Thursday, October 31, 2019

Religious Freedom and Human Rights Essay Example | Topics and Well Written Essays - 1500 words

Religious Freedom and Human Rights - Essay Example e of the International Covenant on Civil and Political Rights which guarantees and protects fundamental human freedoms, there are a lot of cases of their brutal violation. According to the International Religious Freedom Report for 2013, around 400 Shiite and 80 Christians were murdered during the attack of sectarians in Pakistan and are exposed to serious danger in Egypt, Saudi Arabia and Iran. Different religious minorities, including Hindus, are subjected to oppression and physical abuse in Bangladesh due to political instability in the country. Buddhist groups demolished churches and mosques in Shri Lanka. Falun Gong followers and Catholic clergymen were incarcerated and tormented in China (â€Å"International Religious Freedom Report,† 2013, p. 2). So, several questions arise: do people really have the freedom of faith and where lies the difference between religious liberty and religious extremism? The purpose of the paper is to define the concept of â€Å"religious freedom†. Further, it will analyze the impact of this notion on human rights. Also, it will evaluate the importance of religious freedom for the functioning of international system. Though it is popularly believed that religious freedom originated in Western culture, there is persuasive evidence indicating that this concept came from ancient Persia, Sumeria, Africa and China. In conformity with Persian Documentation and Hebrew Scriptures, around 2,600 years ago Cyrus the Great implemented the policy of adopting tolerant attitude towards people of different religions. This regime restored Jewish outcast’s right of returning to their fatherland. Other holy texts pointed out that there must not be any coercion in religious beliefs (Hertzke, 2012, p. 109). Freedom of religion is universally acknowledged to be one of the fundamental human rights. It is stated in different declarations of the United Nations Organization, international agreements and national legislation. Article 18 of the

Tuesday, October 29, 2019

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter 2) Review letter 3) Audit opinion Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. LEGAL EAGLES, LLP [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542

Saturday, October 26, 2019

Development of VLSI Technology

Development of VLSI Technology CHAPTER 1 1. INTRODUCTION The VLSI was an important pioneer in the electronic design automation industry. The â€Å"lambda-based† design style which was advocated by carver mead and Lynn Conway offered a refined packages of tools.. VLSI became the early hawker of standard cell (cell-based technology). Rapid advancement in VLSI technology has lead to a new paradigm in designing integrated circuits where a system-on-a-chip (SOC) is constructed based on predesigned and pre-verified cores such as CPUs, digital signals processors, and RAMs. Testing these cores requires a large amount of test data which is continuously increasing with the rapid increase in the complexity of SOC. Test compression and compaction techniques are widely used to reduce the storage data and test time by reducing the size of the test data. The Very large scale integration design or manufacturing of extremely small uses complex circuitry of modified semiconductor material. In 1959- jack St. Claire Kilby (Texas instruments) they developed the first integrated circuit of 10 components on 9 mm2. In 1959, Robert Norton Noyce (founder, Fairchild semiconductor) has improved this integrated circuit which has been developed by Jack St Claire Kilby, in 1968- Noyce, Gordon E. Moore found Intel, in 1971- Ted Hoff (Intel) has developed the first microprocessor (4004) consists of 2300 transistors on 9 mm2, since then the continuous improvement in technology has allowed for increased performance as predicted by Moores law. The rate of development of VLSI technology has historically progressed hand-in-hand with technology innovations. Many conventional VLSI systems as a result have engendered highly specialized technologies for their support. Most of the achievements in dense systems integration have derived from scaling in silicon VLSI process. As manufacturing has improved, it has become more cost-effective in many applications to replace a chip set with a monolithic IC: package costs are decreased, interconnect path shrink, and power loss in I/O drivers is reduced. As an example consider integrated circuit technology: the semi conductor industry Association predicts that, over the next 15 years, circuit technology will advance from the current four metallization layers up to seven layers. As a result, the phase of circuit testing in the design process is moving to the head as a major problem in VLSI design. In fact, Kenneth M, Thompson, vice president and general manager of the Technology, Manufactur ing, and Engineering Group for Intel Corporation, states that a major falsehood of testing is that â€Å"we have made a lot progress in testing† in reality it is very difficult for testing to keep speed with semi conductor manufacturing technology. Todays circuits are expected to perform a very broad range of functions as it also meets very high standards of performance, quality, and reliability. At the same time practical in terms of time and cost. 1.1 Analog Digital Electronics In science, technology, business, and, in fact, most other fields of endeavor, we are constantly dealing with quantities. In the most physical systems, quantities are measured, monitored, recorded, manipulated, arithmetically, observed. We should be able to represent the values efficiently and accurately when we deal with various quantities. There are basically two ways of representing the numerical value of quantities: analog and digital 1.2 Analog Electronics Analogue/Analog electronics are those electronic systems with a continuously variable signal. In contrast, two different levels are usually taken in digital electronics signals. In analog representation a quantity is represented by a voltage, current, or meter movement that is comparative to the value of that quantity. Analog quantities such as those cited above have n important characteristic: they can vary over a continuous range of values. 1.3 Digital Electronics In digital representation the quantities are represented not by proportional quantities but by symbols called digits. As an example, consider the digital watch, which provides the time of day in the form of decimal digits which represent hours and minutes (and sometimes seconds). As we know, the time of day changes continuously, but the digital watch reading does not change continuously; rather, it changes in steps of one per minute (or per second). In other words, this digital representation of the time of day changes in discrete steps, as compared with the representation of time provided by an analog watch, where the dial reading changes continuously. Digital electronics that deals with â€Å"1s and 0s†, but thats a vast oversimplification of the in and outs of going digital. Digital electronics operates on the premise that all signals have two distinct levels. Certain voltages might be the levels near the power supply level and ground depending on the type of devices used. The logical meaning should not be mixed with the physical signal because the meaning of this signal level depends on the design of the circuit. Here are some common terms used in digital electronics: Logical-refers to a signal or device in terms of its meaning, such as â€Å"TRUE† or â€Å"FALSE† Physical-refers to a signal in terms of voltage or current or a devices physical characteristics HIGH-the signal level with the greater voltage LOW-the signal level with the lower voltage TRUE or 1-the signal level that results from logic conditions being met FALSE or 0-the signal level that results from logic conditions not being met Active High-a HIGH signal indicates that a logical condition is occurring Active Low-a LOW signal indicates that a logical condition is occurring Truth Table-a table showing the logical operation of a devices outputs based on the devices inputs, such as the following table for an OR gate described as below 1.4 Number Systems Digital logic may work with â€Å"1s and 0s†, but it combines them into several different groupings that form different number systems. Most of are familiar with the decimal system, of course. Thats a base-10 system in which each digit represents a power of ten. There are some other number system representations, Binary-base two (each bit represents a power of two), digits are 0 and 1, numbers are denoted with a ‘B or ‘b at the end, such as 01001101B (77 in the decimal system) Hexadecimal or ‘Hex-base 16 (each digit represents a power of 16), digits are 0 through 9 plus A-B-C-D-E-F representing 10-15, numbers are denoted with ‘0x at the beginning or ‘h at the end, such as 0x5A or 5Ah (90 in the decimal system) and require four binary bits each. A dollar sign preceding the number ($01BE) is sometimes used, as well. Binary-coded decimal or BCD-a four-bit number similar to hexadecimal, except that the decimal value of the number is limited to 0-9. Decimal-the usual number system. Decimal numbers are usually denoted by‘d at the end, like 24d especially when they are combined with other numbering systems. Octal-base eight (each digit represents a power of 8), digits are 0-7, and each requires three bits. It is rarely used in modern designs. 1.5 Digital Construction Techniques Building digital circuits is somewhat easier than for analog circuits-there is fewer components and the devices tend to be in similarly sized packages. Connections are less susceptible to noise. The trade-off is that there can be many connections, so it is easy to make a mistake and harder to find them. There are a few visual clues as result of uniform packages. 1.5.1 Prototyping Boards Prototypes is nothing but putting together some temporary circuits, or, as part of the exercises using a common workbench accessory known as a prototyping board. A typical board is shown in Figure 1 with a DIP packaged IC plugged into the board across the centre gap. This board contains sets of sockets in rows which are connected mutually for the component leads to be connected and plugged in without soldering. Apart from these outer edges of the board which contains long rows of sockets are also connected together so that they can be used for ground connections and power supply which are common to most components. Assembling wiring layout on the prototype board should be carried out systematically, similar to the schematic diagram shown. 1.5.2 Reading Pin Connections IC pins are almost always arranged so that pin 1 is in a corner or by an identifying mark on the IC body and the sequence increases in a counter-clockwise sequence looking down on the IC or â€Å"chip† as shown in Figure 1. In almost all DIP packages, the identifying mark is a dot in the corner marking pin 1. Both can be seen in the diagram, but on any given IC only one is expected to be utilised. 1.5.3 Powering Digital Logic Where analog electronics is usually somewhat flexible in its power requirements and tolerant of variations in power supply voltage, digital logic is not nearly so carefree. Whatever logic family you choose, you will need to regulate the power supply voltages to at least  ±5 percent, with adequate filter capacitors to filter out sharp sags or spikes. To provide references to the internal electronics that sense the low or high voltages and also act on them as logic signals, the logic devices rely on stable power supply voltages. The device could be confused and also misinterpret the inputs if the devices ground voltage is kept away from 0 volts, which in turn causes temporary changes in the signals, popularly known as glitches. It is better to ensure that the power supply is very clean as the corresponding outcome can be very difficult to troubleshoot. A good technique is to connect a 10 ~ 100  µF electrolytic or tantalum capacitor and a 0.1  µF ceramic capacitor in parallel across the power supply connections on your prototyping board. CHAPTER 2 2. REVIEW AND HISTORICAL ANALYSIS OF ITERATIVE CIRCUITS As a background research, recent work on iterative circuits was investigated. In this section, seven main proposals from the literature will be reviewed. The first paper by Douglas Lewin published in (1974, pg.76,277), titled Logic Design of Switching Circuits, in this book he states that quite often in combinational logic design, the technique of expressing oral statements for a logic circuit in the form of a truth table is inadequate. He stated that for a simple network, a terminal description will often suffice, but for more complex circuits, and in particular when relay logic is to be employed, the truth table method can lead to a laborious and inelegant solution. 2.1 Example: A logic system could be decomposed into a number identical sub-systems, then if we could produce a design for the sub-system, or cell, the complete system could be synthesized by cascading these cells in series. The outputs of one cell form the inputs to the next one in the chain and so on, each cell is identical except for the first one (and frequently he last one) whose cell inputs must be deduced from the initial conditions. Each cell has external inputs as well as inputs from the preceding cell, which are distinguished by defining the outputs of a cell as its state. Figure 2.1 Iterative Switching Systems The second proposal which will b reviewed was presented by Fredrick J. Hil and Gerald R. Peterson published in (1981, pg. 570), titled Introduction to Switching Theory and Logic Design, in this book, they discussed that iterative network is highly repetitive form of a combinational logic network. The repetitive structure make possible to describe the iterative networks utilizing techniques that already developed for sequential circuits, the author in this books he has limited his discussion to one dimensional iterative networks represented by the cascade or identical cells given in below figure. A typical cell with appropriate input and output notation is given in one more figure below (b). Now note the two distinct types of inputs, i.e., primary inputs from the outside world and secondary inputs from the previous cell in the cascade. And similarly and there are two types of outputs, i.e., primary to the outside world and secondary to the next cell in the cascade. The boundary input s which are at the left of the cascade denoted by us in the same manner as secondary inputs. At some cases the inputs will be constant values. A set of boundary inputs emerges from the right most cell in the cascade. although these outputs are to the outside world, they will be labelled in the same manners secondary outputs. The boundary outputs will be the only outputs of the iterative networks. The third proposal by Barri Wilkinson with Raffic Makki, published in (1992, pg. 72-4) titled -digital design principles, in this book, they discussed about the design and problems of iterative circuits and stated that, there are some design problems which would require a large number of gates if designed as two level circuits. On approach i.e., is to divide each function into a number of identical sub functions which need be performed in sequence and the result of one sub function is used in the next sub function. A design based around the iterative approach is shown in below figure. There are seven logic circuit cells each cell accepts one code word digit and the output from the preceding cell. The cell produces one output, Z, which is a 1 whenever the number of 1s on the two inputs is odd. Hence successive outputs are a 1 when the number of 1s on inputs to that point is odd and the final output is a 1 only when the number of 1s in the whole code word is odd as required. To create an iterative design, the number of cells and the number of data inputs to each cell need to be determined and also the number of different states that must be recognized by the cell. The number of different states will define the number of lines to the next cell (usually carrying binary encoded information). The fourth proposal was reviewed by Douglas Lewin and David Protheroe published in (1992, pg. 369),titled Design of Logic systems, in this book, according to them, iterative networks were widely used in the early days of switching systems when relays were the major means of realizing logic circuits. these technique fell into disuse when electronic logic gates widely available. It is possible to implement an arbitrary logic function in the form of an iterative array, the technique is most often applied to functions which are in the sense ‘regular in that the overall function may be achieved by performing the same operation up to a sequence of a data bits. Iterative cell techniques are particularly well suited to pattern recognition and encoding and decoding circuits with large numbers of parallel inputs. The method is also directly applicable to the design of VLSI circuits and has the advantage of producing a modular structure based on a standard cell which may be optimized independently in terms of layout etc. Circuits containing any number of input variables can easily be constructed by simply extending the network with more cells. they examine the iterative circuits with some examples, although it is possible to implement an arbitrary logic function in the form of an iterative array, the technique is most often applied to functions which are in this sense ‘regular in that the overall function may be achieved by performing the same operation upon a sequence of data bits. Suppose a logic system could be decomposed into a number of identical subsystems; then if we could produce a design for the subsystem, or cell, the complete system could be synthesized by cascading these cells in series. Problem Reduced: this problem now has been reduced to that of specifying and designing the cell, rather than the complete system. The fifth proposal presented by Brians Holdsworth published in (1993, pg. 165-166) titled Digital Logic Design, stated that iterative networks widely used before the introduction of electronic gates are again of some interest to the logic designers as a result of developments in semiconductor technology. Moss pass transistors which are easily fabricated are used in LSI circuits where these LSI circuits require less space and allow higher packing densities. One of the major disadvantages of hard-wired iterative networks was the long propagation delays because of the time taken for signals to ripple through a chain of iterated cells. This is no longer such a significant disadvantage since of the length of the signal paths on an LSI chip are much reduced in comparison with the hard-wired connections between SSI and MSI circuits. However, the number of pass transistors that can be connected in series is limited because of signal degradation and it is necessary to provide intercell buffe rs to restore the original signal levels. One additional advantage is the structural simplicity and the identical nature of the cells which allows a more economical circuit layout. A book proposed by Brians Holdsworth and R.C. Woods published in (2002, pg.135), titled Digital Logic Design, in this book, the discussion on the structure has made and stated that iterative network consists of number of identical cells interconnected in a regular manners as shown in figure with the variables X1.Xn are termed as primary input signals while the output signals termed as Z1Zn and another variable is also taken a1an+1 are termed as secondary inputs or outputs depending on whether these signals are entering or leaving a cell. The structure of an iterative circuit may be defined as one which receives the incoming primary data in parallel form where each cell process the incoming primary and secondary data and generates a secondary output signal which is transmitted to the next cell. Secondary data is transmitted along the chain of cells and the time taken to reach steady state is determined by the delay times of the individual cells and their interconnections. According to Larry L. Kinney, Charles .H and Roth. JR, published in (2004, pg.519) titled Fundamentals of Logic design, in this book they discussed that many design procedures used for sequential circuits can be applied to the design of the iterative circuits, they consists of number of identical cells interconnected in a regular manner. Some operations such as binary addition, naturally lend themselves to realization with an iterative circuit because of the same operation is performed on each pair input bits. The regular structure of an iterative circuit makes it easier to fabricate in integrated circuit from than circuits with less regular structures, the simplest form of a iterative circuit consists of a linear array of combinational cells with signals between cells travelling in only one direction, each cell is a combinational circuit with one or more primary inputs and possibly one or more primary outputs. In addition, each cell has one or more secondary inputs and one or more secondary outputs. Then the produced signals carry information about the â€Å"state† of one cell to the next cell. The primary inputs to the cells are applied in parallel; that is, they are applied at the same time, the signals then propagate down the line of cells. Because the circuit is combinational, the time required for the circuit to reach a steady- state condition is determined only by the delay times of the gates in the cell. As soon as steady state is reached, the output may be read. Thus, the iterative circuits can function as a parallel- input, parallel-output device, in contrast with the sequential circuit in which the input and output are serial. One can think of the iterative circuits as receive its inputs as a sequence in time. Example: parallel adder is an example of iterative circuits that has four identical cells. The serial adder uses the same full adder cell as he parallel adder, but it receives its inputs serially and stores the carry in a flip-flop instead of propagating it from cell to cell. The final proposal was authored by JOHN F WAKERLY, published in (2006, pg. 459, 462, 756), titled Digital Design Principles, in this book he quoted that, iterative circuits is a special type of combinational circuits, with the structure shown in below figure. This circuit contains n identical modules, each of which contains both primary inputs and primary outputs and cascading inputs and cascading outputs. The left most cascading inputs which is shown in below figure are called boundary inputs and are connected to fixed logic values in most iterative circuits. The right most cascading outputs are called boundary outputs and these cascading output provides important information. Iterative circuits are well suited to problems that can be solved by a simple iterative algorithm: Set C0 to its initial value and set i=0 Use Ci and Pli to determine the values of P0i and Ci+1. Increment i. If i In an iterative circuit, the loop of steps 2-4 is â€Å"unwound† by providing a separate combinational circuit that performs step 2 for each value of i. Each of the works reviewed makes an important contribution to improve the disadvantages and problems by iterative circuits, which is lead to improving the iterative circuits, thus it is appealing me to pursue an investigation on the sequential circuits for better understanding about the iterative circuits CHAPTER 3 3. OVERVIEW OF DESIGN METHODS FOR ITERATIVE CIRCUITS 3.1 Iterative design Iterative design is a design methodology based on a cyclic process of prototyping, testing, analyzing, and refining a product or process. Changes and refinements are made, in the most recent iteration of a design, based on the results of testing. The quality and functionality design can be improved by this process. The interaction with the designed system is used as a research for informing and evolving a project, as successive versions in Iterative design. 3.2 Iterative Design Process The iterative design process may be applied throughout the new product development process. In the early stages of development changes are easy and affordable to implement. In the iterative design process the first is to develop a prototype. In order to deliver non-biased opinions the prototype should be examined by a focus group which is not associated with the product. The Information gained from the focus group should be integrated and synthesized into next stage of iterative design. This particular process must be recurred until an acceptable level is achieved for the user. Figure 3.1 Iterative Design Process 3.3 Iterative Circuits Iterative Circuits may be classified as, Combinational Circuits Sequential Circuits. Combinatorial circuit generalized using gates has m inputs and n outputs. This circuit can be built as n different combinatorial circuits, apiece with exactly one output. If the entire n-output circuit is constructed at once then some important sharing of intermediate signals may take place. This sharing drastically decreases the number of gates needed to construct the circuit. In some cases, we might be interested to minimize the number of transistors. In other, we might want a little delay, or we may need to reduce the power consumption. Normally a mixture of such type must be applied. In combinational logic design, the technique of expressing oral statements for a logic circuit in the form of a truth table is inadequate. For a simple network, a terminal description will often suffice, but for more complex circuits, and in particular when relay logic is to be employed, the truth method can lead to laborious and inelegant solutions. Iterative cell techniques are particularly well suited to pattern recognition and encoding and decoding circuits with a large number of parallel inputs, circuits specification is simplified and large variable problems reduced to a more tractable size, this method is directly applicable to the design of VLSI circuits. It should be pointed out though that the speed of the circuit is reduced because of the time required for the signals to propagate along the network; the number of interconnections is also considerably increased. In general, iterative design does not necessarily result in a more minimal circuit. As the advantage of producing a modular structure, circuits containing any number of input variables can be easily constructed by simple extending the networks with more cells. Suppose for example a logic system could be decomposed into number of identical sub subsystems, then if we would produce a design for the subsystem or a cell the complete system could be synthesized by cascading these cells in series. The problem has now been reduced to that of specifying and designing the cell, rather than the complex systems In general, we define a synchronous sequential circuit, or just sequential circuit as a circuit with m inputs, n outputs, and a distinguished clock input. The description of the circuit is made with the help of a state table with latches and flip-flops are the building blocks of sequential circuits. The definition of a sequential circuit has been simplified as the number of different states of the circuit is completely determined by the number of outputs. Hence, with these combinational circuits we are going to discuss a normal method that in the worst case may waste a large number of transistors For a sequential circuit with m inputs and n outputs, our method uses n D-flip-flops (one for each output), and a combinatorial circuit with m + n inputs and n outputs. 3.4 Iterative Circuits-Example An iterative circuit is a special type of combinational circuit, with the structure shown, The above diagram represents the iterative circuits and this circuit contains ‘n identical modules each of which has both primary inputs and outputs and cascading inputs and outputs. The left most cascading inputs are called boundary inputs and are connected to fixed logic values in most iterative circuits. The right most cascading outputs are called boundary outputs and usually provide important information. Quiet often in combinational logic design, the technique of expressing oral statements for a logic circuit in the form of truth table is inadequate. Iterative circuits are well suited to problems that can be solved by an algorithm i.e iterative algorithm Set C0 to initial value and set i to 0. Use Ci and Pli to determine the values of P0i and Ci+1. Increment i. If i In an iterative circuits, the loop of steps 2-4 is â€Å"unwound† by providing a separate combinational circuit that performs step 2 for each value of i. 3.5 Improving the testability of Iterative Circuits As stated by A.Rubio et al, (1989, pg.240-245), the increase in the complexity of the integrated circuits and the inherent increase in the cost of the test carried out on them are making it necessary to look for ways of improving the testability of iterative circuits.The integrated circuits structured as iteration of identical cells, because their regularity have a set of advantages that make them attractive for many applications. Among these advantages are their simplicity of design, because the structural repetition of the basic cell, manufacturing, test, fault tolerance and their interest for concurrent algorithmic structure implementation. Here in this journal we also study about the testability of iterative circuits the below figure illustrates the typical organization of an N-cells iterative unidimensional circuit (all the signals go from left to right); however the results can be extended to stable class of bilateral circuits. The N cells have identical functionality. Every cell (i) has an external input yi and an internal input xi coming from the previous cell (i-1). Every cell generates a circuit output signal yi and an internal output xi that goes to the following cell (i+1).The following assumptions about these signals are considered below All the yi vectors are independent. Only the x1, y1, y2.yn signals are directly controllable for test procedures. Only the y1, y2 yn signals are directly observable. The xi and ^xi signals are called the states (input and output states respectively) of the ith-cell and are not directly controllable (except xi) neither observable (except xn). Kautz gives the condition of the basic cell functionality that warrants the exhaustive testing of each of the cells of the array. These conditions assure the controllability and observability of the states. In circuits that verify these conditions the length of the test increase linearly with the number of cells of the array with a resulting length that is inferior to the corresponding length for other implementation structures. A fundamental contribution to the easy testability of iterative circuits was made by Freidman. In his work the concept of C-testability is introduced; an iterative circuit is C-testable if a cell-level exhaustive test with a constant length can be generated. This means the length is independent of the number of cells composing the array (N). The results are generalised in several ways. In all these works it is assumed that there is only one faulty cell in the array. Cell level stuck-at (single or multiple) and truth-table fault models are considered. The set T of test vectors of the basic cell is formed by a sequence (what ever the order may be) of input vectors to the cell. Kautz proposed the cell fault model (CFM) which was adopted my most researchers in testing ILAs. As assumed by CFM only one cell can be faulty at a time. As long as the cell remains combinational, the output functions of the faulty cell could be affected by the fault. In order to test ILA under CFM every cell should be supplied with all its input combinations. In Addition to this, the output of the faulty cell should be propagated to some primary output of the ILA. Friedman introduced c-testability. An ILA is C-testable if it can be tested with a number of test vectors which are independent of the size of the ILA. The target of research in ILA testing was the derivation of necessary and sufficient conditions for many types of ILAs (one dimensional with or without vertical outputs, two-dimensional, unilateral, bilateral) to be C-testable. The derivations of these conditions were based on the study of flow table of the basic cells of the array. In the case of an ILA which is not C-testable modifications to its flow table (and therefore as to its internal structure) and/or modifications to the overall structure of the array, were proposed to make it C-testable. Otherwise, a test set with length usually proportional to the ILA size was derived (linear testability). In most cases modifications to the internal structure of the cells and/or the overall structure of the ILA increase the area occupied by the ILA and also affect it performance. ILA testing considering sequential faults has been studied, sequential fault detection in ripple carry adders was considered with the target to construct a shortest length sequence. In sufficient conditions for testing one dimensional ILAs for sequential faults were given. It was not shown that whenever the function of basic cell of an ILA is bijective it can be tested with constant number of tests for sequential faults. To construct such a test set like this a procedure was also introduced. The following considerations from the basis of our work. Many of the computer aided design tools are based on standard cells libraries. While testing an ILA, the best that can be done is to test each of its cells exhaustively with respe

Friday, October 25, 2019

Fit to be tied :: essays research papers

There are two types of human: married and unmarried. Marriage is good and singleness is good too, but most of the people who are still single, of course want to have a spouse. But many of them do so for wrong reason. There is such thing as a pressure from the outside of single one's life, says to them that there's something wrong with them which forces him/her to get into marriage. There are many married people who are lonely, but singles choose to marry because of this wrong thinking, that they will be lonely no more. I agree with the author that ultimate peace, joy comes only from our Lord God. Another myth why people, who have been wounded during childhood, marry is because they think their spouse will heal their brokenness. They seemingly look for spouses but actually they need healers. They will go into any available relationship, but eventually there is more pain. But singles should first face the problems that they experience, and then choose the partner very carefully. Marri age is also not the guarantee to happiness, unless Christ is the only center in the lives of both. And marriage is not for everyone. Well, if I will be single, then I can spend more hours with my Lord. When we have the buying mood we can buy very expensive car, just if it has a soft seat. People hate when somebody gives them advice they don't like, especially if you're believer marrying unbeliever. They reject those advices, and eventually marry spiritually incompatible partners. Spiritual compatibility is very important; you could share together the Greatest Treasure - Jesus Christ Lord. It causes a lot of problem if in the marriage each spouse has his own plan for each other, but only in Bible, we can find a single solution, a single blueprint for the marriage. It is very important when spouses face life problems; both of them have common strength - prayer to God. Only He can strengthen when very painful times come up. When you are away from home you shouldn't worry what your spouse teaches your kids, to prevent that it is better to have spouse who will have the same Lord as you are. It is not enough just to be with the same belief, but it is very important also to have spiritual oneness, where your ideas fit with your spouse’s ones.

Wednesday, October 23, 2019

Distinction of Sex and Gender

1. The sex/gender distinction. The terms ‘sex’ and ‘gender’ mean different things to different feminist theorists and neither are easy or straightforward to characterize. Sketching out some feminist history of the terms provides a helpful starting point. 1. 1 Biological determinism Most people ordinarily seem to think that sex and gender are coextensive: women are human females, men are human males. Many feminists have historically disagreed and have endorsed the sex/ gender distinction.Provisionally: ‘sex’ denotes human females and males depending on biological features (chromosomes, sex organs, hormones and other physical features);‘gender’ denotes women and men depending on social factors (social role, position, behaviour or identity). The main feminist motivation for making this distinction was to counter biological determinism or the view that biology is destiny. A typical example of a biological determinist view is that of Ged des and Thompson who, in 1889, argued that social, psychological and behavioural traits were caused by metabolic state.Women supposedly conserve energy (being ‘anabolic’) and this makes them passive, conservative, sluggish, stable and uninterested in politics. Men expend their surplus energy (being ‘katabolic’) and this makes them eager, energetic, passionate, variable and, thereby, interested in political and social matters. These biological ‘facts’ about metabolic states were used not only to explain behavioural differences between women and men but also to justify what our social and political arrangements have to be.It would be inappropriate to grant women political rights, as they are simply not suited to have those rights; it would also be futile since women (due to their biology) would simply not be interested in exercising their political rights. To counter this kind of biological determinism, feminists have argued that behavioural and psychological differences have social, rather than biological, causes. For instance, Simone de Beauvoir famously claimed that one is not born, but rather becomes a woman, and that â€Å"social discrimination produces in women moral and intellectual effects so profound that they appear to be caused by nature†.Commonly observed behavioural traits associated with women and men, then, are not caused by anatomy or chromosomes. Rather, they are culturally learned or acquired. Although biological determinism of the kind endorsed by Geddes and Thompson is nowadays uncommon, the idea that behavioural and psychological differences between women and men have biological causes has not disappeared. In the 1970s, sex differences were used to argue that women should not become airline pilots since they will be hormonally unstable once a month and, therefore, unable to perform their duties as well as men (Rogers 1999, 11).More recently, differences in male and female brains have been said to explain behavioural differences; in particular, the anatomy of corpus callosum, a bundle of nerves that connects the right and left cerebral hemispheres, is thought to be responsible for various psychological and behavioural differences. 1. 2 Gender terminology In order to distinguish biological differences from social/psychological ones and to talk about the latter, feminists appropriated the term ‘gender’.Psychologists writing on trans sexuality were the first to employ gender terminology in this sense. However, in order to explain why some people felt that they were ‘trapped in the wrong bodies’, the psychologist Robert Stoller (1968) began using the terms ‘sex’ to pick out biological traits and ‘gender’ to pick out the amount of femininity and masculinity a person showed. Along with psychologists like Stoller, feminists found it useful to distinguish sex and gender.This enabled them to argue that many differences between women and men were socially produced and, therefore, changeable. For instance Gayle Rubin's thought was that although biological differences are fixed, gender differences are the oppressive results of social interventions that dictate how women and men should behave. Women are oppressed as women and â€Å"by having to be women† (Rubin 1975, 204). However, since gender is social, it is thought to be changeable and adjustable by political and social reform that would ultimately bring an end to women's subordination.Feminism should aim to create a â€Å"genderless (though not sexless) society, in which one's sexual anatomy is irrelevant to who one is, what one does, and with whom one makes love† (Rubin 1975, 204). In some earlier interpretations, like Rubin's, sex and gender were thought to complement one another. The slogan ‘Gender is the social interpretation of sex’ captures this view. Nicholson calls this ‘the coat-rack view’ of gender: our sexed bodies are like coat racks and â€Å"provide the site upon which gender [is] constructed† (1994, 81).Gender conceived of as masculinity and femininity is superimposed upon the ‘coat-rack’ of sex as each society imposes on sexed bodies their cultural conceptions of how males and females should behave. This socially constructs gender differences – or the amount of femininity/masculinity of a person– upon our sexed bodies. That is, according to this interpretation, all humans are either male or female; their sex is fixed. But cultures interpret sexed bodies differently and project different norms on those bodies thereby creating feminine and masculine persons.So, this group of feminist arguments against biological determinism suggested that gender differences result from cultural practices and social expectations. Nowadays it is more common to denote this by saying that gender is socially constructed. This means that genders (women and men) and gendere d traits (like being nurturing or ambitious) are the â€Å"intended or unintended product[s] of a social practice† (Haslanger 1995, 97). But which social practices construct gender, what social construction is and what being of a certain gender amounts to are major feminist controversies.There is no consensus on these issues. (See the entry on Intersections between Analytic and Continental Feminism for more on different ways to understand gender. ) 5. Conclusion This entry first looked at feminist arguments against biological determinism and the claim that gender is socially constructed. Next, it examined feminist critiques of prevalent understandings of gender and sex, and the distinction itself. In response to these concerns, the final section looked at how a unified women's category could be articulated for feminist political purposes and illustrated (at least) two things.First, that gender — or what it is to be a woman or a man — is still very much a live is sue. Second, that feminists have not entirely given up the view that gender is about social factors and that it is (in some sense) distinct from biological sex. The jury is still out on what the best, the most useful or (even) the correct definition of gender is. And some contemporary feminists still find there to be value in the original 1960s sex/gender distinction.

Tuesday, October 22, 2019

Christianity And Islam Comparison Religion Essays

Christianity And Islam Comparison Religion Essays Christianity And Islam Comparison Religion Essay Christianity And Islam Comparison Religion Essay Islam on the other manus is a faith expressed by the Quran. Quran is the book which contains the word of God every bit far as Islamic religion is concerned. It contains the instructions harmonizing to Prophet Muhammad who is the last prophesier of Islam. Those who follow the instructions harmonizing to Prophet Muhammad are called Muslims and the word Islam means entry to God. They do believe in one God and besides that old messages of God were altered and merely the message from Quran was non altered.Muslims patterns include the five pillars of Islam, fasting, praying, Alms-giving, pilgrims journey and following the Islamic jurisprudence which touches about every facet of life. The Muslim faith belongs to two denominations which are Sunni Islam and Shia Islam. Muslim believes that Prophetss like Moses, Abraham and Jesus as human existences who were sent by God to present his message to his people all over the universe. They believe that Prophetss are human existences merely like others and they are non godly but can execute miracles. They are encouraged to follow the life of Prophet Mohammad in their twenty-four hours to twenty-four hours set abouting since he is the 1 who was eventually sent by God to convey message to the whole universe.DiscussionBoth Christianity and Islam are Abrahamic faiths due to the fact that they do follow their beginnings to Abraham. It is acknowledged in both Christianity and Islam that Abraham is their ascendant. For case Christianity began as a subdivision of Judaism which was regarded as the faith of Jacob. Jacob was the grandson of Abraham. It so evolved as a different faith with its patterns and beliefs. It came up with the thought of cosmopolitan community therefore replacing simple monotheism. Islam on the other manus was founded subsequently by Muhammad and was based on the instructions of the Quran.Inclusiveness of Christianity was maintained but reverted back to simple monotheism with a prophesier who is non godly. It is clear that all the Abrahamic faith worships an sole God, and is monotheistic. Christianity and Islam believe that there is one God, He is the Godhead, he regulations, loves, reveals, forgives and Judgess. They both believe that there is one God who created the universe and his word should be obeyed. It is besides believed by both faiths that the one and merely God will find on the twenty-four hours of the judgement the fate of all humanity based upon 1s actions and believes. As far the Bibles used by both faith is concerned, they both acknowledge the narratives of Adam, Moses and Noah but with a little difference.In Christian religion, Abraham is considered as a critical illustrat ion of religious, faith and ascendant of Son of God Jesus. His act of offering to give his lone boy Isaac is seen as conveying to realty the prognosis of God giving his Son Jesus Christ. Islamic position of Abraham is somewhat different because they consider him as a prophesier who is the courier of God. He is considered as the male parent of Islam since he was the first Muslim. In short, both Christians and Muslims do see Abraham as an of import portion and package of their religion and faith.Similarities of Christian and IslamBoth faith belief that there is merely one true God and one is non supposed to idolize any other God. Most of the Prophetss like Jesus and Ibrahim are from God himself and belief that ascended in Eden. Torah, Gospel and the Prophetss were given by God and trusters are supposed to obey the word of God. Believers should give up themselves to God. It is believed that Jesus will return and besides that God will raise all for the judgement. Those who believe in hi m will travel to heaven after their decease while who do non believe will travel to hell and be punished for of all time. No 1 should be killed as a consequence of his or her religion and besides the hapless should be accorded the aid that they deserve. The faiths are both massive due to the fact that they both believe in one God as the Godhead of Eden and Earth. God is besides considered to do compact with his people every bit good as holding a good relationship with those who believe in him. No 1 knows the Day of Judgment in both faiths and on that twenty-four hours, the Satan will be defeated and God will emerge the victor. Miracles besides occur on occasion and God forgives those who repent their wickednesss. The Prophetss in both faiths are believed to hold brought religious direction to God A ; acirc ; ˆâ„ ¢s people. There are some subdivisions in both the Holy Bible and the Quran that seem to be the same such as the narrative of Adam and Eve, kids of Israel and the na rrative of Moses. They expect that Jesus Christ will come once more on the judgement twenty-four hours.The pillars of Islam and ChristianityThe five pillars define the construction of the Muslim life. They are indicant of participant, religion, support for the needy, fasting during the month of Ramadan and eventually a visit to Mecca at least one time in Muslim life-time for those who can afford. There are some bases that seem to associate Muslim to Christianity every bit far as both the Bible and the Quran are concerned. The first pillar of Islam is the testimony of religion. This means that harmonizing to the Muslim they do proclaim that there is no other god Apart from true God and none other should be worshiped. It is the most of import pillar of Islam and it is called Shahada ( Esposito, 1998 ) . The Christians besides proclaim being of one God through the apostle A ; acirc ; ˆâ„ ¢s credo. It is hence clear that both Islam and the Christian has a manner of proclaiming t he being of merely one God and no other God should be worshiped. The other pillar of Islam is giving Zakat which merely means that the destitute people amongst the Muslim community should be supported. They believe that wealth belongs to God. Zakat means giving a certain per centum of wealth to the needy but a Muslim can give every bit much as he or she pleases. This is echoed in Christianity by giving charity. Harmonizing to Christians, they give as a religious displine and it is non a must. This is a manner of admiting that the wealth they have is from God. This is the same position in Muslim faith. Christians start giving from every bit low as 10 % tithe of their wealth but it is recommended that this should be exceeded so that the needy can be assisted and besides that wealth can be used to distribute the word of God ( Ratzinger, 2004 ) . Christians operate utilizing the rule of generousness.The pillar of participant province that Muslims pray five times a twenty-four hours and during the remunerator there is a direct nexus between God and the supplication. They do play at morning, midday, mid-afternoon, sundown and at dark but one can pray anyplace. Besides in Christianity, participant is a Christianity value. Christians, most of the times use prewritten participants like Psalmss.Christians besides belief that there is personal relationship with God but through Jesus Christ. Players conducted by Christians are largely personal confession and congratulations to God.The forth pillar of Muslim is fasting during the month of Ramadan. They do fast from morning to sunset by abstaining from sexual dealingss, nutrient and drink. It is considered by Muslim as a manner of sublimating one A ; acirc ; ˆâ„ ¢s religious life through denying oneself the secular amenitiess. This is besides echoed in Christian life when they fast during the seven hebdomad period prior to Easter. This in Christianity is referred to as Lent period. This helps the Christians to conce ntrate on their life with God although one can fast any clip during the twelvemonth. From the Bible besides, Jesus Christ fasted for 40 yearss. This is a good illustration for Christians to follow.Pilgrimage to Makkah is another pillar of Islam. This is an duty to every Muslim to see Makkah at least one time in life-time. It is carried out during the 12th month of Islamic calendar. Male Muslims wear particular fabrics which eliminate differentiations of category, doing everyone look the same before God. Christians may besides travel to idolize God in specific topographic points such as churches and other historical topographic points and international churches like Hillsong in Australia. However it is non necessary to travel to these topographic points. Merely as Muslims, Christians are besides entitled to travel on trips of company and evangelism. Although it is non a must, every Christian is supposed to travel on a mission trip one time in a life-time.Critique of ChristianityMosle ms do non believe that Jesus Christ is the boy of God ; instead they do believe that Jesus is a prophesier merely like Moses. They don amp ; acirc ; ˆâ„ ¢t besides believe that Jesus Christ died on the cross. They believe that he ascended in to heaven. Christians believes in three that is, God the male parent, God the boy and God the Holy Spirit which is strongly opposed by Muslims. Muslim oppose the fact that all of world is held responsible for the wickedness of Adam and Eve.They do believe that all world is born pure and is responsible for his or her ain wickednesss.DecisionAlthough both Christianity and Muslim are of different faiths, they do hold a historical background which seems to portion some commonalties. For case they both believe and follow the instruction of Abraham. Their belief to some extent is similar for case believing in one God as Godhead of Eden and Earth and all world. Some of their moral codifications seem to be the same. Both Christianity and Muslim believe that religion should be based of the single workss. This merely means that one as a truster should pattern what one believes and non merely state by the word of the oral cavity. Besides human existences in both faiths are considered to hold rights and hence actions such as slaying and larceny are prohibited.