Response to Michael McCant

My take on the various responses that Michael McCant provided on the various property issues that Barney is facing is discussed here below.

Mountain Property – Foreclosure

I agree with Michael McCant that Barney’s claim to the land being “sole owner” of the land in North Carolina cannot hold in a court of law. According to Segal (1998) an individual who owns an asset jointly with others in a joint tenancy with right to survivorship can actually bequeath his share of the estate to his dependents in a will.  In this matter therefore Andy was right in passing his share of the mountain property to Opie in his will. The bank’s security interest however is up to the extent of Opie’s share in the property (Adams, 1999).    Once the Bank disposes of the property after the foreclosure, it can only take Opie’s share of the property proceeds and hand over the rest of the proceeds to the other tenants or their beneficiaries. Barney in this case has two options he can pay off Opie’s loan and take over his share in the property or he can allow the bank to foreclose the property and wait for it to sell and give him his share of the proceeds. The bank in this case will only take the share that represents Opie’s claim in the property (Adams, 1999).
Mountain Property – Ernest’s Claim to the land

According to adverse possession laws of North Carolina, Ernest can actually claim ownership of the mountain property. Adverse possession applies if an adverse use tenant is wrongfully using an owner’s property without his permission, and uses it for a period of 20 years or more. The claimant must have used the property openly, notoriously and continuously during the entire period such that the public actually believes he is the real owner.  He must also use the property in a manner that the owner could have used it (Weinberger & LeGrand, 2009).  He must have also exhibited hostile use of the property. For Ernest to claim ownership based on hostile use he must pass the trespass test which seeks to test whether the claimant acted with the deliberate intent to obtain the property knowing another person owns it.  Ernest had put up a structure on the property and had lived on it for over 20 years which is a manner of use that Barney could have done if he had been occupying the property. Ernest had lived on it openly, notoriously and continuously for over 20 years without interruption. The neighbors must have taken it that Ernest owned the property which is another factor for adverse possession claim in favor of Ernest (Weinberger & LeGrand, 2009). He passed the trespass test when he shot at Barney and demanded he leaves his property. In actual sense Barney stands no chance in court against Ernest in an adverse possession claim case. The only option for Barney is to wait for the Bank to foreclose on the property and then contact it to pay off Opie’s loan and then take over the property from the bank in a new deal ( http://www.ehow.com/info_8410328_adverse-possession-north-carolina.html#ixzz2lqiVaHwO)
Beach Property – Eminent Domain

According to the Fifth Amendment to the Constitution, the government can take land owned by a private citizen for public use. Barney should investigate the economic case surrounding the new proposed resort to find out whether it has any public benefit. If the resort will be for the public good then he can accept the compensation package. However, it is not clear from the write up that the town is facing serious economic crisis or high unemployment levels (Michael and R, 2005). This is unlike the case of Kelo v. New London, where New London was facing economic crisis which included very high levels of unemployment which the proposed development was poised to resolve and therefore this justified use of eminent domain to acquire private land belonging to Kevo and others (Michael and R, 2005). In the event he finds out that the resort will only confer private benefit to Nickelodeon Family Resort and not to solve a long standing public malaise then Barney can move to court to stop takeover of his property (Michael and R, 2005).

Vehicle – Theft –I concur with Michael McCants report on this one

According to Posch (1994) Barney cannot sue Le Nez restaurant on the claim that its former employee stole his car. Even though bailment took place when he entered the restaurant, the restaurant cannot be held liable for the car theft. The only remedy that Barney has is to approach his insurance company so that it can compensate him.
Vehicle – Recovery of stolen property- I agree with Michael McCants report on this one also

According to the Good Faith Purchasers for Value, the man who acquired the car at the car show and paid $5,600 owns it legally. In the case of Philllps v. Phillips, 4 D., F. & J. 208, a purchaser is not held liable of any offence if he purchases a property in good faith. It rightly belongs to him. Barney in this case can only repossess his former car from the man in an out of court settlement in which he reimburses the man the $5,600 since the man is the legal owner of the car at that point in time and not Barney. Going to court would be useless.  (http://www.mindserpent.com/American_History/reference/1914_Bouvier/purchase_for_value.html).

Summary and Spiritual Perspective
            To summarize, Barney legally would lose the mountain property if he decides to contest Ernest’s claim of adverse possession in court but could get it  by agreeing to pay off Opie’s loan in an out of court settlement if the bank manages to foreclose on it. He could lose the beach property but get a good compensation for it at the prevailing rates.

From a spiritual perspective Barney should seek an amicable solution with Ernest. The Bible in Romans 12:18 encourages believers to live at peace with everyone as along as it depends on them.  Barney should try and get Ernest to a negotiating table where he could urge him to agree to jointly pay off Opie’s loan and enter into a new joint tenancy with right of survivorship with him since the other claimants in the former agreement had passed on.
References

Adams, R. M. (1999). Joint tenancy: The ties that bind. Trusts & Estates, 138(12), 74-75. Retrieved from http://search.proquest.com/docview/229813325?accountid=45049

http://www.ehow.com/info_8410328_adverse-possession-north-carolina.html#ixzz2lqiVaHwO

http://www.mindserpent.com/American_History/reference/1914_Bouvier/purchase_for_value.html

Michael Corkery and, R. C. (2005, Aug 03). Eminent-domain uproar imperils projects. Wall Street Journal. Retrieved from http://search.proquest.com/docview/398978118?accountid=45049

Posch, R. (1994). Bailments – A practical legal area. Direct Marketing, 57(8), 52. Retrieved from http://search.proquest.com/docview/212758275?accountid=45049

Segal, M. A. (1998). Joint tenancy with rights of survivorship. The CPA Journal, 68(7), 34-

7. Retrieved from http://search.proquest.com/docview/212278950?accountid=45049

Weinberger, A. M., J.D., & LeGrand, L. E., J.D. (2009). Adverse possession claimant must

improve, cultivate, or enclose the land sought. The Appraisal Journal, 77(4), 301. Retrieved from http://search.proquest.com/docview/199945683?accountid=45049

 

An assessment of the system of financing public universities in England

Introduction

University education in England like in other parts of the world faces a lot of challenges. These challenges include financing challenges, inadequate student support especially from poor and disadvantaged backgrounds and worries about falling standards (WOLF, 2001). Financing of public universities is largely regressive since beneficiaries are from well-off backgrounds whereas funding is drawn from general tax payers many of whom have not studied and will never study at these public universities (BARR, 2005). After decades of increasing government funding, financing of public universities in England was virtually nationalized in 1987 by the Education Reform Act of 1987. This act introduced centralized planning in public university financing (BARR, 2005). It introduced a student loan and grant scheme and to finance university tuitions fees and meet living costs. The loan and grant scheme was mainly to be managed by the Student Loan Company (SLC).

Current Status

University education is an important ingredient in the economic growth of a country and is also a major determinant of a person’s chances of improving his/her standard of living. University education is costly and is one of the areas targeted for the current budget cuts. The main goals of the government in university education have been enhancing quality, access (especially among the disadvantaged) and affordability (HALL, 2011). Higher Education Funding Council for England (HEFCE) is the body mandated by the government to allocate funding to public universities. Government funding to public universities is aimed at supporting quality and diversity in teaching and learning, enhancing student retention and participation and enhancing activities geared at knowledge exchange. The financing is also aimed at enhancing the universities ability to play a leadership role in world class research (HALL, 2011).

The overall government support to public universities is in form of direct government grant funding and publicly funded student loans. Going forward the government plans to reduce HEFCE funding for teaching and increase public universities income through tuition fee loans(BARR, 2005). The government intends however to continue funding research that has strong economic significance through the UK Research Partnership Investment Fund. The current financing which is planned centrally imposes a standard fee for all courses of a maximum of £3,000, student loans that cover up to the full fee and some living costs and grants that meet the needs of the disadvantaged students. The new dispensation will see student paying loans of between £6,000 to £9,000 due to increase in tuition fees (BARR, 2005; HALL, 2011). Students will be able to access these loans from Student Loan Company (SLC) which is the institution that has been processing student financing requirements inform of loans. The government provides interest rate subsidies and even writes off loans that remain outstanding for some time (BARR, 2005).

 Merits of the current system of financing public universities

The current system of financing has many merits which include affordability and accessibility. Since students tuition fee is set at a certain upper limit then students from poorer backgrounds can be able to undertake courses that they could otherwise been unable to afford. If variable fees are set then some courses will be out of reach of students from poorer backgrounds even if they are talented (BARR, 2005). The current system in which students pay loans after they start earning enables them to access university education for “free” initially. Students are even given grants and/or loans by the Student Loan Company that meet their living expenses while at the universities. This enables students from traditionally disadvantaged backgrounds to access university education (BARR, 2005).

If the universities demanded upfront tuition fee payment before joining university many students from poor backgrounds would not have been unable to access university education. The other merit of the system is expanding access to university education. Due to provision of loans to students from poor backgrounds to pursue university education enrollment to university institutions has skyrocketed over the years (WOLF, 2001). This would not have been possible had the government withdrawn funding to public universities. Many of the universities have been able to enhance tuition facilities by putting up new tuition blocks and upgrading existing facilities to be able to handle larger numbers of students (BARR, 2005).

Increased university enrollment of students from poor backgrounds has also reduced income inequalities. This is due to the fact that university graduates are able to get high paying jobs which increase income levels among the poorer households and help to reduce income inequalities (WILLIS, 1982). Chronic income inequalities are known to cause social tensions, increase in social vices and ultimately social unrest and revolutions like was recently witnessed in northern African countries of Tunisia, Libya and Egypt. The current system of financing university education therefore improves disposable incomes among the poorer and more populous households which increase consumption levels in the country (RUSSELL, 2008). This has the effect of increasing demand of goods and services which ultimately has positive benefits to the economy. These benefits include increased gross domestic product, increase in foreign direct investment levels, high levels of new capital formation and reduction in unemployment levels (RUSSELL, 2008).

The current system enhances affordability and increases access to university education. According to generally known laws of economics once prices fall demand increases and vice versa. The new funding dispensation which is going to see government funding reduce and tuition fees increase will still not hamper access and affordability (RUSSELL, 2008). This is so because students aspiring to join public universities will still access loans and grants from Student Loan Company to pay the increased tuition fees and meet living expenses while at the universities. The changes will still ensure students still enjoy free university education “initially” since they will be required to pay the loans after they complete university and get into employment (The Economist, 2010). Even then those graduates who will be unable to service their loans for a period of about 25 years will still have their loan balance forgiven.

Students will still be benefiting from interest rate subsidies from the government which will save them from the effects of inflation rate fluctuation. Students will still benefit from a waiver of the effects of time value of money on their loan balances. This is because at the time they start repaying their loans the value of one sterling pound at the time they were given the loan will not be equivalent the value of a sterling pound at the time of repaying the loan (WOLF, 2001). The loan will be much less in real terms at the time of repaying the loan due to effects of inflation on the value of money. The current system ensures students loans repayments are Income-contingent in nature (The Economist, 2010). The loan repayments are calculated at a certain percentage of the borrowers’ subsequent earnings which are collected together with income tax. These loans have built-in insurance which cushion the borrowers’ in the event they are unable to repay.  This greatly eases the effects of the loan burden on the student’s future earnings.  Borrowers are also protected against making unsecured loans since the loans are collected alongside income tax (BARR, 2005; WOLF, 2001).  The government therefore aids borrowers in paying their loans by providing an easy system of loan repayment of the student loans. These loans are a form of affirmative action for disadvantaged groups in the society.  The loans and grants are large enough to ensure they cover the entire fees and living costs which in effect make higher education free at the point of utilizing the funds (BARR, 2005).

Demerits of the current system of financing public universities

Notwithstanding the seemingly plausible benefits enumerated above, the current system suffers from serious flaws. University education cannot be said to fully generate public benefits, in fact it confers private benefit to individual graduates. The chief beneficiaries of university education are the individual students who receive university education as they are able access better opportunities than the rest of the public who have not received the education (BARR, 2005). There is no proof that these graduates benefit the tax payers in any way from the education that they receive.  The current system therefore utilizes public taxes to confer private benefit to a few citizens who decide to go to university for their own private benefit. This is even unfair considering that those who pay these taxes never get to receive university education in their lifetime (The Economist, 2010)

The other notable demerit is that the loans have an interest subsidy attached to them i.e. interest on the loans is zero rated. The effect of this is that borrowers end up repaying loans that is of a lesser value in real terms than what they received at the point of use (WOLF, 2001). This is because a loan of £3,000 taken in 2008 is of a lesser value if it paid in 2013 because of the time value of money. Due to inflationary pressures on the currency over the years the basket of goods that £3,000 could have bought in 2008 will be drastically diminished in 2013.This therefore means that borrowers repay less after they complete university than they actually should. This is a clever way of robbing public coffers and can only be termed as embezzlement of public funds in a grand scale considering the number of beneficiaries (RUSSELL, 2008).

The interest rate subsidy that the government gives on the loans also does not achieve its objective as it results into shortage of funds which affect quality and access. The universities are unable to access funds to employ adequate teaching staff which affects quality. Due to inadequate funding, teaching staff are poorly enumerated which leads poor morale and contributes further to deterioration of standards. Due to limited access  students mainly from well off backgrounds get admission places at the universities which again crowds out the students from poor backgrounds which affects accessibility among the poor (PEACOCK, 2000).

The other demerit of the current system is that SLC is unable to fully access the risks associated with these loans. This increases default rates as many beneficiaries default in repayment. It is impossible to effectively follow up beneficiaries to ensure they repay on time. This leads to the Student Loan Company recording high default rates which leads to loan rationing and giving loans to students from well off backgrounds which crowds out the students from disadvantaged and poor backgrounds (RUSSELL, 2008).

Conclusion

The system of financing public universities in England is not the best available choice for society because of a number of factors. Firstly, it amounts to defrauding the tax payers because students end up repaying loans at initial principle only without taking into consideration the time value of money t the time they start repaying the loans.. The loan repayable should in effect be adjusted upwards to take into account the time value of money (WOLF, 2001). The system confers private benefit to individual graduates using tax payers’ money. This is unfair because most tax payers do not receive university education and also may not take their children to these universities due to one reason or another. The next injustice is that most of the beneficiaries of university education are individuals from well off backgrounds who are able to finance their university education from personal resources but instead are financed by poor and overtaxed ordinary citizens (PEACOCK, 2000).

 

 

 

References

BARR, N., (2005). FINANCING Higher Education.Finance & Development, 42(2), pp. 34-

37.

Britain: The posh, the poor and the pushed; University finances. (2010). The Economist,

394(8674), pp. 6465-65.

HALL, M., (2011). Guest editorial: the end of the British public university? International

Journal of Law in the Built Environment, 3(1), pp. 5-10.

PEACOCK, A., (2000). Public financing of the arts in England.Fiscal Studies, 21(2), pp. 171-

RUSSELL, V., (2008).Universities’ admission policies to be made public.Public Finance, ,

9. 9.

WILLIS, D.K., (1982), Feb 17. British universities get crash course in Margaret Thatcher

budget-cutting. The Christian Science Monitor.ISSN 08827729.

WOLF, M., (2001), Apr 16. Mediocrity flourishes when an inspector calls: British

universities will soon fall far behind their US counterparts thanks to the malign effects of state funding and regulation. Financial Times, 17.ISSN 03071766.

 

Research Article Analysis

This paper pools together academic knowledge from five journals regarding several aspects of salmon aquaculture. In order to diversify the breadth and depth of the topics under review, a wide range of journals studying several topics are encompassed. Among the journals that play a vital role in this article analysis include ‘Past, present and future of genetic aquaculture’ compiled and written courtesy of joint efforts from Gjeren, H and Bentsen, H. the second journal article is ‘Concentrations of wild and escaped fishes immediately adjacent to fish farm cages’ by Carss, the third is ‘bio-economic modeling and salmon aquaculture: an overview of the literature’ written by Pomeroy, Bravo-Ureta, Solis & Johnston. The fourth journal titled as ‘Aquaculture – Salmon. World Wildlife Fund – Wildlife Conservation, Endangered Species’ retrieved from the world wildlife website relating to salmon aquaculture businesses while the fifth is a Chinese journal by Yang, Chen, Zhou, Chen & Wu on Eco-agriculture ‘Effects of fishery development on water environment and its countermeasures in Taihu Lake’. These articles are essential in answering the questions relating to the criteria of judging research studies and specifically the question on the connection between the current literature reviews compared to previous literature. The journal by Gjeren and Bentsen, (1997) presents a holistic approach to the history of salmon aquaculture and so does the journal by Pomeroy, Bravo-Ureta, Solis & Johnston, (2008) and that of World Wildlife Fund, (2011).

The remaining two articles are clearly written especially the Chinese article which uses environmental analysis tools to objectively convince the reader that the assumptions on which the journal is pegged are objective. This implies that the methodology used by the researchers in attempt to evaluate the real environmental impact relating the development of salmon aquaculture to environmental hazards, pollution. The journal then summarizes countermeasures that could be helpful to farmers and key stakeholders. The universality of the journal in using Taihu Lake to make a generalized assumption regarding the need for environmental conservation among aqua-culturists makes the literature review for the article more current than previous literature reviews which were only focused on bettering the practice of rearing salmons in cages. In addition to the Chinese journal, the article by Carss, (1990) relates closely previous and past literal works and it is through the comparison that the writer notices the emerging trends regarding concentration of salmons around fish farm cages in most aquaculture communities.

The question of how recent the literal works are triggers the analyst into skimming the abstracts for connectivity between the research and emerging trends or connection between past aquaculture activities and new technologies or historical dates. For instance the article ‘Past, present and future of genetic aquaculture’ takes a futuristic dimension into connecting the past and the future but it being written in 1997 makes it an archaic article. Most of its references also date back to archived journals written some years back making the content of the paper partially relevant to modern salmon aquaculture farming practices. Likewise is ‘Concentrations of wild and escaped fishes immediately adjacent to fish farm cages journal written in 1990. The journal presenting a synopsis of literature on biological and economic models in the salmon keeping industry integrates an analysis of recent literal works written in the past 5 years thus the article can be classified as being recent. The Chinese journal by Yang, Chen, Zhou, Chen & Wu, (2003) is relatively recent compared to those of the 1990s because it was written in 2003 hence, of the five articles being analyzed, Aquaculture – Salmon journal by the World Wildlife Fund presents the most recent data dating back to the year 2011.

Owing to the large number of journals to be analyzed, there is emanates the need to present a coherent and seamless research analysis article. In order to achieve this objective, I will focus on analyzing the five journals one by one starting with the article by Gjeren and Bentsen, (1997) ‘Past, present and future of genetic aquaculture’ the problem being researched on regards the need for genetic improvement in salmon aquaculture. The statement of the problem is clear and so is the purpose of the study because the study is conducted to improve the genetic make-up of salmons as a way of making them adaptable to severe environmental changes in the cages and as a result improve the breeding programs. The hypothesis question regarding the need for additive genetic variation to match the changing climatic shifts and global warming are clear in connecting the two variables of genetic transformation (independent variable) and improving the breeding programs (dependent variable) while the testability of the hypothesis are explicitly tested in Norwegian rivers.

There is a lot of clarity on the variables which are defined in depth as the authors attempt sample 90% of Norwegian populations of Atlantic salmons after which the samples are tested for weight, age of sexual maturation, survival in challenge tests with furunculosis and ISA, flesh color, total fat content, and amount of fat tissues. The article further shows the connection of the various sections of the paper to the hypothesis and problem statement as the researchers conduct experiments using DNA technologies to ascertain the link created between the dependent and the independent variables. The results and discussions represent the finding made and the possible future that could help improve breeding capabilities of salmon aquaculture in not only Norway but in the whole of Atlantic Ocean including Canada, Chile and Australia. More than 25 references are used to certify the journal which is consistent with the Harvard referencing system.

‘Concentrations of wild and escaped fishes immediately adjacent to fish farm cages journal’ by Carss falls nothing short of a credible research analysis as the writer identifies the problem and purpose of study after which he hypothesizes them by conceptualizing both the dependent and independent variables. The paper by Carss, (1990) congregates works from several authors, this means that the journal is a compilation of secondary data supported by countable instances of primary data making the article archaic to the degree of the references cited and source of raw data. The author further attempts to strike a balance between health and ecological impacts triggering the migration and subsequent concentration of escaped wild salmons in areas adjacent to cages in the fish farm. Owing to the persistent use of secondary data, no specific samples are made in the paper but particular concerns are pooled together to illustrate the impact of the interactions between other marine lives and the salmons.

The writer uses the data from previous researches and interview findings to summarize his work which fails to create a clear link between the hypothesis and the problem statement. Even though credit is given to the various sources from which relevant data was extracted, the credibility of the paper is questionable. The remaining three papers for instance Pomeroy, Bravo-Ureta, Solis & Johnston (2008); Yang, Chen, Zhou, Chen & Wu, (2003) and World Wildlife Fund (2011) represents a conglomerate of tactfully written literature that presents various problems and statement purposes relevant to the choices of their topic. The statements in the three articles are easy to understand and additionally the purpose statements are tied to hypotheses which are explicit, testable and represent a clear connection with certain variables. The authors further use the variables to integrate suitable methodologies to the variables which makes the papers exhibit blend of primary raw data which connects to sample data making the papers credible.

 

 

References

Carss, D.N. (1990). Concentrations of wild and escaped fishes immediately adjacent to fish farm cages. Aquaculture 90: 29-40.

Gjeren, H. & Bentsen, H. (1997). Past, present, and future of genetic aquaculture. ICES Journal of Marine Science, 54: 1009-1014.

Pomeroy, R., Bravo-Ureta, B. E., Solis, D., & Johnston, R. J. (2008). Bioeconomic modelling and salmon aquaculture: an overview of the literature. International Journal on Environmental Pollution. 33: 485–500.

WWF. (2011). Aquaculture – Salmon.” World Wildlife Fund – Wildlife Conservation,Endangered Species. Retrieved from http://www.worldwildlife.org/what/globalmarkets/aquaculture/dialogues-salmon.html

Yang, Z.F., Chen, L.Q., Zhou, Z.L., Chen, Y., & Wu, L.K. (2003). Effects of fishery development on water environment and its countermeasures in Taihu Lake. Chinese Journal of Eco-Agriculture 11, 156–158.

Project and Operations Management

Task 1: Benefits and outcomes of the project

The project is important because of the various benefits. One of the benefits is that it will help the company to reduce the number of accidents. This will lead to improvement in the image of the company and attract more clients to purchase its products. Therefore, the outcome of the project is better working conditions that will impact on its profitability. PRINCE2 is an approach to project management that will ensure that the project is completed within stipulated period. PRINCE2 ensures that there is proper planning, managing, and control of resources to ensure that all activities and goals of the projects are met.

Task 2:  Project plan

For any project to be finished successfully, it is important to have a plan. Planning entails considering various aspects such as the scope of the project, period of the project and resources available.

 Scope management

Project scope management involves processes adopted to ensure that the project factors in all requirements and avoids addition of new requirements that may compromise or harm the project (Dennis, 2007).   To begin with, all the tasks required to create the deliverables will be created. This tasks includes, ensuring that all the  requirements to  ensure the project is  carried out are in place, designing of  questionnaires, carrying out of the survey, meeting with relevant stakeholders, allocating time for every task,  preparation of budgets  to ensure that resources are well utilized and lastly  closure of the project. These activities will take specific period to ensure that the goals of the projects are achieved within the time provided.

The project heading will be, “Health & Safety emergent project.

Work breakdown structure

1. Coordination other areas to ensure that the project works well
2. Designing of questionnaires
3. Carrying out a survey
4. Time estimation
5. Designing of the budget
6. Implementation /commencement of renovations in areas found to cause problems
7. Closure of the project

 Time management

Management of time is yet another critical consideration when it comes to project planning. A project must be completed within a given period (Conlon & Garland, 1993).  Time management ensures that the resources are well allocated and well utilized. It also ensures that the project is completed within the time required hence avoiding delays. The project commences on 1 November 2013 and is to be completed on 1 November 2014. This is enough time to ensure that the problem is well identified and corrected fully to ensure that it does not recur. Various tasks will be allocated specific period to ensure that the entire project is completed as scheduled.  Survey will be done for one week; seminar with the relevant personnel’s will take a week.  A lot of time will be spent on making renovations and repairs.

Resource management

Resource management is effective and efficient deployment of organizational resources when required. In project, resource management is key as it ensures successful completion of the project (Blackstone, Cox & Schleier, 2009). Various resources in project management include financial, human skills, inventory, and production and information technology among many others.   Finances are very essential and should be well management to avoid misappropriation (Project Management Institute, 2008). Project funds must be secured and well   managed.  Human resource is also essential in ensuring that the project become successful.  People with requisite skills in matters of health and safety in industries will be recruited to help in managing the problem. I will also be one of them as project manager to ensure that the various activities are carried out as stipulated.  Other resources that will be available and which require proper management is the materials.

I will also spare some time every week to meet Paul Higgs and Julia Miler the CEO of the company to discuss on various aspects that concerns the project. This steering group meetings  are essential as they will  help me to share on the requirement and the progress of the project ensuring that a sufficient measures are taken to seal any loopholes  to  solve the problems of accidents in la the  industries .

Resource diagrams

Task 3: Critical path method

Critical path method is powerful tool that help to schedule and to manage complex projects. The tool was developed in 1950s to help in controlling of defense projects and have since then been used in planning of projects (Hegazy & Menesi, 2010). Therefore, critical path method is appropriate scheduling method for this project even if one individual is managing it.  It acts as a basis of preparing of schedule and planning for the resources. When the project is in progress it allows the project manager to monitor achievement of the project goals as well as help to identify areas that require more action to ensue that the project is on course.

Critical path Analysis (CPA) is a method used to analyze and to plan a project ensuring that a project is completed in the shortest time possible (Tutor2u 2013).   Larger businesses usually get involved in complex projects requiring significant investments and risks.  In such complex project it become prudent to identify the relationship that do exist between the  activities involved and to find out an amicable way to manage them to complete the project in a more efficient  way.

When using CPA, certain information is required. This information includes  the list of  all the activities  required to ensure completion of the project,  the time or duration  that each activity  will take to completion,  the  dependencies between various activities  for example  activity C cannot be completed  until activity B and A are completed.  CPA is calculated to estimate the various period of time that the project can come into conclusion or to ascertain the longest path that the planed activities will come to and end.  Earliest start time (EST) and latest finish time (LFT) is the time that every activity can start and end without making the project longer (Tutor2u 2013).  It is also important to determine the activities that are critical-those that take longest path and those that have total float (meaning that those that can be delayed without having to make the project longer). This then leads to the question of what critical path is.  Critical path is the sequence of project activities that add to the longest overall duration and it determines the shortest time possible that a project can be brought to a conclusion.  Therefore, delay of any activity in critical path has direct impact on the planned project of completion because there is no float on critical path.

Critical path analysis has various uses. They include; estimating and minimizing the project time.  It also help in supporting of the project costing and evaluation, planning and organizing resources  helping provide direction  and in prioritizing tasks.

CPA has various advantages as well as disadvantages on a project. One of the advantages of CPA is that it is essential in helping to reduce the task and costs of complex projects. It also encourages careful assessments of what the project requires by assessing every activity of the project (Tutor2u 2013).  CPA ensures better allocation of resources because it has a float and is a good decision making tool as well as planning tool. It further gives the project manager an overview of the complex projects enchaining their understanding and is also  effective in  linking  the project with other aspects of business planning  including budgeting and cash flow forecasting.

CPA has also some disadvantages on the management of the project. These disadvantages include, it is only reliable if based on accurate estimates and assumptions. It also does not guarantee the success of a project (Tutor2u 2013). The resources may not be flexible as the mangers may believe hence causing some inconveniences.  The fact that there are many activities in the network diagram makes it very complicated. These activities may be required to be broken down to mini projects for easier understanding something that may turn out to be cumbersome.

Similarly, critical path has various advantages one of them is that it helps in testing of plans to ensure that the project is robust.  It also allows project manager to identify tasks that need to be completed on time to ensure that the whole project is completed within schedule (The times 100, 2013). Therefore, it ensures that specific tasks that make up the entire task are completed within stipulated time.  Using this method allows the project manager to identify task that can be delayed incase of inadequate resources to ensure that missed or overrunning tasks are completed. Even if one person is executing the project, critical path are essential as they help to identify the minimum time required for the project to be completed. In case the project is required to be accelerated, it helps in identification of steps that allow completion of the project within stipulated time.

Example of critical path diagrams

 

 

Task 4 : Risk management

In project management, risk management is one of the important aspects that managers must give priority. Risk management is identifying, assessing and prioritizing risks to help in controlling the probability of unfortunate events and to maximize the realizations of opportunities (Szabo, 2012).  Risks can threaten the realization of the project goals making a project a failure. Risk may include legal liabilities, accidents, credit risks and natural causes and disasters among many others.   Risk management provides an assurance that objectives are more likely to be achieved, damaging things are less likely to occur and achievement of beneficiary things is more likely to be attained. The essence of risk management is not elimination of risks but rather is to manage the risks involved and to maximize opportunities while at the same time minimizing the adverse effects.

Risk management has various advantages. One of the advantages is that it supports strategic and business planning.  A business will be able to uphold to appropriate strategies when planning to ensure that they achieve their objectives. By identifying the risks, the business or project manager is better placed to plan effectively to ensure that inherent risks are mitigated (Kaplan & Mikes, 2012). Risk management also ensures effective use of resources. In a project, resources must be used effectively to ensure that they achieve the goals of a project. Risk management ensures that the available resources are not misappropriated.

Risk management also promotes continuous improvement   in the project.   The project manager is in a position to identify areas that require improvement as the project is continuous. This therefore, ensures that there are less problems or challenges in a project.  Project management also ensures that there is fewer shocks and unwelcome or unexpected surprises as the project progresses. The project must have certainty to ensure that it is well completed.  It is through risk management that such uncertainties such are alleviated ensuring that the project moves on smoothly as expected.

Risk management also allows project manager to take an advantage of any new opportunities that arise as the project progress (Morgan & Henrion, 1992).  Another advantage is that it enhances communication between various stakeholders hence promoting efficiency as the project progresses.  For any project to be well completed, communication among various stakeholders is key. In this case, communication, between the CEO- and the project managers, the other staffs implementing the project is essential as it ensures that there is coordination in the execution of the project.

The advantages that apply in the Health and safety project is helping to reduce shocks and unwelcome surprises. Risk management is very essential in this project because, it will  allow the  project managers to come up with measures that will  help reduce unnecessary surprises such as inadequate funds, , poor installations  that would  lead to more shocks (University of Surrey, 2013). It will also help to enhance effective use of resources. Resources are essential in this project to ensure that project achieve its objectives. Misappropriation of resources has cost impact on the company. Another advantage that relates to this project is enhancement of communication. Communication between various stakeholders is essential in contributing to the success of a company. To achieve these advantages; it is prudent to organize the risk management strategies. In this case, the most risky activities will be identified.   After their identification, appropriate measures will be put in place to mitigate them. For instance,   one of the risk factor is financial misappropriation. To ensure that this is reduced, proper measures will be instituted to avoid any financial improprieties such as hiring of external auditor to audit the accounts.

Reference List

Blackstone, J, Cox, J, & Schleier, J 2009, ‘A tutorial on project management from a theory of       constraints perspective,’ International Journal of Production Research., vol. 47 no. 24,             pp. 7029-7046.

Conlon, D, & Garland, H 1993, ‘The role of project completion information in resource     allocation decisions’, Academy of Management Journal, Vol. 36 no. 2, pp. 402-413.

Dennis, L 2007, ‘Project Management’. (9th ed.) Gower Publishing, Ltd.

Hegazy, T, & Menesi, W 2010, ‘Critical Path Segments Scheduling Technique,’ Journal of            Construction Engineering & Management, Vol. 136 no. 10, pp. 1078-1085.

Morgan, G, & Henrion, M 1992, ‘Uncertainty: A Guide to Dealing with Uncertainty in     Quantitative Risk and Policy Analysis’. Cambridge University Press.

Kaplan, R, & Mikes, A 2012, ‘Managing risks: a new framework, Harvard Business Review,         Vol. 90 Issue 6, pp. 48-60.

Project Management Institute, 2008, ‘A Guide To The Project Management Body Of        Knowledge’.  (4th ed.). Project Management Institute

Szabo, A. (2012). Risk management: an integrated approach to risk management and         assessment’. Annals of the University of Oradea, Economic Science Series, vol. 21 no. 2,          pp. 776-781

 

The times 100, 2013, ‘ Critical path Analysis at Network Rail’, Retrieved from:             http://businesscasestudies.co.uk/network-rail/critical-path-analysis-at-network-       rail/advantages-and-disadvantages-of-critical-path-analysis.html#axzz2lv9fzP4R

Tutor2u. 2013, ‘Critical path analysis.’ Retrieved from:        http://www.slideshare.net/tutor2u/critical-path-analysis-10762045

University of Surrey. 2013, ‘Risk Management’. Retrieved from:    http://portal.surrey.ac.uk/portal/page?_pageid=823,181132&_dad=portal&_schema=POR            TAL

 

 

THE MING GOVERNMENT

The Ming government (1368AD – 1644AD) enjoyed many successes in societal, political, economic and cultural aspects. This paper will analyze its cultural and political successes in order to understand the intricacies that led to these successes. Therefore, the thesis statement developed is: How effective and adaptable was the Ming government?

The Ming dynasty is considered as one of the most stable periods of Chinese history. It is considered to be one of greatness where there was a well oiled government machinery that had a large geographical domain and good administrative, law and state apparatus. The society is also regarded as having being content and therefore stable. On the contrary, there are those who regard this period as one where there was stagnation. Government policy focused on turning inward which developed xenophobia. Many researchers however argue that this stagnation was relative as there was observable progress in terms of social changes and advances in science which eclipsed all that had been achieved 2000 years prior to its existence. Critics argue that the obvious advancements in inventions were overshadowed by a conservative and sometimes extreme political ideology. The political ideology was centered on the promotion, conservation and stimulation of cultural aspects that were regarded as Chinese during that period. Historians have occasionally highlighted the ethnocentric nature of Ming politics that were later accompanied by xenophobic characteristics.

The xenophobic nature of the Ming dynasty was in sharp contrast to the open-mindedness of the preceding Yuan dynasty. This period had been characterized by a continent-wide web of trade routes and communication ways that spread across the Eurasian continent. The ethnocentric nature of the Han Chinese was as a way of rebelling against the largely foreign culture of the Mongolians that was at the heart of the Yuan dynasty. Naturally, when the Mongolians were defeated by the peasant army of the Ming Empire, the Chinese looked inward to their own culture. There was however open rejection of the Mongolian culture without any hostility being meted on foreigners. In 1403, the Yongle Emperor signed a decree which served as an annunciation of an open door policy in which all foreigners were invited[1]. In the beginning, hatred for foreigners was confined to their former rulers, their northern neighbors the Mongolians, but in due time, and due to constant raids by Mongolians, this hatred was used by the Ming rulers as the raison d’etre which led to subsequent legacies and myths. The greatest historic relic that best exemplifies Ming government’s political ideology was the Great Wall of China. Although the earliest protective wall can be traced back to the Qin dynasty (221BC – 206BC), the height point of this structure was during the Ming dynasty. During this period, the man-made structure was cast in stone that left an impression that is still evident today[2]. This structure was built as a way of the emperor defending his empire against another foreign invasion as had been the norm. The Ming armies were found wanting against Mongolian armies on open ground and therefore, the wall was deemed a necessity[3]. This mammoth structure that has numerous walls, side walls and fortified gates, where cities were, speaks of another power of the Ming dynasty; mobilization of workers, mostly farmers who built it.

The Ming dynasty was dominated by the Han Chinese and was the first of its kind since the song dynasty in 1126AD. The government succeeded in uniting the Han Chinese and also regaining control of the southern heartlands. The shape of the Chinese nation today was achieved during the Ming dynasty as it expanded its territory. Chinese indigenous people regaining control of their country is an important part of their history. During this period, they enjoyed a period of self identification where they were disconnected from the world, especially western civilizations[4]. Population growth was steady and literacy levels increased since more and more people were taught how to read and write. Scholarship, where people possessed advanced thought and education, was no longer a reserve of the elite but spread to the lower societal levels except peasants and farmers. The Yangtze River Delta[5] was fertile for growth of rich crops which led to population growth in the south and thereby increasing its economic and political importance and relevance. The Ming Empire further stretched into the inland provinces that were nominally being controlled by former rulers of the Yuan. They were vanquished and integrated into the administrative system of the Ming Empire. The isolationist policies of the government led to coastal colonies that were as a result of these frontiers evading the official Imperial Edict that banned overseas trade and travel.

Considering the above facts at face value, the Ming dynasty era seems to be a period where there was powerful governance. This was because the founding father of the empire, Zhu Yuanzhang[6], had a centrally based strong regime. A reflection of the success of this regime was in the power that it wielded in eastern Asia. The first emperors expanded Chinese influence and military control in the region which included seas and oceans surrounding the empire as well as central Asia.  There was a fundamental shift in foreign policy. Previous dynasties had maintained cordial relations with foreign nations under the banner of mutual equality. However, the Ming government had a centered view of China that did not recognize fraternity and equality[7]. In this new order, the empire was centrally placed and nations around it were meant to pay tribute to its importance as a central figure. The government was not only successful in dealing with foreign powers but also increased internal control and oversight. All regional leaders including; governors and other local administrators were chosen on merit and were even judged, examined recruited and eventually appointed directly by a central government sitting in the capital city. The powers and authority of the emperor were greatly increased in the Ming dynasty as compared to the Yuan dynasty due to increased control of the large government bureaucracy. The neo-Confucianism ideal was imparted into the lay people who bought into the philosophy of nationhood as espoused by their admirable first emperors. Neo-Confucianism was studied and adopted as a new moral and social guide for all Chinese up to and including the ruler.

After much success, the Ming emperors made many wrong choices including spending much of the empire’s resources on their own lavish lifestyles. These were periods of political weakness that eventually translated to decline of the once powerful dynasty[8]. The founding fathers of the empire, informed by paranoia, had laid down a set of strict rules that were meant to dictate conduct and ethics in order to uphold power of the dynasty at all times. During the entire life of the Ming dynasty, and despite great flexibility in the society and great changes in administration, agriculture remained central to the economy. This meant that the majority of citizens were peasants and farmers. Since the government did not adapt to the needs of these people towards the end, where they were heavily taxed and subjected to cruelty by landlords, who owned much of the agricultural land, they rebelled eventually leading to the collapse of the empire.

The Ming government was very effective in a number of ways. First, it was able to consolidate the Han Chinese, the indigenous people to form a relatively local government. Second, the government was able to foster peaceful coexistence between the indigenous Chinese and their formers rulers, the Mongolians. Third, it was able to avoid future invasions by the north by building defenses and forbidding trade and travel to other frontiers. Fifth, it was able to increase its influence in the region by empowering its local population. Sixth, it was able to stimulate population growth through a number of societal changes and economic empowerment. Seventh, it was able to promote a Chinese culture through neo-Confucian ideologies. Initially, the government was very adaptable to the needs of its citizenry as it empowered them to be more productive by looking inward. This is evidenced by the fact that peasants and farmers were mobilized to build the Great Wall of China. However, the government was eventually unable to cater for the needs of the increased peasant and farmer population which led to its fall.

Bibliography

Buck, Pearl S. All Men Are Brothers. London: Methuen & Co. ltd., 1937

Cheng, Pei-kai. Continuities in Chinese Political Culture: Interpretations of Li Zhi, Past and Present. Chinese Studies in History 17, no. 2 (Winter 1983-84): 4-29

Ebrey, Patricia Buckley, Anne Walthall and James B. Palais. East Asia: A Cultural, Social, and Political History. Boston: Houghton Mifflin Company, 2006

Li, Bo and Zheng Ying. 5000 years of Chinese history. Inner Mongolia People’s Publishing House, 2000

Robinson, David M. Banditry and the Subversion of State Authority in China: The Capital Region during the Middle Ming Period (1450–1525). Journal of Social History (2000): 527–563.

Wakeman, Frederick, Jr. Rebellion and Revolution: The Study of Popular Movements in Chinese History. The Journal of Asian Studies (1977): 205–234.

Wong, H.C. China’s Opposition to Western Science during Late Ming and Early Ch’ing. Isis 54, no. 1 (1963): 29–49.

 

[1]           Pearl Buck S, All Men Are Brothers [Shui hu chuan], (London: Methuen & Co. ltd., 1937)

[2]           Pei-kai Cheng, Continuities in Chinese Political Culture: Interpretations of Li Zhi, Past and Present, Chinese Studies in History 17, no. 2 (Winter 1983-84): 17

[3]           David Robinson M, Banditry and the Subversion of State Authority in China: The Capital Region during the Middle Ming Period (1450–1525), Journal of Social History (Spring 2000): 540

[4]           H.C Wong, China’s Opposition to Western Science during Late Ming and Early Ch’ing, Isis 54, no. 1 (1963): 32

[5]           Bo Li and Ying Zheng, 5000 years of Chinese history (Inner Mongolia People’s Publishing House, 2000)

[6]           Ibid

[7]           Patricia Buckley Ebrey, Walthall Anne and Palais James B, East Asia: A Cultural, Social, and Political History, (Boston: Houghton Mifflin Company, 2006)

[8]           Frederick Wakeman Jr., Rebellion and Revolution: The Study of Popular Movements in Chinese History, The Journal of Asian Studies (1977): 222

Traditional Theories of Learning

 

Behaviorism, as an approach taken in teaching students, is referred to a direct instruction. The behavioral theory deals with observable indicators that students are learning. In contrast, cognitive theorists equate learning with a mental process in the mind. It is important to note that, while behaviorists do not deny that learning is a mental process, they classify it as an unobservable indicator. Therefore, behaviorism primarily focuses on “conditioning of observable human behavior” (Gagne & Briggs, 1974). Watson, the father of behaviorism defined it as a sequence of stimulus and response occurrences in an observable manner where cause and effects are analyzed. Skinner argued that automatic or voluntary behavior is either weakened or strengthened by the immediate presence of a punishment or reward (1968). Belkin and Gray asserted that “The learning principle behind operant conditioning is that new learning occurs as a result of positive reinforcement, and old patterns are abandoned as a result of negative reinforcement” (1977, p.59). For learning to occur, teachers must continuously create contingencies and reinforcements which hasten the natural process of learning as it usually does not occur in the natural setting.

Traditional learning was through direct instructions by teachers. Here, the teacher provides knowledge to the students by direct means or by creating a set of contingencies that stimulate behavior. Another example of traditional teaching is the use of exams as a method of measuring observable behavior. Additionally, the use of rewards or punishments to stimulate learning is one of the most familiar ways in which teaching was conducted in the traditional classroom setting.

Constructivist learning theory grew from the realization that behaviorism had served its purpose and needed improvement. It mainly focuses on the ability of human beings to construct their own learning experiences. Constructivists believe in the ability of all human beings to construct their own knowledge through discovery and problem solving. The defining factor amongst advocates of this theory is how far an individual can naturally learn without teaching or structure. Most psychologists supporting constructivism believe in the inherent nature of human beings to construct meaning to situations in the world through curiosity and necessity. Critics of the behaviorism model of learning cite that the model turns learners into passive participants in the process of learning. Constructivism, however, allows learners to be active in the construction of their own learning. Papert asserts that “the constructionist attitude to teaching is not at all dismissive because it is minimalist – the goal is to teach in such a way as to produce the most learning for the least teaching” (1993, p.139). This theory does not therefore mean that learners are left to their own devices; on the contrary, it advocates that teachers give minimal guidance to the learners so that learning occurs within given parameters in an organized manner. The model is equated to the African proverb which advocates for giving a hungry man a fishing line so that he can fish for himself rather than giving him fish.

Computers have made constructivism a reality. Learning has shifted from being teacher-centered to being learner-centered. The teacher is not regarded as a transmitter of knowledge but is referred to as a facilitator. Learners operate in groups that stimulate their thinking and expedite the learning process. Teachers do not practice the one-size-fits-all model but instead customize their teaching process for individual students. The mode of learning in constructivism is fun rather than torturous.

Cognitive theory of learning focuses on the unobservable changes in the mental knowledge of learners. Cognitive psychologists believe that there are some learning processes that are unique to human beings. They believe that new information acquired is usually related to previously learned information. There are several stages in which information passes before it can be permanently stored in the brain. Once it is acquired through the senses, it is transferred into the short-term working memory. Here, if it is rehearsed and practiced repeatedly through elaboration, it is stored in the long-term memory (Pitler et al., 2007). This is the final storage place from where the information can be retrieved by the learner if required. On the contrary, when the information is in the short term memory, and it is not rehearsed or practiced, it is forgotten and has to be relearned in the future. Long-term memory is grouped into three distinct clusters: procedural which entails how things are done, declarative which entails facts and episodic which is a chronology of events that have occurred in ones life.

Teachers use questions, cues and advanced organizers in order to stimulate learning in students. These models of learning have to be pertinent and use high-level questioning to ensure that they stimulate deeper learning. Teachers are advised not to use unusual or tricky cues that have the capability of confusing students and leading them in the wrong direction. Cues and questions are important as they have the capacity to tap into the episodic memories of students and tap into prior knowledge. This ensures that students focus on essential ideas throughout the lesson. From establishment of useful ideas, students can then use advanced organizers in order to categorize the acquired information in a meaningful way that has defined concepts.

References

Belkin, G.S. & Gray J.L., (1977). Educational Psychology: An Introduction. Dubuque Iowa: Wm. C. Brown Company Publishers

Gagne, R.M. & Briggs, L.J..,(1974). Principles of Instructional Design. New York: Holt, Rinehart and Winston Inc

Papert, S., (1993). The Children’s Machine: Rethinking school in the Age of the Computer. New York: BasicBooks, a division of HarperCollins Publishers.

Pitler, H. et al., (2007). Using technology with classroom instruction that works. Alexandria, VA: ASCD

Skinner, B. F., (1968). The Technology of Teaching. New York: Meredith Corporation

 

Fighting in the National Hockey League

There has been a continuous debate on whether or not to ban fighting in the National Hockey League. There are many proponents and opponents to this idea and both groups have merits and demerits that they espouse. This paper will give a comprehensive analysis of the advantages and disadvantages of fighting in the league and propose a stand will give direction in the present and future of the sport.

Many managers are advocating for the practice to be banned. Yzerman, the manager of Tampa Bay started by advocating for players participating in fights to be reprimanded for misconduct and shifted his position to total banning of the practice (Gough 32). He was informed by the fact that the league had already taken some measures that could only be deemed as gravitating towards banning of fighting. Currently, the league penalizes and suspends players who make contact with their heads while checking. This is in an effort to reducing the number of head injuries sustained during the sport. The manager says that it is applying double standards to prohibit something and ban it at the same time in the same sport. There is need for a quick decision as to the type of sport that hockey aspires to be: one where everything goes and consequences are accepted or one where fighting is totally eliminated. George Parros of Montreal was recently stretchered off a game after slamming his face into the ice during a fight with Toronto’s Orr Coltin (Fitz-Gerald 2). He was found to have suffered a severe concussion in the process.

In the Olympics, there is no fighting allowed. This does not mean that the sport is not as entertaining as athletes still mix it up from time to time. The consequence of fighting is that a player loses his slot in the next game. Therefore, one has to weigh between fighting and costing his team his services in the next game. This rule alone has curbed much of the fighting that still is a spectacle in the National Hockey League. There are many injuries that result from the fast movement of the sport where contact and spills are inevitable. In 2001, British Columbia Injury Research and Prevention Unit carried out a study where they found that there is likely to be four times as many injury cases reported in leagues that allow contact than those that do not (Roland 7). The study further concluded that body checking among teen players was responsible for about 86% of all hockey injuries, which are sometimes very serious. Furthermore, 23% of these cases are usually injuries to the head and neck.

Many casual fans of hockey dismiss fighting as a small part of the sport. The cheap shots that players take at each other, while being a small part of the game and infrequent, are part of the way that they have adopted to settle scores (Bernstein 43). The fights are usually to defend team mates in the game and also settle differences with rival teams. These cases are not common in international events and even in college hockey. However, they are very common in the minor leagues of North America and to a small extent to the NHL. Parents and other stakeholders are concerned with the acceptable use of violence as a means of settling scores. The sport has unwittingly molded violent characters who do not know any other ways of settling scores except fisticuffs.

Proponents of fighting in hockey assert that it is an important component of the sport. It is considered as taking part in authentic Canada and Northern US culture. Having a team to root for on the rink, in different competitions make people feel that they belong. It also helps to bond a group of people together when they come to each others aid. The players learn to look out for each other even as they have fun in the sport. The traditions of the sport have had fighting as an important component.

 

Players feel that taking fighting away from the sport will be taking a very important part of its history (Allen 76). The Detroit Red players feel that there is still a place for fighting in the sport as it currently is. They say that the activity fosters respect between players and also plays a key role in changing the momentum of a game. They admit that they sometimes get carried away but at no particular time do they go out on the ice to intentionally hurt another player. Once a player has developed the reputation of being rambunctious, the opposition team will always be intimidated by his presence. This gives a team the edge that it requires to win a game. The players argue that they draw a line between what is beneficial to the team and what is harmful to both them and the opposition players’ health. Therefore, if squaring off was to be banned, then players would have a field day in making cheap shots at each other. In order to avoid this, the teams feel that they need an enforcer to intimidate others.

There is need to draw a line between either allowing fighting to continue or getting rid of it. The disadvantages of the practice are clearly outlined by studies done on the effects that fighting has on the players’ health. Cases of players having severe concussions are common. Others have severe injuries that spell the end of their careers. Many competitions have already banned or discouraged the practice through a number of consequences. While the argument for continued fighting is that it is part of the culture and that it motivates players and crowds there is no evidence to show that other competitions that have banned fighting are boring to the fans or lack motivation for the players. In this case, the demerits for continued fighting far outweigh the merits. The demerits are that the practice affects physical and psychological health of the players. This is in terms of having broken bones, suffering concussions and bruising that may range from small to very severe. Additionally, continued fighting promotes violence in the players who are sometimes very young and do not know better. Hence, these players grow up convinced that fighting is the right way of settling differences with others. On the contrary, the merits are that the players value it as it intimidates others and entertains crowds. The latter is a weaker argument that does not hold out against the former. Therefore, fighting in hockey should be unilaterally banned and those who practice it should face dire consequences. Fans will still flock arena to watch their favorite teams even without fisticuffing.

 

 

Works cited

Allen, Kevin. Crunch: Big Hitters, Shot Blockers & Bone Crushers: A History of Fighting in the NHL. Triumph Books, 1999

Bernstein, Ross. The Code: The Unwritten Rules of Fighting and Retaliation in the NHL, Triumph Books, 2006

Fitz-Gerald, Sean. George Parros injury: Incident in Toronto Maple Leafs, Montreal Canadiens game revives debate over fighting. National Post, 2 October, 2013.

Gough, David. Fighting not necessary for hockey. Wallaceburg, Ontario: Courier Press, 2007

Roland, James. Hockey’s Advantages & Disadvantages. Livestrong.com, June 2, 2011. http://www.livestrong.com/article/461752-hockeys-advantages-disadvantages/. 25 November 2013