Law of International Trade - Free Essay Example

Sample details Pages: 11 Words: 3371 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? The above problem question requires examination of several legal issues ranging from formation of contracts to questions of jurisdiction and international contract terms. The facts can be simplified as follows: Dear John Plc sells goods, in this case filters, to Vera Rose Pty Ltd. Having purchased the filters Vera Rose, a company which specialises in reselling mining equipment, enters into a contract to sell them to Venture Devils Inc. Don’t waste time! Our writers will create an original "Law of International Trade" essay for you Create order One of the first issues which strike the reader is the fact that goods are advertised for sale FOB Rotterdam while the contracting parties enter into a CIF contract. Both FOB and CIF can be generally described as non-mandatory standard contract terms which are also known as Incoterms.[1] In order to ensure consistent application Incoterms are published by the International Chamber of Commerce, the latest version of Incoterms entered into force on 1 January 2000 and it is now available in 31 languages. Taking into account the fact that rights and obligations of sellers and buyers are determined by the contract in which they enter the difference between CIF and FOB is a crucial one. FOB stands for free on board,[2] as established in Stock v Inglis[3] the sellers duty is to deliver goods on board the ship while the buyer is required to nominate the vessel and make his nomination known to the seller. In addition to the above an FOB buyer has a duty to cover the cost of freight and ins urance. Obligations arising under FOB contracts can be juxtaposed with duties undertaken by the parties trading under the CIF term. CIF stands for cost, insurance and freight, in this type of contract the seller must arrange carriage and insurance and supply goods which correspond with the contract description.[4] Once these requirements are satisfied the seller must then forward to the buyer the following documents: a bill of lading, an insurance policy and a commercial invoice. On some occasions additional documents, such as for example a certificate of quality or a certificate of origin, may also be required. The buyer is obliged to accept the documents presented to him by the seller and receive the goods at their destination, in addition to this he is also responsible for custom duties and any import licenses which may be needed. As far as the contract between Dear John (the seller) and Vera Rose (the buyer) is concerned it is clear that Vera Rose prefers to trade on CIF term s. If the filters were sold FOB Rotterdam, as advertised by Dear John, the responsibilities of the seller (Dear John) would be less onerous than under the CIF contract, for instance Dear John would be obliged to merely load the goods on to the vessel rather than deliver them to a port in another country. On the facts as presented it is difficult to determine whether the contract concluded between Vera Rose and Venture Devils was a CIF contract, nonetheless the judgement in Smyth Co. Ltd v Bailey Son Co. Ltd may be of some assistance. In the course of his judgement Lord Wright described the CIF term as a type of contract which is more widely and more frequently in use than any other contract used for the purposes of sea-borne commerce. Thus, due to lack of evidence to the contrary it will be presumed that Vera Rose and Venture Devils traded on the basis of the CIF term. Finally, it is important to remember that choice of contract not only affects legal obligations of the sell er and buyer but also it has a significant impacts on the passing of property, risk and cost; therefore in FOB contracts property and risk pass at the time when goods cross the ships rail while in CIF contracts documents are tendered in return for the payment of the price at which point property passes to the buyer.[5] The contract between Dear John Plc and Vera Rose Pty Ltd The law governing legal agreements is of paramount importance to all international private law contracts. In England provisions pertaining to the choice of law and choice of jurisdiction clauses can be found in the Contracts (Applicable Law) Act 1990. The Act gives effect to the Convention on the Law Applicable to Contractual Obligations otherwise known as the Rome Convention. The scope of the Rome Convention is determined by Article 1(1), in accordance with this provision the Convention applies to contractual relationships which involve a choice between laws of different countries. The contracting parties are free to choose the law applicable to their contract and in accordance with Article 3(1) their choice will be enforeced whenever possible. We are not told whether the contract concluded between Dear John and Vera Rose contained the choice of jurisdiction and/or choice of law clause. In the absence of such provisions courts try to infer the intention of the parties from the circumstances relevant to the case: Article 4. Article 4(1) provides that a contract should be governed by the law of the country with which it appears to be most closely connected. The closest connection is determined by looking at the à ¢Ã¢â€š ¬Ã…“characteristic performanceà ¢Ã¢â€š ¬Ã‚  of the contract, in Hogg Insurance Brokers Ltd v Guardian Insurance Co Inc[6] characteristic performance was defined as à ¢Ã¢â€š ¬Ã…“performance for which payment is due.à ¢Ã¢â€š ¬Ã‚  Article 4(2) sets out the factors which are relevant to determining characteristic performance, however it should be stressed that the provisions of paragraph 2 do not apply to contracts of carriage of goods. The relevant provisions can be found in paragraph 4 of Article 4 which provides: à ¢Ã¢â€š ¬Ã…“where the country in which the carrier has his principal place of business is also the country where the goods were loaded or discharged, or the principal place of business of the consignor at the time the contract is concluded, it is presumed that the contract is most closely connected with that country.à ¢Ã¢â€š ¬Ã‚  Taking into account the fact that the identity of the carrier is unknown and there is no information concerning the choice of law clauses the legal problems arising in this question will be analysed in the light of English law. The reader is told that Ashley is concerned about the price increase which resulted from the changes in interests rates. It is submitted that in this particular case any advice given to Ashley will depend on whether Dear Johns standard terms and conditions have bee n successfully incorporated into the contract. In the vast majority of cases the buyer is not aware of standard terms at the time of making an offer. Moreover, it should be stressed that in order to be effective acceptance must be unconditional and unqualified[7] and therefore acceptance which introduces new terms is not an acceptance but a counteroffer. In Schmitthoffà ¢Ã¢â€š ¬Ã¢â€ž ¢s Export Trade the authors expressed a view that the same principles should be applicable to the incorporation of the sellers general conditions, however due to practical considerations this is not always the case. Furthermore, the courts will be less likely to adhere to the strict legal principles if there is evidence that the parties have already acted on their agreement.[8] Ashleys case is complicated by the fact that he has not seen the footer. At present there is no reported case law concerning incorporation of standard terms and conditions in electronic communication, however the decision in Poseidon Freight Forwarding Co Ltd v Davies Turner Southern Ltd[9] gives some indication as to the views which might be taken by the courts in the future. In Poseidon Freight Forwarding the parties communicated with each other using fax machines, standard terms were printed on the back of documents and the claimant did not notice them. The court held that the terms could not be relied on due to lack of a reasonable notice. Another issue which may prove to be decisive is the fact that Ashley emailed a confirmation. The principles established by the common law are clear: as long as an agreement is signed it is legally binding irrespective of whether it has been read or understood.[10] It is possible that the confirmation email send by Ashley could constitute a à ¢Ã¢â€š ¬Ã…“signature.à ¢Ã¢â€š ¬Ã‚  In some cases it may be possible to incorporate terms and conditions into a contract without the need for a signature, however there is an important condition which must be satisfied: the more unusual a clause is, the greater the notice which must be given of it.[11] The clause allowing for interest rate adjustments is reasonable and the price increase was not excessive considering the interest rate fluctuations. However, some doubts remain as to whether Ashley was given sufficient notice of the terms, on the other hand it can be argued that he was careless not to scroll all the way down his email message; furthermore, the terms would be more likely to be binding if they were well established as a customary trade practice.[12] On the basis of the above evaluation it appears that standard terms and conditions have been incorporated into the contract although more information would be needed in order to provide reliable legal advice. Ashley is also concerned about late delivery. If the filters were delivered late Vera Rose would be entitled to damages, according to the decision in Hadley v Baxendale[13] damages are calculated by estimating the difference in the value of goods at the time when delivery was due and the time when the goods were actually delivered.[14] Although it would not be possible for Vera Rose to claim compensation for the closure of Venture Devils mines Vera Rose could claim for loss of a sub-sale if as a result of late delivery Venture Devils purchased the filters elsewhere. However, in order to be entitled to damages Vera Rose would have to prove that the loss was sustained in the usual course of events, in other words Dear John would have to be aware that Vera Rose is a dealer or that the company intended to resell the filters.[15] Finally, accurate legal advice cannot be given without careful examination of the contract. Conditions and warranties are particularly important, the contract may contain liquidated damages clauses, a clause which states that delivery time is a warranty (unlikely!) or, on the contrary, a clause which provides that time is of the essence. The contract between Vera Rose Pty Ltd and Ve nture Devils Inc The above discussion of the choice of law clauses applies in equal measure to the contract concluded between Vera Rose and Venture Devils. The difference between this and the previous case scenario is that communication between the parties was not confined to two different countries which may in turn may have a significant impact on the law applicable to the contract. According to the judgement in Brinkibon Ltd v Stahag Stahl und Stahlwarehandels GmbH[16] a contract is formed when acceptance is communicated by the offeree to the offeror. If it is necessary to determine where a contract is formed this should be at the place where acceptance is communicated to the offeror. The ratio of this case applies to the so-called instantaneous communication methods, in this case faxes. The question states that the contract was concluded by an email send from Jakarta to the Venture Devils branch in San Francisco and this implies that the contract should be governed by foreign law. However, legal problems encountered in this question will be approached as if that the Venture Devils Contract contained a clause opting for the application of English law. Vera Rose, the seller, suffered a loss of profit due to rejection of the goods by Venture Devils, the buyer. The company is seeking advice as to whether it has a claim and, if so, is it against the carrier or Dear John Plc. In England and Wales the sale and supply of goods is governed by the following legislation: the Sale of Goods Act 1979 (the Act amended the Sale of Goods Act 1893), the Supply of Goods and Services Act 1982 and the Sale and Supply of Goods Act 1994. According to section 14 Sale of Goods Act 1979 the buyer has a right to reject to the goods if they are not of satisfactory quality. Moreover, in Mash Murrell Ltd v Emanuel Ltd[17] Diplock J. stressed that in sale contracts involving international carriage, such as for example CIF or FOB, there is an implied warranty that goods wil l arrive at their destination in a satisfactory condition; the seller is also impliedly guaranteeing that the goods will be capable of withstanding the demands of transportation. Venture Devils claimed the filters were à ¢Ã¢â€š ¬Ã…“unusableà ¢Ã¢â€š ¬Ã‚  and therefore they promptly rejected them. The filters were inspected within 24 hours which means they have been rejected within a reasonable time and the seller was immediately informed. A CIF buyer has a right to reject the goods even if he receives the documents prior to the arrival of the goods; in fact the right to reject the goods cannot be exercised prior to the arrival of the goods or before the buyer has a chance to examine them.[18] Unfortunately for Vera Rose a CIF seller cannot re-send the goods if they are found not to conform with the contract description.[19] In other types of contract, e.g. FOB, the second tender is allowed as long as the goods arrive within the time agreed in the contract. In any case the fil ters arrived on time and most likely Vera Rosa would not have had time for a second tender even if such a right existed. Consequently, assuming that Venture Devils had reasonable ground to reject the filters Vera Rose will not have a good claim. Potential claim against Hucklebuck Plc Hucklebuck Plc is an English company and therefore it is likely that its principal place of business is located in England. This assumption, combined with the knowledge that cargo was discharged in Welshpool, strongly indicates towards the closed connection with England. Consequently, the contract concluded between Vera Rosa and Hucklebuck Plc will be analysed in the light of English law: Article 4(4) the Rome Convention. The next issue which must be determined is the legal identity of the carrier, in the article Who is Carrier? Shipowner or Charterer Christopher Giaschi said: à ¢Ã¢â€š ¬Ã…“In all cargo cases one of the first things the person handling the claim must do is decide who is poten tially liable as a carrier of the goods.à ¢Ã¢â€š ¬Ã‚ [20] The confusion should be attributed to the fact that many modern vessels are chartered rather than owned by the carrier and in addition to this there are different types of charterparties, the main ones are: voyage charter, time charter and bareboat charter also known as charter by demise. A detailed discussion of problems arising in charterparties is beyond the scope of this paper, however it should be stressed at this point that the distinction between the legal and actual carrier would have a substantial impact on the advice given to Vera Rose. Similarly, if Hucklbuck was a freight forwarder acting as a carrier it would also affect Vera Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. The facts presented in the question are insufficient to determine how or by whom the damage was caused. The filters were delivered directly to the warehouse which means they may have been transported using multimodal containerised transport methods. Mod ern transport methods make it very difficult to determine the exact point of damage, e.g. in this particular case damage might have occurred while the goods were in charge of the road haulier. It should be stressed that the right to sue arising under the bill of lading used to be determined by the indorsements contained in the bill and closely linked with the passage of property.[21] Following the implementation of the Carriage of Goods by Sea Act 1992 (which repealed the Bills of Lading Act 1855) the property no longer has to pass before the holder of the bill of lading can claim a right to sue. The most important provisions from Vera Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s point of view are those contained in section 2(2)(b), the section allows the seller to sue the carrier once the bill of lading is returned to him as a result of rejection of the goods by the buyer. Thus, irrespective of the fact that on arrival of the goods at their destination the bill of lading ceases to play a function of a transferable document of title the seller can sue the carrier as a lawful holder of the bills of lading once the documents are returned to him. Consequently, Vera Rose could sue the carrier provided there is a reason to suspect he did cause the damage. Potential claim against Dear John Plc Vera Rose should have inspected the consigned at the first opportunity, it is not certain whether they have or have not performed this task. The question states that Vera Rose accepted the filters on the à ¢Ã¢â€š ¬Ã…“without prejudiceà ¢Ã¢â€š ¬Ã‚  basis, which Vera Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s staff may have interpreted as à ¢Ã¢â€š ¬Ã…“without inspectionà ¢Ã¢â€š ¬Ã‚  basis. Just like Venture Devils Vera Rose had a right to reject the goods but this right may have been lost when the filters were forwarded to Venture Devils. Vera Rose attempted to resell the goods and by doing so implied that it had no intention of exercising its rights, consequently it may now be estopped from rejecti ng the goods particularly if rejection would cause injustice to other parties.[22] Moreover, in Bigge v Parkinson[23] the court held: à ¢Ã¢â€š ¬Ã…“Where a person undertakes to supply provisions, and they are supplied in cases hermetically sealed, but turn out to be putrid, it is no answer to say that he has been deceived by the person from whom he got them.à ¢Ã¢â€š ¬Ã‚  This leads to a conclusion that Vera Rosa may be unable to show a good claim in an action against Dear John. BIBLIOGRAPHY Books Chuah, J.C.T, Law of International Trade, Lodnon: Sweet Maxwell, 2001. Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy, Leo, ed, Schmitthoffà ¢Ã¢â€š ¬Ã¢â€ž ¢s Export Trade: The Law and Practice of International Trade, London: Sweet Maxwell, 2000. Wilson, John, Carriage of Goods by Sea, Pearson Longman, 2001. Legal articles Brown, I, Acceptance in the Sale of Goods, [1988] J.B.L. 56. Macdonald, E, The Duty to Give Notice of Unusual Contract Terms, [1988] J.B.L. 375. Cases Bigge v Parkinson (1862) 7 H N 955. Brinkibon Ltd v Stahag Stahl und Stahlwarehandels GmbH [1983] 2 A.C. 34. Chellaram Co. v China Ocean Shipping Co [1991] 1 Lloyds Rep. 493. Chevron International Oil Co Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 W.L.R. 401. Hadley v Baxendale [1854] 156 E.R. 145. Hogg Insurance Brokers Ltd v Guardian Insurance Co Inc [1997] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 412. J Spurling Ltd v Bradshaw [1956] 1 W.L.R. 461. LEstrange v Graucob Ltd [1934] 2 K.B. 394. Mash Murrell Ltd v Emanuel Ltd [1961] 1 All E.R. 485. Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India; The Kanchenjunga [1990] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 391. Panchaud Freres SA v Etablissements General Grain Co [1970] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 53. Poseidon Freight Forwarding Co Ltd v Davies Turner Southern Ltd [1996] 2 Lloyds Rep. 388. Smyth Co. Ltd v Bailey Son Co. Ltd [1940] 3 All E.R. 60. Stock v Inglis (1884) 12 Q.B.D. 573. Statutes and Conventions 1893Act amended the Sale of Goods Act 1979Sale of Goods Act 1980Rome Convention on the Law Applicable to Contractual Obligations 1982Supply of Goods and Services Act 1990Contracts (Applicable Law) Act 1994Sale and Supply of Goods Act Internet sources https://www.iccwbo.org/incoterms/id3042/index.html https://www.admiraltylaw.com/papers/Carrier.htm 1 [1] https://www.iccwbo.org/incoterms/id3042/index.html [2] Chuah, J.C.T, Law of International Trade, Lodnon: Sweet Maxwell) 95; Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy, Leo, ed, Schmitthoffà ¢Ã¢â€š ¬Ã¢â€ž ¢s Export Trade: The Law and Practice of International Trade, London: Sweet Maxwell) 15. [3] (1884) 12 Q.B.D. 573. [4] Smyth Co. Ltd v Bailey Son Co. Ltd [1940] 3 All E.R. 60. [5] Chuah 108 140. [6] [1997] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 412. [7] Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy 54. [8] Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy 59. [9] [1996] 2 Lloyds Rep. 388. [10] Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy 63. LEstrange v Graucob Ltd [1934] 2 K.B. 394, Chellaram Co. v China Ocean Shipping Co [1991] 1 Lloyds Rep. 493. [11] J Spurling Ltd v Bradshaw [1956] 1 W.L.R. 461. [12] Chevron International Oil Co Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 W.L.R. 401. [13] [1854] 156 E.R. 145. [14] Chuah 144 145. [15] Chuah 144 145. [16] [1983] 2 A.C. 34. [17] [1961] 1 All E.R. 485. [18] Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy 94 97. [19] Dà ¢Ã¢â€š ¬Ã¢â€ž ¢Arcy 94. [20] https://www.admiraltylaw.com/papers/Carrier.htm [21] See s 1 of the Bills of Lading Act 1855. [22] Panchaud Freres SA v Etablissements General Grain Co [1970] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 53, Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India; The Kanchenjunga [1990] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep. 391. [23] (1862) 7 H N 955.

How to Make a Real Lava Lamp

There a recipes all over the internet for easy lava lamps, but they arent the real deal. Thats because true lava lamps are a bit trickier to make. If youre ready for the challenge, heres what you do. Lava Lamp Materials Benzyl alcohol4.8%  saline solution40-60 Watt light bulbGlass containerOil-soluble markerGlass bottleTin canDimmer switchPlywoodTools How to Make the Lava Lamp Break open an oil-soluble marker or pen and place the inked felt into a container of benzyl alcohol. Leaving it in longer will give a darker color, but will also increase the tendency to bleed into the brine.A few minutes is usually a good time to leave the inked felt in the alcohol. A Sharpie bleeds too much into the brine, so choose a different type of marker.The benzyl alcohol, specific gravity 1.043 g/ml, and 4.8% salt water (brine, specific gravity 1.032 g/ml) go into the glass container. A bottle about 10 inches tall is good.Build a base to hold the bottle over the lamp using a tin can and plywood. A dimmer on the light will allow you to control heat.You may wish to place a fan at the top of the bottle to cool the liquid at this location.You will need to experiment to get the best distance between the heat source (light) and the glass container.You want about 150 ml benzyl alcohol and the remainder of the liquid to be brine. Seal the bottle, but allow airspace.Try about 1 inch of air space at the top, to allow for expansion of the fluids. The amount of airspace will affect bubble size.Responsible adult supervision is required! Because the materials may be toxic and there is a flammability hazard, this project is not intended for young or inexperienced investors. Tips for Success Alternatives to benzyl alcohol include cinnamyl alcohol, diethyl phthalate, ethyl salicylate, or nitrobenzene.An oil-based ink may be used instead of the marker.If the benzyl alcohol floats to the top and stays there, add more water. If the alcohol stays at the bottom, add more salt (NaCl).A trace amount of an antioxidant, such as BHA or BHT, may be added to the liquid to add color and increase contrast.Please read the  Material Safety Data Sheet  for benzyl alcohol before performing this procedure. Have fun and be safe!

Feminism and Womens Rights in North America - 2219 Words

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In the book Backlash: The Undeclared War Against American Women by Susan Faludi she claims that after the second wave the media portrayed a growing trend in unhappiness in women across North America. The media claimed that this unhappiness was due to the recent acts of the feminist movement. The media claimed that by embracing their independence and focusing more on perusing a career, women had damaged their chances for marriage and a family. News papers claimed that women who were unmarried were more likely to experience depression and mental breakdowns. In the 1986 Newsweek even published an article claiming that you had a better chance of getting killed by a terrorist than getting married if you were a college educated woman of 30. Even with the new legal equalities achieved by the second wave, equality in t he media and in society was still a distant dream. 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In present days, the equality between men and women have improved, despite the fact that some countries are still striving to establish those same rights for both genders. Nellie McClung is a perfect example of a Canadian social activist who advocated for the rights of women throughout the late nineteenth and early twentieth century. In this essay, I will examine the type of feminism she represented, in addition to the contribution

Herbert Mullins- a Case Study of a Serial Murderer

SOCIAL ENVIRONMENT Herbert William Mullin was born on April 18, 1947, in Salinas California (Newton, 2000). Dr. Lunde and Morgan describe Salinas as a farming community in Monterey County South of Santa Cruz (1980). Herbert is the younger of two children his sister Patricia being the elder, born to Jean and Martin William Mullin. Jean, a devout catholic, and Martin, a military veteran; raised their children in what some would say a â€Å"nurturing, stable but perhaps strict Roman Catholic household† (Vronsky, 2004 p. 149). He was a gentle natured child and very bright. He played little league baseball and was a Boy Scout (Lunde, Morgan, 1980). Herb attended parochial school so he was separated from neighboring peers that attended the local†¦show more content†¦On the surface things seemed to be going well for Herbert. In College, he remained involved with high school friends that were once close to Dean, which included James Gianera. Jim argued against the war; inform ing Herb of other options, such as becoming a Conscientious Objector. The spring and summer of 1966, Herbert experiences the hippie lifestyle, experimenting with other drugs as well such as acid. He dropped his relationship with his long time high school sweetheart. He grows his hair long, wears beads and tattoos. People who knew him are amazed at his total shift. Fall 1966, he cut his hair and put on a suit resembling a business man (Ressler, Shachtman, 1992). He worked hard at a service station and in school. The spring of 1967, Herbert rekindles his relationship and soon gets engaged. His circle of friends have widened, and involved individuals associated from the drug culture of the late 60’s to 70’s. Herbert began obsessing over Eastern Religions, especially the concept of reincarnation. He was obsessed with his friend’s death and continued to search for answers. He graduated with his Associates Degree in Science and Highway Engineering. In fall 1967, Herb enrolls into San Jose State but dropped after six weeks. He gets a dishwashing job and consumes himself with the study of Hinduism, reincarnation and yoga. He agonized at the thought of him beingShow MoreRelatedSerial Killers Essay2668 Words   |  11 PagesSerial Murder The mind behind the crime! Thesis statement: Serial Murderers are not just murderers but also victims of the rotten hand they were dealt. Abstract I. Definition History A. The Most Infamous Killer B. Myth Theory 1. WereWolves 2. Vampires III. Causes A. Serial Killer Characteristics B. Theories VI. Case Studies A. Charles Manson 1. Bibliographical Info 2. Childhood Trauma B. John Wayne Gacy 1. Bibliographical Info Read More From Cain and Abel to Serial Killers Essay example2283 Words   |  10 PagesFrom Cain and Abel to Serial Killers      Ã‚  Ã‚  Ã‚   Jeffrey Dahmer, John Wayne Gacy, Mark Allen Smith, Richard Chase, Ted Bundy-the list goes on and on. These five men alone have been responsible for at least ninety deaths, and many suspect that their victims may total twice that number. They are serial killers, the most feared and hated of criminals. What deep, hidden secret makes them lust for blood? What can possibly motivate a person to kill over and over again with no guilt, no remorse, no hint

The causes and effects of sleep deprivation among students free essay sample

Did you wake up this morning feeling more tired than you did when you went to bed? If so, something is disturbing your sleep. However, do you know what it is? This problem is nothing new and yet more and more students suffer from sleep deprivation, which is a lack of sleep that effectively refresh the body, both physically and psychologically. Stress, unbalance diet, and interactive electronics could be the causes to sleep deprivation. These factors can result into mental illness, academic performance can be badly affected and could lead to the risk of getting obesity. One of the main causes of sleep deprivation is stress. Students always burn the midnight oil to finish the assignment as every lecturer on campus gives an assignment on the same week (Smith, 2010). The involvement in volunteer work and social activities pack their schedules (Smith, 2010). Besides that, the dominant factor of potential stressor is family (Brecht, n. We will write a custom essay sample on The causes and effects of sleep deprivation among students or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page d. , p. 21). Kinjal (2010) states that parental fight has significant impact on their children such as violent conversations and use of unpleasant language in front of their children. Children get a big stress from high expectations by their parents (Pejakovic, 2012). For instance, parents want their children to succeed in every field (Pejakovic, 2012). Diet can also cause sleep deprivation. Practicing a balanced diet is crucial to overall health and sleep because your body is still working while asleep. Your body not only requires the healthy nutrients which is rich in fruits and vegetables, lean proteins and whole grains, but also have to avoid fried foods and sugars (Morris, 2011). In addition, foods should be consumed four hours before bed time to overcome sleep disturbance and disorder (LC, 2008). When examination is around the corner, students always drink caffeine which are found in coffee, tea, chocolate, cola, and energy drinks. This is because one caffeine can boost up our body but sometimes it beyond our need which can contribute to poor sleep (Morris, 2011). Electronic devices are often overlooked as a sleep deprivation cause. Czeisler (n. d. , as cited in Tarkan, 2011) says that electronic devices are enticing students to stay up late. Students tend to answer their phones or reply to a text in the middle of the night (Gustafson, 2009). According to Gradisar (n. d. ), a co-author of the study, interactive electronic devices are more attentive and disrupt the sleep cycle (Tarkan, 2011). Moreover, the release of the sleep-promoting hormone melatonin is suppressed by artificial light from the computer screen (Tarkan, 2011). Studies have been conducted, surveys have been taken, and it has been discussed in the news for years that there are a lot of consequences of sleep deprivation. One of them is sleep deprivation causes mental illness in students. Students get annoyed for every nonsensical reason when they do not get proper sleep (â€Å"Sleep deprivation effects†, n. d. ). For example, they get angry easily without any reason at their friends. This aggressive nature can ruin a friendship, so they feel more depressed (â€Å"Sleep deprivation effects†, n. d. ). Furthermore, it can also lead to certain psychological problems (Dixon, 2008). Tsang (2008) has found that short sleepers develop anger, anxiety and worry. Inadequate sleep also dealing with further complications that could make your life desolate and endanger your well-being (Dixon, 2008). Another effect of sleep deprivation is that it can affect a student’s academic performance in school. Mental fatigue which result from sleep deprivation leads to poor decision making and weaken problem solving skills (Dixon, 2008). Short sleepers will decrease their recall ability which is affecting everything from muscle to memory retention as sleep is one of the body’s most vital processes (Smith, 2010). Kelly, Kelly and Clanton (2001) indicate that the decreased ability to focus on education-related activities are responsible for the lower grade-point averages of short sleepers. In fact, many skills hidden in students are affected such as learning skills and cognitive behavior (â€Å"Sleep deprivation effects†, n. d. ). Short sleepers are more likely to gain excess weight and become obese. According to a study by the University of Chicago, sleep deprivation decrease body’s sensitivity to insulin (â€Å"Sleep more, live†, 2012, p. 34). Therefore, it makes your body gain more weight quickly (Rodolfo, 2011). The predominant reason behind gaining weight is that the hormonal levels in the body that control appetite fluctuate follows from lack of sleep (â€Å"Sleep deprivation effects†, n. d. ). Obesity, which increases the odds of developing sleep apnea or heartburn and associated digestive problems, is due to not eating properly (Morris, 2011). Having a good night’s sleep is an essential requirement for nearly all parts of students’ life. Lack of a good night’s sleep can increase the risks of becoming mentally ill, affect academic performances, and put students at a risk for obesity. These are due to stress experienced by students, unbalanced diet, and interactive electronics that students often overlook

The Way of Learning free essay sample

Throughout these past two semesters I have taught myself how to write better by learning from my mistakes. Coming to a realization that the more I write the more experience and knowledge I gain. By taking the time to analyze and look back on previous essays it showed me how I mature in my writing over this course. Developing stronger essays with the use of more formality, proofreading more carefully, great use of quotes, and many more attributes I find that showed my improvement. As I took time to look at two essay one being my most successful and the other the least successful I can see my strengths as well as weaknesses. The essay that is most successful is my persuasive essay â€Å"Staying Home†. This essay was assigned to me second quarter and I showed a tremendous amount of improvement. I had good use of quotes and evidence supporting my thesis. We will write a custom essay sample on The Way of Learning or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The most important part of the essay is the thesis; I had a strong thesis that showed my reader my purpose of the essay. Having a stay at home parent allows their children to properly develop good morals, obtain safety, create good study habits, and allow parents to be a bigger part of their child’s life†. The tone I used throughout the essay was formal and I avoided a non-academic tone. Many times writers use quotes without explaining them however, I elaborated each of the quotes I used. This essay was well organized and kept the reader intrigued. I established facts to support my argument for example, â€Å"Mary Eberstadt of the Hoover Institution offers a simple and straightforward answer: stay home with children. She has concluded that most of the problems of today’s youngsters—from biting toddlers to depressed middle-schoolers to out-of-control teenagers—can be blamed on out-of-the-house moms and absentee dads† (Blyth). In the essay I also learned how to counter my own argument which I feel enticed the reader to continue reading the essay. By having a counter argument and then a rebuttal my reader is aware that I know my facts and it only makes my argument stronger. All the claims I have made throughout my essay are supported by evidence of some kind presenting a well developed essay. Overall this essay was thoughtful and well-developed and is a good choice for my most successful essay. Looking back at previous essays I was able to see what I have learned and applied to my persuasive essay making it my most successful essay. In my previous essay my formality was not as strong in that at times I had use of â€Å"slang† words. I learned that my use of words in my essay contributes to how the strong the essay will be. In previous essays I tended to leave out quotes because, I did not realize they good be so powerful especially when writing a persuasive or informative essay. By using quotes it eliminates any type of doubt your reader might have. Earlier this school year I did not take outlining seriously, I felt that it would be easier for me to just write my essay from the top of my head. I came to find out that when I did not outline my essay had no organization and I kept falling short of words towards the end of my essay. I learned that by outlining prior to writing the essay, I allow myself to write a well-developed, organized, and thoughtful essay. The least successful essay would be my informative essay â€Å"Accept Different†. I consider this my least successful because I was not as sophisticated in my writing compared to my better essay. I used quotes however, there were not much. Repetition is a huge issue I have when I write; when I am trying to get a point across to my reader I tend to repeat it a lot. This drives the reader into boredom and eventually they will get tired of hearing the same thing over and over they will just stop reading. My essay was more generalized and could have been stronger if I focused on one topic and then elaborated on it. My topic for this essay was the psychological impact pop culture has on society today. Rather than focusing on one or two major topic my essay consisted of many topics which I feel was distracting and took away from the strength of the essay. It almost made it seem like I was just throwing topics out there and not taking the time to provide supporting evidence. When transitioning from one paragraph to another I could have used better transition sentences. Some areas that I could improve on are my use of quotes; quotes will allow me to have a stronger essay. Maintaining an academic tone is very important when writing. Rather than saying â€Å"don’t or won’t† I can be more formal and sophisticated by using â€Å"will not or do not†. My essay can use more careful proofreading and less repetition. I need to elaborate on my vocabulary so that I can avoid repetition. I need to avoid generalizations and be more specific in my writing. There are many areas which I can use improvement but by, taking the time to learn from this mistakes I am only making myself a better writer. Analyzing my essays has allowed me to learn what I need to change and improve on which allowed me to improve my writing and develop a stronger essay. Over the past two quarters my most successful essay was my persuasive essay â€Å"Staying Home† and my least successful essay was my informative â€Å"Accept Different†. I’ve learned from my informative essay and applied my knowledge to my persuasive essay then allowing me to create a well-developed, thoughtful, and successful essay. I learned that by reading more literature would expand my vocabulary and allow me to improve the sophistication in my writing. Taking constructive criticism and applying it creating a stronger paper. Overall, by observing and analyzing previous essays it has become clear to me that my writing continues to develop and mature over time.

 Well

  Well-supported belief Essay We acquire knowledge through language, perception reason, and emotion but none of them can give us certainty. Good judgment is finding the right balance between skeptics and open-mindedness. Criteria to determine whether or not a claim is plausible: evidence and coherence.   We should occasionally subject our beliefs to critical scrutiny if we want to be authentic and responsible. Chapter 2: The Nature of Knowledge Introduction   Knowledge might be described as a concept in that it is not exhausted by a short definition and can only be understood through experience and reflection. Starting point in the definition of knowledge = justified true belief. Knowledge as a justified true belief   Truth is independent of what anyone happens to believe is true, and simply believing something is true does not make it true. Even if the majority believes in the fact that something is true, it can still be false.   If you know something, then what you claim to know must not only be true, but you must also believe it to be true.   Belief is a subjective requirement for truth.   Vague belief: a belief with no evidence and readily abandoned with argument. Well-supported belief: Belief supported by some evidence but lacking certainty.   Belief beyond reasonable doubt: Having a firm belief in claims supporting one side while believing the counter argument to be insufficient. Having certainty in the statement.   The important thing is to try to develop as reasonable and well-supported a set of beliefs as possible. Justification   True belief is a sufficient condition and if you believe something while your belief is true, then you can be said to know it. However, your belief must also be justified in the right kind of way. In order to be able to say you know something, you must be able to justify your belief and the justification must be of the right kind.   The key thing that distinguishes acceptable from unacceptable justification seems to be reliability Perception is generally reliable although not infallible.   Whether or not you are justified in saying you know something also depends on context. When you say you know something you are taking responsibility for its being true. Levels of Knowledge   Much of what we claim to know is second-hand knowledge that we have acquired from other people and do not understand in any great detail. Children who ask why? are irritating because they bring to light the superficial nature of our understanding. Knowledge and information   Drilling random facts into someones mind may be good for quiz shows but it does not lead to genuine understanding.   A person with genuine knowledge does not merely have information about it but understands how the carious parts are related to one another to form a meaningful whole.   While you cannot have knowledge without information, an area of knowledge is more than just a heap of information. Acquiring information about something is not enough to understand it, one need to think about the information and how it hangs together.   You can sometimes require knowledge simply by reflecting on the information you already have at your disposal rather than by looking for more information. Second-Hand Knowledge   We are able to know a great deal more about the world than if we had to rely on our resources because we can share our experiences through language.   Rather than reinventing the wheel, culture allows us to make progress by building on the achievements of past generations. Authority worship: Blindly accepting what we are told without thinking about it. Second hand knowledge is also known as knowledge by authority or knowledge by testimony. Among the main sources of such knowledge are: cultural tradition, school, internet, expert opinion, news media. They are not infallible and we should be aware of their limitations. Cultural tradition The culture we grew up in has a strong influence on how we see the world. Cultural tradition embodies the inherited wisdom of the community   Living traditions change and develop over time, we do not have to be restricted by our inheritance in the past. .ue6a4f6bb4bab6669e5a159c373a32ad6 , .ue6a4f6bb4bab6669e5a159c373a32ad6 .postImageUrl , .ue6a4f6bb4bab6669e5a159c373a32ad6 .centered-text-area { min-height: 80px; position: relative; } .ue6a4f6bb4bab6669e5a159c373a32ad6 , .ue6a4f6bb4bab6669e5a159c373a32ad6:hover , .ue6a4f6bb4bab6669e5a159c373a32ad6:visited , .ue6a4f6bb4bab6669e5a159c373a32ad6:active { border:0!important; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .clearfix:after { content: ""; display: table; clear: both; } .ue6a4f6bb4bab6669e5a159c373a32ad6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue6a4f6bb4bab6669e5a159c373a32ad6:active , .ue6a4f6bb4bab6669e5a159c373a32ad6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .centered-text-area { width: 100%; position: relative ; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue6a4f6bb4bab6669e5a159c373a32ad6:hover .ctaButton { background-color: #34495E!important; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue6a4f6bb4bab6669e5a159c373a32ad6 .ue6a4f6bb4bab6669e5a159c373a32ad6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue6a4f6bb4bab6669e5a159c373a32ad6:after { content: ""; display: block; clear: both; } READ: Love Begins With Me EssayWe need to find the balance between respecting traditional thinking and be willing to question them to make progress in knowledge. School   Schools play a key role in the passing of knowledge through generations.   It is impossible to teach everything. School curriculums will be selective and cover a limited range. This raises the question between what should be included in the curriculum and the difference between education and indoctrination. Some argue that the hallmark of a good school is one that encourages you to question things and think for yourself. Internet Advantage: speed and accessibility   Disadvantage: Lack of quality control. It can be a source of not only information but also disinformation. Expert opinion   A consequence of the growth of knowledge in our ciety is that it is no longer possible for a bright person to know everything.   Despite relying on expert opinion, we should keep in mind two things: 1. Experts are fallible and sometimes get it wrong 2. Experts have a limited range of competence. News media   We are all aware that there is some bias in both the selection and presentation of news stories. Bad news: gives people an unduly pessimistic view of the state of the planet, create and sustain a climate of fear.   Extraordinary news: Gradual changes that may have a significance effect on peoples lives tend to get little coverage.   Relevant news: Concerns domestic citizens of the same country.   Most people who follow current affairs choose outlets that reflect their pre-existing prejudices.   We should occasionally select a news outlet that has a different opinion than our own to encourage us to question our assumptions and not take our way of looking at things for granted. The limitations of second-hand knowledge   Second hand knowledge can never be an original source of knowledge.   Authority is not an original source of knowledge, our knowledge claims must ultimately be justified by perception, reason and intuition.   Problems can arise if you rely only on judgment to determine the truth.   Talking to people with different opinions may help us to improve our self-knowledge and develop a more balanced picture of the world Conclusion   The difference between knowledge and belief is one of degree rather than kind.   It consists of more than a jumble of isolated facts. In order to gain a deeper understanding of an area of knowledge, you need a mixture of details and context. If you are never willing to test your ideas against those of other people, you may end up with a distorted and fantasy-ridden picture of the world. Chapter 3: Language Introduction   Language is something that completely surrounds us that we rarely think about yet it has a central function in our lives.   We use language to describe things, express our feelings, persuade people, tell jokes, write literature, and speculate about the meaning of life. It is one of the main ways in which we acquire knowledge about the world.   Language is not a perfect medium of communication. Ex. Difference in comprehension between individuals.   Language is sometimes used to deliberately deceive and manipulate people. What is language? 1. Language is rule-governed 2. Language is intended 3. Language is creative and open-ended. Language is rule-governed Grammar gives the rules for how to combine words in the correct order and determines the meaning of a sentence.   Vocabulary is also governed by arbitrary rules. For communication to work, it does not matter what we correlate the objects with, so long as there is general agreement within the community. Language is intended   A key thing that distinguishes the subset of communication that is language from other forms of communication is that the former is intended and the latter is not.   There are situations where information is communicated but one would describe it as language. Language is creative and open-ended   Rules of grammar and vocabulary allow us to create and understand sentences that have never been written or said before. .uc88bb3f0330e5fd5952f63bff35bdf40 , .uc88bb3f0330e5fd5952f63bff35bdf40 .postImageUrl , .uc88bb3f0330e5fd5952f63bff35bdf40 .centered-text-area { min-height: 80px; position: relative; } .uc88bb3f0330e5fd5952f63bff35bdf40 , .uc88bb3f0330e5fd5952f63bff35bdf40:hover , .uc88bb3f0330e5fd5952f63bff35bdf40:visited , .uc88bb3f0330e5fd5952f63bff35bdf40:active { border:0!important; } .uc88bb3f0330e5fd5952f63bff35bdf40 .clearfix:after { content: ""; display: table; clear: both; } .uc88bb3f0330e5fd5952f63bff35bdf40 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc88bb3f0330e5fd5952f63bff35bdf40:active , .uc88bb3f0330e5fd5952f63bff35bdf40:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc88bb3f0330e5fd5952f63bff35bdf40 .centered-text-area { width: 100%; position: relative ; } .uc88bb3f0330e5fd5952f63bff35bdf40 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc88bb3f0330e5fd5952f63bff35bdf40 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc88bb3f0330e5fd5952f63bff35bdf40 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc88bb3f0330e5fd5952f63bff35bdf40:hover .ctaButton { background-color: #34495E!important; } .uc88bb3f0330e5fd5952f63bff35bdf40 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc88bb3f0330e5fd5952f63bff35bdf40 .uc88bb3f0330e5fd5952f63bff35bdf40-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc88bb3f0330e5fd5952f63bff35bdf40:after { content: ""; display: block; clear: both; } READ: Mergers And Acquisitions Of Nestle Accounting EssayLanguages are not static entities but change and develop over time, new words can be invented or can be borrowed from one another.   Although we usually associate language with meaningful sounds, it could in principle express itself in any medium. The problem of meaning   We need to be clear about the meanings of words if we are to understand the information that is being communicated.   If you do not know what the key words are in a passage, you will not understand it.   You must know what a sentence means before you can decide whether it is true or false.

Stop this Monster that Stops at Nothing Essay Example

Stop this Monster that Stops at Nothing Paper In 1 941, the American government NT created a poster to appeal to young working class Americans . It depicted two political leaders, Germanys Doll Hitler and Japans Hided Togo, from the Axis Alliance (a triumvirate of fascist political leaders from Germany, Italy and Japan), as a mutated conjoined moon steer. They are attacking the iconic Statue of Liberty and below, a golden spanner is shown, b earning the word Production on its side. Underneath the image, text declares: Stop this moons term that stops at nothing. PRODUCE to the limit! and in red writing, This is YOUR War! In the is poster, the U. S government used rhetorical and emotive language to evoke strong attitude sees from the audience towards the message given, with bias perspectives and written attach KS on the opposing sides to create a subjugated perspective for the American audience. This poster IS an example of their efforts of trying to recruit workers back into factories. In d ongoing so, the American government ha ve henceforth created a propaganda text that iconic once, and also reinforces the audiences, values and attitudes which is what a propaganda pop term is meant to do. As Hiram Johnson, US senator said in 1917, The first casualty in war is truth. The US government, as propagandists, have use rhetorical language within the e poster to evoke responses from the wartime American audience on an emotional level. Rhetorical language is one of the most powerful propaganda techniques as it resonates audiences with past experiences that reinforce or subvert their attitudes upon the idea given by a propaganda text. In this case the opposition, the Axis Alliance, are being name called, and babbled as a Monster. Along with the visual aesthetics of the supposed monster, it automat tactical creates a negative idea for the audience. It further more represents what attitudes were e developed of the two leaders pictured. Americas previous involvement in the Second World d War consisted of trading, and staying fairly neutral in international relations. It was not until they got bombed by the Japanese at Hawaiis pearl Harbor that they began to fight. They join d the Allies the opposition of the Axis solely with the motive of revenge against Japan. We will write a custom essay sample on Stop this Monster that Stops at Nothing specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Stop this Monster that Stops at Nothing specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Stop this Monster that Stops at Nothing specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A America had already been economically damaged by the Great Depression, and the nation needed convincing to fight for their country once more. Posters such as these were re leased to scare citizens into helping for the war effort. In this case, a literal nightmare was use d as the face of the opposition. The audience will see this, be filled with disgust and want to b anis the Monster, and furthermore create connotations with deeper meanings relate Eng to their own personal context. This evokes responses on an emotional level for an audience CE as they feel like it is their duty to help. By using rhetorical language and reinforcing their a attitudes, wartime Americans would usually be attracted to this poster, and its meaning, which I s what a propaganda poster aims to accomplish. This poster, as with many other propaganda texts, present bias ideas upon the e messages that they are going for and against. A bias perspective is a onside presentation of a view or an opinion that strives in influencing the audience by intentionally only providing one side of the argument. This poster is a strong example of how the United States frequently used this technique, as in no way the motivation of any opposing forces presented. The poster is o stating to the audience that there is a monster that needs to be stopped. It d goes not mention the context of the attacking threat, or why they are attacking, so the audience are left uninformed and bewildered. Americans had not received enough information about the war to construct an opposing argument, biased posters were, as a result, one of thee r primary sources of information on the war. Audiences of this text will therefore see HTH s as the only argument, and only way to see, their countrys involvement in the war, abolish hint any further arguments that could be made against the higher powers of America and thee r strive into what needs to be done. Biased attitudes being cast upon an audience will result in I ace of understanding when it comes to events surrounding the message being pres ended. In this case, the minimal information provided will result in a misinterpretation of the e Second World War, as well as what is the productive method to defeat the enemy.