine how it felt, that moment of being that was Septimus’s death: Always her body went through it, when she was told, first suddenly, of an accident; her dress flamed, her body burnt. He had thrown himself from a window. Up had flashed the ground; through him, blundering, bruising, went the rusty spikes. There he lay with a thud, thud, thud, in his brain, and then a suffocation of blackness. So she saw it. Just as Septimus had imagined himself as Dante travelling through hell, so too does Clarissa have apocalyptic imaginings which are stirred by the news.Her dress flames and her body burns as, in her imagination, she journeys into the eternal flames. The thud that she imagines in Septimus’s brain mirrors the ticking of a clock and measures out his last moments on earth. The image has a profound psychological affect on Clarissa who suddenly recognizes that she is like him – that he is her double. Her moment of epiphany enables her to both appreciate her life and lose the fear of death that has impeded her for so long. As Big Ben strikes for the last time in the book, the identification between Clarissa and Septimus is complete: She felt somehow very like him – the young man who killed himself.She felt glad that he had done it; thrown it away while they went on living. The clock was striking. The leaden circles dissolved in the air. Mrs Dalloway  is an exploration of the human condition through the medium of time. Using a fragmented discourse that reflects the changing society that was post World War 1 Britain, Virginia Woolf involves the past with the present and suggests that time exists in different forms. In the external world it is ordered chronologically and she uses it to portray a vivid impression of London society life in the 1920s.Its passing is marked by the great clocks of Westminster and the leaden circles of Big Ben are a constant reminder to Clarissa of the pulse of life itself. Kinetic time and clock time are therefore inext ricably linked. Perhaps more importantly, however, is the suggestion that time also exists in the internal world as a ‘moment of being’, which Woolf develops through the medium of interior monologue. The principle characters – Clarissa, Peter, Septimus and Rezia – are defined by their response to time, and, as the novel draws to a close, there is an awareness of the past and present converging.This creates an impression in the reader that they are reading a news report or a ‘fly on the wall’ documentary. Conclusion To sum up. Woolf suggests that  time  exists  in  different forms. It exists  in  the  external world, but also—and perhaps more importantly—in  our  internal world. Her description of  the  loud and rushing civilization suggests that we push ahead  in  the  name  of  progress, without fully appreciating  the  moment. Through  the  character  of  Clarissa, Woolf challenges  the  usual definition  of  success.Perhaps we need not leave some magnificent gift behind  in  the  form  of  a building or a concrete art piece. Instead, maybe it is  how  we live our lives and our appreciation for  the  present that are truly more powerful and eternal. The  small gifts we  offer others, like bringing people together through a party, can touch people differently than a monument. Virginia Woolf’s message about  time  should be heeded. Our rush to leave a dramatic mark  in  the  world leads to further destruction. Tension abounds  in  our modern world as we create technology to  increase our efficiency.Our civilization tends to see scientific and monumental achievements as  the  most valid measures  of  an  individual’s success. However,  in  the  process, our communities disintegrate. More and more people complain  of  feeling alienated. The  evidence surrounds us. The  internal  ti me  that allows us to slow down and be  involved with people finds itself dominated by external societal  time. Some might find Clarissa  Dalloway’s gift to  the  world to be trivial. However, we need  individuals with  the  ability to pull people together—people with  the ability to create community where it no longer exists.

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Similarities and Differences in Shirley Johnsons The...

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Essay on The Benefits of Organic Produce - 1208 Words

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Case Study negotiation & Conflict Management Guarded Neighbourhoods

Question: Discuss about the Negotiation and Conflict Management for Guarded Neighbourhoods. Answer: 1: Analysis of case study and evaluating conflicts Conflict faced by the people of Kuala Lumpur Payment for security guard- The guarded neighbourhoods have become a trend in Kuala Lumpur. The residents have put a lot of efforts for implementing a scheme for increasing their safety and security (Acharya, 2014). However, the security guards are the local goons who forced people to pay them money for protecting their lives from these guards only. Security guards consist of gang members- The Malaysian security services have admitted themselves that the security companies are supported by gangs. Many of the residents associations are being guarded by the gang members, thugs or ex-convicts (Altmae et al., 2013). Forcing people for continuing the services- These associations have been forced to continue with this service and pay them unless they do not want these criminals and gang members to cause any trouble to them. Hence, it has caused the people of Kuala Lumpur with huge loss of money and resources. These groups fight among themselves to prove their supremacy over rival group (Antia et al., 2013). These fights result in injuring many people and even death on several occasions. Fight among rival turfs- There has been a case of recent fights or turf wars among these gangs in Bandar, Klang and Bukit Raja. Someone from one of these associations have even commented that the reason for hiring these gang members for security guard is their low rates (Atorough Martin, 2012). Some of them even broke gate of the guard post of one of the resident while fighting. The people are facing problem while getting rid of these people. Gangs are expanding territory- The gangs are even expanding their boundaries for gaining more and more profit. Each of the housing area in Kuala Lumpur is expending RM2000 on these gang controlled security system (Conine Leskin, 2016). These companies hire the criminals, gang members and ex-convict because they are cheaper than the trained armed guards. They charged almost R5 hourly but they are not efficient. 2: Effect of conflict on the society of Kuala Lumpur Conflict has a severe effect on human society and despite many affects for resolving the conflict; it has a very crucial impact on the human society. Distracting people from their objective: Conflict has caused distracting groups and individual from their central goal. It would let them with less time for doing their activities (Day, 2015). The conflict involves heavy and contentious tactics for affecting human individual. It has caused hazard for the gangs and criminals as well as the people residing in the area. Their time and resources would get wasted from this diversion. Hence, the security guards are the local goons who forced people to pay them money for protecting their lives from these guards only. The residents associations are being guarded by the gang members, thugs or ex-convicts. Disrupting normal lives of people: Conflict can have both short and long time effect on the humans. It hampers the psychological and physical condition of the people of Kuala Lumpur (Gross et al., 2016). The long term effect on mind of people would cause permanent effect on their coping mechanism. These type of conflicts causes minor shock on the people and results in long and detrimental effect on the people. The long lasting effect of these conflicts not only affects the individual capital but also affects the educational outcome, health situation, and market condition of Kuala Lumpur. It also results in destructing the infrastructure of operations. Intergroup tension: Conflict not only hazards the people of Kuala Lumpur physically but also causes creating trauma over the people. The unchosen trauma could be transmitted to future generations (Huang et al., 2016). The rivalry and conflict of gang members can transfer from one generation to other. It would cause various changes on both the parties. The people would overlook on the fact of the peace matters. People would care about their life and security rather than their neighbours. The absence of peace and satisfaction among humans would result in growth of disorientation among the persons of Kuala Lumpur. Increased bitterness: Conflict causes the increase in the bitterness among the people. The people facing problems due to the conflict among these groups have caused bitterness among people against these gangs (Moore, 2014). The bitterness and hatred among people would be increased. It has caused the people of Kuala Lumpur with huge loss of money and resources (Ofori, 2013). These groups fight among them to prove their supremacy over rival group. Bloodshed and Conflict: The destruction and bloodshed among the gang members have been caused due to these conflicts. It has caused disruption in the normal lives of the people (Ofori, 2013). The tension and trauma has been observed in the lives of people of Kuala Lumpur. They would form bitterness with the gang members who would charge them with money as protection money. The resources and conversations would become limited and it would form a foster sense of aloofness from the other. The exposure to the gang conflicts and turf wars would result in damaging the daily life of the people. Hence it can be said that the effect of these conflict over the society of Kuala Lumpur is very hazardous. The society of the Kuala Lumpur has to face various situations for proper functioning of their society (Pines et al., 2014). The society of the place would have to face situations like distracting people of Kuala Lumpur from their objective, disrupting normal lives of people, intergroup tension, increased bitterness, and bloodshed and conflict. All these issues have to be dealt by the people and hence it would cause growth and hatred in the people. 3: Explaining the Thomas Kilmann model for conflict management Thomas Kilmann modes for resolving conflict in Kuala Lumpur The Thomas Kilmann modes for conflict management are a tool that is widely used for helping people in understanding the different styles of conflict handling. The five modes of Thomas Kilmann Conflict Modes are competing, compromising, collaborating, avoiding, and accommodating. The modes of Thomas Kilmann have become very popular for conflict management. It has helped in facilitating the use of five situation specific style for managing the conflict effectively. The Thomas Kilmann mode would be helpful for conflict management in the guard security of Kuala Lumpur. The four factors of Thomas Kilmann are assertiveness, unassertiveness, cooperative, and uncooperative (Acharya, 2014). Hence, from the figure the three modes that can be useful for solving the problems of guard in Kuala Lumpur are accommodation, competing and compromising. Figure 1: Thomas Kilmann conflict modes (Source: Ofori, 2013, pp- 500) Accommodation Definition- Accommodation is unassertive and cooperative and it is completely opposite to the competing (Tan, 2016). It has an element of individual neglecting for satisfying the concerns for yielding anothers point of view. It refers to the adjustment of problems. The people would be largely benefited by the implementation of this mode. In this mode the people have to frequently use it for adjusting to the conflict style (Altmae et al., 2013). The styles of the personal beliefs, values and motives push the people for consistent conflicting. The accommodating would help in acceding with the other party. Explanation- The people would have to accommodate the situation for maintaining the harmony of the place. The situation had been very hard for the people of Kuala Lumpur (Antia et al., 2013). The people would have to accommodate to the current situation. The gangs would have to accommodate to the situation of the problem. The resident association and security services association in Malaysia could implement the accommodation for forming balance in between the assertiveness and cooperativeness. Accommodation would help in forming and focusing on the needs of others and form a mutual relationship in between (Atorough Martin, 2012). The people of RA and PPKKM would look after each other and form a party. They maintain harmony and mutual relationship for forming the assessing the relation. It forms the positive cooperativeness and negative assertiveness. Accommodation mode is helpful in assessing a wide range of application for conflict management, team building, leadership development, performance improvement, stress reduction, and retention. It would play an important role for identifying the various conflict handling styles for choosing appropriate style relevant to any situation (Trippe Baumoel, 2015). It improves team functions by motivating members for reconciling differences and working as a team. Example- Suppose there is flat and two people who want the same flat. It would give rise to conflict among them for procuring the place. However, if they share the flat using accommodative conflict management, it would help both of them to sort out their problem. Competing Definition: In competing, the mode is assertive and very uncooperative. It can also be termed as power oriented mode of conflict management (Prenzel Vanclay, 2014). Competing means standing against other for ones right. The person has to pursue his or her individual concern even at others expense. They have to defend their position for only wining the situation. Explanation: The competition would be helpful for removing the uncertain and gang security system of the Kuala Lumpur. The people would be assertive for dealing with the security guard issue of the Kuala Lumpur (Conine Leskin, 2016). Competing mode would be helpful for taking stern decisions against the ill treatment by the gang members and criminals. The competing would mean to distinguish their needs with the greed of the gang members. The competing nature of the mode is highly assertive and not at all cooperative. The competitive mode of model would be highly partiality (Day, 2015). The sum orientation of the operations would be with highly struggle. The resident association and PPKKM would stick to their own ways for gaining profit. The system would be highly competitive and it would result in chaos and problem. Each of the party would be sticking to their own ideal and they would convince other for agreeing to their terms. The individual attempts for working in collaboration wi th the other people for forming the fully satisfaction of the individual (Redpath et al., 2013). They struggle to form supremacy over the other party. Its a win or lose situation for them. Anyone would have to win and other would have to loss. Example- In an exam, all the students compete against each other for securing the top most position. It is a form of healthy competition and only one of them would win in the case. Hence, competing against each other for proving their superiority would also help in ending the conflict. However in most cases its results are not healthy. Compromising Definition- Compromising is an intermediate form for finding the expedient for splitting the differences, concessions and middle ground position. It does not help in addressing the conflict. The diplomatically form of sidestepping in the issue and it postponing the issue for a better time of solution. The people would have to compromise with the situation and form balance in between the situations that has been arisen (Gross et al., 2016). The people have started to feel hatred and bitterness against the situations of the Kuala Lumpur security system. Explanation- It is an intermediate form in between assertiveness and cooperativeness. Compromising refers to the situations where both the parties understanding the issues and form an intermediate decisions that favour both the level. The resident association and PPKKM would have to form a minimally acceptable layer for all parties. Compromising means to form a middle situation that could be acceptable for each of them (Huang et al., 2016). It is a minimally acceptable situation for both the parties. In this situation, both the party would compromise at some level. Hence they would form a intermediate form for compromising. Both the parties talk and came to a mid-strategic level where they would select some of the parts from each party. The two persons might take each others sight for resolving the competing and confronting. It would help in procuring one on one and also group discussion. Hence, it would be able to eliminate any chances of miscommunication (Tedong et al., 2014). It e nhances leadership for managing the conflict by effective skills of action. It would help in overcoming the barriers that may hinder the progress and performance. The stress can be reduced by using the modes of this model (Wolff Yakinthou, 2013). It gives people a chance for overcoming the workplace stress by giving them the right tools and capacity. Example- In the case of mutual settlement of court cases, both the parties have to compromise some of their demands for forming a pact that could be acceptable by both of them. References Acharya, A. 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Successfully managing conflict.Leading and Managing Health Services: An Australasian Perspective, 273. Gross, M., Wallace, M., Adair, W., Neuman, E., Aarts, N., Ayoko, O., ... Amsler, L. B. (2016). Negotiation and Conflict Management Research. Huang, W., Lu, T., Zhu, H., Li, G., Gu, N. (2016, February). Effectiveness of Conflict Management Strategies in Peer Review Process of Online Collaboration Projects. InProceedings of the 19th ACM Conference on Computer-Supported Cooperative Work Social Computing(pp. 717-728). ACM. Moore, C. W. (2014).The mediation process: Practical strategies for resolving conflict. John Wiley Sons. Ofori, G. (2013). Conflict in construction.Construction Management and Economics,31(5), 497-501. Pines, E. W., Rauschhuber, M. L., Cook, J. D., Norgan, G. H., Canchola, L., Richardson, C., Jones, M. E. (2014). Enhancing resilience, empowerment, and conflict management among baccalaureate students: outcomes of a pilot study.Nurse educator,39(2), 85-90. Prenzel, P. V., Vanclay, F. (2014). How social impact assessment can contribute to conflict management.Environmental Impact Assessment Review,45, 30-37. Redpath, S. M., Young, J., Evely, A., Adams, W. M., Sutherland, W. J., Whitehouse, A., ... Gutirrez, R. J. (2013). Understanding and managing conservation conflicts.Trends in Ecology Evolution,28(2), 100-109. Riasi, A., Asadzadeh, N. (2015). The relationship between principals reward power and their conflict management styles based on ThomasKilmann conflict mode instrument.Management Science Letters,5(6), 611-618. Tan, T. H. (2016). Residential satisfaction in gated communities: Case study of Desa Park City, Kuala Lumpur, Malaysia.Property Management,34(2), 84-99. Tedong, P. A., Grant, J. L., Aziz, W. N. A. W. A. (2014). The social and spatial implications of community action to enclose space: Guarded neighbourhoods in Selangor, Malaysia.Cities,41, 30-37. Trippe, B., Baumoel, D. (2015). Beyond the ThomasKilmann Model: Into Extreme Conflict.Negotiation Journal,31(2), 89-103. Wolff, S., Yakinthou, C. (Eds.). (2013).Conflict management in divided societies: theories and practice. Routledge.