Islamic Arabia Essay Example for Free

Islamic Arabia Essay Signs of Islam using the Koran as the foundations of its life and values being more accepting of women whether they are married or single are easier to see than in Christianity that made use of the Bible as the basis of its spiritual teachings. Accommodations in Islam which means accepting women as people of sacred, substantial, cultural, social and moral worth began its call even before pre-Islamic Arabia (Smith 52). Increasingly, however, Christians are turning women into little more than just sex objects. Many other societies have actually demoted women with two pieces of skimpy cloth walking down the ramp, viewed on tubes for global audience use, drowning the usual human values, robbed of natural human distinction. The core of a woman is being destroyed by the image of being just sex objects. Mankind should remember that the origin of all is just one pair. Eve’s progeny reminds mankind to be grateful for her willingness to be the mother of the first children earth ever had and the generations later should be proud of the founding of humankind. Femininity is a tribute to society. Childbearing honors women who bear a child in her womb for nine long months, who goes through the pains of giving birth, and the burden of breastfeeding. Being a woman and a capable mother have great societal significance to Muslims, recognizing and accepting women’s role. There are two top religions in the world today that is reaping much awareness and credit. The 1st is Islam, which is the cult of those who believe in Muhammad as a messenger of God, differing according to culture, and Christian religion, the cult of those who believe in Jesus Christ the son of Mary, modified according to culture,. Though Muhammad and Jesus Christ have both been influenced by some patriarchal views (Fiorenza 316), they have also in many ways differing concepts about women in their respective time and society. Like, in one occasion when it came to the knowledge of Muhammad that a couple committed adultery, he ordered them to be stoned to death right in front of his mosque (Mishkat 267), on the other hand when Jesus received the report from a witnessed a woman committing adultery, and so she must be penalized according to Jewish law, Jesus said sternly, â€Å"Let him who is without sin among you throw the first stone at her†, discarding double standard of morality (John 122). However, in his personal affairs Muhammad advised his men to treat their women with kindness (Al-Bukhari   80). Today, long time after Jesus and Muhammad, these values have so much evolved as intellectual education intensifies bringing about much understanding of human nature and modifications to a changing ecosystem. It can not be denied however that there still exist varying scales as to acceptability of women in Islam or in Christianity. Accepting of women in society is relative when looked upon the perspective of Islam after the time of Muhammad as against those of the Christians after the time of Jesus without neglecting cultural values. In Islam women were raised on a pedestal over 1, 400 years ago (Jumuah 62), when Muhammad directed his followers to regard women with compassion (Al-Bukhari 1, 55, 62, 80). They were acknowledge   to be the sisters of men, bestowing rights: to education up to the highest intensity, the right to decide on their marriage partner, the right to end an unhappy marriage, the right to inheritance, and the rights of a full citizen of a state (Jumuah 62), though, cultural differences still exist. While Christianity is more liberal, it leaves women to find its own level in the strata of society (Luke 81). Christian codes do not specify and provide rights for women. Christians adopts rights for women founded by men as cultural dictates (Fiorenza 1083) incorporated in individual state and governmental laws, which changes from time to time as revised to suit a presumed social need (Luke 89). Islam considers that men and women are at par when it comes to value as pieces and parts of humanity (Jumuah 63), but, these changes from customs to ethnicity. A man can not be victorious in his life without a woman. Their rights and tasks crossover and balance their totality because their roles are harmonizing and shared, although their duties might clash in certain areas of life in accordance with their basic physical and psychological disparity, where each is equally liable for their actual tasks (Jumuah 63), according to culture. Not one sex is either better or lesser than the other in any way, depending upon the Muslim culture where one belongs. There are however those who practice primarily according to their culture, which is not definitely a teaching of Islam according to its advocates, because culture does not crossover nor influence the Islamic code which is likewise the Qur’an, since the Qur’an is all embracing and above anyone’s culture. They oppress women which is simply a reflection of local customs that are definitely inconsistent and contrary to the teachings of Islam (Jumuah 62). Not only material and physical rights are given to women. They have also the right to be treated with kindness and consideration because it is provided for in the Qur’an. Under Islamic law the following provisions are given to women: when a Muslim woman marries she does not lose her maiden name in place of her husband (Jumuah 63). She has the right to keep her identity. She is given a gift by her husband to be, prior to their marriage which is also called a dowry (Ali 759). It is a personal gift that is at her disposal or which she can spend to buy properties, invest on whatever she feels she must without the influence of anyone from her family (Ali 759). The man must provide for the needs of his wife and the family even if she has the money of her own (Ali 759). She is not in any way obligated to spend anything for the family, which relieves the woman from the burden of earning a living. She however has the option to work if she finds it necessary. As the family is similar to any systematic organization, leadership is bestowed upon men. The Qur’an Clearly states that the husband is to some degree higher than the wife being the leader and guardian of the family. This does not in any way presume a right nor a license to be the tyrant of the household. It is rather the complete responsibility of the husband to care for the family (Jumuah 63). Karen Armstrong in a biography said, the emancipation of women was dear to the Prophets heart, describing: women were treated inferiorly with no rights like slaves in pre-Islamic time, but Muhammad allowed them to stand as witnesses and gave them the right to inheritance (Armstrong 191). The concept of women’s dress is of Islamic moral, social and legal values. By their observance of proper dress code, men and women alike protect their honor and reputation in a society contributing to it largely along peace and order. It is also A Qur’anic revelation While Jesus did not marry, Muhammad had several wives after Khadija his first wife, for different reasons such as: widows who needs provisions (Ali 53), widows with orphans who needs a fatherly attention (Ali 129), literacy of a woman, wealth of a woman, the widow being the wife of the enemy (Ali 129), political alliances and as a virgin wife like Aisha (Mishkat 3:13). A woman has four reasons to marry: wealth, family status, beauty and religion (Al-Bukhari 16, 32). Divorces were allowed even before pre-Isalmic times (Smith 52), while it was only a male prerogative in the Jewish law (Deuteronomy 176). But, Jesus made it irrevocable (Mark 56). Jesus helped women, honored them like the hunchback, one he called daughter of Abraham after she was healed from illness (Luke 93), and praised another for anointing him with oil (Mark 62). Jesus parables showed his compassion for women (Matthew 34).

How Nature Can Provide Sustainable Building Solutions

How Nature Can Provide Sustainable Building Solutions Contents (Jump to) Chapter 1: Introduction Section 1.1: Overview of the dissertation Section 1.2: The need for sustainable building solutions Section 1.3: Underlying principles and mechanisms Chapter 2:   Solutions from Nature Section 2.1: Wind-induced ventilation of the burrow of the prairie dog, Cynomys ludovicianus Section 2.2: Other notable investigations Chapter 3: Examples of Buildings that incorporate sustainable features derived from natural examples Chapter 4: Conclusions References Bibliography Chapter 1: Introduction Section 1.1: Overview of the dissertation This dissertation will focus on looking at how Nature can provide sustainable building solutions, in particular for wind-induced natural ventilation systems. The first part of the dissertation will look at the need for sustainable building solutions, in terms of the damage that has been, and continues to be, wrought on the Earth’s natural systems, and the possible solutions that can be found by studying how Nature has developed solutions to the problems of ventilations in burrows, and the need for gas exchange. The fact that Nature has produced these solutions is discussed as an event occurring over evolutionary time, through the process of natural selection. Subsequent sections of the dissertation discuss the physical principles that have been mastered by the process of evolution, such as the Bernoulli Principle and the Venturi effect, which has led to the appropriate, sustainable, solutions that are found in Nature. These principles are discussed in detail in Chapter 2, in terms of their appearance in natural systems: the burrows of the black-tailed prairie dog, Cynomys ludovicianus, the complex burrow and cone system of the mud shrimp Callianassa truncata and the burrow-mound system of the goby Valencennea longippinis which allows for increased gas exchange to the developing eggs in the burrow. The three examples are discussed in detail, in terms of the relevant literature and experimental studies that have been performed to determine how and why the animals produce such structures. Chapter 3 presents some examples of buildings that have applied solutions found from Nature to provide sustainable living spaces. Examples include, amongst others, several buildings designed by Eugene Tsui, such as the residence of Florence and William Tsui in Berkeley, California, the Watsu School at Harbin Hot Springs, the Exposition Building for the International Celebration of Innovation and the Tsui Design and Research Inc. Headquarters in Emeryville, California, and the the Kanak Cultural Centre in Noumea, New Caledonia designed by Renzo Piano. The dissertation concludes with Chapter 4, which presents some concluding remarks, concerning the fruitfulness of looking to Nature for ideas for sustainable building, for looking to Nature can prove a valuable exercise, for as Tsui, one of the great contemporary ‘organic’ architects states in his book Evolutionary Architecture: Nature as a Basis for Design, â€Å"Every great discovery that has marked the upward surge of humanity has been an insight into some profound aspect of natural phenomena. Every tool, every medicinal remedy, every scientific venture, every exploration of the physical and psychological world is a glimpse of the ineffable mind of nature a mind that has no beginning, no end, no dimension and no parameters; a mind that is compelled to create, produce, evolve, differentiate and regenerate with such perfection and thoroughness as to be the model for every human endeavour†. Section 1.2: The need for sustainable building solutions Mankind is slowly killing the Earth and its natural systems. We are living with unacceptable levels of carbon dioxide in the atmosphere, which is leading to increases in the greenhouse effect and widespread climate changes across the globe. These climate changes are causing problems for many systems, amongst them agriculture, making it much more difficult for those in sub-Saharan Africa, for example which is increasingly affected by drought and erratic rainfall patterns to be self-sufficient in terms of being able to grow enough crops to survive. Other experts predict changes in the circulation of ocean currents due to global warming, which is leading to a melting ice reserves and glaciers and causing far greater volumes of water to enter the ocean circulatory systems. Shifts in the circulation of ocean currents could have grave consequences for mankind. In addition to the problems created by increases in atmospheric carbon dioxide, pollution of the Earth’s water system has occurred on a massive scale, with experts predicting potential future problems with supplies of non-polluted water that is suitable for human use. The Earth, the blue planet, full of water and previously perfectly balanced, is facing unprecedented onslaughts to its vital systems, due to the excessive, wasteful and polluting habits of mankind. What can be done about this? It is fundamental that legislation be put in place now to preserve the Earth and its systems, and that we begin to act, individually and collectively, to save the Earth and its resources that are of fundamental value to us. Sustainability is a fundamental concern for all of humankind, as the population of the Earth begin to realise that we only have one Earth and that it needs to be looked after. By listening more closely to, and taking lessons from, the Earth and the inhabitants we share the Earth with, we can begin to live much more harmoniously and in concert with not antagonistically with the Earth and its inhabitants. The construction, use and maintenance of buildings contributes significantly to adverse environmental impacts, such as carbon dioxide production, something that will only get worse as the population increases and the need for housing grows. Many recent regulations and conventions have already been put in place to ensure that sustainable building principles become the norm in future; for example, a recent convention has been signed to reduce the discharge of hazardous chemicals to zero by 2020, and, documents such as the 1999 policy document entitled A better quality of life – a strategy for sustainable development for the United Kingdom, provide targets for sustainability within the construction industry. As many contemporary architects realize, nature itself is fully harmonious, with all of its parts working in harmony with each other, from species interacting but co-existing in a habitat, on a small scale, to on a larger scale the ocean circulation systems working in harmony to deliver nourishing currents across the globe. This harmony has been violated by the actions of mankind, and, through mankind not recognizing and respecting this harmony, we have arrived at the situation we are in with the Earth and its systems and inhabitants being exposed to very real threats. It is perhaps time that architects begin to study Nature and her solutions in order to arrive at sustainable building solutions. As Tsui, one of the great contemporary ‘organic’ architects states in his book Evolutionary Architecture: Nature as a Basis for Design, â€Å"Every great discovery that has marked the upward surge of humanity has been an insight into some profound aspect of natural phenomena. Every tool, every medicinal remedy, every scientific venture, every exploration of the physical and psychological world is a glimpse of the ineffable mind of nature a mind that has no beginning, no end, no dimension and no parameters; a mind that is compelled to create, produce, evolve, differentiate and regenerate with such perfection and thoroughness as to be the model for every human endeavour†. Looking at the natural world for inspiration can be a valuable exercise. Subsequent sections of the dissertation will look at specific examples of wind-induced ventilation, from the black-tailed prairie dog, the mud shrimp and the goby. These examples will show how each of these animals has adapted their immediate environment fully in harmony to the immediate environment, to the benefit of themselves and to their wider community. The ideas of organic, or ‘evolutiionary’ architects, such as Tsui, are based on similar principles, that architects should start, on a wide scale, to look to nature for sustainable building solutions. Looking to Nature for answers to building problems should, argues, Tsui (1999) become part of an architects repertoire. As Tsui (1999) argues, Nature is not driven by ambition, it has no preconceptions, no concept of style, and her evolution has been through small patient incremental steps, only allowing the ‘correct’ ones to persist, where ‘correct’ means the solution that is most fitting for the particular situation, the solution that is sustainable, to allow in-situ permanence. As energy consumption and the by products from air conditioning are amongst the most significant contributors to the destruction of the Earth’s systems, the subject of this dissertation is to look for natural examples of wind-induced ventilation systems that could, potentially, be incorporated in practical solutions for the construction industry, in terms of finding sustainable building solutions. Although it is understood that understanding the mechanics of natures microclimate control will not provide any quick-fix solutions to cooling buildings, these natural examples achieve equilibrium with their surroundings that is far beyond the reach of mankind at this time and, as such, by studying these systems, they can be learnt from and their novelties applied in design and building practice. Looking to natural examples of wind-induced ventilation will, therefore, potentially provide solutions to heavily polluting air conditioning systems. Section 1.3: Underlying principles and mechanisms Many animals need to live in burrows or to produce burrows for protection from the elements, for example, or for protection from predation. As shall be seen in later sections of the dissertation, the need for such burrows means that some elegant solutions to the problems such burrows present (such as a lack of ventilation) have been reached, as in the case of the black-tailed prairie dog, and that the burrows themselves can create favourable micro-environments and favourable conditions for the larger habitat, as in the case of the complex burrow and cone systems of the mud shrimp. An implicit understanding, and mastery, of physical principles of nature has been built up by these species over evolutionary time. This section of the dissertation will discuss some of these physical principles, including the Bernoulli principle, the Venturi effect and the Venturi tube. The Bernoulli Principle states that â€Å"for an ideal fluid, with no work being performed on the fluid, an increase in velocity occurs simultaneously with a decrease in pressure or a change in the fluid’s gravitational potential energy†. Essentially, fluid particles are only subject to pressure and their own weight, meaning that within a flowing fluid, the highest speed occurs when the pressure is lowest and the lowest speed occurs when the pressure if highest, with Bernoulli’s equation stating that the sum of all forms of energy in a fluid flowing across a streamline is the same at any two points along the path. Bernoulli’s Principle explains how water drains from a bowl in a circular pattern around the axis of the drain and also explains how one feels pulled towards large vehicles if they pass by you at high speed. The Venturi effect is a specific example of the more general Bernoulli Principle, which explains how fluids can pass through a region of incompressible flow through a tube with a constriction in it, in which situation the velocity of the fluid increases through the restriction and the pressure decreases in order to satisfy the equation of continuity and to ensure the flowing of the fluid through the constricted space. It is on this principle, for example, that the burrows of the black-tailed prairie dog is thought to work, as shall be seen in Section 2.1 of the dissertation, with the volcano device for air acceleration being applicable to underground structures of every kind. A series of venting volcanoes could be aligned with underground rooms containing air-exiting vents to produce individually vented spaces. This phenomenon can be employed and rising warm air can be directed out exiting vents, as in the burrows of the prairie dog dwelling. It is thought that, by using the prairie dog system, air can be interchanged at a rate of 2550 cubic feet per minute with no utility power (Tsui 1999). The prairie dog mounds and volcanoes have been likened to a half Venturi tube where a Venturi tube is used to determine the flow-rate of fluids or air through a pipe. The Venturi tube has a specialized streamlined constriction that minimizes the energy losses in the fluid flowing through it and which, thus, maximizes the fall in pressure in the constriction in line with Bernoulli’s principle. These principles will be discussed in further detail in Chapter 2, in terms of their appearance in natural systems: the burrows of the black-tailed prairie dog, Cynomys ludovicianus, the complex burrow and cone system of the mud shrimp Callianassa truncata and the burrow-mound system of the goby Valencennea longippinis which allows for increased gas exchange to the developing eggs in the burrow. Chapter 2: Solutions from Nature Section 2.1: Wind-induced ventilation of the burrow of the prairie dog, Cynomys ludovicianus The black-tailed prairie dog, Cynomys ludovicianus, is a ground-dwelling squirrel, one of four prairie dog species to be found uniquely in North America. Black-tailed prairie dogs live in colonies, which are generally established in cattle-grazed areas, as the prairie dogs prefer the vegetation surrounding their burrows to be short, so they can keep an eye out for predators. The black-tailed prairie dogs live in burrows, with one principle tunnel and, depending on the size of the colony, various numbers of side chambers that act as overnight housing for the prairie dogs. Unfortunately, as with many other native species, habitat destruction is causing a drastic reduction in the number of black-tailed prairie dogs (Hoffman, 1999), with conservation efforts currently underway to stabilize the population numbers of the black-tailed prairie dog (see, for example, Andelt, 1988). As Vogel et al. (1973) argue, where a fluid flows across a surface for example wind over the earth – a velocity gradient is created which provides a potential source of work. This gradient might, for example, be employed by a burrowing animal to induce air-flow in its burrow, which is long and narrow to avoid the obvious risks presented by predators. The burrow of the black-tailed prairie dog, long and narrow as it is, being, on average, 12cm in diameter and 10-30m in length (Cincotta, 1989), presents what Vogel et al. (1973) term, â€Å"a respiratory dead-space of extraordinary magnitude in which diffusion is inadequate, alone, for gas exchange†. For this reason, the black-tailed prairie dog has evolved a system of burrowing which creates a system of wind-induced ventilation within the burrow. The burrow of the black-tailed prairie dog has an opening at both ends and mounds of earth at each end, of different sizes at each end, one taller than the other, and each mound being up to 1m in height and 2.5m in diameter (Cincotta, 1989). When a breeze hits the mounds, air enters the burrow through the lower mound and leaves through the end with the higher mound. This system of wind flow has been independently verified in wind tunnel experiments, with wind-flow within the burrow being a linear function of wind flow across the mounds. Interestingly, not only has the burrowing system of the black-tailed prairie dog been found to be an excellent example of wind-induced ventilation directly from nature, but the architecture of the burrows of the black-tailed prairie dogs encourages increased species diversity of arthropods (Bangert and Slobodchikoff, 2006). Later work (Cincotta, 1989) found that adequate airflow through the burrow can be generated with only one mound, and the presence of the second mound has been explained by various hypotheses, such as the prevention of predation (through its use as a look-out post), or the prevention of flooding. Cincotta (1989) argues that the two mounds (which are usually found shaped one as a dome and one as a crater) actually represent functionally identical structures that have simply been built under different constraints in transport costs (i.e., different costs of energy). Thus, the ventilation model of Vogel et al. (1973) does not, concludes Cincotta (1989) provide a fully adequate model of the observed mound construction, and including energetic parsimony within the equation explains why the prairie dogs build the two mounds (i.e., although only one mound is needed for the wind-induced ventilation system to work, it is an energy-saving measure, in such a long burrow, to remove earth from both ends of the burrow). Similarly to how supplemented straw is used to stabilize the soils used in adobe brick construction, the mounds of the black-tailed prairie dogs are stabilized with plant fibers found in the topsoil near the entrances to the burrows (McHenry and May, 1984). Using plant fibres in mixture with the excavated soils allows the black-tailed prairie dogs to build vertically and to use less energy (as less excavated soil is needed), replicating similar energy-saving practices in building adobe brick buildings (Boudreau, 1971). Section 2.2: Other notable investigations Nature has provided engineers and architects with many examples of sustainable technologies. Animals do not have to resort to damaging the environment to be able to survive within their habitat; they fit, harmoniously, within that habitat, in balance with the physical conditions and with the other species that share the same habitat. This section will discuss some other examples, from nature, of how animals have evolved to cope with their surroundings in an optimal manner. The mud shrimp, Callianassa truncata, has been studied in the Tyrrhenian Sea and has been found to produce complex cones and burrow systems which affect the physical structure of the sea bed, and, concomitantly, the chemical zonations and the exchange processes across the sediment-water interface (Ziebis et al., 1996a; Boudreau, 1994). The mud shrimp builds these cones, therefore, to modify their immediate micro-environment by forming chemical links between the sea and the sediment. Adjacent to each cone is a shallow depression which acts to funnel water in to the cone system, and which means that oxygen, instead of penetrating only a few millimeters in to the sea bed, actually penetrates more than 50cm down, allowing oxygen-breathing animals to live in the holes (Ziebis et al., 1996a). The cones that are built by the mud shrimps are outlets for the tunnels, re-routing ammonia from buried sediment to the water above; this ammonia flow helps to nourish the sea water, providing more nourishment for phytoplankton, for example, and so the entire food chain benefits from the cone-building of the mud shrimp (Ziebis et al., 1996a). Similarly to how the complex architecture of the black-tailed prairie dogs provides opportunities for increased species diversity, the cone-building habits of the mud shrimp provides greater nourishment for those species that share its habitat. As Ziebis (1996a) herself stated, â€Å"it is a source of wonder that these relatively small animals can build such complex burrow structures and complex architecture†. Zeibis et al. (1996b) concluded, therefore, that the complex cone and burrow systems of the mud shrimp alters the small-scale flow regime, altering the shrimps own micro-habitat whilst also providing benefits to the wider community, so much so that it was concluded that, â€Å"the high spatial and temporal variability of oxygen distribution in a coastal sea bed depends on sediment surface topography (as formed by Callianassa truncata)† and the concomitant changes in boundary layer flow velocity and sediment permeability. Takegaki and Nakazono (2000) examined the role of the mounds in promoting water exchange in the egg tendering burrows of the goby Valencennea longippinis. Valencennea longippinis spawns in burrows and after spawning, the female constructs a mound on top of the burrow by piling up materials derived from the substratum. Experiments by Takegaki and Nakazono (2000) showed that the mounds promote water-exchange in the burrow allowing the exchange of oxygenated sea water to the developing gobies within the burrow, with dissolved oxygen concentrations being much higher in burrows with a mound than in burrows without a mound. The construction of a mound on top of the developing eggs thus not only protects the eggs from potential predators but also has an important role to play in delivering oxygen to the developing gobies within the burrow. These are but two further examples of how nature has evolved practical, sustainable, solutions to the problems presented by the immediate environment. The solutions formed can be extremely useful to engineers and architects who are wanting to design buildings on sustainable principles. As Thomas Herzog states in his book Architectural Designs Green Questionnaire, â€Å"In general I do not think that architecture can be deduced immediately from nature, since the design process and functions of our buildings are quite different from what is found in most plants and animals. Nevertheless, there are a lot of lessons to be learnt from nature, especially with regards to the efficiency, performance, adaptability, variety and tremendous beauty which most organisms display under close observation. Considering that nature has to obey the same physical laws as man-made objects this should be seen as very encouraging for us, making it well worthwhile to study its principles and mechanisms†. Chapter 3: Examples of Buildings that incorporate sustainable features derived from natural examples This Chapter presents some examples of buildings that have applied solutions found from Nature to provide sustainable living spaces. Examples include, amongst others, several buildings designed by Eugene Tsui, such as the residence of Florence and William Tsui in Berkeley, California, the Watsu School at Harbin Hot Springs, the Exposition Building for the International Celebration of Innovation and the Tsui Design and Research Inc. Headquarters in Emeryville, California, and the the Kanak Cultural Centre in Noumea, New Caledonia designed by Renzo Piano. The residence of Florence and William Tsui in Berkeley, California, designed by Eugene Tsui, is based, in its entirety on the tardigrade, which is known to be one of the world’s ‘most durable’ animals and which has systems inbuilt to ensure protection against flooding, fire and termite attack, amongst other things (Tsui, 2007). The house is fitted with a solar heating system and with a natural ventilation system that keeps it cool in summer and warm in the cooler months (Tsui, 2007). The house is, essentially, a living system that is capable of actively responding to any external conditions, with water systems in place that are designed to provide cooling and heating and which were based on the capillary structures of dinosaur species which allowed dinosaurs to regulate their own body temperatures (Tsui, 2007). The Florence and William Tsui residence is a notable application of the Bernoulli Principle, as it employs the Bernoulli effect in adjustable vents, which not only draw in fresh air, without the requirement for mechanical power, but also provide natural light and claimed to be inexpensive to apply (Tsui, 2007). Nostril windows pull out from the wall to let air in, using the Bernoulli effect, where air is sucked in through the open shaft and through the screened tube, which lets air in and keeps insects out. (Tsui, 2007) Tsui notes in his book Evolutionary Architecture, Nature as a Basis for Design that this facet of the design of this building was inspired by such natural examples as the prairie dog burrows. Also designed by Eugene Tsui, the Watsu School at Harbin Hot Springs is, again, a totally sustainable building, with solar-powered panels and movements of cold water around the building allowing for the natural ventilation of the building. The spherical shape of the buildings also allows for wind flow to cool the buildings, as a whole. The Tsui Design and Research Inc. Headquarters in Emeryville, California, another Eugene Tsui design, is also a totally sustainable building, incorporating natural ventilation systems based on the prairie dog burrows; the building is totally self-sufficient and uses plant life for interior temperature control, with a retractable roof allowing for the entrance of cool air, if necessary. Water is collected from the roof and used for all of the buildings needs; the integrated water system is seen, by Eugene Tsui, as an example of architecture as a living organism. Another architect whose interest lies in evolutionary, or, better, ‘organic’ architecture is Renzo Piano who designed the Kanak Cultural Centre in Noumea, New Caledonia. This building is a synthesis of nature and technology, reflecting the Kanak people’s understanding of the harmony of life and of Nature. As Piano states, â€Å" (I wanted)†¦an architecture that genuinely expresses itself between the assertion of the old, reliable values and the exploration of the new in the spirit of time† (Young, 2007). Piano’s aim for the building was to present an architectural masterpiece based on â€Å"finding the gestait† of the Kanak people and the site, through a full understanding of the Kanak people, their history and cultural traditions (Young, 2007). Aside from showing cultural respect in the design and form of designing this building, and thus fitting in to its intended environment well, the Kanak Cultural Centre in Noumea, New Caledonia also shows a wide range of natural ventilation systems. The faà §ade of the building is a double skin which provides a large air space between the woodwork and the galleries, forming a stack effect which, during the day, means hot air rises out of the space while cool air is drawn in to replace it; the cooler air then passes around the building at lower elevations, flowing out towards the lagoon at the side of the building (Young, 2007); in this way, the building ‘breathes’ with its environment, as a function of the environment in which it sits. Skylights set in the roof of the building allow for the entry of cool air, as necessary, and the interaction of all these ventilation systems allows the building to â€Å"find a continuous balance with Nature† (Young, 2007). Examples such as these buildings, and others that could be mentioned, show how it is possible to study Nature and to study the solutions provided by the process of natural selection over many generations, to enlighten sustainable building projects. That buildings can be built, for only slightly more cost than non-sustainable buildings, to act in harmony with Nature and to produce architecture that acts as a living organism is a beautiful vision. This vision of Tsui’s, as presented in his book Evolutionary Architecture, Nature as a Basis for Design, and in his many other writings, speeches and in his designs for, and his actual buildings is a beautiful vision, of mankind being given the ability to live in concert, not antagonistically with, Nature. As has to be realized, however, whilst Nature can be used as inspiration, the implications of scale need to be considered, in terms of the fact that solutions from Nature cannot simply be scaled-up in order to suit the particular needs of the built environment. The solutions need to be tailored, according to the particular situation, within the particular knowledge of the architect, as the implications of scale have a significant impact on the actual design of a building. Due to the implications of scale, solutions from Nature can never be directly copied, but need to be adapted as necessary to the particular situation in hand. The Bernoulli Principle and the Venturi effect can, however, when implemented successfully, be used to great effect in terms of producing architecture that is at once beautiful and fully at harmony with Nature, as a ‘living organism’ as in Tsui’s vision of evolutionary architecture. Chapter 4: Conclusions Green Architecture is the major architectural movement of our time. As has been seen, the ecological damage caused by buildings (through their heating and air conditioning systems, for example, or their use of unsustainable materials) can be recorded in real figures, in terms of the amount of carbon dioxide a building produces in terms of how much a building contributes to global warming. As has been seen, there are many pressures on architects, and on the construction industry as a whole, to produce sustainable buildings. This will only continue to increase in the future and so architects, such as Eugene Tsui, with their visions of buildings as living organisms, living and breathing in harmony with their environment are not so far-fetched. Mankind has become detached from his surroundings, and this detachment has meant that the Earth, and its natural systems have been abused, almost to the point of no return. As has been shown in this dissertation, the process of natural selection h as led animals to find, over evolutionary time, sustainable solutions to problems that the environment presents to them. Evolutionary architecture, as Tsui labels his brand of architecture, is an attempt to recreate this harmony and to offer to mankind a different vision of the built world. Studying natural phenomena, such as the burrows of the black-tailed prairie dog, Cynomys ludovicianus, the complex burrow and cone system of the mud shrimp Callianassa truncata and the burrow-mound system of the goby Valencennea longippinis which allows for increased gas exchange to the developing eggs in the burrow, as has been conducted in this dissertation allows architects to ‘think outside the box’ and to find alternative solutions to designing in a sustainable manner. This dissertation has aimed to show how looking to Nature can provide sustainable building solutions, using the particular example of wind-induced natural ventilation. That many of the natural solutions to this problem have been successfully incorporated in to many buildings, as discussed in Chapter 3 (i.e., the residence of Florence and William Tsui in Berkeley, California, the Watsu School at Harbin Hot Springs, the Exposition Building for the International Celebration of Innovation and the Tsui Des ign and Research Inc. Headquarters in Emeryville, California, and the the Kanak Cultural Centre in Noumea, New Caledonia designed by Renzo Piano), shows that the idea of adapting solutions from Nature is workable, if only we can take

Background of Karl Marx :: Essays Papers

Background of Karl Marx Karl Marx may be regarded as one of the most influential thinkers of all time. His revolutionary ideas about the power of the working class gained him a large following in his own time. Europe had a very overpowering upper class, and a very poor, oppressed working class. Many working class people were willing and eager to listen to Marx’s message of the power that could come about if the working class were to unite as one and fight for a single cause. Marxism has greatly influenced the development of socialist thought and practice in government. Many scholars consider Karl Marx to be one of the great economic theorists, and a founder of an economic policy and sociology.1 Karl Marx was born in the city of Trier, in Rheinish Prussia, on May 5, 1818. His family was Jewish, but they later converted to become Protestants in 1824. Marx’s father was a lawyer, and his family was part of the upper class.2 The years 1830 and 1831 were revolutionary years, and in 1830 a revolution began in France. It swept all over Europe, and Russia and had a big influence on Marx’s life. His youth was marked by two big events, The Industrial Revolution in England, and the Great Revolution in France.3 In October of 1830 Marx went to Trier Gymnasium for high school. After graduation Marx entered into the university, first at Bonn, then transferred to Berlin, and later transferred to Jena. While in school he read law, majoring in history and philosophy. However, his interest in philosophy turned him away from law, and in 1841 he earned a doctorate at Jena, writing on the materialism and atheism of Greek atomists.4 In 1841 the Rheinische Zeitung was founded at Cologne, Germany. Marx used it to criticize the deliberations of the Rhine Province Assembly. His articles gained much attention at that time. In 1842 he became the editor. The following year, 1843, the government issued a decree declaring that the Rheinische Zeitung must stop publication, Marx resigned, and the paper ceased publication.5 In the summer of 1843 Marx married a childhood friend he had become engaged to while still a student. Her name was Jenny Von Westphalen. She was the daughter of Privy Councillor von Westphalen of the Prussian nobility. In September 1844 Marx moved to Paris, where he devoted himself primarily to studying political economy and the history of the French Revolution.

Innate Evil in Goldings Lord of the Flies :: essays research papers

This paper will explore the three elements of innate evil within William Golding's, Lord of the Flies, the change from civilization to savagery, the beast, and the battle on the island. Golding represents evil through his character's, their actions, and symbolism. The island becomes the biggest representation of evil because it's where the entire novel takes place. The change from civilization to savagery is another representation of how easily people can change from good to evil under unusual circumstances. Golding also explores the evil within all humans though the beast, because it's their only chance for survival and survival instinct takes over. In doing so, this paper will prove that Lord of the Flies exemplifies the innate evil that exists within all humans. Civilization is compromised when rules become unnecessary and the children?s state of mind has changed for the worst. In Lord of the Flies, the conch shell and signal fire represent civilization, but as the children lose interest in having a leader, and following rules, these objects lose their meaning and savagery takes over. ?We may stay here till we die,? (pg.9) was a very powerful quote, because from the beginning of the novel, Golding is foreshadowing their future on the island. Another example of this is their painted faces and tribal dances, which happen when they?ve killed a pig. A force greater than they can control seems to take over their humanity, and because children haven?t been exposed to think for themselves, they don?t know between right and wrong. Therefore, society hasn?t conditioned them to be evil, but the evil resides within them naturally. This leads to the fact that a beast really does exist within all human beings, but is only expressed when human instinct for survival becomes the main objective. At first the boys aren?t able to kill, but as survival instinct starts taking over, the reader?s are able to se the true character?s play out, and lives are compromised. ?You feel as if you?re not hunting, but- being hunted, as if something?s behind you all the time in the jungle,? (pg.53) proves that it?s every man for himself and people will do anything to survive. An example of this in the novel was when Robert became the ?pig,? and was wounded even though it wasn?t intentional, but the situation became worse when Piggy?s death happened as a result of all civilization lost and evil taken over.

Difficulty of Immigration in the 1900s versus Previously Essay

When most people think about immigration to the United States, they think of the U.S. as being the â€Å"land of opportunity,† where they will be able to make all of their dreams come true. For some people, immigration made their lives richer and more fulfilled. This however, was not always the case. A place that is supposed to be a â€Å"Golden Land† (Marcus 116) did not always welcome people with open arms. Even after people became legal citizens of the United States, often times the natural born Americans did not treat the immigrants as equals but rather as outsiders who were beneath them in some way. In some situations, people’s lives were made worse by coming to the â€Å"land of opportunity.† Often times people were living no better than they were in their own countries not able to make ends meet, just to live in the United States. Virtually all immigrants during the 1900’s had the same dream, to become successful and provide for their f amilies as citizens of the United States, but they soon found out that the life in their new country was not going to be easy. Throughout all of the readings and letters, there seemed to be a common theme faced by all of the immigrants, and that was hardship. Immigrants alike, no matter their country of origin, faced these hardships. The main thing that all of the immigrants wanted was to be able to have a real life and to be able to provide a better life for their children so they could have successful futures. While reading â€Å"Letters from the Great Migration,† it seemed as though each individual in their own words expressed the same dilemmas. Most of the people in their letters were trying very hard to get out of the South and move to the North in order to find decent work and to provide for their families. It seemed like they would endure pretty much anything to secure a job in the North, particularly the man from Houston, Texas. He says that he wants to find a job in the North so he can go â€Å"where a man is a man,† (Marcus 134). This shows that people from the South feel like their l ives could be fulfilled in a greater way in the North rather than in the South, where they currently reside. Particularly for the men, this quote seems to also suggest that the men in the South do not feel like real men, in the sense that they can’t find decent work in order to provide a good life for themselves or their families. It also appears t... ... such a wide variety of people â€Å"under one roof?† Although I am sure that it is still not easy to leave your family and come to a new land and start whole new life for yourself, I would have to imagine that it is a lot easier today based on the fact that people are now more educated and seem to be more accepting of change and diversity. Colleges for examples, jump at the opportunity to accept a student who is not 100% U.S. born. There are also many immigrants who are at the top of their fields. One great example is Arnold Schwarzenegger. Not only is he an accomplished actor in the United States, but he now holds office as Governor of the state of California, and he is not a natural born U.S. citizen. Immigration is a very important part of the history of the United States and continues to be today. Immigrants during the 1900’s had many hardships to face and sometimes the â€Å"golden land† was not so golden. Many immigrants had very high hopes about what their lives could have been like here in the U.S., and unfortunately only very few got to experience that great life. Although each of the readings had their differences, the theme of hardship seemed to prevail throughout.

Expansion and Contraction of Matter

SMJK AVE MARIA CONVENT SCIENCE B6D7E1 – The Principles of expansion and contraction of matter Name: Lim Li Fern (14) Class: 1P11 Identification Card No. : 990412-11-5206 Subject teacher: Puan Norlida Heat does to matter is changes it state. There is something more subtle though that can cause big problems. Look at this devise. When you heat both this ball and the ring the ring expands like a long bar of metal. The  ball expands less so when they are heated  the ball fits through the ring. You may want to look for these and try this demo as many of you probably have these. Another neat  tool to show the expansion of metals is this bimetal bar.It is made with one metal on one side and another metal on the other side. One metal expands more rapidly so the bar twists when heated. This affects things in the real world drastically. If this is not considered when building something we can end up with a  road buckling. Engineers then plan for the expansion and contraction due to heat. In a pipe we may see special parts like  this  or  this  so that the pipe can expand in length without breaking. Behaviour of matter – Expansion and contractioncontraction Substances  expand  or get bigger when they are heated up. They  contractor get smaller when they are cooled down.This property can be useful. * Thermometers work because the liquid inside them expands and rises up the tube when it gets hotter. * Metal parts can be fitted together without welding using shrink fitting. The animation shows how this works. Expansion and contraction in metal The rod is too big to fit through the hole. The rod is cooled, causing it to contract. The rod fits in the hole. When warmed, it expands to fit tightly. All matter is affected by heating and cooling. With a very few exceptions, when any matter is heated, it will expand. When it   is cooled, it will contract. Observing a Gas Expand When HeatedProcedure:  Ã‚   Place the neck of the balloon over the mouth of the bottle. Put about 6 cm (2 in) of water in the bottom of the pot and place the bottle and balloon in the pot. Heat the water slowly over the stove. You do not need to heat the water to boiling. What happens to the balloon? Remove the bottle and allow it to cool. What happens to the balloon now? What Happened:  When the air inside the bottle was heated by the hot water, it expanded. As the air expanded, some  was  pushed into the balloon causing it to expand slightly. When the air inside the bottle cooled, it contracted and the balloon shrank.Observing a Gas Contract When Cooled Just as you saw a gas expand when heated, you can see how it contracts when cooled using the same material as in the last experiment. Procedure:  Place a couple of inches of water in the bottom of the pot and place the bottle in the pot. Heat the water to almost boiling. Then, using the oven mitts, remove the bottle and quickly place the balloon over the neck. Allow the bottle to cool and observe the balloon as the bottle cools. What Happened:  As the air inside the bottle cooled, it contracted. This caused the balloon to be drawn into the bottle.Observing a Liquid Expand When Heated Procedure:  Ã‚   Put a little food coloring or a pinch of coffee or fruit drink mix in the bottle. Fill the bottle completely with cool tap water. Place a couple of inches of water in the bottom of the pot and carefully place the bottle in the pot, being careful not to spill any of the water. Slowly heat the water in the pot almost to boiling and observe what happens to the water in the bottle. What Happened:  As the water inside the bottle was warmed, it began to expand. The bottle could no longer hold all of the water and the water began to â€Å"bulge† from the top.Some may have even spilled out. Observing a Liquid Contract When Cooled Procedure:  Fill the bottle completely to the top with hot tap water. Try to get as few bubbles in the water as possible. Allow the bott le to cool where it will not be disturbed. Be careful not to spill any of the water. After the bottle has cooled to room temperature, observe the level of the water in the bottle. What Happened:  The water level was slightly below full. As the water cooled, it contracted causing the water level to drop. However, there may also be another effect here as well.If you used water with a lot of bubbles, those bubbles also took up a part of the volume inside the bottles. As the bubbles eventually floated to the top, they would have decreased the volume slightly. Can you think of some way to insure that what you are seeing is not a result of the bubbles? A Major Exception to the Rule The general rule that has already been stated is that matter expands when heated and contracts when cooled, but there are a few exceptions. The most important exception is water when it freezes. Procedure:  Ã‚   Fill the bottle to the top with water and replace the cap.Wrap the bottle in several layers of n ewspaper and place the bottle and paper in the bag. Put the bag in the freezer and leave it there until the water freezes. Remove the bag and paper and examine the bottle. What do you see? What Happened:  The bottle was shattered or very swollen. When water is cooled, whether as a gas (water vapor), a liquid, or a solid, it will contract. The one major exception to this is when water reaches the freezing point and changes from liquid water to ice. At that point, the water expands, rather than contracts. This expansion caused the bottle to break.The reason water behaves this way has to do with the shape of it’s molecules. When water freezes into ice, it’s molecules line up in a certain way, and when they do, they take up more space than they did as a liquid. It is almost as if the molecules elbow each other out of the way, and this causes the ice to take up more space than the liquid water. Once the water freezes and gets colder than the freezing point ( 0? C or 32? F ), it begins to contract again. The only time water expands when cooled is at the point where it freezes. However, the fact that water expands when it freezes is very important in nature.For example, one of the ways that rocks are broken down into soil is by water freezing in the cracks of rocks. When the frozen water expands, it has enough force to cause the rock to split or break into smaller and smaller pieces. Observing a Solid Expand and Contract Procedure:  Ã‚  Ã‚  Using the wire cutters, cut a rod from the long bottom section of a wire coat hanger. Keep this wire as straight as possible. Use the sandpaper to sand the paint off the wire. (You are going to heat this wire, and you need to remove the paint to avoid fumes from burning paint! ) Cut a section of the coffee stirrer or broom straw about 3 inches long.Push the straight pin through the middle of this section. The straight pin should fit snugly. If it doesn’t, use a small piece of tape to hold it in place. Set u p the rod, pin, books and heat source as shown. Make sure that the end of the rod away from the pointer is firmly against a book, and that the rest of the rod is touching only the pin, and not the surface of the books. Heat the rod using your heat source, and observe what happens to the pointer. Remove the heat source without disturbing the rod and watch what happens as the rod cools. What Happened:  As the rod was heated, it began to expand.Since one end of the rod was against the book, it could expand in one direction only. As it expanded, the rod moved over the pin, causing the pin to roll slightly. Although the pin may not have rolled more than a quarter turn, the pointer allowed you to see this motion very clearly. As the rod cooled, it contracted and moved the pin and pointer back to where they started. We have seen that solids expand when heated and contract when cooled. Engineers who design roads, buildings, towers, and other large structures must know how much a substance will expand or contract over the range of temperatures it is expected to encounter.The engineers then have to design the structure to prevent damage from expansion or contraction. These next experiments will have you to examine some of these structures on a hot day in summer and a cold day in winter. They could become part of a science project on heating and cooling. Expansion and Contraction of Railroad Tracks Raildroad Track Expansion Joint Walk along a railroad track until you find a place where two rails are joined together. You should see a small gap between the rails where they are fastened together. This gap is called an â€Å"expansion joint†.Some newer tracks have rails that are continuously welded together and do not use expansion joints. If you walk for some distance and do not see a gap between two rails, the tracks you are looking at are probably of this kind. If possible, you should try to locate an older track, or even one that is no longer in use. Such track will be more likely to have expansion joints. If you are able to locate an expansion joint, measure and write down the outside temperature, along with the date and the time. Also, measure and record the size of the gap. The millimeter scale is probably the best scale to use.If you have a camera (particularly if this is part of a science project) take a picture of the joint. It is a good idea to take this picture with the ruler in place. Save your notes. If you did this on a hot day, repeat it on a cold day, or vice versa. Can you measure any difference in the size of the gap? What Happened:  The gap is slightly narrower on a hot day, because the rail sections on either side of the gap expand  with the increased heat. If expansion joints were not put in place and the rails were placed tightly together on a cold day, when they were warmed by the sun, they would buckle and perhaps come loose.If the rails were put down tightly on a hot day, they would pull apart in cooler weather. E ither could cause a very serious accident. Expansion and Contraction of Power Lines On a very hot or cold day, locate power lines near your home hanging between two poles or towers. Notice how much the lines sag. Measure and record the temperature as well as the date and time. Select a good spot to take a picture of the lines. Carefully note exactly where you make this picture in your notebook, including any zoom setting and the center of your photo.Make sure that you will be able to return to the exact spot several months from now. Return to the same spot when the weather is much hotter or colder, depending on when you did this the first time. Again, measure and record the temperature, date and time. Take another picture of the wires using the same zoom settings and center point as before. Compare the two pictures. What do you see? What Happened:  The wires sagged much less in cold weather. Wire, like all other solids, expands when it is warmed and contracts when it is cooled. In hotter weather, it will expand more, causing the wires to sag more.When power or phone lines are strung, they are always sagged to allow for expansion and contraction. If they were to be strung too tight, they could snap when they contract in colder weather. An Exception to Expanding and Contracting in Solids As we have seen, solids usually expand when heated and contract when cooled. However, some solids don’t always behave according to this rule, as this experiment will show. Procedure:  Ã‚  Ã‚  Turn the box on its side as shown. Place the pushpin in the top edge of the box and hang the rubber band over the pushpin. (If you can’t get the pushpin to hold firmly, try taping the rubber band. Tie a small weight to the other end of the rubber band. The weight should be heavy enough to stretch the rubber band, but not enough to break it. Set the dryer on it’s hottest setting and heat the rubber band. Note what happens to the rubber band. What Happened:  Instead of expanding as we would have expected, the rubber band contracted and lifted the weight. Molecules of rubber are long and twisted, something like a loose spring. Rubber molecules compress when they are heated, causing them to draw together like a tighter spring. When all of the molecules do this, the rubber band contracts.

Contracts Cases Essay

FACTS: An Agency agreement was entered into between the Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to these chargeable accounting periods. The appellants submitted their accounts and contended that the remuneration received by them from the Mills Company was not taxable on the ground that it is was not income, profits or gains from business and was outside the pale of the Excess Profits Tax Regulation. The Excess Profits Tax Officer made an order assessing the income of the appellants for the accounting periods 1351 and 1352 Fasli at Rs. 8,957 and Rs. 83,768 respectively and assessed the tax accordingly. ISSUES: 1. Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business? 2. Whether the remuneration received from the Mills is on account of service or is the remuneration for business? ANALYSIS OF THE FACTS: 1. The appellants were registered as a private limited company having their registered office in Bombay and the objects for which they were incorporated were the following : To act as agents for Governments or Authorities or for any bankers, manufactures merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. 2. Under the Articles of Association of the Mills Company the appellants and their assigns were appointed the agents of the Company. The general management of the business of the Company subject to the control and supervision of the Directors, was to be in the hands of the Agents of the Company. They were to have power to appoint and employ in or for the purposes of the transaction and management of the affairs and business of the Company. The agents were authorized to sub-delegate all or any of the powers, authorities and discretions for the time being vested in them. 3. The Agency agreement which was executed provided that the appellants and their assign were to be the Agents of the Company for a period of 30 years from the date of registration of the Company and they were to continue to act as such agents until they of their own will resigned. 4. The remuneration of the appellants as such Agents was to be a commission of 2 1/2 per cent on the amount of sale proceeds of all yarn cloth and other produce of the Company. The appellants were to be paid in addition all expenses and charges actually incurred by them in connection with the business of the Company and supervision and management thereof. JUDGMENT: 1. â€Å"An agent is to be distinguished on the one hand from a servant, and on the other from an independent contractor. A servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given him in the course of his work; an independent contractor, on the other hand, is entirely independent of any control or interference and merely undertakes to produce a specified result, employing his own means to produce that result. An agent, though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal, is not subject in its exercise to the direct control or supervision of the principal. An agent, as such is not a servant, but a servant is generally for some purposes his master’s implied agent, the extent of the agency depending upon the duties or position of the servant.† 2. The difference between the relations of master and servant and of principal and agent may be said to be this: a principal has the right to direct what work the agent has to do: but a master has the further right to direct how the work is to be done.† 3. In the present case, the powers did not spell a direct control and supervision of the Directors as of a master over his servant but constituted the appellants the agents of the Company who were to exercise their authority subject to the control and supervision of the Directors but were not subject in such exercise to the direct control or supervision of the principals. 4. The remuneration by way of commission of 2 1/2 per cent. of the amount of sale proceeds of the produce of the Company savoured more of the remuneration given by a principal to his agent in the carrying out of the general management of the business of the principals than of wages or salary which would not normally be on such a basis. 5. All these circumstances together with the power of sub-delegation go to establish that the appellants were the agents of the Company and not merely the servants of the Company remunerated by wages or salary. 6. The objects of the appellants in this case inter alia were to act as agents for Governments or Authorities or for any bankers, manufacturers, merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. This object standing by itself would comprise within its ambit the activities of the appellants as the agents of the Company and constitute the work which they did by way of general management of the business of the company an agency business. Apart however from this there is the further fact that there was a continuity of operations which constituted the activities of the appellants in the general management of the Company a business. 7. All these factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that the activities of the appellants as the agents of the Company constituted a business and the remuneration which the appellants received from the Company under the terms of the Agency Agreement was income, profits or gain from business. 8. The appellants were therefore rightly assessed for excess profits tax and these appeals must stand dismissed with costs. 2. P. Krishna Bhatta And Ors. vs Mundila Ganapathi Bhatta 1955 MAD HC FACTS: The dispute in this case relates to three items of properties, viz., two parcels of land used for raising paddy and arecanut in Kedila village and a coffee estate in Coorg, ISSUES: whether in regard to these items of properties Ganapathi Bhatta was benamidar and apparent owner? (IRRELEVANT ISSUE FOR US) whether Section 66, C.P.C. applies to the transactions relating to the two items or Kedila properties, in regard to which two sale certificates have been issued in favour of Ganapathi Bhatta. The other alleged in the pleadings that Ganapathi Bhatta was an agent for the joint family of Bheernayya throughout these transactions and that therefore the prohibition under Section 66, C.P.C., would not apply to this case. Ganapathi Bhatta by no stretch of imagination can be described as the agent of Bheemayya for the purpose of buying this property in Court auction sale. PRINCIPLE: In legal phraseology, every person who acts for another is not an agent. A domestic servant renders to his master a personal service; a person may till another’s field or tend his Hocks or work in his shop or factory or mine or may be employed upon his roads or ways; one may act for another in aiding in the performance of his Legal or contractual obligations to third persons, as when he serves a public carrier, warehouse-man or innkeeper in performance of the latter’s duties to the public. In none of these capacities he is an â€Å"agent† within the above meaning as he is not acting for another in dealings with third persons. It is only when he acts as representative of the other in business negotiations, that is to say, in the creation, modification, or termination of contractual obligations between that other and the third persons, that he is an â€Å"agent.† Representation of another in business negotiations with third persons so as to bind such other by his own acts as if they were done by the former, is of the essence of the relation of agency and the distinguishing feature between art â€Å"agent† and other persons who act for another. Looked at from this point of view, an agency is a contract of employment for the purpose of bringing another-in legal relation with a third party or in other words, the contract between the principal and agent is primarily a contract of employment to bring him into legal relation with a third party Or to contract such business as may be going on between him and the third party. An agent is thus a person either actually or by law held to be authorised and employed by any person to bring hint into contractual or other legal relations with a third party. He is a representative vested with authority, real or ostensible, to create voluntary primary obligations for his principal by making promises or representations to third persons calculated induce them to change their legal relations. Representative character and derivative authority may briefly be said to be the distinguishing features of an agent. HOLDING: It is not stated in the pleadings in the present case as to when precisely Ganapathi Bhatta was constituted an agent, or on what terms he was so constituted or when the agency was got terminated or other details to spell out an agency. HE IS NOT AN AGENT. SIDE NOTE: The ‘karta’ is not the agent, or trustee of the joint family, but his position has been described as like that of a chairman of a committee 3. Loon Karan Sohan Lal vs Firm John And Co. And Ors. 1967 All HC Facts: The defendant had entered into an agreement with the defendant for the deliver of 15 bales of yarn. Since the plaintiff did not deliver on time, he went on to sue his principal, the govt. Of assam. Mr. Misra argued that the plaintiff was appointed by the Assam Government as their agent to perform the duties of procuring yarn and if in the performance of his duties as agent he suffered loss he is entitled under Sections 222 and 223 of the Contract Act to be reimbursed by the Assam Government as principal. The agreement between the plaintiff and govt. Of Assam stated: â€Å"This agreement made between the Governor of Assam represented by the Additional Secretary in th Department of Supply (Textile) hereinafter called the Govt. of the one part and M/s Loonkaran Sohanla hereinafter called the agent of the other part. The agent has been appointed for the purpose of procuring yarfor the month of August and September 1948 on the following terms and conditions.† JUDGEMET But in my opinion the description of the plaintiff in the agreement Ex. C-l and in the letter Ex. 47 as the agent of the Assam government is not conclusive. The court must examine the true nature of the agreement and the subsequent dealings between the parties, and then decide whether it established a relationship of agency under the law. It is common experience that the word ‘agent’ is frequently used to describe a relationship which is not an agency in law. an agent primarily means a person employed for the purpose of placing the principal in contractual or other relations with a third party and it is essential to an agency of this character that a third party should be in existence or contemplated. † The agreement Ex. C-l does not suggest, even by implication, that the plaintiff was to represent the Assam Government in any transaction or dealings with any other party or parties. No such parties were mentioned in the agreement or in contemplation of the signatori es to the agreement. The conduct of the plaintiff after the agreement shows that he never functioned as the agent of the Assam Government. He entered into the agreement of sale of yarn with John and Co. in his own name and on his own behalf; he paid the price from his own pocket and did not debit it to the Assam Government; he regarded himself as the owner of the goods and filed this suit in his own name. He might have been advised, when things went wrong, that the Assam Government had described him as their agent and were therefore liable to reimburse him for theloss suffered by him in the discharge of his obligations under the agreement. He is entitled to our sympathy, but he cannot in the circumstances ask this Court to make the Government liable for his losses. Mr. Misra contended that even if the plaintiff was not employed under the agreement to represent the Assam Government in dealings with third persons, he was appointed â€Å"for the purpose of procuring yarn† for the Assam Government and thus employed† to do any act for another† and this made him an agent under Section 182. I am unable to agree. There are several answers to this argument. First. it is based on a misapprehension of the words â€Å"a person employed to do an act for another† in Section 182 of the Contract Act. There is a distinction between a person employed In do an act for another and a person who does an act at the bidding if another. In the first place the act done is not that of the person employed but of him who employs him in the second, the act is that of the person himself Again, in the first case, the person employed is an agent of the employer, in the second, he merely acts at the request of another. Then again in the first case, under Section 222 the person is entitled to be indemnified against the consequences of all lawful acts done by him in the exercise of his authority as an agent, in the latter, he is entitled to be indemnified only if there is a contract of indemnity to this effect. If the plaintiff had been employed to purchase and sell cotton yarn on behalf of the Government of Assam, or asked by them to distribute yarn, belonging to the Government, he would have been their agent under Section 182 of the Contract Act and entitled to be indemnified for the consequences of all lawful acts done by him But the plaintiff, under the agreement, was to purchase yarn from others and sell it to consumers in Assam The utmost he can claim is that he entered into a transaction of sale with John & Co at the bidding of the Government of Assam. But there was no undertaking by that Government, either under the agreement exhibit C-1 or any other to indemnify the plaintiff against loss. 10. After a careful analysis of the agreement Exhibit C, I am of the opinion that it is really a license conferring upon the plaintiff the exclusive right to purchase yarn and sell it to consumers within the province of Assam. Though the plaintiff is called an agent, he was no more an agent in law than a licensee under a permit to sell intoxicating liquor subject to terms and conditions specified in the permit. Here a representative character would be required for him to be an agent which is absent. 4. Unit Trust Of India vs Ravinder Kumar Shukla The Appellant is a statutory corporation established under Section 3 of the UTI Act, 1963. As part of its activities the Appellants float various schemes. Under the various schemes from time to time, the Appellant issue cheques towards maturity amount of the units purchased and/or towards repurchase value. It appears that the Appellant normally draw Account Payee, Non-transferable and Not Negotiable cheques and send them to the payee by registered post.The Appellant started receiving a large number of complaints from unit holders alleging non-receipt of the cheques. In all 1600 unit holders had not received cheques of the value of app. Rs. 3 Crores 35 lakhs. All these cheques were intercepted, new accounts opened in Banks/Post Offices in the names of payees of the cheques and thereafter the moneis were withdrawn leaving a minimum balance in the accounts. In respect of this colossal fraud, F.I.Rs. have been lodged, investigations and prosecution are in progress. The question before this Court is whether the loss is to be borne by the unit holder payee and/or by the Appellant. The answer to this question would depend on whether the post office was acting as an agent of the unit holder and/or the Appellant. Thus the law is that in the absence of any contract or request from the payee, mere posting would not amount to payment. In cases where there is no contract or request, either express or implied, the post office would continue to act as the agent of the drawer. In that case the loss is of the drawer. (drawer here is the appellant) any proof of any contract that the amounts could be sent by post or any proof that any request had been made by any of the payees that the amount be sent by post. Mr. Bhat was also asked whether there was any proof of any practice from which it can be implied that the payee had requested/consented to have the cheques sent by post, since the prrof of such a contract could not be established. Appellant/ drawer held liable.