Friday, April 24, 2020
Legal Notes Essay Example
Legal Notes Essay What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts, i. e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: A negotiated and usually legally enforceable understanding between two or more parties. Although a binding contract can result from an agreement, an agreement typically documents the give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance. b) Intention to create legal relationship: One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. Intention to bind the other party with the involved legal obligations. ) Free and genuine contract:-Two parties must give their Free and genuine contract to the term of agreement. Such consent should not obtain one or more of following manners i. e. I. By coercion II. By undue influence III. By fraud IV. By misrepresentation V. By mistake If the consent would be proved to have been obtained in one or more of the aforementioned manner, such contract automatically declared as voidable contract. d) Lawful consideration:- Consideration is an essential element for the formation of a contract. We will write a custom essay sample on Legal Notes specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal Notes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal Notes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contractââ¬âan agreement by which both parties exchange mutual promisesââ¬âeach promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the others performance, the performance is consideration for the promise, while the promise is consideration for the performance. Consideration must have a value that can be objectively determined. Example:- To make a gift or a promise of love or affection is not enforceable because of the subjective nature of the promise. e) Lawful object: Courts will not enforce contracts that are illegal or violate public policy. Such contracts are considered void. For example, a gambling contract would be illegal in many states. f) Agreements not declared void or illegal:- The sagreement should be such Which have not been expressly declared as illegal or void by any law of the land. Such agreement would naturally be not enforceable by law just for this single reason. ) Necessary legal formalities: legal formalities are the legal obligations which are to be performed or fulfill by each and every organization by performing legal formality a unique image of organization is created in the mind of employees and other stake holders. Who are competent to contract? Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject, following person disqualified into valid agreement or contract: a) Minors ) Mentally incompetent person and c) Person who are declared incompetent through their status. MINORS Section 3 of Indian Majority 1875,a minor is a person who has not completed 18years of age. But then in the following specific cases, a minor is said to attain the majority on the completion of his 21 years of age ,instead : 1. Where a guardian of minorââ¬â¢s person or property is appointed under the guardians and wards act ,1890. 2. Where a court of wards assumes the superintendence of the minorââ¬â¢s property. For example : * If A is born in India on the 1st January 1850, and has an Indian domicile . B guardian of A is appointed by court of justice. A attains majority at the the first day of January 1871. (21 years) * If A is born in India on the 29th February 1852,and has an Indian domicile. B guardian Aââ¬â¢s property is appointed by a court of justice. A majority at the first moment of the 28th day of February 1873. (21years) * A is born on the first day of January 1850. He acquires a domicile in India . No guardian is appointed of his person or property by any court of justice, nor is he under the jurisdication of any court of wards. A attains majority at the first moment of the day of januray ,1868. (18 years) Under the English law, a contract by a minor is not void, but only voidable , at the option of the minor only, though only under certain exceptional circumstances. Under the Indian law a contact with or by minor is void, and not just voidable. As noted above a minor is not competent to contract. One question which arises in case of an agreement by a minor is, whether the agreement is void or voidable? The Indian contract Act does not have any provision to answer this question. In the absence of any statutory provision there had been controversy on this point. The controversy was set at rest by the decision of the Privy Council, in the case of Mohori Bibee Vs. Dharmodas Ghose in 1903. It was held that the agreement made by a minor is void.. Point 1 CASE LAW 1: Mohiri Bibi vs Dharmodas Ghose * The plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 0,000. At the time of the transaction the lawyer, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. * The plaintiff(Dharmodas) brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, mortgage was void and inoperative and the same should be cancelled. By the time of Appeal to the Privy Council the defendant, Brahmo Dutt died and the Appeal was pros ecuted by his executors(Mohiri bibi) . The Defendant, amongst other points, contended that the plaintiff had fraudulently misrepresented his age and therefore no relief should be given to him, and that, if mortgage is cancelled as requested by the plaintiff, the plaintiff should be asked to repay the sum of Rs. 10,500 advanced to him. The decision of the Privy Council on the various points raised by the defendant was as follows : * The defendantââ¬â¢s argument that the minor had falsely mis-stated his age, the law of estoppels should apply against him and he should not be allowed to contend that he was a minor, was considered. The Privy Council found that the fact that the plaintiff was a minor at the time making of the agreement was known to the defendantââ¬â¢s agent. It was held that the law of estoppel as stated in Section 115, Indian Evidence Act, was not applicable to the present case, where the statement (about age) is made to a person who knows the real facts and is not misled by the untrue statement. * Another contention of the defendant was that, if the plaintiffââ¬â¢s claim to order the cancellation of the mortgage is allowed, the plaintiff should be asked to refund the loan taken by him, according to Section 64 and 65, Indian contract Act. Judgement according session Section 64 of the Indian Contract Act reads as under : ââ¬Å"When a person at whose option a contract is voidable rescinds it, the other party there to need not perform any promise there in contained of which he is promisor. The party rescinding a voidable contract shall, if he received any benefit there under from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received. Their Lordships observed that Section 64 was applicable to the case of a voidable contract. Minorââ¬â¢s agreement being void, Section 64 was not applicable to the case and therefore the minor could not ask to pay the amount under this section. If a minor has happened to receive some benefits under a void contract , he cannot be asked to return or refund such benefits. A minor can be a promise or a beneficiary:- According to Indian law , a minor canââ¬â¢t behind himself by a contract. A minor may not create a valid mortgage (credit) ,to execute an enforceable promissory note, and also he not incapable of being mortgagee of a property that means minor is entitled to all the benefits available to him, under the contract Ratification of an agreement a minor after attaining majority is void and invaid. The reasons for the rule that a minor cannot ratify an agreement after attaining majority are * An agreement entered into by a minor is void ab initio. A minor cannot ratify an agreement on attaining the age of majority to validate the same as there is no valid agreement/contract to ratify. Ratification is always treated as validation of previous authority/concerned party and dates back to the date of actual agreement and so a contract/agreement which was then void cannot be made valid by subsequent ratification. The minor on attaining majority can enter into a fresh agreement but the earlier amount/asset cannot be treated as consideration for the new agreement. * Also when the agreement was entered into during the minority there was no ââ¬Ëproper considerationââ¬â¢ as the contract was void and this amount becomes ââ¬Ëbad considerationââ¬â¢ for new agreement and is not enough for validating that agreement by its ratification. ââ¬Å"Under section 11 a minor is not competent to contract he is disqualified from contracting. He can therefore neither make a valid proposal nor make a valid acceptance as defined in section-2, clause (a) and (b). He cannot, therefore, for the purposes of this Act be strictly called a promisor within the meaning of clause(c) nor can therefore anything done by the promise be strictly called a consideration at the desire of a promisor as contemplated by clause (d). It may, therefore, be urged that an argument by a minor cannot be strictly as being for ââ¬Å"considerationââ¬â¢. If the part of the benefit was received by a person during his minority and the other part after attaining the age of majority, a promise by him after attaining majority to pay an amount in respect of both the benefits is enforceable, as that constitutes a valid consideration for the promise. A minor cannot even enter into a contract through guardian or any other agent because it is void contract and the same is not capable of ratification by a minor, on his attaining majority. Ratification in law is treated as equivalent to a previous authority, and it follows that as a general rule, a person or body of persons, not competent to authorize an act canââ¬â¢t give validity after ratifying it. CASE LAW 2: Madras High Court Indran Ramaswami Pandia Thalavar vs Anthappa Chettiar And Others. on 14 March, 1906. In this case, a minor gave a promissory note for borrowing an amount of Rs. 2500 in 1895 and in 1898 after attaining majority he gave another promissory note ratifying the previous loan. But the court clearly declined the argument that though the first agreement was done by a minor, it was done on the ââ¬Å"desire off the promisorâ⬠citing above two reasons. A Minor can take the plea of being a minor Case Law -Leslie Vs Sheill The Events in the Case Sheill, a minor , fraudently misrepresented himself as a major and borrowed 400 pound sterling from Leslie. Actually Sheill was a minor at the material time ie at the time of borrowing the money. Sheill then spent the borrowed money and did not repay the loan. Leslie filed a suit against him claiming the following: Leslieââ¬â¢s claims 1. Recovery of the loan amount 2. Damages for the fraudulent misrepresentation( ie for the tort of deceit) The Verdict The court held that Leslie cannot recover the amount given to Sheill and also cannot claim damages under the Law of Tort. The justification for the verdict 1. A contract with a minor is void ab initio meaning it is void from the beginning. Hence even though the minor had misrepresented his age, the court cannot ask the minor to give the money back to Leslie as doing so would mean that the court is enforcing a void contract, which is not enforceable by law. Hence Leslie could not recover his money back. 2. Sheill has committed a tort( an action that harms another person, in this case it is Leslie). Law of Tort allows the aggrieved party to claim damages. But here the minor, Sheill is not bound by contract to borrow money or even for other purposes. Hence even damages cannot be claimed as the contract is void ab initio. Another Remark If Sheill had not spent the money, he cannot be asked to refund the money back. This is as per Section 30 and 33 of the Specific Relief Act, 1963. Section 30 of Specific Relief Act Court may require parties rescinding to do equity. On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. Section 33 of Specific Relief Act Where a defendant successfully resists any suit on the ground- (a)à that the instrument sought to be enforced against him in the suit is voidable, the court may if the defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b)à that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872 ), the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the extent to which he or his estate has benefited thereby. Source: http://www. indiankanoon. org/doc/172614/ Example Say there is a Minor M and two other persons N and O. M fraudulently misrepresents himself as a major at the time of contract and borrows money from N by mortga ging his property. He later sold the property by fraud to O. N then cancels both the agreements. Both the contracts are void ab initio. It was judged that M has to compensate both O and N as they both were not aware of the fact that M had fraudulently misrepresented them at the time of contract. Other points A minor canââ¬â¢t become a partner in any partnership firm:- under Section 30 of the partnership Act , 1932. The estate of a minor is liable to a person who supplies necessaries of his life to him. The guardians and parents of a minor are not liable to a creditors of a minor , for any breach of contract by a minor , even for the supply of the necessaries , or otherwise. A minor can , however , act as an agent. Contracts by the Persons of Mental Incompetence Definition and Understanding The term Incompetence habitually means ââ¬Å"The lack of ability, knowledge, legal qualification, or fitness to discharge a required duty or professional obligationâ⬠and consequently Mental Incompetence refers to that populace who are diagnosed as being mentally ill, senile, drunken state, delirium under the influence of high fever or suffering from some other debility that prevents them from managing his own affairs Such people may be accredited mentally incompetent by a court of law for which as a rule a guardian is appointed to handle the persons property and personal affairs. In order to be competent to a contract, a person should be of sound mind where the soundness of mind of a person depends on the following two factors: * His ability to understand the terms of a contract, and * His capability to form a rational judgment as to its effect upon his interest Henceforth, Section 11 and 12 specifically articulates that A person is said to be of sound mind for the purpose of making a contract, if at the time when he makes it, he is capable of understanding it and of forming a rational judgment to its effect upon his interests * An individual who experiences from insanity at intervals can enter into a contract, when he is of sound mind * An individual who endures from insanity occasionally cannot enter into a contract, when he is of unsound mind Case Law 3: Civil Appeal Nos 1619-1620 of 2001 Legal Terms Used * Appellant An individual who, discontented with the judgment delivered and decided in a lower court or the findings from a proceeding asks a superior court to review the decision * Respondent The revelry against whom an appeal or motion, an application for a court order, is instituted and who is obligatory to answer in order to protect his or her interests Details Citation : Supreme Court of India Appellants : Chacko and Anr. Respondent : Mahadevan Honble Judges : A. K. Mathur and Markandey Katju, JJ. | Case Description The case essentially is of the civil nature dealing with the Sale of Property and the execution of aforementioned sale endeavor. Fundamentally the sale was challenged as being null and void, the circumstances being the appellant Chacko and Anr. alleging that he was made to carry out the deed by acting under the influence of liquor by the respondent Mahadevan and was not in a fit state of mind and hence confronting the sale of assets as illogical and annulled At the outset an injunction was sought against the respondent and anon a series of cross suits by both parties to the case were filed. As the trial court detained that the appellants failed to prove the accusations allowing the ensemble of the respondent. Shortly the appellant stimulated appeal before the first appellate court where the order primarily in favor of the respondent was now overturned in favor of the appellant as the fact that one cent land was sold for Rs. 18000 vide Ext. A2 (sale deed dated 4. 9. 1982) and three cent land was sold vide Ext. A3 (sale deed dated 11. 7. 1983) for a sum of Rs. 1000, showing an unconscionable and irrational transaction This lead to an infuriated respondent, bestowing a second appeal before the high court of Kerala on account of the indicted verdict against the judgment of the First Appellate Court and its findings of fact. The Findings of Fact include the ââ¬Å"Unsound state of mindâ⬠of appellant established by medical certificate for Alcoholic Psychosis summiting to the well known Latin maxim ââ¬Å"res ipsa loquiturâ⬠i. e. the matter speaks for itself The Rationale for the Final Decision ââ¬Å"Transaction on the basis of documents executed when not in a robust state of mindâ⬠ââ¬Å"The Court cannot interfere with the unyielding findings of fact as the medical certificate for Alcoholic Psychosis submitted for of the first Appellate Court and is restricted only to questions of law. â⬠Judgment The second appeal signified that Chacko sold the land by sale deed dated 11. 7. 1983 when he was not of sound mind and some swindle was played on him at that time by Mahadevan with the court testifying that the Court cannot interfere with the findings of fact of the first Appellate Court, and is confined only to the questions of law. The deal was quashed by the court and in favor of the appellant Chacko dismissing Mahadevanââ¬â¢s plea Incompetence Through Status: Incompetence to contract may arise under various situations, like 1. From Political status 2. From corporate status 3. From Legal Status 4. From Marital status Examples 1. Pertaining to Political Status * An Alien Enemy cannot enter into a contract with an Indian during the period of war. If Pakistan is in war with India then no Pakistani can enter a contract with Indians during the period of war. But if they have entered into a contract already then the contract may be dissolved or suspended till the war is over. The contracts that are against public policy and that will benefit the enemy will stand dissolved. Other contracts will be suspended provided that they have not been rendered time barred under Indian Limitation Act. * Alien Friend: An Indian can enter into a contract with citizen of other foreign country which is not at war with India. 2. Pertaining to Corporate Status According to 1856 companies act, a company cannot enter into a contract against Memorandum of Association. 3. Pertaining to Legal Status Person declared insolvent are not considered to enter into a contract till such time they are able to get a certificate of discharge from insolvency. 4. Pertaining to Marital Status A married woman has full ability and competence to enter into a valid contract . She can sue and even be sued against, in her own name.
Tuesday, March 17, 2020
Greco roman art Essays
Greco roman art Essays Greco roman art Essay Greco roman art Essay Many elements weight over five tons and the capitals and architraves almost ten tons More on the Parthenon: Calibrates and Stations Parthenon Acropolis, Athens 447-438 BCC/Classical pennon Greeks recognized that our visual perception is not flawless and that it is influenced by our mental assumptions. Stations and Calibrates used an astonishing series of optical refinements in the proportions of the Parthenon to make it appear perfectly regular and rectangular to he human eye. Exact measurement of the Parthenon has revealed many apparently intentional deviations from regularity and rectangular. The Greeks realized that we perceive vertical lines as sloping and horizontal lines as sagging in the center. They corrected for these human errors in perception. The platform and stairs curve upward, as does the untreatable (but to a lesser degree, presumably because it was farther from the viewers eye). : The columns and untreatable also slope inward slightly to prevent their appearing to slope outward. Effect of their being silhouetted against the sky. The diameter of the columns bulges out by two-thirds of an inch part-way up to accommodate the human assumption that the columns will be slightly compressed by the weight they appear to bear (entities), and the illusion of regular spacing among the columns is created by spacing that is actually irregular. The result is what many perceive as the most perfectly proportioned building ever created. Just as the contemporary Doorposts by Polytheists may be seen as the culmination of nearly two centuries searching for the ideal proportions of the various human bodily parts, so, too, the Parthenon may be viewed as the ideal solution to the Greek architects quest for perfect proportions in Doric temple design. Its well-spaced columns, with their slender shafts, and the capitals, with their straight-sided conical Chinese, are the ultimate refinement of the bulging and squat Doric columns and compressed capitals of the Archaic Temple of Hear at Pesetas, Italy, c. 40 BCC. The Parthenon architects and Polytheists, the Doorposts sculptor were kindred spirits in their belief that beautiful proportions resulted from strict adherence to harmonious numerical ratios, whether they were designing a temple more than 200 feet long or a life-size statue of a nude man. The Parathions harmonious design and mathematical precision of the sizes of its constituent elements tend to obscure the fact this temple, as actually constructed, is quite irregular in shape. Throughout the building are pronounced deviations from the strictly horizontal and vertical lines assumed to be the basis of all Greek post- and-lintel structures. For ex. , the stalemate curves upward at the center on both the sides and the fade, forming a kind of shallow dome, and this curvature is carried up into the untreatable. Moreover, the priestly columns lean inward slightly. Those t the corners have a diagonal inclination and are also about 2 inches thicker than the rest. If their lines are continued, they would meet about one and one-half miles above the temple. These deviations from the norm meant that virtually every Parthenon block and drum had to be carved according to the special set of specifications its unique place in the structure dictated. This was obviously a daunting task, and a reason must have existed for these so- called refinements in the Parthenon. Some modern observers note, how the curving of horizontal lines and the tilting of vertical ones create a dynamic balance in the alludinga kind of architectural contrastsand give it a sense of life. The oldest recorded explanation, however, may be the correct one. Vitreous, a Roman architect of the late first century BCC who claims to have had access to the treatise on the Parthenon Stations wroteagain note the kinship with the Canon of Polytheistsmaintains that these adjustments were made to compensate for optical illusions. Vitreous states that if the stalemate is laid out on a level surface, it will thicker since they are surrounded by light and would otherwise appear thinner than their neighbors. Ex. Of Ionic Temple 0 Temple of Athena Nikkei, Acropolis, Athens, c. 427-424 BCC. 0 Slenderer proportions than Doric 0 Scroll capitals 0 Continuous sculpted frieze 0 Mephistopheles planthat is, porch at each end 0 Surrounded by parapet, or low wall, faced with sculpted panels depicting Athena presiding over her winged attendants, called Nines (Victories), as they prepared for a celebration. O Ex. Nikkei Adjusting Her Sandal 0 Bends forward gracefully, causes ample chitin to slip off one shoulder. Large wings, one open and one closed, effectively balance this unstable pose 0 Unlike creative swirls of heavy fabric covering the Parathions Three Goddesses or the weighty pleats of the robes of the Rescissions (another example of an Ionic Temple) caryatids, the textile covering this Nikkei appears delicate and light, clinging to the body like wet silk, one the most discreetly erotic images in ancient art Corinthian order 0 Originally developed by the Greeks for use in interiors, but came t o be used on temple exteriors as well. Elaborate capitals are sheathed with stylized acanthus leaves 0 Romans appropriated the Corinthian order and elaborated it Roman Classicism The Romans admired Greek art. They imported Greek originals by the thousands and had them copied in even greater numbers. Also some of their own works were based on Greek sources, and many of their artists, from Republican times (51()- 31 BCC) to the end of the empire (31 BCC-410 CE), were of Greek origin. Roman authors tell us a good deal about the development of Greek art as it was described in Greek writings on the subject. They also discuss Roman art during the early days of the Republic, of which almost no trace survived today. However, they show little concern with the art of their own time. And, except for Vitreous, whose treatise on architecture is of great importance for later eras, the Romans never developed a rich literature on the history and theory of their art such as the Greeks had. Indeed, some prominent Romans even viewed their own art as degenerate compared with the extraordinary achievements of the Greeks. Roman portraiture From literary accounts, we know that the Senate honored Romeos great political and Republican times and was to continue until the end of the empire many hundred years later. It probably arose from the Greek practice of placing votive statues of athletes and other important individuals in sanctuaries such as the Acropolis, Delphi, and Olympiaa practice that was gradually secularists during the Classical and Hellenic periods. Our first indication off clearly Roman portrait style occurs around 100 BCC. It parallels an ancient custom. When the male head of the family died, he was honored with a wax portrait, which was then preserved in a special shrine or family altar. At funerals, these ancestral images were carried in the procession, and masks were even made from them for chosen participants to wear, in order to create a living parade of the familys illustrious ancestors. Such mimicry may have fostered a desire among the Roman elite for similarly true-to-life portraits in bronze and marble. Verses Ex. Head of a Roman Patrician (Head of an Old Roman) c. 75-50 BCC marble, approximately 1 2 Somber face, grave demeanor. Project patriarchal dignity. Detailed record of the faces topography, in which the sitters character appears only incidentally. This style is verses, a documentary realism. The features are true to life, but the sculptor has emphasized them selectively to bring out a specifically Roman personality: stern, rugged, devoted to duty. It is a father image of daunting authority. The facial details are like individual biographical data that distinguish it from others. Ex. Augustus from Portrait Early 1st century CE (perhaps a copy of a bronze statue of c. 20 BCC) Marble, originally colored, 6 8 high New trend in Roman portraiture, which reaches a climax in the images of Augustus himself. Sophisticated combination of Greek idealism and Roman individualityin effect, a new Augustan ideal. This was the most popular image of the emperor. Heroic, idealized body which is derived from the Doorposts of Polytheists. Augustus, the emperor, reaches out toward us as if to address us in person. His concreteness of surface texture that conveys the actual touch of cloth, metal, and leather. The breastplate illustrates Augustus diplomatic triumph over the Parthian in 20 BCC, when he recovered the legionary standards lost in Roman defeats in 53 and 36 BCC. His head is idealized. Small details are omitted, and the focus on the eyes gives it something of an inspired look. Even so, the face is a definite, individual likeness, as we know from many other portraits of Augustus. All Romans would have recognized it immediately, for they knew it from coins and countless other representations. Augustus of Portrait Focus on the individual Greek pose, roman clothes Emperor Augustus The importer and creator of Fax Roman stands in a contrasts that echoes the one of classical Greek athletes, such as the Doorposts of Polytheists. The cupid on the dolphin at his feet hints at the origin of the genes Julia, namely Venus or Aphrodite, the goddess of love.
Sunday, March 1, 2020
Barley (Hordeum vulgare) - The History of Domestication
Barley (Hordeum vulgare) - The History of Domestication Barley (Hordeum vulgare ssp. vulgare) was one of the first and earliest crops domesticated by humans. Currently, archaeological and genetic evidence indicates barley is a mosaic crop, developed from several populations in at least five regions: Mesopotamia, the northern and southern Levant, the Syrian desert and, 1,500-3,000 kilometers (900-1,800 miles) to the east, in the vast Tibetan Plateau. The first was long though to be that of southwest Asia during the Pre-Pottery Neolithic A about 10,500 calendar years ago: but the mosaic status of barley has thrown a wrench into our understanding of this process. In the Fertile Crescent, barley is considered one of the classic eight founder crops. A Single Wild Progenitor Species The wild progenitor of all of the barleys is thought to be Hordeum spontaneum (L.), a winter-germinating species which is native to a very wide region of Eurasia, from the Tigris and Euphrates river system in Iraq to the western reaches of the Yangtze River in China. Based on evidence from Upper Paleolithic sites such as Ohalo II in Israel, wild barley was harvested for at least 10,000 years before it was domesticated. Today, barley is the fourth most important crop in the world after wheat, rice and maize. Barley as a whole is well-adapted to marginal and stress-prone environments, and a more reliable plant than wheat or rice in regions which are colder or higher in altitude. The Hulled and the Naked Wild barley has several characteristics useful to a wild plant that arent so useful to humans. There is a brittle rachis (the part that holds the seed to the plant) that breaks when the seeds are ripe, scattering them to the winds; and the seeds are arranged on the spike in a sparsely seeded two rows. The wild barley always has a tough hull protecting its seed; the hull-less form (called naked barley) is only found on domestic varieties. The domestic form has a non-brittle rachis and more seeds, arranged inà a six-rowed spike. Both hulled and naked seed forms are found in domesticated barley: during the Neolithic period, both forms were grown, but in the Near East, naked barley cultivation declined beginning in the Chalcolithic/Bronze Ages about 5000 years ago. Naked barleys, while easier to harvest and process, are more susceptible to insect attack and parasitic disease. Hulled barleys have higher yields; so within the Near East anyway, keeping the hull was a selected-for trait. Today hulled barleys dominate in the west, and naked barleys in the east. Because of the ease of processing, the naked form is used primarily as a whole-grain human food source. The hulled variety is used mainly for animal feed and the production of malt for brewing. In Europe, the production of barley beer dates at least as long ago as 600 B.C. Barley and DNA A recent (Jones and colleagues 2012) phylogeographic analysis of barley in the northern fringes of Europe and in the Alpine region found that cold adaptive gene mutations were identifiable in modern barley landraces. The adaptations included one type that was non-responsive to day length (that is, the flowering was not delayed until the plant got a certain number of hours of sunlight during the day): and that form is found in northeast Europe and high altitude locations. Alternatively, landraces in the Mediterranean region were predominantly responsive to day length. In central Europe, however, day length is not a trait which (apparently) had been selected for. Jones and colleagues were unwilling to rule out the actions of possible bottlenecks, but suggested that temporary climate changes might have affected the selection of traits for various regions, delaying the spread of barley or speeding it, depending on the adaptability of the crop to the region. How Many Domestication Events!? Evidence exists for at least five different loci of domestication: at least three locations in the Fertile Crescent, one in the Syrian desert and one in the Tibetan Plateau. Jones et al. 2013 report additional evidence that in the region of the Fertile Crescent, there may have been up to four different domestication events of Asian wild barley. The differences within groups A-D are based on the presence of alleles which are differently adapted to day length; and the adaptive ability of barley to grow in a wide variety of locations. It could be that the combination of barley types from different regions created increased drought resistance and other beneficial attributes. The DNA analysis reported in 2015 (Poets et al.) identified a genome segment from the Syrian desert variety in Asian and Fertile Crescent barleys; and a segment in northern Mesopotamia in Western and Asian barleys. We do not know, says Allaby in an accompanying essay, how our ancestors produced such genetically diverse crops: but the study should kick off an interesting period towards a better understanding domestication processes in general. Evidence for barley beer making as early as Yangshao Neolithic (ca 5000 years ago) in China was reported in 2016; it seems most likely to have been from the Tibetan Plateau, but that has yet to be determined.à Sites Greece: Dikili TashIsrael: Ohalo IIIran: Ali Kosh, Chogha GolanIraq: JarmoJordan: Ain GhazalCyprus: Klimonas, Kissonerga-MylouthkiaPakistan: MehrgarhPalestine: JerichoSwitzerland: Arbon Bleiche 3Syria: Abu HureyraTurkey: Ãâ¡atalhà ¶yà ¼kTurkmenistan: Jeitun Sources This article is a part of the About.com guide to the Plant Domestication, and the Dictionary of Archaeology.Allaby RG. 2015. Barley domestication: the end of a central dogma? Genome Biology 16(1):176.Badr A, Muller K, Schafer-Pregl R, El Rabey H, Effgen S, Ibrahim HH, Pozzi C, Rohde W, and Salamini F. 2000. On the origin and domestication history of Barley (Hordeum vulgare). Molecular Biology and Evolution 17(4):499-510.Dai F, Chen Z-H, Wang X, Li Z, Jin G, Wu D, Cai S, Wang N, Wu F, Nevo E et al. 2014. Transcriptome profiling reveals mosaic genomic origins of modern cultivated barley. Proceedings of the National Academy of Sciences 111(37):13403-13408.Jones G, Charles MP, Jones MK, Colledge S, Leigh FJ, Lister DA, Smith LMJ, Powell W, Brown TA, and Jones HL. 2013. DNA evidence for multiple introductions of barley into Europe following dispersed domestications in Western Asia. Antiquity 87(337):701-713.Jones G, Jones H, Charles MP, Jones MK, Colledge S, Leigh FJ, Lister DA, Smith LMJ , Powell W, and Brown TA. 2012. Phylogeographic analysis of barley DNA as evidence for the spread of Neolithic agriculture through Europe. Journal of Archaeological Science 39(10):3230-3238. Komatsuda T, Pourkheirandish M, He C, Azhaguvel P, Kanamori H, Perovic D, Stein N, Graner A, Wicker T, Tagiri A et al. 2007. Six-rowed barley originated from a mutation in a homeodomain-leucine zipper I-class homeobox gene. Proceedings of the National Academy of Sciences 104(4):1424-1429. doi:10.1073/pnas.0608580104Lister DL, and Jones MK. 2013. Is naked barley an eastern or a western crop? The combined evidence of archaeobotany and genetics. Vegetation History and Archaeobotany 22(5):439-446. doi: 10.1007/s00334-012-0376-9Morrell PL, and Clegg MT. 2007. Genetic evidence for a second domestication of barley (Hordeum vulgare) east of the Fertile Crescent. Proceedings of the National Academy of Sciences 104:3289-3294.Poets AM, Fang Z, Clegg MT, and Morrell PL. 2015. Barley landraces are characterized by geographically heterogeneous genomic origins. Genome Biology 16(1):1-11.Riehl S, Zeidi M, and Conard NJ. 2013. Emergence of agriculture in the foothills of the Zagros mountains of Iran. Science 341:65-67. Riehl S, Pustovoytov K, Weippert H, Klett S, and Hole F. 2014. Drought stress variability in ancient Near Eastern agricultural systems evidenced by delta13C in barley grain. Proceedings of the National Academy of Sciences 111(34):12348-12353.Wang J, Liu L, Ball T, Yu L, Li Y, and Xing F. 2016. Revealing a 4,000-y-old beer recipe in China. Proceedings of the National Academy of Sciences Early Edition.Zhao Z. 2011. New Archaeobotanic Data for the Study of the Origins of Agriculture in China. Current Anthropology 52(S4):S295-S306.
Friday, February 14, 2020
The Benefits and Risks of Food Steroids, Antibiotics, and Sprays in Research Paper
The Benefits and Risks of Food Steroids, Antibiotics, and Sprays in the Eye of the Food Manufacturers and the Consumers - Research Paper Example Diseases that can be acquired from eating processed foods with food steroids, antibiotics, and sprays. 1. Cancer 2. Diabetes 3. Heart Diseases B. The routine use of antibiotics was a contributing factor in the surge of drug-resistant bacteria. C. Research of different scientists showing the risks of using food steroids, antibiotics, and sprays to humans. IV. The role of the government in the use of food steroids, antibiotics, and food sprays by food manufacturers. A. The research done by the National Research Council as commissioned by the U.S. Department of Agriculture and the Center for Veterinary Medicine (CVM) under the Food and Drug Administration (FDA). B. The regulations and guidelines issued by the government 1. The Animal Medicinal Drug Use Clarification Act 2. The Animal Drug Availability Act C. The recommendations of the government for the food manufacturing industry for the safety and health of consumers. I. Introduction Additives such as antibiotics, steroids and other s prays were created for food for a reason. Providing food quickly and cheaply to a rapidly expanding population was not an easy task for the food industry over the past century. The short shelf life of most products made storage costly, and adverse weather conditions, animal sickness, and other environmental challenges maintained a high risk of losses to the industry. A way out for combating these challenges was offered by scientific developments: the use of pesticides to kill pests that destroy farms, antibiotics to ensure the health of livestock, and steroids to make the livestock reproduce fast enough to meet the growing demand for meat. These interventions made food more affordable, accessible, and helped reduce losses (National Research Council). However, they also brought a new series of challenges to the table. As scientific knowledge grew, so did the concern about possible ways that additives in food could harm the people consuming them. In particular, were concerns of how th e chemical effects on food may promote obesity and lead to heart disease. Agricultural chemicals, pesticides, and veterinary drugs are now included among the most significant chemical hazards in food (Lawley, Curtis and Davis, 4). This paper will discuss the benefits, potential harmful effects, and governmental policies regarding the use of food steroids, antibiotics, and sprays in food manufacturing. It shall also discuss how the government can help resolve the conflict between health advocates and the food industry. The thesis for this paper is as follows. The government should implement strict guidelines on the use of food steroids, antibiotics, and sprays in the production process instead of banning their use in order to balance the claims of the food manufacturers as well as the advocates of public health of the benefits and risks of these food enhancers. II. The benefits derived by food manufactured in using food steroids, antibiotics, and sprays. D. Production cost is low. Ma thhew Perrone has reported that early studies on antibiotics in the 1940ââ¬â¢s and 1950ââ¬â¢s showed that adding antibiotics to animalsââ¬â¢ diet reduced their feeding costs, and made them ready for consumption faster. Feeding takes up about 70 percent of the cost of raising animals, and the use of antibiotics was thus a windfall for farmers. This led the FDA to approve the use of antibiotics for farm animals in the 1950ââ¬â¢s. No harmful effects of this policy were known until then. Since the
Saturday, February 1, 2020
Go Organic Company Essay Example | Topics and Well Written Essays - 250 words
Go Organic Company - Essay Example In its marketing strategy, the company should apply pricing, promotion, product and place as its marketing tools. These 4 Ps are necessary for helping the company to properly market its products. When it comes to pricing, Go Organic Company should set reasonably fair prices in comparison with its rivals. Through this, it will attract more clients to purchase its commodities. Besides, it should rigorously participate in sales promotion. Here, the company should heavily investing advertisements. In order to reach its target clients and inform them about the supply, uses and benefits of its organic products, it should advertise its commodities in the broadcast, print and online media. Moreover, when it comes to the product, the company should ensure that it manufactures high quality services. For it to enjoy a competitive advantage over its rivals, the company should produce unique and appealing commodities. This will enable it to win the confidence of its potential and existing clients. Lastly, the company should evenly distribute its commodities to ensure that they are made available to all its clients irrespective of their geographical locations. For guaranteed success, these Ps should be used by the
Friday, January 24, 2020
Intertial Confinement Fusion Essay -- Nuclear
Missing Figures INERTIAL CONFINEMENT FUSION 1. Introduction / Beginnings In the 1940s during the development of nuclear explosives, the inertial confinement approach to fusion was born. Weapons researchers determined that by use of high energy sources, such as the fission reaction, light nuclei could be fused, thus creating intense fusion energy. Scientists in the controlled fusion camp also realized that tight compression of fuel pellets could increase the fusion reaction rate which is proportional to fuel density. (Robert A. Gross, Fusion Energy, New York: John Wiley and Sons, 295) Scientists were, at this stage, trying to discover a mechanism which could compress a light-nucleus fuel. The invention of high power lasers encouraged the inertial-confinement camp. The radiation from the laser heats a fuel pellet, and as the plasma from the pellet rapidly expands, a momentum reaction sends compressive waves inward, converging on the pellet's core. The energy in the core causes the ignition of the pellet. The common desire is to obtain a thermonuclear energy yield that exceeds the energy which is required to heat and compress the solid before the pellet explodes; hence the name inertial confinement. Some of the early research in this subject was done by Nuckolls and Kidder of the Livermore Laboratory, and Bosov and Krokhin of the Kurchatov Institute in the USSR. (Gross, 295) Since these great efforts, the scientific community has considered inertial-confinement fusion to be the top alternate method for controlled thermonuclear fusion. The most probable containment, of course, is magnetic confinement fusion. Tokamak Fusion Test Reactor (TFTR) in Princeton, New Jersey is argueably the premier ma... ...died; however, the heavy-ion accelerators show much promise in its short time of consideration. Laser light coupling and laser efficiencies have been a problem for laser-driven designs. Ion-driven devices have problems of their own, particularly in focusing to the required power density. (Dean, 75) The HYBALL-II project as well as other ICF projects today have easily surpassed the yields of the early ICF reactors (SOLASE). In the big picture, however, one should keep in mind that magnetic-confinement devices show much more promise at this point. Works Cited Dean, Stephen O., (ed.). Prospects for Fusion Power. New York: Pergamon Press, 1981. Gross, Robert A. Fusion Energy. New York: John Wiley and Sons, 1984. Velarde, Guillermo, et. al, (ed.). Nuclear Fusion by Inertial Confinement: A Comprehensive Treatise. Boca Raton: CRC Press, 1993.
Thursday, January 16, 2020
Traditions Aren’t Always Worth Keeping
On the morning of June 27th, a tiny town of about 300 people, meet in the town square for a tradition they call ââ¬Å"the lottery. â⬠The kids come first to the square, straight from school, then come the fathers, and then the mothers after they finish the housework. They all stand waiting as they call the names of all the fathers in the families to the front to pull a wood chip from a black box, and the family with the black dot on their wood chip will participate in ââ¬Å"the lottery. â⬠Each member of that family will draw a piece of paper hoping is doesnââ¬â¢t contain a black dot.Whoever gets that specific piece of paper will be stoned to death by the whole town. This intense story comes to life in Shirley Jacksonââ¬â¢s ââ¬Å"The Lottery,â⬠written in 1948. This is a very trying story that has a huge impact on the town, and ends with a stoning. This small town has become accustomed to this tradition that will not be let go. After studying the story, Shirle y Jackson presents the theme that, People are reluctant to reject outdated traditions, ideas, and/or practices. According to dictionary. com, Traditions are beliefs or customs taught by one generation to the next, often orally.These traditions are maintained usually by societies and governmentââ¬â¢s, and share history, customs, culture, the teaching of language, and sometimes education. Traditions are a part of our society today, and some traditions date back to past generations. Us as individuals may have our own traditions in our own family, usually being annual traditions. Government and city traditions are different that family traditions, in the way that, throughout the years traditions may need to be altered or changed depending on the times, as generation change. However, this doesnââ¬â¢t always happen. The lottery,â⬠is a tradition in this town that is not even a thought when it comes to change. Some people in the town feel that there was a reason this tradition w as started, and it should be continued. It has caused a lot of tension and a lot of ideas on whether or not this tradition should be kept. Many people in the town feel this is a harsh way of exiling someone from the town, and feel it is very unnecessary. Traditions become a big part in this story and present the theme throughout the story. ââ¬Å"The morning of June 27th was clear and sunny. . . . . The people of the village began to gather in the square, between the post office and the bank around ten oââ¬â¢clock,â⬠(Jackson 586).This passage that opens the short story presents the setting, but also shows the audience that the setting is a part of the tradition of ââ¬Å"the lottery. â⬠Every year in June this routine of coming to the square to participate in ââ¬Å"the lotteryâ⬠becomes second nature to the town, and they soon realize that this is a tradition that will continue. Jackson not only discusses that the setting is a tradition, but also presents that ev en the materials that they use are traditions as well. The black box now resting on the stool had been put into use before Old Man Warner, the oldest ma in town, was born,â⬠(587). The box is the item that is used for the drawing, which by this point, as old as it is, needs to be remade. ââ¬Å"Mr. Summers spoke frequently to the villagers about making a new box, but no one like to upset even as much tradition as was represented by the black box,â⬠(587). Traditions in this town will not be easily let go. This box does need some serious work, but Jackson goes on to say that they just tape it up and itââ¬â¢s ready to go for the next year.Cummings Study presents ââ¬Å"This box is used as a symbol to present that this town is stubborn and doesnââ¬â¢t want to give up their traditions, even a simple item is something they canââ¬â¢t get rid of. Everything needs to be the original. â⬠Traditions are even kept in the process of performing the lottery. Mr. Summers, o n of the main characters in the story and presides over the lottery states, ââ¬Å"Now Iââ¬â¢ll read the names- heads of the families first- and the men come up and take a paper out of the box.Keep the paper folded in your hand without looking at it until everyone has had a turn,â⬠(589). This is the process of the lottery and it shows that even this hasnââ¬â¢t changed. Jackson goes on to say that the people of this town had heard this speech so much that they half listened. She also says that most of them were quiet and frustrated with what was about to happen. ââ¬Å"The lottery has become very frustrating to these people, and after so many years participating in the lottery is enough,â⬠states Brothers Judd, a review of the story.So how many years has this been going on? Old Man Warner, a character in the story, says ââ¬Å"Seventy-seventh year I been in the lottery. Seventy Seventh time,â⬠(590) which shows the audience that this tradition has gone on a long time. At the event there was even talk between two of the characters Old Man Warner and Mr. Adams on the fact that over in the North Village are talking about giving up the lottery, and Old Man Warner comes back and says ââ¬Å"Pack of crazy fools. Listening to the young folks, nothingââ¬â¢s good enough for them.Next thing you know theyââ¬â¢ll want to go back to living in caves, nobody work anymore, live that way for a while. Used to be a saying ââ¬Ëlottery in June, corn be heavy soonââ¬â¢. . . . . Thereââ¬â¢s always been a lottery,â⬠(590). With strong feelings Old Man Warner shows that the lottery is here to stay and it always will be. It is the town history and is part of their culture. The stubborn attitudes of some people in this story have caused a problem in this town when deciding on whether or not to keep the lottery. Jackson is trying to get across that even though this is an old tradition it needs to be kept around.Keeping these traditions are not alw ays the best thing to do. Looking at Americaââ¬â¢s history, we had several traditions that we have had, that have had negative impacts such as, slavery, Salem Witch Trials, and Voting, that had they not been changed our country would not be where it is today. Some of the characters in the story realize that change is good and the traditions should be looked at more to see if this is actually worth keeping, while other characters donââ¬â¢t care what others think and are strict to following the tradition.Jackson shows the audience of the story that traditions are there for a reason, but also shows that change is always good. People are reluctant to reject outdated traditions, ideas, and/or practices. We need to be open to new ideas. America has in its history and following the same traditions isnââ¬â¢t always right. Overall this was a great story and would defiantly recommend it. Jackson presents many more ideas than what I have mentioned and I think every reader should exper ience it themselves.
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