Kants Ethical Theory Essay Example | Topics and Well Written Essays - 500 words

Kants Ethical Theory - Essay Example He rejects the belief of dogmatic philosophers like Leibniz and his followers that human reason could acquire knowledge of supersensible entities. Kant was more comfortable with the notion of secular morality and eschewed the idea propounded by Leibniz that religion was essential to establishing social order. Metaphysics, according to Kant, could not provide empirical evidence of the supersensible, like God. Kant’s disciples, such as Fichte, used his work as a springboard for German idealism, and he quickly condemned such for being too radical. The difference between autonomy and heteronomy is that an autonomous will is self-legislating while a heteronomous will is one where the acts of the self are directed by external rules. According to Kant, if an action is to be considered as genuine, then it should emanate from the self, or should be the result of autonomous will. Kant’s formulation of the categorical imperative is as follows: â€Å""Act only according to that maxim whereby you can at the same time will that it should become a universal law." This means that when an individual decides to act a certain way as dictated by his autonomous will, he must aspire that such action will be the universal norm and that he is setting a rule for others to follow in the future.

Subcontractors

Subcontractors 1.0 Introduction Wikipedia (2009) defined subcontractor as â€Å"an individual or in many cases a business that signs a contract to perform part or all of the obligations of another’s contract†. Other authors, Gerald N. Hill Kathleen T. Hill (2005) defined subcontractor as â€Å"a person or business which has a contract with a contractor to provide some portion of the work or services on a project which the contractor has agreed to perform†. Generally, a subcontractor performs his work under a contract with a main contractor who is hired by the employer. In building construction, a main contractor usually hires a subcontractor to perform a specific task such as roofing, plumbing, electrical, cement work and plastering, as part of the overall project. Hence, if the main contractor does not pay for the subcontractor, then the subcontractor has the right to enforce a â€Å"mechanic’s lien† on the real property upon which the work was done to collect. There are three types of subcontractor that is: Nominated subcontractor (Specialist subcontractor) Domestic subcontractor Named subcontractor Nominated subcontractor is essentially selected or appointed by the employer for some specific works. If the employer wants to nominate a subcontractor for an element of work, then he will instruct the main contractor to use the nominated subcontractor through the architect. The element of work usually is the engineering package such as piling, structural frame or some ME services works. In this kind of subcontract, there is a direct contractual relationship between the employer and the subcontractor. On the other hand, domestic subcontractor is selected and appointed by the main contractor who is hired by the employer. The domestic subcontractor doesn’t have the direct contractual relationship with the employer but he contract with the main contractor. Domestic subcontractors usually execute the part of work from the main contract and supply or fix the materials and goods. The employer will not involve in the election of this kind of subcontractor and the main contractor take the responsibility of the subcontractor. The Named subcontractor is contractually same as the domestic subcontractor. However, the different between them is the employer states that which contractor is acceptable without take responsibility for their final selection and appointment. Chapter 2: Forms of Contract 2.0 Forms of Contract 2.1 Review the method of appointing specialist subcontractor JCT 98 The JCT 1998 is the pre JCT Form which was used when selecting and choosing the subcontractor. There are two types of subcontractor in this form of Building Contract which are Nominated subcontractor and Domestic subcontractor. In the JCT Form, except the Employer, the Architect has the highest authority in making decision. Nominated subcontractor is essentially appointed by the Architect or the Employer when they need the subcontractor in some specific works. Daniel Atkinson (1999) defined nomination as â€Å"sub-letting sections of the work allowing the Employer full involvement in choosing the company early and using the subcontractor’s expertise for design or coordination†. There are some reasons that the Employer nominated a subcontractor (Daniel Atkinson, 1999): The Employer can select any company that he likes to be his subcontractor without based on the price. The subcontractor’s design expertise and his knowledge can be utilized due to he can be involved early. Since the specialist subcontractor involves, the Contractor will not waste his time on some particular work which the Contractor does not expert in it. The Employer can understand his responsibilities clearly since the clear contractual liability is established. Delay in time can be prevented by the direct links and involvements are established. According to the Jennie Price (1994), the procedure of nominating a subcontractor under the Standard Form of JCT 1998, Clause 35.4: The Architect sends the both of invitation to tender in part 1 of the standard form of tender, NSC/T, and the relevant section of the employer/ nominated subcontractor agreement, NSC/W, together with the drawings/specification/bill of quantities which describe the work, to those companies the employer wishes to invite to tender. Then the tenderers complete the standard form of tender (part 2 of NSC/T) and the relevant sections of the warranty, NSC/W, and return both documents to the Architect. The Architect chooses the subcontractor, and arranges for the Employer to sign the selected subcontractor’s tender to confirm his approval of it, and to execute the warranty, NSC/W. The Architect nominates the subcontractor to the main contractor using the standard nomination instruction, NSC/N. He also sends the main contractor a copy of the invitation to tender and the successful subcontractor’s tender, the drawings/specification/bills of quantities on which the tender was based, and the executed warranty. After received those documents, the main contractor has the right of reasonable objection to the selected tenderer within 7 days. If he does not object, he must reach agreement with the selected tenderer on the ‘Particular Conditions’ set out in Part 3 of NSC/T. These include the subcontract period, insurance details and the identity of the adjudicator and trustee stakeholder. When agreement on the Particular Conditions has been reached, the main contractor and subcontractor sign Part 3 of NSC/T, and execute the subcontract articles of agreement, NSC/A, which incorporate by reference the subcontract conditions NSC/C. The main contractor sends a copy of the signed NSC/T Part 3 and the executed NSC/A to the Architect for his records. 2.2 Review the method of appointing specialist subcontractor JCT 05 JCT 2005 Form of Building Contract (with quantities) has been updated, amended, merged and retired most of its important contracts. This form was set out in clear, understandable, and well-ordered for the user and it had simplified on wording such as change the word â€Å"Determination† to â€Å"Termination†. There is a little deviation between JCT 1998 and JCT 2005 regarding to the subcontracting. In this form of Building Contract, the nomination of subcontractor has been omitted. According to the Chappell D. (2007), there are a lot of problems arise between the main and subcontractor since a project is not ready for the subcontractor to start his work on the anticipated date. Due to the delay of the commence work, the subcontractor may argue and claims for more money. On the other hand, Ndekugri I. and Rycroft M. (2009) stated that JCT 1998 had extensive provisions on nominated subcontracting but due to the bad experience from the inherent pitfall of nomination of subcontracting and its complexity, the provision has been omitted in JCT 2005. There are three principles of appointing a subcontractor under the JCT 2005 Form of Building Contract: Consent to sub-contracting (Clause 3.7) According to this clause, main contractor cannot appoint or subcontract whole or any part of works to anybody without the Architect’s or the Contract Administrator’s consent. However, the Architect also cannot withhold or delay his consent unreasonably. If the Contractor insists to sub-letting his works to anyone without consent, then the employer entitles to terminate the Contractor’s contract under clause 8.4.1.4. Besides that, under the clause 3.7.2, the contractor cannot subcontract the design portion to anyone without the Employer’s consent. Lists in Contract Bills (Clause 3.8) Under this clause, annexations of lists of subcontractor to work packages which are defined in the Contract Bills are required. Clause 3.8.2 has stated that the list of subcontractor must not less than three persons. Then the Architect has to choose among the three persons to be the subcontractor. It is similar as pervious clause that the Architect cannot withhold or delay his consent unreasonably. If the Contractor submitted the list which less than three persons, then either: The Employer and the Contractor shall by agreement add the names of other persons to make sure the list comprises not less than three persons; or The Contractor carries out the works by himself. Conditions of sub-contracting (Clause 3.9) The subcontract shall state the condition that upon the termination of the Contractor with any reason, then the employment of the subcontractor will be automatically terminated too under the Clause 3.9.1. Besides that, the subcontract shall provide that subcontractor cannot remove the site materials which have been delivered to the works without the Contractor’s written consent except for use on the works. If the materials or goods have been paid by the Contractor, then they will become the Employer’s property and the subcontractor cannot deny it. On the other hand, if the Contractor has paid the subcontractor for any site materials before their value is included in the Interim Certificate, then the materials will become the Contractor’s property. Under the Clause 3.9.4, if the Contractor fails to make the payment to the subcontractor, then the Contractor shall pay simple interest to the subcontractor until the payment is made. Then according to the Clause 3.9.5, the Contractor could get the warranty from the subcontractor for his execution of works within 14 days of receipt of a written request by the Contractor. If the subcontract comply the three principles above, then the Architect could select and choose among the three persons in the list to be the domestic subcontractor. 2.3 Review the method of appointing specialist subcontractor NEC 3 ECC 05 The NEC 3 ECC 2005 is essentially used by Government for public works such as road, bridge etc. In JCT Form, the Architect has the highest authority while the Project Manager has the highest authority in this NEC 3. He plays an important role in this Form of Building Contract especially in subcontracting. The Project Manager is the person who approves the appointment of the subcontractor by the Contractor. In other words, the Project Manager dominates in the selection of subcontractor. Under the Clause 26.1, the Contractor still takes the responsibility to the works even though he had subcontracted the works to the Domestic subcontractor. Therefore, the Contractor must select the subcontractor carefully in case of the omission of the subcontractor. However under the Clause 26.2, the subcontractor who has been proposed by the Contractor must be accepted by the Project Manager. If the Project Manager does not accept the subcontractor, then the Contractor cannot appoint such subcontractor. Under the Clause 26.3, the Contractor has to submit the proposed conditions of contract for every subcontract to the Project Manager for his acceptance and approval unless an NEC Contract is proposed. Besides that, if the Project Manager agreed that no submission is required then the Contractor is not need to submit it. This clause also stated that the reasons that the Project Manager does not accept the subcontractor who is proposed by the Contractor are: The subcontractor will not allow the Contractor to provide the works. The subcontractor does not include a statement that the parties to the subcontract shall act in a spirit of mutual trust and cooperation. Chapter 3: Reasons of why Nomination has been stopped 3.0 Reasons of why Nomination has been stopped In the opinion of Jennie Price (1999), the disadvantages toward the main contractor are some of the reasons that the nomination has been stopped. The Main Contractor will lose his right to choose his favorite subcontractor to carry out the part of works. He would hard to communicate with the subcontractor who is nominated by the Employer thus cannot cooperate well. Since the Main Contractor is forced to employ the subcontractor so he is unable to impose his own terms and conditions which are more commercially advantageous to him. Other than that, the Nominated Contractor is normally difficult to be managed and controlled since their direct link with the professional team and the Employer. They will not easily listen to the Main Contractor on the design works due to the works are their expertise. Since some of employer will repeat the business with the nominated subcontractor, then the said nominated subcontractor will monopoly in this industry. Other subcontractors will not have chance to receive the job and make them suffer in their incomes. On the other hand, quality of the works might be dropped due to some nominated subcontractors handle few projects in the same period. They cannot concentrate on a single project and make the quality of every works will be dropped. 3.1 Advantages and Disadvantages toward the Employer Jennie Price (1999) agreed that Nomination provides some advantages and disadvantages toward the Employer which are shown as below: Advantages to the Employer: The Employer is able to select the person whom he wishes to carry out the subcontract works. Through the warranty NSC/W, the Employer has the direct contractual link with the subcontractor. It can covers matters such as design or materials selection by the subcontractor. Disadvantages to the Employer: The Employer has to take the risks and bear the responsibilities on the Nominated subcontractor due to his omission of works. If any defaults have been found, then the Employer should bear the extra costs. There are no rights against the main contractor in the event of defective design by the Nominated subcontractor. The Main Contractor entitles to claim Extension of Time if the progress of the main contract works is delayed by the Nominated subcontractor. Besides that, he could also claim for the Loss and Expenses due to the delay of works which is caused by the subcontractor. Since the Main Contractor does not take any responsibility on the Nominated subcontractor, there may be lack of management of the progress of the works on site of the subcontractor. 3.2 Opinion for the new appointment procedure of subcontractor In my opinion, the new specialist subcontractor/supplier appointment procedures are more complex to render the duties of the Architect / Project Manager / Quantity Surveyor. This is because the design teams have not direct contact with the subcontractor. All the instructions which are given by the design teams are passed through the Main Contractor. That might be appeared some mistake in the communication. By the way, the design team also cannot directly manage the subcontractor since the subcontractor only contract with the Main contractor. Chapter 4: Conclusion 4.0 Conclusion After the research, we will know that the procedure of nomination in JCT Form 98 and the reasons for nomination under this Form. Then we know that no more nomination under JCT Form 05. We also get the three methods that appoint a specialist subcontractor in JCT Form 05. NEC 3 ECC 2005 is only for the government works and the Project Manager has the highest authority in this Form. As a conclusion, nomination provides some disadvantages to the Main contractor such as difficult to cooperate between them and the main contractor cannot impose his own terms and conditions to the subcontract. Besides that, the main contractor is usually hard to manage the nominated subcontractor because he has the direct link with the professional design team. Other than that, nomination will make the monopolies arise in the construction industry due to the repeat business between the nominated subcontractor and the Employer. Quality of the works is low since the subcontractor cannot concentrate on single project. The Employer needs to bear the risks and take the responsibilities on the nominated subcontractor. Hence, nomination has been stopped. Finally, in my opinion, there are a lot of benefits that nomination has been stopped since there were a lot of disadvantages. Chapter 5: References Atkinson D. (2009), Sub-Contracting. [Online]. Last accessed on 24th July 2009 available at http://www.atkinsonlaw.com/cases/CasesArticles/Articles/SubContracting.htm CHAPPELL, David (2007). Understanding JCT Standard Building Contracts Eight Edition, Abingdon, Taylor Francis. Gerald N. Hill Kathleen T. Hill (2005), Subcontractor [Online]. Last accessed on 24th July 2009 available at http://legal-dictionary.thefreedictionary.com/Subcontractor NDEKUGRI I. and RYCROFT M. (2009). The JCT 05 Standard Building Contract Law and Administration Second Edition, Oxford, Butterworth-Heinemann. PRICE, Jennie (1999). Sub-contracting under the JCT Standard Forms of Building Contract, London, Macmillan Press LTD Wikipedia (2009), Types of Subcontractor [Online]. Last accessed on 24th July 2009 available at http://en.wikipedia.org/wiki/Subcontractor#Types_of_subcontractor Bibliography Barnes P. and Davies M (2008). Sub-contracting under The JCT 2005 Forms First Edition, Oxford, Blackwell. GERRARD, Robert (2005). NEC2 and NEC3 Compared. Great Britain, Bell Bain. ME Contractor Magazine (2005), what sort of subbie are you. [Online]. Available at http://www.eca.co.uk/IndustryGuidance/CCandL/Download/WhatSortOfSubbieRU.pdf

Language Frustration Essay -- Essays Papers

Language Frustration The article titled â€Å"Language Use in Family and in Society† written by Lee Thomas and Linh Cao, is about how language can affect a single family in a terrible way. Thomas teaches linguistics at the University of Nevada, Reno, and Cao is an English teacher at Sparks High School located in Sparks, Nevada. Cao has much background information on the topic because she herself is part of the family discussed in this essay. Their concern with a language barrier is that it leads to confusion and frustration within the family. They give examples of families becoming more distant due to miscommunication and their sense of loss. Imagine trying to speak with your mother and only understanding half of what she says. Sure you would get the idea, but what if you needed to respond with emotions and feelings that weren’t understood? This article gives you a better sense of acceptance to the many dialects in the world today. Rhetorical appeals called Pathos an d Ethos were used in order to convince the readers that communication is an important part of a family. By using a problem / solution argument, this article presents a problem and suggests a solution. Authors Lee Thomas and Linh Cao write this essay to inform people of the struggles multicultural or bilingual families face when communicating. It does so by stating specific examples from personal experiences and effects it has on families. The intended audience, to which this appeals, is mainly the people of the United States. However, a broader appeal is to people from around the world, who suffer from or understand the situation faced by the family in the story. This was not written to change a person’s mind or influence ... ...er’s dialect and societal influences. As this article informs, it is essential that people begin learning the importance of language. It gives examples of how and why private languages are not effective in society and the problems it may cause. By understanding and observing one family, this story depicts how lack of interest or inability to speak another language can result in family discomfort and individual isolation. The family described is only one of many currently facing these problems. It is difficult to manage a family without respectable communication and makes a person feel secluded not only from society, but their family as well. Through dedication and perseverance a solution for better communication will come within families and in the community. This would decrease the anger and frustration found in today’s multilingual families.

Summary: Charitable Organization and British Way

A summary of the advert that beggars belief.The article â€Å"The advert that beggars belief† by Alexander Chancellor is about beggars in India and Great Britain, they talk about how many beggars there are and what they are using their money on when they get some. Many people try to convince themselves that it's a stupid idea to give beggars money because they use them quite often on many stupid things.Westminster Council making a campaign there says if you give beggars money you â€Å"actually† are guilty in cause of theirs death. It is a bad campaign because they give a wakeup call to people and says it is a bad thing to give money to beggars and you should not do it, because you don’t know what they are going to use their money on and if you do it you can cause their deaths. They call you to stop giving them money.Give an outline of the carious attitudes to charity as expressed in texts.The four texts show the different views of giving charity, there are many ways to donate money today, from when you give a coin to a beggar you see at the streets to send a text on your mobile phone to a charitable organization. The article â€Å"the advert that beggars belief† has a negative attitude to beggars, in Britain they don’t want to give beggars money because they says it can cause their lives because they use the money on drugs or something like that.In the article â€Å"Charity never dies, it only sleeps† we hear about the British way of thinking to improve our own and our families lives, it is best also to improve the lives of those around us. It is a conservative way to think everyone has to be equal. In the article â€Å"the year of charitainment† they talked about that there are so many charity organizations and you have to focus on one and that helps the famous people with, Angelina Jolie helps to focus on Sierra Leone.Comment on the following statement â€Å"to improve our own and our families’ lives, it is best also to improve the lives of those around us.†In the text â€Å"Charity never dies, it only sleeps† it is the British way of thinking: to improve our own and our families’ lives, it is best also to improve the lives of those around us. It is on way out of many to think that everyone has to be equal, there are many people there think of this, and many people think that you have to be selfish about this, and don’t give money to beggars.   

High School Reflection Essay

Final Reflection â€Å"Without struggle there’s no progress† was the quote I looked up to through out my high school experience. As I woke up every morning I hated the fact that I had to go to Warren Easton and feel stressed about it. The only positive aspects I thought about were â€Å"you have to graduate, and prove society wrong†. From the first day I stepped into the halls of Warren Easton, I felt over worked, but very confident. The whole idea of being in high school was great, but the work that sat in my face was not. But hey, that’s high school right? At Warren Easton I had so many incredible, emotional, enjoyable, and most outrageous memories while being a student at Warren Easton. Everyday on the announcements I had to be attentive to my principle, Mrs. Medley, badger my peers about uniforms, being on time, and respecting others. If it wasn’t for Mrs. Medley and administration being there to harass us everyday of the year I wouldn’t have learned resp onsibilities, cause in reality it would have been much more worst. One solution that I will always remember from over the years of high school was how lazy I was. Being lazy from my freshman to junior year really took a toll on me once I became a senior. I was always so stressed out and overwhelmed by the work because I had to force myself to get the work done, and on time. Throughout my hectic high school years I have also grown a lot personally and socially. As a freshman I was one of the shy people that sat in the back of the library everyday. I didn’t communicate much sense I didn’t know anyone that well, but now that I am a senior I am far from shy. High school has showed me that you have to keep positive people around you no matter what because they’ll always be somebody negative around that wants to bring you down mentally telling you can’t, or you’ll never succeed. Everything that I’ve been told positively I will take it into conside ration and apply it to my life. Moreover, the most interacting and fun I had from my junior to senior year for being in the allied health program with Nurse Ferrand. In Allied health we learned about the different fields that involved medicine, interacting with patients, needles, and even drawing blood. In my senior year I got the chance to be enrolled into a nursing program at NANA (nursing assistant network association). In this program we became certified in CNA (certified nursing assistant), Phlebotomy (blood  letting or introduce fluid), and even EKG Technician (performing diagnostic tests to access the heart rhythm and rate in patients). What I like most about this program is that I will have a good job while I am in college. This program also showed me responsibility and dedication. I can honestly say the classes weren’t easy, but I managed to get my schoolwork, and nursing work done and complete on time. In conclusion, I can honestly say that high school was like a roller coaster. I’ve learned so much in these short four years, and I’m truly going to miss it dearly. I will take everything that I’ve learned and apply it to my life after I graduate. Of course I still have plenty to learn, but I feel like I have accomplished one of my first biggest accomplishments in my life. But ill always remember, â€Å"Without struggle there’s no progress†.