Les Demoiselles d?Avignon Essay -- Essays Papers

Les Demoiselles d?AvignonAs strolled through New York City?s Museum of new-fangled Art , unmatched particular painting grabbed me , shook me , then through me to the ground to contemplate its awesome power. Like a whirlwind of art , Les Demoiselles d?Avignon , by Pablo Picasso , sent my emotions spinning. I felt extremely uncomfortable glancing at it , let alone staring at it closely for twenty minutes. The raw sexuality and strain that Les Demoiselles d?Avignon radiated was suddenly overwhelming yet very confusing. Other art lovers in the room also expressed discomfort as they glanced at the fantastic 96x92 inch painting. to the highest degree people would only allow quick glances in between long stares at the more typical paintings on the other walls. I even perceive one girl remark ?it?s so gross? in a nervous and uncertain voice. I had to know wherefore Les Demoiselles d?Avignon was doing this to me and the others in the room. Les Demoiselles d?Avignon was the cr op of an irritated and restless Pablo Picasso. In 1906 , Picasso began to tire of painting in the fairly traditional manner that governed his paintings up to Les Demoiselles d?Avignon. His solution was to modify painting.1 Why was Picasso unsatisfied with traditional painting? Essentially Picasso?s overall dissatisfaction for sticking with anything for a long period caused him to take up the difficult pastime of revolutionizing painting. He was known to constantly modify the styles and mediums through which he created his art. Andre pinkish-orange, a poet and friend Picasso, was once quoted as accusing Picasso of ?trying to attract his friends to speculate on the whole problem of art every time they took a brush in their hands.? 2 This quote is very telling of Picasso?s need to change and solve artistic problems. In 1906 he abandoned the painting traditions that stretched all the way back to the Renaissance , and began Les Demoiselles d?Avignon. Les Demoiselles d? Avignon was the product of intense study. The comments of Salmon , shed light on the intensity of the project ?....He became uneasy , He turned his canvases to the wall and threw down his paintbrushes. For many long age and nights , he drew....Never was perseverance less rewarded with joy , and without his former youthful enthusiasm Picasso undertook a large canvas that was intended to be the fruit of his experiments.? 3 both aspect o... ...ing is an enemy.....the fetishes were weapons. To help people avoid coming under the influence of spirits again , to help them become independent.......I understood why I was a painter....Les Demoiselles d?Avignon must have come to me that very day , but not at all because of the forms because it was my first exorcism painting-yes absolutely? 15 Picasso used Les Demoiselles d?Avignon to free himself from what the world had told him was absolute. Les Demoiselles d?Avignon mocks and teases the faith that people put into their ignorance of the unknown. Picasso?s Les Demoiselles d?Avignon continues to challenge a shake people to this day.Bibliography crapper Richardson , A look of Picasso volume 2 1907-1917 (New York Random House Press 1996) 15.Arriana S. Huffington , PicassoCreator and Destroyer . (New York Simon and Schulster , 1988) 89.Marie-Laurie Berndac and Bouchet , Picasso Master of the New Idea . (New York , Abrams , 19 Kirk Varnedoe , Response to Les Demoiselles d?Avignon. (http//www.moma.org/docs/collection/paintsculpt/c40.htm , 1997)George H. Hamilton , icon and Sculpture in Europe 1800-1940 . (New Haven Yale U. Press 1993) 46-47 Les Demoiselles d?Avignon Essay -- Essays PapersLes Demoiselles d?AvignonAs strolled through New York City?s Museum of Modern Art , one particular painting grabbed me , shook me , then through me to the ground to contemplate its awesome power. Like a whirlwind of art , Les Demoiselles d?Avignon , by Pablo Picasso , sent my emotions spinning. I felt extremely uncomfortable glancing at it , let alone staring at it closely for twenty minutes. The raw sexuality and tension that Les Demoiselles d?Avignon radiated was absolutely overwhelming yet very confusing. Other art lovers in the room also expressed discomfort as they glanced at the enormous 96x92 inch painting. Most people would only allow quick glances in between long stares at the more typical paintings on the other walls. I even heard one girl remark ?it?s so gross? in a nervous and uncertain voice. I had to know why Les Demoiselles d?Avignon was doing this to me and the others in the room. Les Demoiselles d?Avignon was the product of an irritated and restless Pablo Picasso. In 1906 , Picasso began to tire of painting in the fairly traditional manner that governed his paintings up to Les Demoiselles d?Avignon. His solution was to revolutionize painting.1 Why was Picasso unsatisfied with traditional painting? Essentially Picasso?s overall dissatisfaction for stick ing with anything for a long period caused him to take up the difficult quest of revolutionizing painting. He was known to constantly change the styles and mediums through which he created his art. Andre Salmon, a poet and friend Picasso, was once quoted as accusing Picasso of ?trying to force his friends to speculate on the whole problem of art every time they took a brush in their hands.? 2 This quote is very telling of Picasso?s need to change and solve artistic problems. In 1906 he abandoned the painting traditions that stretched all the way back to the Renaissance , and began Les Demoiselles d?Avignon. Les Demoiselles d?Avignon was the product of intense study. The comments of Salmon , shed light on the intensity of the project ?....He became uneasy , He turned his canvases to the wall and threw down his paintbrushes. For many long days and nights , he drew....Never was labor less rewarded with joy , and without his former youthful enthusiasm Picasso undertook a larg e canvas that was intended to be the fruit of his experiments.? 3 Every aspect o... ...ing is an enemy.....the fetishes were weapons. To help people avoid coming under the influence of spirits again , to help them become independent.......I understood why I was a painter....Les Demoiselles d?Avignon must have come to me that very day , but not at all because of the forms because it was my first exorcism painting-yes absolutely? 15 Picasso used Les Demoiselles d?Avignon to free himself from what the world had told him was absolute. Les Demoiselles d?Avignon mocks and teases the faith that people put into their ignorance of the unknown. Picasso?s Les Demoiselles d?Avignon continues to challenge a shake people to this day.BibliographyJohn Richardson , A Life of Picasso volume 2 1907-1917 (New York Random House Press 1996) 15.Arriana S. Huffington , PicassoCreator and Destroyer . (New York Simon and Schulster , 1988) 89.Marie-Laurie Berndac and Bouchet , Picasso Master of t he New Idea . (New York , Abrams , 19 Kirk Varnedoe , Response to Les Demoiselles d?Avignon. (http//www.moma.org/docs/collection/paintsculpt/c40.htm , 1997)George H. Hamilton , Painting and Sculpture in Europe 1800-1940 . (New Haven Yale U. Press 1993) 46-47

Jewish Christian Relations Essay -- essays research papers

While we speak about the tenuous relationship between Christians and Jews dating back to the time of Christ, the seeds for the schism within Judaism whitethorn have been planted more than 500 years prior. Jeremiah was one of a group of distinguished prophets whose works became part of the Old Testament canon. The Judaic " experience" prophets lectured, warned and blamed all who would listen about the sins of their own people, the resulting punishments that God had prescribed for them, and what they had to do to get back into Gods good graces.     Some prophets targeted Jewish monarchs as an idolatrous distraction which prevented the people from properly hearing the Word of God. Other prophets still maintained that Jews should continue to believe that God would not abandon his chosen people. regardless of the specific message, it was clear that the overall prophetic approach to Gods obligation with the Jewish people was changing."A good century aft er the come back from Exile...the doctrine of retribution, of Gods righteousness, which rewards and punishes...had been shattered," said Catholic theologian Hans Kung in his book Judaism Between Yesterday and Tomorrow (Kung 113).In the passage quoted from Jeremiah above, the prophet is predicting that a new covenant would be formed between God and his people, an agreement that would supersede the pact made between Moses and God upon Sinai and at the Red Sea. The first covenant, Jeremiah indicated, would become aught and void because of the sins of the Jewish people. The new covenant would absolve these sins and reaffirm Gods fidelity to his people."This famous prophecy provides the foundation and the core of the central theo lucid teaching of the raw(a) Testament," said The Collegeville Bible Commentary on the Old Testament. "It underlies, but without explicit references, much of the new life theology of St. John and is central to the teaching of Jesus in Johns s topping point Supper discourse." (Collegeville 469).While Jeremiah is interpreted from many perspectives, some early Christian apologists proof-texted his words as an indication that the Jews had been cast aside by God because they had not remained unwavering to Him and his Mosaic covenant. Jesus of Nazareth was the fulfillment of Jeremiahs prophesies, so some claimed, and the Jews would remain shunned and doom... ...0/18/97).In fairness, over the first 1900 years after the Jewish schism, not all of Catholic and Christian attitudes toward Jews were uniformly oppressive. For limited periods of time, there were tolerable conditions in some countries for people of the Jewish faith. There were also some Catholic leaders who found ways to show tolerance and understanding toward the Jews. It also must be noted that there was, conversely, contempt in word, writings, and deeds displayed by rabbinical Judaism toward Christians during these centuries as well.Recent efforts by Jewish hi storians such as David Biale of Berkeley emphasize the success, achievements, and power bases that Jews did have at various points during this time period (Kung page 159.) Although it predominates its history, the Jewish heritage is not simply one of continual suffering, persecution, and subservience.Nonetheless, the majority of available historical evidence overwhelmingly demonstrates that theologically-fueled anti-Semitism prevailed during the nineteen centuries following Christs death, and many of these attitudes and persecutions provided logical segues which led up to 20th century European anti-Semitic atrocities.

Humorous Wedding Speech for a Groom Who has Moved Frequently :: Wedding Toasts Roasts Speeches

Humorous Wedding Speech for a Groom Who has Moved frequentlyFirstly, on behalf of the bride and groom, let me thank you all for attending this wedding celebration which Im sure you will agree has been organised magnificently well - and I find the wedding album has better coverage than the (insert latest tablod scandal here)LaughterYesterday evening I was advised of my official wedding day duties and responsibilities. I was advised that, when greeting guests, to pay special attention to unaccompanied women. Im way ahead on that one, Josephs already given me a list of names with photos. On the subject of guests, in the run-up to today, Joseph and Barbara had a bit of an issue with the seating plan, because they truly couldnt decide who to put where. So I offered to step in and support work something out. What we finally decided was to use the wedding gift list, and put those who bought the biggest items nearest the front, and work it covering fire from there. So if they can hear me at the back there, thank you to Tony and Sue for the oven glove. And if you look around this room youll see there are guests here from all around the world. Joseph has made a lot of planetary friends, and presumably they are all now part of his pyramid scheme. Nobody travels as widely as this man, Paris, New York, Moscow. In fact, last Friday when I went to meet him at the airport, three planes landed and Joseph got off all of them. In the twelve years weve been friends he has lived in so many places, and moved more clock than e trulyone I know - put together. I now always give his cell phone a ring before I drop by to visit, to check that he hasnt moved again. In fact, it started to get so complicated, at one point I considered studying for a University Geography degree to asseverate up with him. But they say that every busy man should have a wife. Then he wont have to waste time in devising up his own mind. Now, at some point Im supposed to say what an honour it is being Jo sephs best man. And when I say best man, I really mean best man. Just have a look at table four over there and youll see there really was very little competition - that just looks like the bar scene from Star Wars.

Capital Punishment :: essays research papers

ceiling Punishment is the ultimate denial of human rights. There argon strong indications that rather than deterring violence, it increases peoples tolerance of and tendency toward violence. Though capital punishment does not deter capital crimes it does constitute a uniquely cruel and degrading punishment. Its imposition forever deprives a potentially innocent individual the benefits of new evidence or a new virtue that might warrant the reversal of a conviction or the setting aside of a finish sentence. In addition, the cost of executing a mortal in the U.S. is far higher than the cost of imprisoning him or her for life. States wishing to condemn cruel and inhuman acts of killing do not serve their purpose by repeating the act of killing.The average homicide set in the 13 states without the finish penalty is lower than the average homicide rate in the 37 states where it is legal. Between 1972 and 1990, the homicide rate in Michigan which has no death penalty, was generally as low or lower than the neighboring state of Indiana, which restored the death penalty in 1973. The U.S. Bowers- throw study analyzing executions between 1907 and 1963 concluded, that an average of two additional homicides were committed in the month after an execution they also noted a brutalizing effect on society resulting from executions. According to FBI statistics the murder rate in some states which use the death penalty is twice that of some states which do not use the death penalty. Between 1976 and 1985, almost twice as many law enforcement officers were killed in death penalty states as were killed in states that dont use the death penalty. The death penalty has not proven its worth to society study after study has shownthat it fails to deter crime, no credible body of evidence contradicts them.Capital punishment is pre- meditated killing and, like all killing, involves a cruel and violent assault on the human body. If administering 100 volts of electricity to the most sensitive split of a mans body is rightly condemned as torture, how does a state condone the administration of 2,000 volts to a human body in tack to cause death? At a 1990 Florida execution, a malfunction of the electric chair equipment caused flames to leap six inches above the prisoners head each(prenominal) time the current was turned on. In 1992, a prisoner in Oklahoma had a violent reaction to the drugs used in the lethal injection.

Electric ID Essays -- Technology Animals Essays

electrical IDEach year hundreds pets ar stolen from their owners and resold beca exercise they get no unchanging ID. Thousands more are turned into shelters and euthanized because their owner is unknown. These pets could have been returned to their owner if they had the proper ID. When most lot look for a way to identify their pet, many slew choose a simple dog tag. However, tags can fall off or the knowledge can wear off. There are more unending ways to ID an animal traditionally tattoos were employ but today engineering has given owners a better option, the microchip. Microchip IDs are just that. A illumination microchip is placed underneath the skin of the pet and it can be used to accurately identify the owner of the animal.There are many companies that render pet microchips, and the two main companies in the United States today are AVID and Destron-Fearing. Although two microchips are essentially the same in function, there are key differences that a pet owner should look at when choosing one. They include the design of the microchip, the countries it is used in, the operating life, the species it is used in, the digital scanner that will read it, the databases, and the make up. out front examing the differences, two question need to be answered what is it and how does it work?What is it?In the last twenty years, technology has produced a product that allows for an animal to be permanently identify for life. This product is called an electronic ID or a microchip. A microchip is a very humiliated tube, about the size of a grain of rice that is injected into a specific site on the animal. Each tube contains a microchip that is encoded with a curious ID that cannot be changed. This number is read by a scanner and allows the... ...no matter where the animal is, the owner can always be traced.When comparing the cost of ID options, a simple dog tag on the collar is the cheapest route. Although the cost of the microchip may seem quite large at fi rst, overall it can indite pet owners money because it lasts for the lifetime of the pet. While both companies have good products, a pet owner needs to consider several things before choosing to use a microchip and which company they feel is best. Most biological evidence specifys to HomeAgain as the better choice. Between the two companies, HomeAgain has returned more pets to owners than any other company. Isnt that the point?ReferencesAKChttp//www.akc.org/love/car/AVIDhttp//www.avidcanada.com/thechip.htmlDestron-Fearing (HomeAgain)http//www.destron.com/elect.htmlmicrochipshttp//www.electronicidinc.com/eidback.html Electric ID Essays -- Technology Animals EssaysElectric IDEach year hundreds pets are stolen from their owners and resold because they have no permanent ID. Thousands more are turned into shelters and euthanized because their owner is unknown. These pets could have been returned to their owner if they had the proper ID. When most people look for a way t o identify their pet, many people choose a simple dog tag. However, tags can fall off or the information can wear off. There are more permanent ways to ID an animal traditionally tattoos were used but today technology has given owners a better option, the microchip. Microchip IDs are just that. A miniature microchip is placed underneath the skin of the pet and it can be used to accurately identify the owner of the animal.There are many companies that manufacture pet microchips, and the two main companies in the United States today are AVID and Destron-Fearing. Although both microchips are essentially the same in function, there are key differences that a pet owner should look at when choosing one. They include the design of the microchip, the countries it is used in, the operating life, the species it is used in, the scanner that will read it, the databases, and the cost. Before examing the differences, two question need to be answered what is it and how does it work?What is it?In t he last twenty years, technology has produced a product that allows for an animal to be permanently identified for life. This product is called an electronic ID or a microchip. A microchip is a very small tube, about the size of a grain of rice that is injected into a specific site on the animal. Each tube contains a microchip that is encoded with a unique ID that cannot be changed. This number is read by a scanner and allows the... ...no matter where the animal is, the owner can always be traced.When comparing the cost of ID options, a simple dog tag on the collar is the cheapest route. Although the cost of the microchip may seem quite large at first, overall it can save pet owners money because it lasts for the lifetime of the pet. While both companies have good products, a pet owner needs to consider several things before choosing to use a microchip and which company they feel is best. Most biological evidence points to HomeAgain as the better choice. Between the two companies, HomeAgain has returned more pets to owners than any other company. Isnt that the point?ReferencesAKChttp//www.akc.org/love/car/AVIDhttp//www.avidcanada.com/thechip.htmlDestron-Fearing (HomeAgain)http//www.destron.com/elect.htmlmicrochipshttp//www.electronicidinc.com/eidback.html

Electric ID Essays -- Technology Animals Essays

Electric ID each(prenominal) year hundreds darlings ar stolen from their owners and resold because they have no permanent ID. Thousands to a greater extent are turned into shelters and euthanized because their owner is unknown. These caresss could have been returned to their owner if they had the proper ID. When most people forecast for a way to key their pet, many people consume a primary dog tag. However, tags ass fall off or the information can wear off. There are more permanent ship canal to ID an animal traditionally tattoos were used but today technology has given owners a break up option, the scrap. Microchip IDs are just that. A miniature chip is placed underneath the skin of the pet and it can be used to accurately identify the owner of the animal.There are many companies that manufacture pet microchips, and the dickens main companies in the United States today are AVID and Destron-Fearing. Although both microchips are essentially the same in function, there are mainstay differences that a pet owner should look at when choosing one. They include the design of the microchip, the countries it is used in, the operational life, the species it is used in, the scanner that will read it, the databases, and the cost. Before examing the differences, two question need to be answered what is it and how does it work?What is it?In the last twenty years, technology has produced a result that allows for an animal to be permanently identified for life. This product is called an electronic ID or a microchip. A microchip is a very small tube, roughly the size of a grain of rice that is injected into a circumstantial site on the animal. Each tube contains a microchip that is encoded with a unique ID that cannot be changed. This number is read by a scanner and allows the... ...no head where the animal is, the owner can always be traced.When comparing the cost of ID options, a simple dog tag on the collar is the cheapest route. Although the cost of the mi crochip may seem quite large at first, overall it can save pet owners money because it lasts for the lifetime of the pet. While both companies have full(a) products, a pet owner needs to consider several things before choosing to use a microchip and which company they feel is best. Most biological enjoin points to HomeAgain as the better choice. Between the two companies, HomeAgain has returned more pets to owners than any other company. Isnt that the point?ReferencesAKChttp//www.akc.org/ respect/car/AVIDhttp//www.avidcanada.com/thechip.htmlDestron-Fearing (HomeAgain)http//www.destron.com/elect.htmlmicrochipshttp//www.electronicidinc.com/eidback.html Electric ID Essays -- Technology Animals EssaysElectric IDEach year hundreds pets are stolen from their owners and resold because they have no permanent ID. Thousands more are turned into shelters and euthanized because their owner is unknown. These pets could have been returned to their owner if they had the proper ID . When most people look for a way to identify their pet, many people choose a simple dog tag. However, tags can fall off or the information can wear off. There are more permanent ways to ID an animal traditionally tattoos were used but today technology has given owners a better option, the microchip. Microchip IDs are just that. A miniature microchip is placed underneath the skin of the pet and it can be used to accurately identify the owner of the animal.There are many companies that manufacture pet microchips, and the two main companies in the United States today are AVID and Destron-Fearing. Although both microchips are essentially the same in function, there are key differences that a pet owner should look at when choosing one. They include the design of the microchip, the countries it is used in, the operating life, the species it is used in, the scanner that will read it, the databases, and the cost. Before examing the differences, two question need to be answered what is it a nd how does it work?What is it?In the last twenty years, technology has produced a product that allows for an animal to be permanently identified for life. This product is called an electronic ID or a microchip. A microchip is a very small tube, about the size of a grain of rice that is injected into a specific site on the animal. Each tube contains a microchip that is encoded with a unique ID that cannot be changed. This number is read by a scanner and allows the... ...no matter where the animal is, the owner can always be traced.When comparing the cost of ID options, a simple dog tag on the collar is the cheapest route. Although the cost of the microchip may seem quite large at first, overall it can save pet owners money because it lasts for the lifetime of the pet. While both companies have good products, a pet owner needs to consider several things before choosing to use a microchip and which company they feel is best. Most biological evidence points to HomeAgain as the better choice. Between the two companies, HomeAgain has returned more pets to owners than any other company. Isnt that the point?ReferencesAKChttp//www.akc.org/love/car/AVIDhttp//www.avidcanada.com/thechip.htmlDestron-Fearing (HomeAgain)http//www.destron.com/elect.htmlmicrochipshttp//www.electronicidinc.com/eidback.html

Merton’s Theory Essay

single of the well know socialists of the twentieth century is Robert K. Merton (1910-2003). He is a major theorist who is known for creating several pivotal sociological concepts. One of his nigh important achievements has been the established connection between theory and research, thereby making the way for the course of sociology.Merton favored what he called middle range theories these atomic number 18 theories that lie between minor but necessary working hypotheses that evolve in abun spring during day to day research and all inclusive arrogant efforts to develop a unified theory that entrust explain all the observed uniformities of social behavior, social organization, and social change ( Sztompka 1986). But what he gets most of his credit for is his work on the concept of the Manifest and Latent. I intend to explain his concept of Manifest and Latent. And then take a look at his Strain Theory to see whether or not it mickle explain crime in our society.Merton explains that there be certain concepts that arise from functionalism they are unadorned and latent function . He explains manifest function as the intended result of an action. He also explained that latent function was the fortuitous result of action. at once Merton is not the one who coined these terms he give that credit to Freud (1915). Both of these men contended that almost every action had manifest and latent functions. Although Merton took it a whole tone further he argued that some times the latent function was far much important than the manifest function.One of his greatest examples of this is the Hopi rain dance. This is where he explained how the dance (action) was to pee rain (manifest) although not every time was there rain (latent). But he went further he explain that although the rain did not create rain it created a special bonding (an separate latent) with in the Hopi tribe. This in essence showed that not all latent functions are bad and that some of the unintended results can have a profound benefit. This is in slight contrast to other socialist then again it is not really. It is Merton expanding on theses philosophies and bringing them current indoors society.Now we see that Mertons manifest and latent functions greatly enhanced the notion of society as a system of interwoven parts, not scarcely because he acknowledges there are various functions to severally part. But because of the differences of the various functions have with in each part that might not coincide with each other or that they may even conflict. Merton emphasized that different parts of a system might be at odds with each other and, thus, that even functional or beneficial institutions or sub systems can produce dysfunctions or unintended consequences as well (Appelrouth).This brings us to two more parts of Mertons theory, difference and dysfunction. Merton was extremely influential of the theory of deviance. It is the most cited article in sociology. Merton tried to e xplain the variances in rates of deviance harmonise to social structural location. To explain deviance from a sociological view deviance refers to the actions that do not conform to the dominant norms or values in a social group or society.Merton believed that deviance came about when there was a disconnect between culture and society. This he said happened when values get under ones skin out of sync with the means of being able to achieve them. One of the better ways Merton showed this was that success in society means having a skinny job and making a lot of money. But when there are no good jobs to make the money to be successful people will turn to illegal means to make enough money to be considered successful. This brings about an unintended consequence, it is because of this disconnect or in other words it brings about a dysfunction.Now dysfunction was not coined by Merton, it was first emphasized by Emile Durkheim who stated that while positive social changes , such as per iods of scotch growth, might alleviate certain problems, they may also produce significant unanticipated consequences (such as an increased likelihood for moral disorder) (Appelrouth).Merton took what Durkheim had proposed and elaborated on this covering that although positive social changes may have unintended negative consequences, you can also have a negative social changes that can produce unintended positive consequences. Although Merton showed both sides he is better known for highlighting the negative consequences.Now we look at Merton strain theory to try and explain it as I believeMerton saw it. . Merton believed that crime did not simply arise from the deviant values incorporated in say, slum neighborhoods. Rather crime emerged from mainstream schematic values, which for example, all Americans were socialized into. Merton believed that the core values stressed material success however, the problem was that not every American was equally placed to achieve this success. T his in turn leads to strain, of which crime is concomitant.American society is criminally programed argued Merton. The idea of the American Dream was, according to Merton, a myth, subverted as it were by the persistence of poverty, epidemic racial discrimination and numerous disadvantages faced by blacks and Hispanics. All this helps contribute to the high levels of crime, the solution being to create more opportunities for the poor in order to increase their chances of legitimately achieving material success. Mertons thinking was that if crime resulted from a lack of legitimate opportunities to achieve the goal of material success, than increasing those opportunities ought to lessen crime.Merton believed that individuals living in American society are subconsciously socialized into desiring certain goals, primarily that of covert material success. Society itself provides the means to do this high school, college, business opportunities and university, however, where opportunities are blocked for individuals because of, for example, social class and race, then problems of strain arise. As Merton put it there is a contradiction between the cultural emphasis on monetary ambition and the social opportunities to achieve it. This Merton called an anomic society, from which crime naturally occurs.If we look at Mertons strain theory, and try to explain whether it adequately explains deviance and crime in our society. I would have to say that it does. Everyone trust to succeed but there always seem to be obstacles. By human personality I believe people are programed to take the path of least resistance. Especially when there are obstacles. So Merton is absolutely right by saw if there are not enough jobs to make money people will make money illegal by selling drug or doing whatever have you.I believe he is also right that this crime does not come from the slums, as we know there are a lot of influential people in jail. I believe this is because they just got too greedy. I guess once you have you dont want to bea have not.ReferenceAlder, F 1995Opportunity StructureAppelrouth, S 2008Classical and Contemporary Sociological TheoryMerton, R 1996 revisionOn Social Structure and Science

Effect of Vandalism

EFFECT OF VANDALISM There are many effects that can be seen by the material and emotional. Vandalism effects not by individuals but also society and the country also adversely imp turninged due to immoral acts and inconvenient for exclusively parties. Vandalism may affect the individual, community, and country. Most individuals that commit with vandalism just want to release their anger and to meet satisfaction, when the individuals still to perform the identical act again will affecting the problem persists. This will indirectly lead to worse things will happen such as robbery or murder.Vandalism is oftentimes underestimated by the local community. They just sit back while the vandalism occurred in front of their eyes. Finally the community will suffer the consequences of the heinous activities. company is difficult to make contact during emergency situations habitual phones damaged house is on fire. In addition, the community is not comfortable while using anformer(a)(prenom inal) public property. Such as wet while waiting for the bus at the bus stop roof damage cannot be prevented because of the rain.Graffiti on the walls of public toilets worsen and encourage the younger generation to emulate this unhealthy. Many vandalism phenomena that can affect the eye can see, and this of course affects the image of the country. Total losses due to acts of vandalism are very large. Allocation of funds used for the new replacement and repair damaged facilities should be better used for other projects that are more beneficial. This course will be beneficial to society as a whole.This will certainly affect the economy because tourists are not willing to travel to our country due to adverse environmental conditions and attitudes of the people who do not concerned. In effect, the tourism industry will decline. At the same time, this will give a bad impression to the people of that country. The tourism industry contributes to other sectors such as hospitality. The hot el sector will not propose reliable reception due to declining travel industry. This causes people unemployed due to lack of employment sectors.

Mercy killing Essay

The first spring we support mercy killing is it does relieve the pain that the diligent suffer. For patients that terminally ill, there no need to make any actions to prolong their life because this may make them struggle and suffer in the last second gear of their life. All those chemotherapy and medicines may prolong the patient life but also torture them physically and mentally as these treatments have side effects on human body. It is quite depressed when seeing the patients having all these treatments. It is a way for the patient to release themselves from all these pain.Another reason we support it is it will sign the burden of the patients family especially from the economically aspects. From the day the patient started to hospitalise, the medical fees for the patient started to count into the bill. For patient that is not capable to carry on these medical fees, they will feel stress to find money to pay for this large amount of bill. They may start to think of selling the ir own properties and scour loan money from loan sharks, just to pay the bill. The medical fee in a hospital is not cheap, if the patient stays one much day in the hospital, the family need to more money to the hospital. Even the patient will also feel stress when know his or her family members are musical accompaniment for the medical bills. The third reason is euthanasia can save life. For example, a coma patient who has laid on bed for about 10 years.For this 10 years, he is occupying a hospital bed, medical equipment and medicine that sustain his life. As we know, almost every day, the spaces in hospital are inadequate for incoming patients. preferably of letting the coma patient to suffer and wasting a bed space, mercy killing an incurable patient can definitely save scads of life. Besides, if the organs of the patient are still functioning well, his organs can donate to other patients who are in need and have higher hazard to survive. In short, euthanasia not only bring the grief suffered by a patient to an end, but this method too, can save many others lives. This reason should compensate the ethics problem that the public are discussing for decades.

Hard Times Essay Essay

How does the Tempter show his dislike for the pedagogics system in Hard Times? What is the effect of this system on Louisa? Does she repugn to resist her very utilitarian upbringing? In the novel Hard Times, set in Coke T aver written in 1854, two explores his own ideas of the poverty-ridden, factory towns of the 19th century Industrial Revolution. The book is based on family and it also shows the detail of the social standards of the time, poverty, the difficulty of life and the tough education system. direction at this time was difficult and hard to enjoy for those children who wanted to explore fantasy and surrealism those with active or overactive imaginations. The reason was that the education system at this time was purely factual. The education that Louisa and her younger pal Thomas receive in this book is an education based on facts, this Charles Dickens seems to detest. I appreciate Dickens may not devour liked this type of education because it eliminated all sorts o f fantasy and surrealism.Being a fiction author, I think that he would find this annoying as he used his imagination to create his books. I think this may be one of his motives for writing the book. One of the briny(prenominal) characters in the book itself, Thomas Gradgrind (Senior) states that the education of children should be Facts, facts, facts, nothing more, nothing less than facts. His young daughter Louisa does not seem to be fond of this recital and does not like to hear her father say it. When she is at home she is given all sorts of instruments to use by her father.She seems to dismiss the idea of using them, whereas her crony Thomas obeys by his fathers orders, showing no reluctancy, perhaps this is because he is a boy and his father would like him to succeed and become as successful as him, after all they share the same name. Fantasy books, creative writing and anything supernatural would not even be considered in the souls of the teachers. The pupils were taught about economic issues, the political sympathies and mathematical figures. They were also taught some politics. Their education was limited, and it did not allow their minds to stretch to the boundaries of fantasy and fiction.Charles Dickens portrays this in the book well we gain an (If quite limited) appreciation of the poorer childrens view on education. But people in poverty hardly enter the book in terms of views on education. In Dickens view the children in the classroom are being prepared to be yet more workers in one of the many factories in Coke Town. Louisa is a child who seems to have a passion for surrealism and imagination, and would probably be found daydreaming at times. I think that this type of education would then be difficult for her, and even more difficult that her father was the main enforcer of the facts.We realise that she has a passion for everything creative when she and her brother are caught peeping at the circus. She more or less stands up to her father , but I think she is scared of his power so she decides against it. The education the children are receiving is not helping them to develop a creative mind with ambition for jobs in high up places. No, the education the children are receiving is based on facts and nothing but. This kind of education does not prepare them for the real solid ground it prepares them for a life of working in the drab factories of Coketown.Dickens does not really encounter education for children in poverty in this book. Dickenss view on the education system and schools is that they are where any trace of imagination and wonder are extracted from the children, and replaced by pure facts. This makes us ponder the skepticism did Charles Dickens believe that an education was to be void of all facts, or did he believe that fact mixed with fiction was the correct charge to modernise children? Dickens shows his opinions very clearly passim the book.The repetition of the word facts all end-to-end the book, the way it is said and how the facts are being ground deeper and deeper into the childrens minds, shows us his dislike to this system. Louisa is a victim of the education system. This is quite ironic, seeing as her father is the very man trying to enforce facts upon her and her classmates. Being an imaginative, creative child, implicated in the circus, colour and arts she sits caught in the web of facts and struggles to escape. We see her frustration towards her father and society as a whole grow and develop throughout each part of the book.Dickens makes the reader question Gradgrinds method of teaching and education and lets the reader decide if it is right or wrong by the evidence Dickens gradually reveals during the course of the book. Charles Dickens creates a character whose teaching methods are quite different from the education system these days. Dickens has created a character, which is disliked by many, both in attitude and appearance. Gradgrind is described to be square . Square wall of a forehead Dickens has used this imagery so the reader perceives Gradgrind as a very dull and square character.Dickens has described Gradgrind as a square man as it forces you to imagine a man with boundaries, and four straight walls with equal sides, nothing more nothing less. In this way he portrays Gradgrind as a formal man, which helps you with the impression that he is a man of facts. Each chapter is cleverly titled. They give us insight into Dickens view of the events taking place in that specific chapter. Murdering the innocents is an example of Dickens putting his view into the titles. This is a clear indication that he thinks the planting of facts and the lack of imagination involved is not good and is not right.He thinks this is basically killing the children, who are innocent because they have thoughts which are pure, and these pure thoughts include imagination. The fact that this innocence is being taken away from them and they are turning into adolesc ents way that they are entering a world of dishonesty, fault and failure. Dickens also portrays the characters true traits through their names. Mr. Gradgrind and Mr. MChoakumchild are both examples of this. We can tell by the naming of the characters that they are both strong and most likely intimidating or cruel.Gradgrind implies the gradual grinding of facts into the childrens heads. Dickens uses these names as imagery. From Mr. MChoakumchild we obviously imagine the choking of a child. This gives us the impression that he does not like children and that he chokes them of their imagination. It makes you believe that he would not permit them to have their own thoughts of creativity but stick to facts and facts alone. I think Dickens has done this to inform the reader early on that these characters are not in the right and to hopefully give us the same impression of this education system as him.Certain pupils get treated differently to others in Coketowns school. It appears that ho w well you are treated in the school depends on your social posture. Sissy Jupe is involved with the circus she is rather looked down upon by the teachers because of this. She is referred to as girl number 20, whereas someone from a better background may be called by his or her real name. Her relationship with Louisa later on in the story also tells a tale of its own about class and how people are treated. Bitzer is treated with respect within the education system because he is of higher(prenominal) class, although not much higher than that of Sissy Jupe.He is quick to answer questions in class with straight facts, and this pleases the teachers. His knowledge of facts and the fact he is from a wealthier family determines his status and amount of respect he is given by teachers and students alike. Because of this division between the two characters we see them progress throughout the book watching how they both vary and develop under the same system. Bitzer follows and abides by t he rules of facts, with his pale visage and his eagerness to please.He is a teachers pet and is eager to learn and get in their good books- not ashamed to suck up to get where he wants to be. He is a very eager boy, and his pale appearance and bulky eyes give him a strange owlish appearance. In contrast Louisa rebels is a small but healthy, normal looking child, rebelling against the rules, longing for freedom and compliments to use her imagination and explore fantasy. In conclusion I think that Dickens has written the book Hard Times in such a way that the reader empathises and understands the hardship of an education based purely on facts.He has written the book in such a way that you obligate with his opinions on the system and you agree with his dislike of the education system. He makes you dislike the system, but not in an obvious way and he does it subtly throughout the book so that you agree with him all the way through. He uses subtle descriptions and techniques, which ma ke the reader agree with his opinions. The way he uses chapter titles and characters names, the way Sissy and Louisa struggle through the system all add to your understanding of Dickens views.From the beginning of the book till the end, Louisa shows signs of wanting to explore the unknown, fantasy and fiction, but because of the current education system and her father being at the head of it, Louisa struggles to do this. Louisa finds that she cannot suppress her imagination whilst maintaining the rules of the system, and as she grows up she finds it easier to stand up to her father. Throughout the book, Louisa does anything to please her brother because of the factor of male dominance she will try and get him out of trouble and help him as much as she can.In a way she almost sees him as an older brother, or someone to look out for, who may in turn look out for her. At the end, she finally becomes lax of the shackles and facts that are binding her and can express herself imaginative ly and creatively. Thomas Gradgrind Louisa both have incredibly opposite opinions. They grow together throughout the book and although Gradgrind is the main enforcer of facts, his daughter Louisa opens his eyes to the fact that imagination, creativity and fantasy are to be embraced in the education system, and not abolished from the minds of the young.

Сauses of the Protestant Reformation

The landmark Protestant Reformation is used to describe what was originally an effort to reform Western or Catholic Christianity (the term Catholic means universal) but ended up creating a separate tradition. Several st seasons can be identified as part of the Reformation, get with Martin Luther (1483-1546) in Germany then shifting to John Calvin (1509-1564) and Huldrrych Zwingli (1481-1531) in Switzerland (206). Reforming appraisals later spread to England, leading to the Church of England (Anglican) breaking from Rome (1533) and the growth of many Protestant denominations, such as Methodist, Baptist and Congregational.Luthers nailing of his 95 theses to the door of the Castle Church in Wittenburg in 1517 is widely considered as launching the Reformation but earlier population, ideas and move workforcets contributed toward Luthers actions. Political and religious factors both lie behind the Reformation. First, religious then semipolitical causes of the Reformation are discusse d below. Among several forerunners of the reformation was John Wycliffe (d. 1384), the English record translator and his disciple Jan Huss (1372-1415) of Bohemia. Earlier movements and attempts to reform the Church also lie behind the Reformation.Many wanted ordinary Christians to read the Bible for themselves and blurred the distinction amid repose and ordained. One of the major emphases of the reformation was the priesthood of all believers. Direct access to the bible in vernacular langu periods, non in Latin which few lay people spoke or read, was regarded by Catholic priests as dangerous, by-passing their priestly role as mediators. Luther, an Augustinian monk and professor at Wittenburg, became convinced that the Church substituted itself for religion, acting as if salvation was a commodity that could be bought and sold, which the Pope did in the form of indulgences.Preoccupied with justification, Luther determined that faith is Gods free generate it can non be earned by good works or bought from the perform. He also criticized the wealth and political power of the Church. He renounced celibacy, arguing that the Christian vivification is a vocation that should be lived out in the world. Protestants rejected papal authority gave priority to the bible, recognized two (as compared with seven) sacraments, baptism and dialogue ( whatsoever jettisoned the concept of sacrament) gave communion in both kinds (as compared with only bread) and taught the priesthood of all believers.Behind these Protestant emphases was discontentment with a Church that was dominated by priests, practiced many traditions that could not be traced buns to scripture and that was preoccupied with wealth and power at the expense of spirituality. Such practices as buying church offices (simony), clerical marriage or the keeping of mistresses as well as the sale of indulgences, all compromised the Churchs moral and spiritual authority. Faith for Protestants usually involves a pers onal experience of re new-madeal. You are not born a Christian but reach Membership of a Church does not mean that you are necessarily a true believer.Invention of the publish press, too, made placing the Bible at the cracker bonbon possible because much and more people could now read the bible. Translation also facilitated this process. The above also had political implications. Much money went from countries such as the German states to Italy to pay for building churches or to maintain the lavish lifestyle of popes and bishops in Rome. Earlier, during what was called the investiture controversy of the eleventh and 12th centuries, the Pope had vied with kings and princes over who had the right to appoint church officers, with the Pope claiming that only he had the right to do so.In fact, there was also historical stress between the Popes claim to be the ultimate temporal as well as spiritual authority and kings who saw themselves as command directly under divine authority wi th no need for papal approval. Following Luthers denunciation of indulgences and of other beliefs and practices, several German princes supported his new movement, asserting that they had the right to choose which version of Christianity would be the church within their state.Effectively, this was what Henry VIII did when he declared that the Church of England was independent from Rome, that it was the established church of his realm. Henry became head of the Church of England. In theory, the Popes saw the Church as above the state, since they legitimized kingly succession. In Protestantism, the Church tends to be regarded as under the state, or as a partner in running the state. Luther and other reformers were in part successful because they had the support of political leaders.From the perspective of kings and other temporal rulers, change the power of the Pope and retaining money within their own states was a significant factor. For Luther and his fellow reformers, the Reformati on had more to do with matters of the heart. Luther experienced a personal transition while preparing his lectures on the Book of Romans and it was this experience that prompted his ideas about faith alone, grace alone and scripture alone. Yet without the support of temporal rulers he would probably have been convicted of heresy and executed.Rather than single out one or several causes of the Reformation as the most important, arguably, what lies at the root of the Reformation was a new spirit of humanism that was sweeping Europe. Luther was no humanist but he did want to give Christianity back to the people and in a understanding to individuals, who would study the Bible, undergo personal, individual religious experiences and who would not have to answer to an external sources of authority. No one would stand between a person and their God, although kings act to do so as stamped out alternatives to their choice of a state church. . The reincarnation has been called the birth of modernity. Why? The spiritual rebirth describes the stage from about 1300 to about 1600, although historians discord about the exact parameters. Historians actually identify several renaissances such as the English renaissance and the Scottish renaissance although the term is often restricted to the Italian renaissance. Modernity can be a misleading concept, because what was thought modern in the 1920s seems old-fashioned in the opening years of the 21st century. The war cry means re-birth.Following the Black Death, which emasculated the population of Europe killing about a quarter of the population, some people decided that if life was short they ought to become as much as possible masters and mistresses of their destiny. Life was too fragile to be put forward to a great many limitations and controls. The typical Renaissance Man did not confine himself to a single area of interest but studied a wide range of disciplines. Leonardo Da Vinci (1452-1519) for typeface was a scient ist, an inventor, an artist, a anatomist, musician, visionary, musician and engineer.Arguably, Da Vinci did not want to miss out on any aspect of learning that was accessible to him as a human individual. He wanted everything that life could afford him. One contributing factor behind the emergence of the Renaissance was the rediscovery of classical learning aided by the influx of Greek refugees from Constantinople after 1453, when it fell to the Ottomans. Scholars from the East brought with them copies of Aristotle, Plato and other Greek masters. Other forgotten texts traveled to Europe via the Muslim world through Spain. The City-state of Florence was implemental in developing Renaissance ideas.Some suggest that after the Black Death merchants and workers gained importance. Since they were fewer in number, they could demand higher wages and more privileges. In little states, their importance was magnified. More wealth led to more interest in spending their leisure time pursuing learning and other interesting activities. Previously, intuition had been dominated and policed by the Church to ensure that ideas though dangerous and contrary to Christian teaching did not develop. Lay people now turned to honest academic endeavors and were less concerned with conformity to Christian ideas.What many saw in the classical texts was confidence in humanity itself, in human superpower to shape the world, to control human destiny. The way in which the human form was depicted in Greek sculpture testified to the nobility of the human form. Renaissance men such as Petrach (1304-1374) actually thought that ancient times were superior and wanted to reconstruct the past. Ancient knowledge of the functioning of the human body suggested the uniqueness of man among other creatures. All of this shifted the human to the center. Renaissance thought is not characteristically atheist but it is generally classed as humanist.Much scholarship cogitate on the humanities, that is, poe try, grammar, history, moral philosophy and rhetoric and there was a deep concern with how men and women could live virtuous lives. Giovanni Pico della Mirandola (1463-1494) famously said that man is the saloon of all things which can be taken as the motto of the age. The Renaissance was also given a boost because wealthy people decided that impish art and learning was worthwhile. In what sense did the Renaissance prefigure or give birth to modernity? Modernity here is understood as the age of mature humanism. God is no longer thought to supervise and pre-ordain human affairs.The Church is no longer the guardian of learning. Knowledge is that which can be empirically proven, regardless of whether the Church approves or not. While many great men of the Renaissance still believed in God and in eternal punishment or reward, others began to distance themselves from religion. Some tended to think that God created the world and humanity but then stepped aside, leaving people to determi ne their own destiny. Modern thinkers do not look to religious doctrines to determine right from wrong but see notions of morality as socially agreed constructs which are therefore fluid and subject to change.A thinker such as John Stuart Mill (1806-73) argued that a world free of religion would be more moral because people would act not in order to earn a reward but simply because an act was moral. Spinoza (1632-77) produced a system of ethics that was derived from rational thought, not from scripture. The idea that humans, by ingenuity can cure diseases, shape the world to suit their needs, redeem past mistakes by new feats of engineering and learning, puts humanity at the center and all but makes God redundant.God becomes either wishful thinking or a dangerous idea, one that prevents people from taking responsibility. Historians, though, are divided on whether the Renaissance was a bridge from the tenderness Ages to modernity or whether nostalgia for the past was so rampant tha t it could not prepare for an unknown the future. Or, even if Renaissance people did glorify the past this was in order to improve the world in which they lived and the world in which their children and their children would later live. Renaissance people were confident that human skill could make the world a better, more attractive place.The impetus to know the world led to the great explorers, which in turn inspired the more new-made quest to reach the stars. Arguably, Renaissance people looked back to take what was best from the past so that humanity could move forward. Thus, modernity has its roots in Renaissance conviction that man is the measure of all things. 2. The Early Middle Ages are often referred to as the Dark Ages. Why? Was there any learning during this period? Dividing history into periods and naming them is problematic because not everyone agrees on how time should be divided.Characterizing an era by its main ideas or ethos, such as Renaissance, attainment may b e better than using such terms as Middle Ages or Modern because what can now be called Middle exit later be nearer the start of written history. What is now modern will seem antiquated. The term Middle Ages may remain appropriate when apply to the period between the classical and the Renaissance, that is, from the 5th to the 13th centuries, although the Renaissance is sometimes included in the late Middle Ages, ending in the 15th century.Defining historical periods by describing their ethos depends on establishing a consensus about what characterized them. It was the Renaissance thinker, Petrarch (d. 1374) who first referred to the early Middle Ages (roughly end of fifth to end of ninth century) as the Dark Ages. Petrarch believed that the classical world was superior to the age in which he lived, itself characterized as a period of re-birth, that is, of reviving ancient ideas. Consequently, for Petrach, the period between the end of the classical age and the beginning of the Rena issance was dark.The term Middle Ages was also coined by a Renaissance period scholar, Flavio Biondo (d. 1463) who distinguished the classical, the Middle and the modern periods. For him, modernity began nigh about his own time, or perhaps from the Fall of Constantinople (1453). During the Dark Ages, Learning was rare, confined almost exclusively to the Church and many clergy were badly educated. Europe was divided, since the attempt to unite the former provinces of the Roman Empire as the Holy Roman Empire failed.The Catholic Church was the only pan-European organization and this may have hindered the ripening of science because little other than theology was taught or studied. There was hardly any serious historiography and literature, all in Latin, was almost exclusively hagiography or colligate to theology. Poetry, creative and imaginative writing, fiction, was conspicuous by their absence. Art did exist but was controlled by the Church and comparatively few great buildings o r cultural artifacts were produced, although some were. Examples of great art are the illuminated mss of the Bible, such as the Book of Kells.Certainly, there was a great deal of superstition during the Dark Ages and anything that the Church government could not understand was condemned. This included some ancient knowledge of medicine, dubbed witchcraft and spiritual practices that challenges the Churchs authority, such as Celtic Christianity in Ireland, Scotland and Wales where women vie a greater role and nature was reverenced. In fact, however, there were centers of learning where non-religious subjects were explored some monasteries were isolated but maintained libraries where away from the prying age of the protectors of orthodoxy proscribe ideas were explored.The term dark ages highlights the contrast between the age of discovery when development took place in many areas, in science, medicine and technology from the Renaissance on and the earlier lack of progress or achiev ement. Yet others argue that some important aspects of modern life have their roots in the Dark Ages. For example, although the investigate of unifying Europe under the Holy Roman Empire failed, the Catholic Church did represent a unifying ideal. People were conscious of belonging to an entity that was large than their political unit. People saw themselves as belonging to the same race, with the same rights.The idea of the whole globe as a common habitat may stem from this early understanding of human unity. The idea that everyone, even rulers were subject to the same law and the use of juries of peers can be traced back to the Dark Ages. The gore system remains fundamental to how justice operates in the modern world. In Art, realism was a feature during the Dark Ages, laying foundations for later developments such as the Romanesque and Gothic styles. Universities emerged just after the end of the Dark Ages and cannot have appeared from nowhere, that is, the idea of the Universit y mustiness have some roots in the so-called Dark Ages.The oldest Universities in Europe such as Bologna, Paris and Oxford taught the arts, law, medicine as well as theology. Enough people versed in these subjects but who were not themselves graduates of universities must have existed to teach relevant courses. Presumably, they were the products of monastic centers of learning that had pushed the boundaries of knowledge beyond theological topics. Thus, the term Dark Ages may reflect the perspective of Renaissance scholars more accurately than it does those of modern scholars.On the one hand, the Renaissance is depicted as the beginning of modernity or as its precursor, suggesting that modernity built on antecedents and did not fall out spontaneously, appearing ex nihilo. Similarly, some ideas from the Dark Ages such as early contact with Muslim learning in Spain, may have laid foundations on which the Renaissance built. Pre-Renaissance Europeans were not completely ignorant about classical thinkers, for example. There may be better ways of dividing and characterizing history, although both terms Dark Ages and Middle Ages have had a long shelf life.

Benefits of Running

cart track is a great form of exercise that most people should do because it is a great sort to keep fit, it is non boring and it is inexpensive. Running is one of the top sports to stay in shape. It is healthy and people burn many calories and it helps with weight loss. Running is also affordable. You do not need expensive equipment and it has no gym fees. Besides running can be really fun, they can ask a friend to join them and find out to music while exercising. Many people do not realize the benefits of running.Running reduces the risk of heart disease, stroke, and high blood pressure among many other things. Running also helps with weight loss, building leg muscle, and improves the mental well-being and boost the confidence of any person. Also studies have sh birth that people who run on a regular basis tend to live longer than those who do not. If they want to live longer and healthier lives, running is a great way to do so. In addition, running can be really fun. You just have to be a little creative and add changes to the routine.You can ask a couple of friends to join you and make it fun. If you are an independent person then you can run while listening to your favorite music. Likewise, you can also filter a different route or try running a different course every day. Pick your citys favorite site and plan a course that runs towards or through it. Another benefit of running is that ii is inexpensive. You do not have to belong to a gym or own some expensive equipment to improve your health. Running can be easy and cheap. All you need is a very moderate amount of sport turn to do it.The most they are going to spend on is a decent p ambiance of running shoes. In conclusion running is an ideal way to get needed exercise. You can get fit and stay healthy. Running is not boring if you try to be a little creative. Running is inexpensive, they do not need expensive equipment, they just need some running shoes, and they are ready to go. They can also get some fresh air and enjoy being outside. References * www. MedicalNewsToday. com * www. AmericanCouncilonExercise. com * www. MayoClinic. com * www. Runningtimes. com

Hegemony and Modern Culture

Hegemony and innovative burnish (TV documentary script) Shots of banks, shops, people walking down shopping streets Grafton Street, the Mall in Tralee, Oliver Plunket Street in Cork as representative over speaks Not since the time of Antonio Gramsci has the nonion of hegemony been so relevant in Ireland today. But what is hegemony? Image of Gramsci Hegemony is the phrase adopted by Antonio Gramsci from Marx to explain how social structures evolve. Scenes of Regina Cali prison Antonio Gramsci was born in Italy in 1891. After university, in deference to the fascist Mussolini ruling government he became involved in left wing activity.As a result of this he was arrested in 1928. While in the Regina Cali prison he studied the whole idea of hegemony. He wanted to find out wherefore the weaker forces do not fight back, why do they bow down to their oppressors. He adapted the meaning of hegemony. He realized that it is not just concerned with how the ruling classes give out (as Marx ha d proposed). Gramsci felt that what was missing was an understanding of the subtle but pervasive forms of ideological control and manipulation that seemed to perpetrate all repressive structures1.He also found that the weaker conclave had their part in it by accepting the ruling classs authority. This is the kernel that we argon concerned with. This is the theory that we are passing game to apply to modern culture in Ireland today. Not just why modern culture is imposed but what are the subtle manipulations of this culture and also what is our part in acquiescing to them. Cut to images of Irish legends Cuchulainn, Fionn mac Cumhaill, Deirdre of the sorrows We used to have a culture rich in language, dance, storytelling, education, generosity and a love of the simpler things in life.It had evolved from years of myths and legends passed down from extension to generation. We lived by a code of traditions and values. Later we became colonised by England we were robbed of our language and as a result the stories that made up our culture. Nevertheless we fought back until we gained our independency but already serious changes had occurred in our culture- the culture of property had crept in . Yeats commented on it in September 1913 What regard you, being come to sense, But muck in a greasy till And add the halfpence to the pence And prayer to shivering prayer, untilYou have dried the marrow from the bone For men were born to pray and hand over Romantic Irelands dead and gone, Its with OLeary in the grave. 3 Images of cash tills and money Consumerism has been growing steadily ever since, but its more than than consumerism its a edacity, an insatiable desire, an endless ache for the next shiny object. The care for our fellow human beings has been replaced by this self-importance propulsion . Recently we have been woken from a glut of consumerism, obsessed by the monetary value of property and handbags and plunged into an abyss of recession. Now is the time t o question what happened?What is our culture? Who are the forces that change it and what is our part in adopting this culture as our own? Firstly what is our culture? Culture is anything that engages us socially. It is the media, television, newspapers, magazines, books, internet, art, music and dance. It is all of these and it is more. It is the way we think, the way we live and the things we believe in. Today in Ireland what is most prevalent is the culture of consumerism. Buoyed by the stinting boom that was cognise as the Celtic tiger consumerism grew and grew. Borrowing increased as sales increased on luxury cars.Items such as handbags became known as must haves, the prices of houses escalated at an astonishing rate. Consumer spending increased by 36% in the period 1999 to 20042. As a nation we became gripped with a greed for goods. Where did this come from? Everyday we are bombarded with images of products and goods. The average person sees over a hundred ads a day. The media is littered with advertising. Most fashion magazines and television stations are run by the revenue generated by advertising. So we can observe how Gramscis theory is working, we are being governed by the media to buy these products.But what about the otherwise side, why do we comply so easily. Is it because as a colonised state we are easily duped and behave wish well sheep. There is clearly evidence for this . Because consumerism is our new God, we work all hours to acquire more money. Modern life is riddled with apathy. People dont revolt any more and this is an meaty part of Gramscis model. In order for a social structure to grow it needs to revolt. We did in the 1920s when we gained our political freedom so why not again? Because people today are too busy being distracted by the media.Throughout the media we are shown the perfect way to live, what we need to get it, to attain that lifestyle and most importantly what we should be thinking. Open the supplement to The Sunday Times newspaper, not only will it tell you what artists are settle down and current it will also give you a meter to whats hot and not. There is usually a spread on a decorator or artist with a photo shoot of their house. The following page has a guide as to where you can purchase items that are similar. We are pickaxe our lives and our homes with products in the hope that they will give us an identity, a look a brand.But it goes further than this. Behind this cult of consumerism is a need for something stronger, the constant quest that can never be found. In order for it to fill us it would have to be designual. We have made a false God of the media. tone to it to sustain us, to give us direction and it cant because its not based on spiritual principals. Our increasing lack of faith in Catholism had edged us more towards our readiness to believe in something else, something that makes us feel good, safe, and important. All the things the media claims to do.Social networking sites convince us we are important, that people are implicated in what we say and want to see photos of us. The whole thing is ego based revolving around the church of me. As individuals become more obsessed with themselves, advance by the media (because were worth it) to buy more products, watch more programmes that reiterate the ideology of Me and read more papers that tell you what to buy, community spirit is wasting away to nothing. In order for us to get any way out of this mess we need to look to Gramsci once again. We need to revolt.We need to stop consuming for the wrong reasons. We need to think about our purchasing. We need to become consciously aware of what we are doing. We need to start asking questions? Where is my money going? Is it helping communities or causing farmers to lose their farms? Why do they sell Riverock a Coca-cola product instead of Kerry Spring in the college canteen? Because thats the reality every time you purchase something you set a chain of even ts into motion . Now were aware of our power there is no going back. We need to start a revolution.Some trailblazers have already started with Fair-Trade leading the way with putting a conscience into consumerism. In the field of fashion people like Kellie Dalton are paving the way forward for fashion with a conscience. Her work and the work of others at Redress. ie are helping make fashion more ethical. Hopefully with this growth in conscience a sense of community can once return to our shores and this will replace the endless seeking of self in the wrong places. cue Titles Accompanied with Rage against the Machine Take the Power BackSources 1 http//www. nternationalgramscisociety. org 2 HYPERLINK http//www. davy. ie/content/pubarticles/wmc20070730. pdf http//www. davy. ie/content/pubarticles/wmc20070730. pdf 3 September 1913 WB Yeats HYPERLINK http//www. re-dress. ie/ http//www. re-dress. ie/ Irish Times Magazine, (Saturday Oct 31, 2009) The Sunday Times Style Supplement (Sunday O ct 25th, 2009) Cultural Theory, An Introduction, Philip Smith and Alexander Riley (Blackwell Publishing) pgs 35 37 HYPERLINK http//www. victoryiscertain. com/gramsci http//www. victoryiscertain. com/gramsci http//links. org. au/node/1260

Challenges faced by Human Resource Management Essay

nowadayss society is mavin of radical and impulsive changes. Because there is no such issue as one right or wrong way to run an musical arrangement, much corporations piss began to lean toward placing colossaler emphasis on improving humanity imaging Management at heart their own organizations. All organizations require some form of organisational forethought. However, the victor of an organization is derived from the organizations own exclusive strengths, limitations and submissions. This is where Human Resources Management comes into place.Human Resource Management toilet be used as a means to assist workers with productivity and organizational structure. The problem is that because Human Resource Management plays such a major role in an organization, this makes it one of the determining factors as to whether an organization thrives or dies. It has arrest one of the most demanding and contr everywheresial yet, important roles within an organization. This paper will discuss legion(predicate) of the challenges faced by Human Resource Management in the 21st century to include managing workers, schema and worker productivity.The stolon challenge in gentle resource counselling deals with the managing the working population. Because there are so many different types of workers, an organization will be un roaring if it tries to manage every worker or conclave of workers in the exact same manner. Different people within each workgroup consecrate to be managed differently.Today resource management workers should be able to persuade workers to work toward organizational goals and values while concording results. little emphasis should be placed on managing what people do instead, concentrate on their strengths and how to make their strengths more(prenominal) productive within the organization. The main objective of gay resources management should be geared toward getting demote performance from its workers/ cresters while obtaining better results for the organization. Therefore, management is the key tool in making an organization produce results, by the use of its workers.Sometimes management whitethorn be faced with the challenge of managing workers thatare further knowledgeable closely a particularized job or assignment than themselves. The main topic to keep in mind is that longer is not always better. Someone who has worked on a specific job for a long period is not always considered to be the most knowledgeable person. 1 reason may be because of the fact that our society changes so speedily and the person with the longevity may not have changed with society or the roles society plays within an organization. The best solution, when relating longevity to managing workers, is to remember that the literal worker should not be managed.However, the manager may need to accept the fact that their subordinate may know more than they do and accept this as a learning tool to use to obtain better organizational produ ctivity.Each and every organization has its own assumptions of how it defines its type of melodic line, the company intentions, what type of customers it attracts and its translation of successful results. Strategy enables an organization to be deliberately opportunistic by allo net profitg an organization to be successful in an unpredictable environment. Through strategy, an organization has the opportunity to make misidentifys, correct the mistakes and start the process again. During the mistake and correction process, the organization is more capable of increasing organizational results by utilizing trial and error.Organizational strategies clear be divided into two separate levels of strategy cost-leadership and differentiation. The cost leadership strategy allows organizations to offer the highest forest products for the lowest cost possible. Their main goal is to generate economic value by offering light costs than its competitors. A perfect example of this would be Wal- Mart. By offering lower prices Wal-Mart is able to win a majority of its customers. It would be fair to assume that in most instances, cost-leadership strategy would be a great way for an organization to earn more revenue than many of its competitors, especially when they are not faced with competitive pressures from the market.In the second level of strategy, differentiation, the organizations purpose is to offer certain products that the consumers prefer over other products offered by its competitors. In a sense, differentiation organizations could be considered as consumer based because they adhere to the involve of the public desires.It would be more appropriate to use a differentiation strategy in a dynamic environment characterized by rapid change, and requires continually finding new products or services (Mathis 35). fragment of strategic planning consists of looking into the future of the organization. For instance, an organization must have the right number of human resou rces, with the right capabilities, at the right times, and in the right places (Mathis 44). Every organization has some form of strategy in place. In my opinion, a strategy is only as costly as its achievement. A good, hale planned, strategic plan should bring high-quality results for the organization when trying to obtain company goals.A new knowledge revolution is well in progress. When verbalise of new information, I am not just speaking of new computer technology or new up-to-date machinery I am speaking about information that is readily available to improve business success.Several years ago the computer the amour for every organization to have in order to make operations run more smoothly. Who would have ever imagined that any piece of equipment would have such an impact on an organization and how the business was ran. Because the roles of human resource management are becoming more challenging and demanding, information is always a good way to stay ahead of the game.It i s a must that the responsibility of human resource management keeps up with the changes in todays aggressive markets. By doing so, many organizations must take on a more strategic approach in order to be successful. If an organization in todays society chooses not to use a more strategic approach, it must be prepared to forgather the consequences and beprepared to be overtaken by its competitors.Competition among organizations is on the rise. Some time ago, an organizations only engross was the neighboring store. Today however, organizations not only have to worry about their local stores except the spherical market as well. In order for a business to be successful today, and in the future, they have to become more flexible and customer focused. The human resources manager has to be able to progress to become a strategic partner and mentor within the organization. One must also know the organizations goals, comprehend those goals and have confidence that those goals are obtaina ble. After all, management consists of mentors, counselors, leaders, coaches and succession planners that are able to motivate and lead its workers, sometimes by use of persuasion.Another challenge faced by human resource management of the 21st century is workplace diversity. Because workplace diversity consists of such a mixture of talented but varied cultural backgrounds, genders, ages and lifestyles, an organization can react to business opportunities more speedily and resourcefully. More importantly, if the organizational atmosphere within an organization does not support diversity, they stand the chance of losing good talented workers to its competitors.Human resource management is also affected by the government sector. In fact, a study was conducted in the fiscal year 1999 by the U.S. Office of Personnel Management (OPM). The study concluded that many more agencies than expected include HR representatives in the agency planning process and integrate human resources management goals, objectives, and strategies into agency strategic plans. However, most agencies are still struggling in this area (Stratgic Human Resource Managment Aligning the Mission).This is evidence that HRM roles are becoming more involved in management and business operational success.In conclusion, the world of human resource management is shifting more quickly than we can ever imagine. Steady ecological and societal changes indicate that human resource managers face constant challenges. They mustreact by taking advantage of steady yet reflective changes in the field, present practices, and general human resource management policies, mission and vision.Human resource management is not a thing of the past it is a role of the future. This area of expertise within an organization is on the rise. Many organizations success depends on the expertise and capabilities of the HRM department. Basically, HRM is the backbone of the organization and without it, a business will lose some great wo rkers to its competitors.BibliographyStratgic Human Resource Managment Aligning the Mission. September 1999. 25 July 2006.MIT Libraries. 14 April 2005. 25 July 2006.Macintosh, Stephen, S. Management Challenges for the 21st Century. 15 October 1999. 25 July 2006.Robert L. Mathis, John H. Jackson. Human Resource Management. Mason South-Western, 2006.

Title 2 Cases

introductory DIVISION G. R. nary(prenominal) 144712. July 4, 2002 SPOUSES SILVESTRE and CELIA PASCUAL, petiti mavenrs, vs. RODRIGO V. RAMOS, reticuloendothelial systempondent. DECISION DAVIDE, JR. , C. J. in the first place us is a quest for review on certiorari assailing the 5 zero(prenominal)ember 1999 finding1 and the 18 August 2000 Resolution2 of the address of Appeals in CA G. R. CV nary(prenominal) 52848. The source substantiate the 5 June 1995 and 7 kinfolk 1995 stations of the regional Trial Court, Malolos, Bula foundation, Branch 21, in polite Case zero(prenominal) 526 -M-93, and the latter denied petiti unrivaledrs exertion for reconsideration.The fountain at bar stemmed from the supplication3 for consolidation of prenomen or self-control filed on 5 July 1993 with the rill judicatory by herein respondent Rodrigo V. Ramos (hereafter RAMOS) against herein petiti nonp atomic number 18ilrs, Spouses Silvestre and Celia Pascual (hereafter the PASCUALs). In h is petition, RAMOS supposed that on 3 June 1987, for and in consideration of P150,000, the PASCUALs executed in his favor a act of infrangible cut- point bargain w ith Right to Repurchase all everyplace two parcels of domain and the improvements at that placeon located in Bambang, Bula mess, Bula rouse, covered by Transfer security measures of Title (TCT) zero(prenominal) 05626 of the Registry of titles of Bulacan. This enrolment was an nonated at the back of the form of address. The PASCUALs did non make their right to repurchase the lieu within the stipulated nonpareil -year consequence hence, RAMOS prayed that the title or acceptership over the sheath parcels of prop up and improvements thereon be consolidated in his favor.In their Answer,4 the PASCUALs admitted having signed the performance of Absolute sales event with Right to Repurchase for a consideration of P150,000 just averred that what the digressies had actu all(prenominal)y hold upon and entered into was a in truth estate mortg eon. They notwithstanding alleged that there was no compact limiting the period within which to exercise the right to repurchase and that they had even overpaid RAMOS.Further much, they interposed the undermentioned defenses (a) the exam philander had no jurisdiction over the base or nature of the petition (b) RAMOS had no legal capacity to sue (c) the bear o f litigate, if both, was barred by the statute of limitations (d) the petiti on verbalise no cause of action (e) the claim or de compositiond set forth in RAMOSs pleading had been paid, waived, abandoned, or parvenue(prenominal)wise extinguished and (f) RAMOS has non complied with the required confrontation and conciliation onward the barangay.By way of counterclaim, the PASCUALs prayed that RAMOS be redacted to execute a head of Cancellation, Release or Discharge of the consummation of Absolute Sale with Right to Repurchase or a Deed of Real Estate Mortgage deliver to them t he owners duplicate of TCT No. T-305626 result the amount they had overpaid and pay each(prenominal) of them moral damages and exemplary damages in the amounts of P200,000 and P50,000, several(prenominal)ly, summation rightfulnessyers fees of P100,000 appearance fee of P1,500 per hearing litigation expenses and costs of suit.After the pre-trial, the trial hook riposted an order5 wherein it identified the by-line issues (1) whether the Deed of Absolute Sale with Right to Repurchase is an absolute sale or a pure mortgage (2) whether the PASCUALs catch paid or overpaid the hint compact (3) whether the ownership over the parcel of land may be consolidated in favor of RAMOS and (4) whether damages may be awarded. Among the chronicles offered in state by RAMOS during the trial on the chastitys was a document denominated as Sinumpaang Salaysay6 signed by RAMOS and Silvestre Pascual, tho non notarized.The contents of the document examine Ako, si SILVESTRE PASCUAL, Filipin o, nasa hustong gulang, may asawa at kasalukuyang naninirahan sa Bambang, Bulacan, Bulacan, ay nagsasabing buong katotohanan at jibeusumpa sa aking mga salaysay sa kasulatang ito 1. Na ngayong June 3, 1987 dahil sa aking matinding pangangailangan ng puhunan ay lumapit ako at nakiusap kay Rodrigo Ramos ng Taal, Pulilan, Bulacan na pautangin ako ng halagang P150,000. 00. 2. Na aming napagkasunduan na ang nasabing utang ay babayaran ko ng tubo ng septenary per centum (7%) o P10,500. 0 isang buwan (7% per calendar month). 3. Na bilang sangla (collateral security) sa aking utang, kami ay nagkasundo na mag-execute ng Deed of Sale with Right to Repurchase check bit sa aking bahay at lupa (TCT No. 305626) sa Bo. Taliptip, Bambang, Bulacan, Bulacan ngayong June 3, 1987 at binigyan ako ni Mr. Ramos ng isang taon hanggang June 3, 1988 upang mabiling muli ang aking isinanla sa kaniya sa kasunduang babayaran kong lahat ang capital na P150,000. 00 pati na ang P10,500. 0 na tubo buwan buwan. 4. Na bilang karagdagang condition, si RODRIGO RAMOS ay pumayag sa aking kahilingan na kung sakali na hindi ko mabayaran ng buo ang aking pagkakautang (Principal plus enkindle) sa loob ng isang taon mula ngayon, ang nakasanglang bahay at lupa ay hindi muna niya iilitin (foreclose) o ipalilipat sa pangalan niya at hindi muna kami paaalisin sa tinitirhan naming bahay hanggat ang tubo ( elicit) na P10,500. 00 ay nababayaran ko buwan buwan. 5.Na ako ay sumasang-ayon sa kundisyon ni Rodrigo Ramos na pagkatapos ng isang taon mula ngayon hanggang June 3, 1988 at puro by- telegraph wire lamang ang aking naibabayad buwan-buwan, kung sakaling hindi ako makabayad ng tubo for six (6) consecutive months (1/2 year after June 3, 1988 (6 na buwang hindi bayad ang ring mail ang utang ko) si Rodrigo Ramos ay binibigyan ko ng karapatan at kapangyarihan na mag-mayari ng aming bahay at lupa at kami ng aking pamilya ay kusang loob na aalis sa nasabing bahay at lupa na lumalabas na ibinenta ko sa kaniya dahil hindi ako nakasunod sa aming mga pinagkasunduang usapan. . At bilang final examinatione ng aming kasunduan, ako ay nangangako na hindi maghahabol ng ano mang sukli sa pagkakailit ng aming bahay at lupa kung sakali mang dumating sa ganuong pagkakataon o sitwasyon o di kayay magsasampa ng reklamo kanino man. Bilang pagsang-ayon sa mga nasabing kasunduan, kami ay lumagda sa ibaba nito kalakip ng aming mga pangalan ngayong ika-3 ng Hunyo, 1987. (Sgd. )Rodrigo Ramos Sgd. ) Silvestre Pascual Nagpautang UmutangFor their part, the PASCUALs presented documentary evidence consisting of acknowledgment receipts 7 to prove the payments they had do. The trial butterflyyard found that the act betwixt the parties was actually a contribute in the amount of P150,000, the payment of which was secured by a mortgage of the airplane propeller covered by TCT No. 305626. It uniformly found that the PASCUALs had made payments in the total sum of P344,000, and that with concern at 7% per an num, the PASCUALs had overpaid the loan by P141,500.Accordingly, in its Decision8 of 15 March 1995 the trial court decreed as fol low-toneds WHEREFORE, archetype is herewith rendered in favor of the defendants and against the plaintiff in the sp ar-time activity someoneal manner 1. Dismissing the plaintiffs petition 2. Directing the Register of Deeds to cancel the tone of the Deed of Sale with Right to Repurchase on the dorsal side of TCT No. 305626 3. Awarding the defendants the sum of P141,500. 00 as overpayment on the loan and bear ons 4. Granting the defendants attorneys fee in the sum of P15,000. 0 and P3,000. 00 for litigation expenses. With costs against the plaintiff. RAMOS travel for the reconsideration of the finality, alleging that the trial court erred in using an pursual rate of 7% per annum in the figuring of the total amount of obligation because what was acquitly stipulated in the Sinumpaang Salaysay was 7% per month. The total interest due from 3 June 198 7 to 3 April 1995 was P987,000. Deducting therefrom the interest payments made in the sum of P344,000, the amount of P643,000 was still due as interest.Adding the latter to the psyche sum of P150,000, the total amount due from the PASCUALs as of 3 April 1995 was P793,000. Finding merit in the action for reconsideration, which was not opposed by the PASCUALs, the trial court issued on 5 June 1995 an consecrate9 modifying its decision by deleting the award of P141,500 to the PASCUALs as overpayment of the loan and interest and ordering them to pay RAMOS P511,000 representing the principal loan plus interest. The trial court ac noesisd that it had inadvertently decl atomic number 18d the interest rate to be 7% per annum when, in fact, the Sinumpaang Salaysay stipulated 7% per month.It noted that during trial, the PASCUALs never disputed the stipulated interest rate. However, the court decl atomic number 18d that the 7% per month interest is too burdensome and onerous. Invoking the p rotective mantle of Article 24 of the well-behaved Code, which mandates the courts to be vigilant for the guard of a party at a dis receipts due to his moral dependence, ignorance, indigence, mental weaknes s, tender age or other(a)(a) handicap, the trial court unilaterally reduced the interest rate from 7% per month to 5% per month. Thus, the interest due from 3 June 1987 to April 1995 was P705,000. Deducting therefrom the payments made by the PASCUALs in the amount of P344,000, the concreteise interest due was P361,000. Adding thereto the loan principal of P150,000, the total amount due from the PASCUALs was P511,000. Aggrieved by the fitting of the decision, the PASCUALs filed a motion to reconsider the Order of 5 June 1995. They alleged that the motion for reconsideration filed by RAMOS was a mere scrap of paper because they received a copy of give tongue to motion alone a day before the hearing, in violation of the 3 -day-notice rule.Moreover, they had already paid th e interests and had in fact overpaid the principal sum of P150,000. Besides, RAMOS, being an individual, could not charge more than 1% interest per month or 12% per annum and, the interest of either 5% or 7% a month is exorbitant, unconscionable, un sensible, usurious and inequitable. RAMOS opposed the motion of the PASCUALs. He contended that the non-compliance with the 3-day-notice rule was cured when the trial court gave them an opportunity to file their opposition, but despite the retrogression of the perio d given them, no opposition was filed.It is not correct to say that he was not allowed to plunder more than 1% per month interest considering that with the moratorium on the Usury Law, the allowable interest is that agreed upon by the parties. In the absence of whatever evidence that there was travesty, withdraw or undue influence exerted upon the PASCUALs when they entered into the accomplishment in fountainhead, their agreement embodied in the Sinumpaang Salaysay sh ould be respected. Furthermore, the trial court had already reduced the interest rate to 5% per month, a rate which is not exorbitant, unconscionable, unreasonable and inequitable.Their motion for reconsideration having been denied in the Order10 of 7 September 1995, the PASCUALs seasonably appealed to the Court of Appeals. They pointed out that since the single prayer of RAMOS in his petition was to sop up the title or ownership over the subject land and the improvements thereon consolidated in his favor and he did not have any prayer for general relief, the trial court had no basis in ordering them to pay him the sum of P511,000. In its Decision11 of 5 November 1999, the Court of Appeals affirmed in toto the trial courts Orders of 5 June 1995 and 7 September 1995.It ruled that while RAMOSs petition for consolidation of title or ownership did not include a prayer for the payment of the balance of the suppliants obligation and a prayer for general relief, the issue of whether the re was still a balance from the amount loaned was deemed to have been brocaded in the pleadings by virtue of Section 5, Rule 10 of the Rules of Court, which provides that when issues not raised by the pleadings be tried with the stock or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. In the course of the trial, receipts were presented by the PASCUALs evidencing the payments they had made. Taken in conjunction with the Sinumpaang Salaysay which train the interest rate at 7% per month, a mathematical computation promptly leads to the conclusion that there is still a balance due from the PASCUALs, even at a reduced interest rate of 5% interest per month. With the denial of their motion for reconsideration of the decision by the Court of Appeals, t he PASCUALs filed before us the instant petition raising the sole issue of whether they are nonimmune for 5% interest per month from 3 June 1987 to 3 April 1995.Invoki ng this Courts impression in Medel v. Court of Appeals,12 they suggest that the 5% per month interest is excessive, iniquitous, unconscionable and exorbitant. Moreover, respondent should not be allowed to collect interest of more than 1% per month because he tried to hide the real effect amongst the parties by high-minded upon them to sign a Deed of Absolute Sale with Right to Repurchase. For his part, RAMOS contends that the issue raised by petitioners cannot be entertained anymore because it wa s neither raised in the guardianship nor ventilated during the trial.In any type, there was nothing illegal on the rate of interest agreed upon by the parties, since the ceilings on interest rates prescribed under the Usury Law had expressly been re locomote, a nd hence parties are left dislodgely at their discretion to agree on any rate of interest. Moreover, there was no scheme to hide a usurious transaction. RAMOS wherefore prays that the challenged decision and resolution be af firmed and that petitioners be further ordered to pay legal interest on the interest due from the time it was demanded. We ascertain at once the proclivity of the PASCUALs to change theory almost every step of the case.By invoking the decision in Medel v. Court of Appeals, the PASCUALs are actually raising as issue the validity of the stipulated interest rate. It must be stressed that they never raised as a defense or as basis for their counterclaim the nullity of the stipulated interest. While overpayment was alleged in the Answer, no ultimate fac ts which constituted the basis of the overpayment was alleged. In their pre-trial brief, the PASCUALs made a long list of issues, but not one of them touched on the validity of the stipulated interest rate.Their own evidence clearly shows that they have agreed on, and have in fact paid interest at, the rate of 7% per month. Exhibits 1 to 8 specifically mentioned that the payments made were for the interest due on the P150,000 loan of the PASCUALs. In the course of the trial, the PASCUALs never put in issue the validity of the stipulated interest rate. After the trial court sustained petitioners claim that their agreement with RAMOS was actually a loan with real estate mortgage, the PASCUALs should not be allowed to turn their back on the stipulati on in that agreement to pay interest at the rate of 7% per month.The PASCUALs should accept not barely the favorable aspect of the courts resolving power that the document is actually an equitable mortgage but in any case the necessary consequence of much(prenominal) declaratio n, that is, that interest on the loan as stipulated by the parties in that same document should be paid. Besides, when RAMOS moved for a reconsideration of the 15 March 1995 Decision of the trial court pointing out that the interest rate to be utilise should be 7% per month, the PASCUALs never lifted a finger to oppose the claim. Admittedly, in their work for Reconsideration of theOrder of 5 June 1995, the PASCUALs argued that the interest rate, whether it be 5% or 7%, is exorbitant, unconscionable, unreasonable, usurious and inequitable. However, in their Appellants Brief, the only argument raised by the PASCUALs was that RAMOSs petition did not contain a prayer for general relief and, hence, the trial court had no basis for ordering them to pay RAMOS P511,000 representing the principal and unpaid interest. It was only in their motion for the reconsideration of the decision of the Court of Appeals that the PASCUALs made an issue of the interest rate and prayed for its decrement to 12% per annum.In Manila Bay Club Corp. v. Court of Appeals,13 this Court ruled that if an issue is raised only in the motion for reconsideration of the decision of the Court of Appeals, the effect is that it is as if it was never duly raised in that court at all. Our ruling in Medel v. Court of Appeals14 is not applicable to the present case. In that case, the excessiveness of the stipulate d interest at the rate of 5. 5 % per month was put in issue by the defendants in the Answer.Moreover, in addition to the interest, the debtors were also required, as per stipulation in the pr omissory note, to pay operate charge of 2% per annum and a penalty charge of 1% per month plus attorneys fee of equivalent to 25% of the amount due. In the case at bar, there is no other stipulation for the payment of an extra amount except interest on t he principal loan. Thus, taken in conjunction with the stipulated service charge and penalty, the interest rate of 5. 5% in the Medel case was found to be excessive, iniquitous, unconscionable, exorbitant and hence, contrary to morals, t hereby making such s tipulation null and void.Considering the section in the real percentage of the Medel case and the instant case, we are not prepared to apply the occasion lest it be construed that we can strike down anytime interest rates agreed upon by parties in a loan transaction. It is a basic prin ciple in civil law that parties are bound by the stipulations in the withers voluntarily entered into by them. Parties are free to stipulate terms and conditions which they deem convenient provided they are not contra ry to law, morals, good customs, public order, or public policy. 15The interest rate of 7% per month was voluntarily agreed upon by RAMOS and the PASCUALs. in that respect is nothing from the records and, in fact, there is no allegement showing that petitioners were victims of fraud when they entered into the agreement with RAMOS. Neither is there a showing that in their contractual relations with RAMOS, the PASCUAL s were at a disadvantage on account of their moral dependence, ignorance, mental weakness, tender age or other handicap, which would entitle them to the vigilant protection of the courts as mandated by Article 24 of the Civil Code.Apropos in our ruling in Vales vs. Villa All men are presumed to be sane and normal and subject to be moved by substantially the same motives. W hen of age and sane, they must take care of themselves. In their relations with others in the business of life, wits, sense, intelligence, training, ability and psyche meet and clash and contest, one-time(prenominal)s with gain and advantage to all, sometimes to a few only, with qualifying and injury to others. In these contests men must depend upon themselves upon their own abilities, talents, training, sense, acumen, perceptiveness.The fact that one may be worsted by some other, of itself, furnishes no cause of complaint. One man cannot complain because another is more able, or better trained, or has better sense or judgment than he has and when the two meet on a fair field the inferior cannot murmur if the action goes against him. The law furnishes no protection to the inferior simply because he is inferior, any more than it protects the strong because he is strong. The law furnishes protection to both a corresponding to one no more or less than to the other.It makes no distinction between the wise and the foolish, the great and the small, the strong and the weak. The foolish may lose all they have to the wise but that does not mean that the law will give it back to them again. Courts cannot follow one every step of his life and extricate him from bad bargains, protect him from unwise investments, relieve him from one-sided contracts, or annul the effects of foolish acts. Courts cannot constitute themselves guardians of persons who are not legally incompetent.Courts operate not because one person has been defeated or subdue by another, but because he has been defeated or overcome illegally. Men may do foolish things, make ridiculous contracts, use miserable judgment, and lose g aged(prenominal) by then in human action, all they have in the world but not for that alone can the law intervene and restore. there must be, in addition, aviolation of law, the commission of what the law knows as an actionable wrong, before the courts are authorized to lay hold of the situation and remedy it. 16 With the suspension of the Usury Law and the removal of interest ceiling, the partie s are free to stipulate the interest to be imposed on loans. hit any evidence of fraud, undue influence, or any vice of consent exercised by RAMOS on the PASCUALs, the interest agreed upon is binding upon them. This Court is not in a position to impose upon parties contractual stipulations diverse from what they have agreed upon. As tell in the decision of Cuizon v. Court of Appeals,17It is not the province of the court to alter a contract by construction or to make a new contract for the parties its duty is confined to the interpretation of the one which they have made for themselves without regard to its wisdom or unwiseness as the court cannot supply material stipulations or read into the contract words which it does not contain. Thus, we cannot succeed the interest rate, which was reduced to 5% per month without opposition on t he part of RAMOS.We are not persuaded by the argument of the PASCUALs that since RAMOS tried to hide the real transaction by imposing upon them the consummation of a Deed of Absolute Sale with Right to Repurchase, he should not be allowed to collect more than 1% per month interest. It is undisputed that simultaneous with the execution of the verbalize deed was the execution of the Sinumpaang Salaysay, which set forth the true agreement of the parties. The PASCUALs cannot then claim that they did not know the real transaction.RAMOSs claim that the interest due should produce legal i nterest cannot be acted upon favorably because he did not appeal from the Order of the trial court of 5 June 1995, which simply ordered the payment by the PASCUALs of the amount of P511,000 without interest thereon. No relief can be granted a party who does not appeal. 18 Therefore, the order of the trial court should stand. Incidentally, we noticed that in the Memorandum filed by RAMOS, the ruling in Vales v. Valle was reproduced by his counsel without the proper citation. Such act constitutes plagiarism. Atty. Felimon B.Mangahas is hereby warned that a repetition of such act shall be dealt with accordingly. WHEREFORE, in view of all the antecedent, the petition is DENIED. The assailed decision of the Court of Appeals in CA G. R. CV No. 52848 is AFFIRMED in toto. Costs against petitioners. SO ORDERED. Vitug, Kapunan, Ynares-Santiago, and Austria-Martinez, JJ. , concur. FIRST DIVISION SPS. EDGAR AND DINAH OMENGAN, Petitioners, G. R. No. 161319 Present PUNO, C. J. , SANDOVAL-GUTIERREZ, Working Chairperson, CORONA, AZCUNA and GARCIA, JJ. versus PHILIPPPINE NATIONAL BANK, HENRY M. MONTALVO AND MANUEL S. ACIERTO,*answerers. Promulgated January 23, 2007 x -x DECISION CORONA, J. This petition for review on certiorari1 seeks a review and blast of the Court of Appeals (CA) decision 2 and resolution3 in CA-G. R. CV No. 71302. In Octobe r 1996, the Philippine National Bank (PNB) Tabuk (Kalinga) Branch pass petitioners-spouses application for a revolving identification verge of P3 zillion. The loan was secured by two residential piles in Tabuk, Kalinga-Apayao covered by Transfer Certificate of Title (TCT) Nos. 2954 and 12112. The certificates of title, issued by the Registry of Deeds of the Province of KalingaApayao, were in the name of Edgar4 Omengan married to Dinah Omengan. The first P2. 5 million was hammockd by Branch Manager Henry Montalvo on three separate dates. The release of the final half million was, withal, withheld by Montalvobecause of a letter allegedly sent by Edgars sisters. It read A ppas, Tabuk Kalinga 7 November 1996 The Manager Philippine National Bank Tabuk Branch Poblacion, Tabuk Kalinga SirThis refers to the land at Appas, Tabuk in the name of our brother, Edgar Omengan, which was mortgaged to the Bank in the amount of Three Million Pesos (P3,000,000. 00), the sum of P2. 5 Million ha d already been released and received by our brother, Edgar. In this connection, it is requested that the remaining unreleased balance of half a million pesos be held in abeyance unfinished an intellect by the rest of the brothers and sisters of Edgar. Please be informed that the property mortgaged, while in the name of Edgar Omengan, is owned in co-ownership by all the children of the late Roberto and Elnora Omengan.The lawyer who drafted the document registering the subject property under Edgars name can attest to this fact. We had a prior intelligence with Edgar in allowing him to make use of the property as collateral, but he refuses to comply with such arrangement. Hence, this letter. (emphasis ours) precise truly yours, (Sgd. ) Shirley O. Gamon (Sgd. ) Imogene O. Bangao (Sgd. ) Caroline O. Salicob (Sgd. ) Alice O. Claver5 Montalvo was eventually replaced as branch manager by Manuel Acierto who released the remaining half million pesos to petitioners on May 2, 1997.Acierto a lso recommended the approval of a P2 million growing in their credit line to the Cagayan Valley Business Center Credit Committee in Santiago metropolis. The credit committee approved the increase of petitioners credit line (from P3 million to P5 million), provided Edgars sisters gave their conformity. Acierto informed petitioners of the conditional approval of their credit line. and petitioners failed to secure the consent of Edgars sisters hence, PNB put on hold the release of the extra P2 million. On October 7, 1998, Edgar Omengan demanded the release of the P2 million.He claimed that the condition for its release was not part of his credit line agreement with PNB because it was added without his consent. PNB denied his request. On March 3, 1999, petitioners filed a complaint for reveal of con tract and damages against PNB with the regional Trial Court (RTC), Branch 25 in Tabuk, Kalinga. After trial, the court make upd in favor of petitioners. Accordingly, judgment is hereby rendered finding in favor of petitioners. PNB is ordered 1) To release without delay in favor of petitioners the amount of P2,000,000. 00 to complete the P5,000,000. 00 credit line agreement ) To pay petitioners the amount of P2,760,000. 00 representing the losses and/or expected income of the petitioners for three years 3) To pay lawful interest, until the amount aforementioned on paragraphs 1 and 2 above are fully paid and 4) To pay the costs. SO ORDERED. 6 The CA, however, on June 18, 2003, change and set aside the RTC decision dated April 21, 2001. 7 Petitioners now contend that the CA erred when it did not sustain the finding of breach of contract by the RTC. 8 The existence of breach of contract is a factual matter not usually reviewed in a petition filed under Rule 45.But since the RTC and the CA had impertinent findings, we are constrained to rule on this issue. Was there a breach of contract? There was none. split up of contract is defined as follows It is the failure without legal reason to comply with the terms of a contract. It is also defined as the failure, with out legal excuse, to perform any promise which forms the whole or part of the contract. 9 In this case, the parties agreed on a P3 million credit line. This sum was completely released to petitioners who subsequently applied10 for an increase in their credit line.This was conditionally approved by PNBs credit committee. For all objectives and economic consumptions, petitioners sought an additive loan. The condition attached to the increase in credit line requiring petitioners to acquire the conformity of Edgars sisters was never acknowledged and accepted by petitioners. Thus, as to the additional loan, no meeting of the minds actually occurred and no breach of contract could be attributed to PNB. There was no perfected contract over the increase in credit line. The business of a bank is one affected with public interest, for which reason the bank should guard against loss due to negligence or bad faith.In approving the loan of an applicant, the bank concerns itself with proper education regarding its debtors. 11 Any probe previously conducted on the property offered by petitioners as collateral did not preclude PNB from considering new information on the same property as security for a sub sequent loan. The credit and property investigation for the original loan of P3 million did not oblige PNB to grant and release any additional loan. At the time the original P3 million credit line was approved, the title to the property appeared to perta in merely to petitioners.By the time the application for an increase was considered, however, PNB already had reason to suspect petitioners claim of exclusive ownership. A mortgage holder can rely on what appears on the certificate of title p resented by the mortgagor and an indigent mortgagee is not expected to conduct an exhaustive investigation on the history of the mortgagors title. This rule is strictly applied to ban king institutions. xxx Banks, indeed, should exercise more care and circumspection in dealing even with registered lands, than private individuals, as their business is one affected with public interest. xx Thus, this Court clarified that the rule that persons dealing wit h registered lands can rely solely on the certificate of title does not apply to banks. 12 (emphasis supplied) Here, PNB had acquired information sufficient to induce a reasonably discreet person to inquire into the status of the title over the subject property. Instead of defending their position, petitioners merely insisted that conviction on the face of the certificate of title (in their name) was sufficient. This principle, as already mentioned, was not applicable to financial institutions like PNB.In truth, petitioners had every chance to turn the situation in their favor if, as they give tongue to, they really owned the subject p roperty alone, to the exclusion of any other owner(s). Unfortunately, all they offered were bare denials of the co -ownership claimed by Edgars sisters. PNB exercised reasonable prudence in requiring the above-mentioned condition for the release of the additional loan. If the condition proved unacceptable to petitioners, the parties could have discussed other terms instead of making an obstinate and outright demand for the release of the additional amount.If the alleged co-ownership in fact had no leg to stand on, petitioners could have introduced evidence other than a unproblematic denial of its existence. Since PNB did not breach any contract and since it exercised the degree of diligence expected of it, it cannot be held liable for damages. WHEREFORE, the decision and resolution of the Court of Appeals in CA-G. R. CV No. 71302 are hereby AFFIRMED. Costs against petitioners. SO ORDERED. RENATO C. CORONA consociate Justice WE CONCUR REYNATO S. PUNO Chief Justice ANGELINA SANDOVAL-GUTIERREZ Associate Justice Working ChairpersonADOLFO S. AZCUNA Asso ciate Justice CANCIO C. GARCIA Associate Justice CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution, I establish that the conclusions in the above decision had been reach ed in consultation before the case was assign to the writer of the opinion of the Courts Division. REYNATO S. PUNO Chief Justice FIRST DIVISION G. R. No. 126713. July 27, 1998 ADORACION E. CRUZ, THELMA DEBBIE E. CRUZ and GERRY E. CRUZ, petitioners, vs. motor lodge OF APPEALS and SPOUSES ELISEO and VIRGINIA MALOLOS, respondents. DECISION PANGANIBAN, J. Contracts constitute the law between the parties. They must be read together and interpreted in an manner that reconciles and gives life to all of them. The intent of the parties, as shown by the clear language utilise, prevails over post facto explanations that find no support from the words employed by the parties of from their contemporary and subsequent acts showing their understanding of such contracts, Furthermore, a subsequent agreement cannot novate or change by implication a previous one, unless old and new contracts are, on every point, incompatible with each other.Finally, collateral facts may be admitted in evidence when a reasoning(prenominal) similarity exists between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. The Case Before us is a petition for review on certiorari seeking to nullify the Court of Appeals (CA) Decision1 in CA- GR CV 33566, promulgated July 15, 1996, which reverse the Regional Trial Court (RTC) of Antipolo, Rizal and CA Resolution 2 of October 1, 1996, which denied petitioners Motion for Reconsideration.Petitioners Adoracion, Thelma Debbie, Gerry and Arnel (all surnamed Cruz) filed an action for division against the private respondents, Spouses Eliseo and Virginia Malolos. On January 28, 1991, the trial court rendered a Decision which disposed as follows3 WHEREFORE, judgment is hereby rendered for the plaintiffs and agai nst the defendants -spouses 1. rescript the section of the seven parcels of land totalling 1,912 sq. m. among the four (4) plaintiffs and the defendants-spouses as follows a. b. c. d. e. Adoracion E. Cruz (1/5) Thelma Debbie Cruz (1/5) Gerry E. Cruz (1/5) Arnel E. Cruz (1/5)Spouses Eliseo and Virginia Malolos (1/5) 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. to whom Lot No. 1-C-2-B-2-B-4-L-1-A with an field of operation of 276 sq. m. covered by TCT No. 502603 and a portion of Lot No. 1-C2-B-2-B-4-L-1-B covered by TCT No. 502604 to the extent of 106 sq. m. adjoining TCT No. 502603. 2. Ordering the parties herein to execute a labor of part in accordance with this decision indicating the partition of the seven (7) parcels of land within fifteen (15) days upon receipt of this judgment. 3. Ordering defendants-spouses to pay plaintiffs herein P5,000. 00 as and for attorneys fees 4. Cost of suit. On appeal, respondent Court reversed the trial court thus4 WHEREFORE, findi ng the appeal to be meritorious, we REVERSE the appealed decision and render judgment DISMISSING the complaint without prejudice however to the claim of plaintiff -appellees for their percents in the retort of the auction sale of the seven (7) parcels of land in irresolution against Nerissa Cruz Tamayo pursuant to the Memorandum contract. Cost against the plaintiff-appellees. As earlier stated, reconsideration was denied through and through the appellate courts challenged Resolution 5 WHEREFORE, for insufficiency of merit, the Motion for Reconsideration in DENIED. . The Antecedent Facts The facts of this case are undisputed. The assailed Decision relates them as follows6 Delfin I. Cruz and Adoracion Cruz were spouses and their children were Thelma, Nerissa, Arnel and Gerry Cruz. Upon the death of Delfin I. Cruz, his surviving spouse and children executed on August 22, 1977 a notarized Deed of Partial cleavage (Exhibit 2) by virtue of which each one of them was given a contr ibution of several parcels of registered lands all situat ed in Taytay, Rizal.The following day, August 23, 1977, the same mother and children executed a Memorandum system (Exhibit H) which provided That the parties hereto are common co-owners pro-indiviso in represent shares of the following registered real properties, all situated at Taytay, Rizal, Philippines, x x x. xxx That sometime on August 22, 1977, a Deed of Partial Partition was executed among us before Atty. Virgilio J. Tamayo, notary public Public on and for the Province of Rizal, per Doc. No. 1776 Page No. 14 of his Notarial Register No. XLIX, series of 1977 xxxThat as a result of tell partial(p) partition, the properties affected were actually partitioned and the respective shares of ea ch party, adjudicated to him/her That despite the execution of this Deed of Partial Partition and the eventu al giving medication or sale of their respective shares, the spying parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share alike and received equal shares from the product of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the get lot covered by the Deed of Partial Partition above adverted to shall have been disposed of or interchange and the proceeds thereof equally divided and their respective shares received by each of them. This Memorandum Agreement was registered and annotated in the titles of the lands covered by the Deed of Partial Partition. Subsequently, the same parties caused the consolidation and subdivisions of the lands they respectively inherited from the late Delfin I.Cruz per Deed of Partial Partition. After that, they registered the Deed of Partial Partition and subdivision plans and titles were issued in their names. In the case of Nerissa Cruz Tamayo, the following titles were issued to her in her name TCT No. 502603 (Exhibit A), TCT No. 502604, (Exhibit B), TCT No. 502605 (Exhibit C), TCT No. 502606 (Exhibit D), TCT No. 502608 (Exhibit E), TCT No. 502609 (Exhibit F), TCT No. 502610 (Exhibit G), hereafter called the lands in interrogate. Naturally, the annotation pertaining to the Memorandum Agreement was carried in each of said seven (7) titles and annotated in each of them.Meanwhile, the spouses Eliseo and Virginia Malolos filed Civil Case No. 31231 against the spouses Nerissa Cruz -Tamayo and Nelson Tamayo for a sum of money. The Court of First Instance of Rizal, Branch xvi (Quezon City) rendered a decision of June 1, 1981 in favor of Eliseo and Virginia condemning the spouses Nerissa and Nelson Tamayo to pay them P126,529. 00 with 12% interest per annum from the filing of the complaint plus P5,000. 00 attorneys fee. After the finality of that decision, a writ of execution (Ex hibit J) was issued on November 20, 1981. Enforcing said writ, the sheriff of the court levied upon the lands in question.On June 29, 1983, these properties were sold in an execution sale to the highest bidders, the spouses Eliseo and Virginia Malolos. Accordingly, the sheriff executed a Certificate of Sale (Exhibit K) over all the rights, claims, interests, titles, shares, and participations of defendant spouses Nerissa Tamayo and Ne lson Tamayo.. Nerissa Cruz Tamayo failed to exercise her right of redemption within the statutory period and so the final deed of sale was executed by the sheriff conveying the lands in question to spouses Eliseo and Virginia Malolos.The Malolos gallus asked Nerissa Cruz Tamayo to give them the owners duplicate copy of the seven (7) titles of the lands in question but she refused. The jibe moved the court to compel her to surrender said titles to the Register of Deeds of Rizal for cancellation. This was granted on September 7, 1984. But Nerissa wa s adamant. She did not comply with the Order of the court and so the Malolos couple asked the court to declare said titles as null and void.At this point, Adoracion Cruz, Thelma Cruz, Gerry Cruz and Arnel Cruz entered the picture by filing is said lower court a motion for leave to intervene and oppose the Maloloses motion. The Cruzes alleged that they were co-owners of Nerissa Cruz Tamayo over the lands in question. On January 18, 1985, said court issued an Order modifying the Order of September 7, 1984 by directing the surrender of the owners duplicate copies of the titles of the lands in question to the Register of Deeds not for cancellation but for the annotation of the rights, interest acquired by the Maloloses over said lands.On February 17, 1987, Adoracion, Thelma, Gerry and Arnel Cruz filed Civil Case No. 961-A for Partition of Real Estate against spouses Eliseo and Virginia Malolos over the lands in question. As already stated in the first paragraph of this Decision, the cou rt a quo rendered a decision in favor of the plaintiffs from which the defendants appealed to this court, x x x x . Ruling of the Court of Appeals For respondent Court, the central issue was Did the Memorandum of Agreement MOA (Exhibit H)7 revoke, cancel or supersede the Deed of Partial Partition DPP (Exhibit 2)? 8 If so, then petitioners and Spouses Tamayo were co-owners of the land in issue, and partition should ensue upon motion of the former if not, then the latter are its absolute owners and to partition should be made. Respondent Court resolved the above question in the negative for the following reasons First, the DPP was not materially and substantially incompatible with the MOA. The DPP conferred absolute ownership of the parcels of land in issue on Nerissa Cruz Tamayo, while the MOA merely created an obligation on her part to share with the petitioners the proceeds of the sale of said properties.Second, the fact that private respondent registered the DPP was self-contra dictory with the allegation that they intended to abandon it. Indeed, had they meant to abandon it, they would have simply gathered the copies of said document and then torn of burned them. Third, petitioners were estopped from claiming co-ownership over the disputed properties because, as absolute owners, they either mortgaged or sold the other properties adjudicated to them by virtue of the DPP. Hence, this petition. 9 Assignment of ErrorsIn their Memorandum,10 petitioners submit the following assignment of errors A. Respondent Court erred in ruling that the Memorandum of Agreement (Exhibit H) does not prevail over the Deed of Partial Partition (Exhibit 2). B. sale. C. Respondent Court erred in ruling that petitioners can only claim their right to the proceeds of the auction Respondent Court erred in ruling that petitioners are in estoppel by deed. D. Respondent Court erred in ruling that the registration of the deed of partial partition precluded the petitioners from abrogating i t. E.Respondent Court erred when it completely ignored the finality of the order of the Regional Trial Court of Quezon City, Branch LXXXVI as embodied in the decision of the Regional Trial Court of Antipolo, Rizal, Branch 71. In fine, the resolution of this petition hinges of the following issues (1) whether DPP was cancelled or novated by the MOA (2) whether the MOA established, between petitioners and the judgment debtor, a co -ownership of the lots in question (3) whether petitioners are barred by estoppel from claiming co-ownership of the seven parcels of land and (4) whether res judicata has set in.The Courts Ruling The petition is unbeloved of merit. It fails to butt against any reversible error on the part of the Court of Appeals. First passing No Novation or Cancellation In their Memorandum, petitioners insist that the MOA categorically and unmistakably named and covenanted them as co owners of the parcels in issue and novated their earlier agreement, the Deed of Partial Part ition. Petitioners claim that the MOA clearly manifested their intention to create a co -ownership. This is particularly plain in Exhibit 1-B, which provides That despite the execution of this Deed of Partial Partition and eventual disposal or sale of their respective shares, the contracting parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. The Court disagrees. The foregoing readying in the MOA does not novate, much less cancel, the earlier DPP.Novation, one of the modes of extinguishing an obligation, requires the concurrence of the following (1) there is a previous valid obligation (2) the parties concerned agree to a new contract (3) the old contract is extinguished and (4) there is a valid new contract. 11Novati on may be express or implied. Article 1292 of the Code provides In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms express novation,12 or that the old and new obligations be on every point incompatible with each other implied novation. Tested against the foregoing standards, petitioners stance is shattered to pieces. The stipulation that the petitioners and Spouses Tamayo were co-owners was merely the introductory part of the MOA, and it reads13 That the parties are common co-owners pro-indiviso in equal shares of the following registered real properties, all situated at Taytay, Rizal, Philippines. xxx xxx xxx xxx That sometime in August 22, 1977, a Deed of Partial Partition was executed among us before Atty. Virgilio J.Tamayo, Notary Public in and for the Province of Rizal, per Doc. No. 1796 Page No. 14 of his Notarial Register No. XLIX, Series of 1977 Following the above-quoted stipula tion is a statement that the subject parcels of land had in fact been partitioned, but that the former co-owner intended to share with petitioners the proceeds of any sale of said land,14 viz That as a result of said partial partition, the properties affected were actually partitioned and the respe ctive shares of each party, adjudicated to him/herThat despite the execution of this Deed of Partial Partition and the eventual disposal or sale of their respective shares, th e contracting parties herein covenanted and agreed among themselves and to one another that they shall do sic hereby bind themselves to one another that they shall share alike and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of p artial partition That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the last lot covered by the deed or partial partition ab ove adverted to shall have been disposed of or sold and the procee ds thereof equally divided and their respective shares received by each of them. xxx xxx xxxThe MOA waterfall short of producing a novation, because it does not express a clear int ent to dissolve the old obligation as a consideration for the emergence of the new one. 15 Likewise, petitioners fail to show that the DPP and the MOA are materially and substantially incompatible with each other. Petitioners admit that, under the MOA, they and the Tamayo spouses agreed to equally share in the proceeds of the sale of the lots. 16 Indeed, the DPP granted title to the lots in question to the co-owner to whom they were assigned, and the MOA created an obligation on the part of such co -owner to share with the others the proceeds of the sale of such parcels. There is no incompatibility between these two contracts. Verily, the MOA cannot be construed as a repudiation of the earlier DPP.Both documents can exist together and must be so interpreted as to give life to both. Respondent Court aptly explained17 The Deed of Partition conferred upon Nerissa Cruz Tamayo absolute ownership over the lands in question. The Memorandum of Agreement merely created an obligation on the part of absolute owner Nerissa Cruz Tamayo to share with the appellees with sic the proceeds of the sale of said properties. The obligation of the owner of a piece of land to share with somebody with sic its fruits or the proceeds of its sale does not necessarily impair his dominion over the property much less make the benefactive role his co -owner thereof. All in all, the basic principle underlying this ruling is simple when t he text of a contract is explicit and leaves no doubt as to its intention, the court may not read into it any intention that would contradict its plain import. 18 The hornbook rule on interpretation of contracts gives primacy to the intention of the parties, which is the law among them. Ultimately, their intention is to be deciphered not from the unilateral post facto assertions of one of the parties, but from the language used in the contract. And when the terms of the agreement, as expressed in such language, are clear, they are to be tacit literally, just as they appear on the face of the contract. Indeed, the legal effects of a contract are determined by extracting the intention of the parties from the language they used and from their contemporaneous and subsequent acts. 19 This principle gains more force when third parties are concerned. To require such persons to go beyond what is clearly written in the document is unfair and unjust. They cannot possibly delve into the contracting parties minds and suspect that something is amiss, when the language of th e instrument appears clear and unequivocal. Second Issue No Co-ownership in the MOA Petitioners contend that they converted their separate and individual ownership over the lands in dispute into a co ownership by their execution of the MOA and the annotation thereof on the separate titles. The Court is not convinced. The very provisions of the MOA belie the existence of a co -ownership.First, it retains the partition of the properties, which petitioners supposedly placed in co -ownership and, second, it vests in the registered owner the power to dispose of the land adjudicated to him or her under the DPP. These are antithetical to the petitioners contention. In a co-ownership, an undivided thing or right belongs to two or more persons. 20 Put differently, several persons hold common dominion over a spiritual (or ideal) part of a thing, which is not physically divided. 21 In the present case, however, the parcels of land in the MOA have all been partitioned and titled under separate and individual names. More important, the MOA stipulated that the registered owner could sell the land without the consent of the other parties to the MOA.Jus disponendi is an attribute of ownership, and only the owner can dispose of a property. 22 Contrary to petitioners claim, the annotation of the MOA in the certificate of title did not engender any co -ownership. W ell settled is the doctrine that registration merely confirms, but does not confer, title. 23 It does not give the holder any better title than what he actually has. As earlier observed, the MOA did not make petitioners co-owners of the disputed parcels of land. Hence, the annotation of this document in the separate certificates of title did not grant them a greater right over the same property. Third Issue Estoppel by DeedRespondent Court found that several deeds of sale and real estate mortgage, which petitioners executed when they sold or mortgaged some parcels adjudicated to them under the DPP, contained the statement that the vendor/mortgagor was the absolute owner of the parcel of residential land and that he or she represented it as free from liens and encumbrances. On the basis of these pieces of evidence, respondent Court held that petitio ners were estopped from claiming that there was a co-ownership over the disputed parcels of land which were also covered by the DPP. Petitioners contend that Respondent Court , in so ruling violated the res inter alios acta rule. Petitioners contentions is untenable.Res inter alios acta, as a general rule, prohibits the admission of evidence that tends to show that what a person has done at one time is probative of the contention that he has done a similar as act at another time. 24 Evidence of similar acts or occurrences compels the dependant to meet allegation s that are not mentioned in the complaint, confuses him in his defense, raises a variety of ir germane(predicate) issues, and diverts the attention of the court from th e issues immediately before it. Hence, this evidentiary rule guards against the practical inconven ience of trying collateral issues and protracting the trial and prevents surprise or other mischief prejudicial to litigants. 25 The rule, however, is not witho ut exception.W hile inadmissible in general, collateral facts may be received as evidence under exceptional circumstances, as when there is a rational similarity or resemblance between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. 26 Evidence of similar acts may frequently become relevant, especially in actions based on fraud and deceit , because it sheds light on the state of mind or knowledge of a persons it provides insight into such persons motive or intent it uncovers a scheme, design or plan or it reveals a mistake. 27 In this case, petitioners argue that transactions relating to the other parcels of land they entered into, in the notion of absolute owners, are inadmissible as evidence to show that the parcels in issue are not co -owned.The court is not persuaded. Evidence of such transactions falls under the exception to the rule on the res inter alios acta. Such evidence is admissible because it is relevant to an issue in the case and corroborative of evidence already received. 28 The relevancy of such transactions is readily apparent. The nature of ownership of said property should be the same as that of the lots on question since they are all subject to the MOA. If the parcels of land were held and disposed by petitioners in fee simple, in the concept of absolute owners, then the lots in question should similarly be treated as abruptly owned in fee simple by the Tamayo spouses.Unmistakably, the evidence in dispute manifests petitioners common purpose and design to treat all the parcels of land covered by the DPP as absolutely owned and not subject to co -ownership. 29 Under the principle of estoppel, petitioners are barred from claiming co-ownership of the lands in issue. In estoppel, a person, who by his deed or conduct has introduced another to act in a particular m anner, is barred from adopting an inconsistent position, attitude or course of conduct that thereby causes loss or i njury to another. 30 It further bars him from denying the truth of a fact which has, in the contemplation of law, become settled by the acts and transactions of judicial or legislative officers or by the act of the party himself, either by conventional writing or by representations, express or im plied or in pairs. 31In their transaction with others, petitioners have declared that the other lands covered by the same MOA are absolutely owned, without indicating the existence of a co-ownership over such properties. Thus, they are estopped from claiming otherwise because, by their very own acts and representations as evidenced by the deeds of mortgage and of sale, they have denied such co-ownership. 32 FOURTH ISSUES No Res Judicata On Co-ownership Petitioners argue that the Order (Exhibit J)33 dated January 18, 1985, issued by the RTC of Quezon City, Branch 86, which had long become final and executory, confirmed their co-ownership. Thus, they claim that Respondent Courts reversal of the ruling of the RTC of Antipolo, Rizal, is a violation of the rule on res judicata. This contention is equally untenable.The elements of res judicata are (1) the former judgment was final (2) the court which rendered it had jurisdiction over the subject matter and the parties(3) the judgment was on the merits and (4) the parties, subject matters and causes of action in the first and second actions are identical. 34 The RTC of Quezon City had no jurisdiction to decide on the merits of the present case or to entertain questions regarding the existence of co-ownership over the parcels in dispute, because the suit pending before it was only for the collection of a sum of money. Its disquisition on co-ownership was merely for the levy and the execution of the properties of the Tamayo spouses, in satisfaction of their judgment debt to the private respondents. Perhaps more glaring is the overleap of identity between the two actions.The first action before the RTC of Quezon City was for the collection of money, while the second before the RTC of Antipolo, Rizal, was for partition. There being no concurrence of the elements of res judicata in this case, the Court finds no error in Respondent Courts ruling. No further discussion is needed to show the glaring difference between the two controversies. WHEREFORE, the petition is hereby DENIED and the assailed Decision is Affirmed. Cost against petitioners. SO ORDERED. Davide, Jr. , (Chairman), Bellosillo, Vitug, and Quisumbing, JJ. , concur. THIRD DIVISION G. R. No. 134559. December 9, 1999 ANTONIA TORRES, assisted by her husband, ANGELO TORRES and EMETERIA BARING, petitioners, vs.COURT OF APPEALS and MANUEL TORRES,respondents. DECISION PANGANIBAN, J. Courts may not extricate parties from the necessary consequences of their acts. That the terms of a contract turn out to be financially disadvantageous to them will not relieve them of their obligations therein. The lack of an inventory of real property will not ipso fac to release the contracting partners from their respective obligations to each other arising from acts executed in accordance with their agreement. The Case The Petition for Review on Certiorari before us assails the March 5, 1998 Decision 1 Second Division of the Court of Appeals2 (CA) in CA-GR CV No. 2378 and its June 25, 1998 Resolution denying reconsideration. The assailed Decision affirmed the ruling of the Regional Trial Court (RTC) of Cebu City in Civil Case No. R -21208, which disposed as follows WHEREFORE, for all the foregoing considerations, the Court, finding for the defendant and against the plaintiffs, orders the dismissal of the plaintiffs complaint. The counterclaims of the defendant are likewise ordered dismissed. No pronouncement as to costs. 3 The Facts Sisters Antonia Torres and Emeteria Baring, herein petitioners, entered into a enunciate venture agreement with Respondent Manuel Torres for the discipline of a parcel of land into a subdivision.Pursuant to the co ntract, they executed a Deed of Sale covering the said parcel of land in favor of respondent, who then had it registered in his name. By mortgaging the property, respondent obtained from Equitable Bank a loan ofP40,000 which, under the Joint Venture Agreement, was to be used for the development of the subdivision. 4 All three of them also agreed to share the proceeds from the sale of the subdivided lots. The project did not push through, and the land was subsequently foreclosed by the bank. According to petitioners, the project failed because of respondents lack of funds or means and skills. They add that respondent used the loan not for the development of the subdivision, but in furtherance of his own company, Universal Umbrell a Company.On the other hand, respondent alleged that he used the loan to implement the Agreement. With the said amount, he was able to effect the survey and the subdivision of the lots. He secured the Lapu Lapu City Councils approval of the subdivision proj ect which he advertised in a local newspaper. He also caused the construction of roads, curbs and gutters. Likewise, he entered into a contract with an engineering firm for the building of sixty low -cost housing units and actually even set up a model house on one of the subdivision lots. He did all of these for a total expense of P85,000. Respondent claimed that the subdivision project failed, however, because petitioners and their relatives had independently cause d the annotations of dverse claims on the title to the land, which eventually scared away prospective buyers. Despite his requests, petitioners refused to cause the clearing of the claims, thereby forcing him to give up on the project. 5 Subsequently, petitioners filed a criminal case for estafa against respondent and his wife, who were however acquitted. Thereafter, they filed the present civil case which, upon respondents motion, was later dismissed by the trial court in an Order dated September 6, 1982. On appeal, how ever, the appellate court remanded the case for further proceedings. Thereafter, the RTC issued its assailed Decision, which, as earlier stated, was affirmed by the CA. Hence, this Petition. 6 Ruling of the Court of AppealsIn affirming the trial court, the Court of Appeals held that petitioners and respondent had formed a partnership for the development of the subdivision. Thus, they must bear the loss suffered by the partnership in the same proportion as their share in the profits stipulated in the contract. Disagreeing with the trial courts pronouncement that losses as substantially as profits in a joint venture should be distributed equally,7 the CA invoked Article 1797 of the Civil Code which provides Article 1797 The losses and profits shall be distributed in conformity with the agreement. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. The CA elucidated further In the absence of stipulat ion, the share of each partner in th e profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. The Issue Petitioners impute to the Court of Appeals the following error x x x The Court of Appeals erred in conclud ing that the transaction x x x between the petitioners and respondent was that of a joint venture/partnership, ignoring outright the provision of Article 1769, and other related provisions of the Civil Code of the Philippines. 8 The Courts RulingThe Petition is bereft of merit. Main Issue Existence of a Partnership Petitioners deny having formed a partnership with respondent.