Management Portfolio Essay Example for Free

Management Portfolio Essay This portfolio task invites you to think holistically about the strengths you are developing and how these strengths might be applied, represented, and offered in service to your aspirations in the career field. You will demonstrate the competencies you have studied to comprehend and explain your personal strengths and present evidence of these strengths in a positive light for potential employers. Task: A. Write an essay (suggested length of 1–2 pages) in which you do the following: 1. Evaluate your top five strengths in relation to your chosen career. 2. Provide examples from your personal life, work, or school activities that support your evaluation. B. Write a career outlook report (suggested length of 1–2 pages) in which you summarize a specific career field that interests you. 1. Provide information such as salary range, employment outlook, types of positions available, and education required. C. Write an essay (suggested length of 3–5 pages) in which you reflect on how your education and past work and life experiences have prepared you for your future in the workplace. D. Provide your resume (no more than 3 pages). Note: Make sure the resume contains no grammatical or spelling errors and that it is formatted to be correctly viewed electronically and when printed. E. Provide five exhibits to include in your professional portfolio. Examples may include the following: †¢ Executive summary from your capstone (no more than 1–2 pages) †¢ Any artifact from your work experience if it applies directly to information that a potential employer would be interested in seeing (e.g., awards, certificates, letters of commendation, performance evaluations, other evidence of outstanding work performance) †¢ Any artifact from your university experience if it applies directly to information that a potential employer would be interested in seeing (e.g., transcripts, score reports, certificates, awards) †¢ Description of a work product †¢ Projects or assignments completed to meet requirements in the major F. If you choose to use outside sources, include all in-text citations and references in APA format. Note: Please save word-processing documents as *.rtf (Rich Text Format) or *.pdf (Portable Document Format) files. Note: For definitions of terms commonly used in the rubric, see the attached Rubric Terms.

The Euro Currency And European Union Economics Essay

The Euro Currency And European Union Economics Essay The Euro Currency has been a resounding success and is poised to replace the Dollar as the strongest currency in the world. The potential long-term advantages for business make it inevitable that the UK, Sweden Denmark will have to adopt the European Single Currency shortly or risk damaging their long-term prosperity by staying out Introduction European Union mission in the 21st century is to: Europes provide peace, prosperity and stability for its peoples; overcome the divisions on the continent; ensure that its people can live in safety; promote balanced economic and social development; meet the challenges of globalisation and preserve the diversity of the peoples of Europe; uphold the values that Europeans share, such as sustainable development and a sound environment, respect for human rights and the social market economy. PEST Chart Joining European Union Political Prevent war Government will lose its sovereignty and control over its monetary policies. Forming up as one big economy allows Europe to be competitive with other strong economies such as US, China Japan. Economical Bring down trade barriers Economy will be stable due to long term increase in trade Inflation and interest rates can be unified controlled. But inability to control any undesired inflation rate. Increase of employment and labor supply. Bring down Labor costs. Will be able to improve on employment issues, provide job trade opportunities Will increase Foreign Direct Investment (FDI) Social Lost of national Sovereignty will cause unhappiness among the citizens affected. Majority of the people still do not agree on their country joining in the European Union (EU) EU stresses on the point of social responsibility towards Resource Conservation Technological Sharing of emerging technologies information. Combined effort/project of research and development activity for European economy Impact of technology transfer. If United Kingdom, Denmark and Sweden were to join the European Single Currencyà ¢Ã¢â€š ¬Ã‚ ¦ The Economic Political advantages for businesses based in these countries Advantages (http://www.economicshelp.org/europe/benefits-euro.html) 1. Transaction costs will be eliminated This will greatly benefit businesses who trade and tourists within the European Economic and Monetary Union (EMU) area, as there will be no charge for changing of currency, thus boosting the economy. It is estimated that this benefit will be equal to 1% of GDP so will be quite significant. 2. Price transparency European Union (EU) companies often find it difficult to accurately compare the prices of goods, services and resources across the EU because of the distorting effects of exchange rate differences. So when price is transparent, trading starts to take place. 3. No more exchange rate fluctuations. Uncertainty eliminated. Due to the fluctuating currencies in the EU, many firms become wary when investing in other countries because of the uncertainty. Investment would rise in the EMU area as the currency is universal within the area, therefore the anxiety that was previously apparent is there no more. 4. Single currency in single market. It brings the Europes economy forward after trading has taken place more effectively and efficiently 5. Be able to contend with the American Dollar and Japanese Yen. A new currency in Europe could be a rival to the two currencies, as it seems EMU seems to be in a good situation that it can survive on its own, with or without the help of Japan and U.S.A. 6. Prevent war. When countries unite trade effectively together, they dont wage war on each other and if EMU have more undisrupted trade, then there will be peace for Europe too. 7. Increased Trade and reduced costs for businesses Proponents of the move argue that it brings considerable economic trade through the wiping out of exchange rate fluctuations, but as well as this it helps to lower costs to industry because companies will not have to buy foreign exchange for use within the EU. For them, EU represents the completion of the Single European Market. It is vital if Europe is to compete with the other large trading blocs of the Far East and North America. 8. Inflation The European Central Bank (ECB) which sets interest rates for the whole EMU area will be committed to keeping inflation low; countries with traditionally high inflation will benefit from this. However, this point is debatable as countries outside the EMU have maintained low inflation. 9. The Political agenda. There is also a political agenda to European bank (the European System of Central Banks -ESCB), the removal national control over policy. Individual nation states will lose sovereignty (i.e. the ability to control their own affairs). It will pave the road to move towards ONE economical union. Disadvantages (http://www.economicshelp.org/europe/costs-euro.html) Cost of replacing currencys and adjusting machines. (This is however a one off cost) 2. Loss of autonomy over economic policy. Loss of Sovereignty. By adopting a common interest rate for the EMU area, countries will lose a crucial part of their Monetary policy. Politically, an independent central bank is often argued to be undemocratic in this setting (A Cukierman, 1994). Although countries are heading towards ONE economic union in Europe but they are definitely not, with regards to political terms. 3. Countries economy are at a different stage in the business cycle. This will be a huge problem, for instance in 2005, Ireland and Spain were growing quite fast and need higher interest rates to control inflation than other countries who need lower interest rates. Therefore with low interest rate Ireland might experience inflation. On the other hand, in 2009, Ireland and Spain were experiencing a deeper recession than the rest of the EMU area. They needed lower interest rates and depreciation, while other countries did not require to. 4. The instability of the system In 1992, UK benefited from leaving the ERM in order to have lower interest rates and come out of recession. This showed that countries economies may not have converged and a single policy could be harmful. As Greece is heavily in debt and had caused EU to be affected, so it seems wise for UK, Sweden Denmark not to join at the moment 5. Government could not devalue the Euro to overcome balance of payments problems. Countries will lose some independence over Fiscal Policy. This is because of the growth and stability pact.( e.g. no country is allowed to borrow more than 3% of its GDP. Which means that they will have to try and maintain the economy at a similar stage to other countries. E.G. Ireland had high growth and was criticised for increasing spending, (which increases AS), Asymmetric Shocks. If one country experienced an external shock it might need a different response. But this is not possible with a common currency. E.g. In order to reduce inflation, German reunification required higher interest rates, but this was not in favor for many other EU countries. 6. Monetary Policy will have different effects in different countries. For example the UK is sensitive to changes in the interest rate because many people have mortgages. And their terms conditions differ from other countries. 7. The EURO has been quite unstable against the dollar Whilst Sterling has been quite stable. Joining the EU could therefore increase instability against over currencies 8. The ECB is less transparent in their decision making For example they do not produce monthly minutes, this makes interest rate changes less predictable and so countries may not be able to do their economy forecast. FIVE ECONOMIC TESTS AS PRECONDITIONS Set out by Chancellor of Exchequer in Oct 1997 Used to decide for UK on the membership of Economic and Monetary Union (EMU) To adopt Euro currency and interest rate set by European Central Bank (ECB) Build on 4 key areas Benefit: trade, transparency and stability Constitutional issues: in nation interest, popular consent, clear and unambiguous Clear and unambiguous: Treasurys comprehensive and rigorous assessment Referendum: agreed by British people Five Economic Tests Are business cycles and economic structures compatible so that we and others could live comfortably with euro interest rates on a permanent basis? If problems emerge is there sufficient flexibility to deal with them? Would joining EMU create better conditions for firms making long-term decisions to invest in Britain? What impact would entry into EMU have on the competitive position of the UKs financial services industry, particularly the Citys wholesale markets? In summary, will joining EMU promote higher growth, stability and a lasting increase in jobs? UK Responses in 2003 assessment Significant progress on convergence, but the convergence test not met as there are still structural differences with the euro area, such as in the housing market. Therefore, UK are not confident of its business cycles being sufficient compatible with those of the euro area to allow the UK to live comfortably with euro area interest rates on a permanent basis. Flexibility has shown improvement for UK, but is still not confident that it is sufficient. Greater measures are been set out to meet the EMU requirement. UK agrees that joining EMU could potentially lower the cost for their companies which boost cross-border investment flows and foreign direct investment (FDI). On the other hand, it is also mentioned that if sustainable and durable convergence is achieved, only then can UK be confident that the investment test is met. UK agreed that entry EMU can enhance on the competitiveness of the companies while offering some other benefit and the financial services test is met Increase in jobs and lower cost of living can be achieved through increases in cross-border trade, investment, competition and productivity that EMU could provide. But again, it only sustainable and durable convergence has been achieved then can UK be confident to say that growth, stability and employment test is met. Overall, UK mentioned that improvement has been seen but it is still not ready the membership of EMU despite the risks and costs in the delay. According to Stathis Gould (2003) article, The test seem like a deliberate fudge and political excuse for UK to delay joining the single currency Loss of control such as interest rate to ECB EU Membership impose constraint on fiscal policy Joining euro could post threat as UKs record of foreign capital recipient is among the best mainly due to relatively light regulation Problem with the volatility of euro-dollar which is not tackle by ECB Factor that might really affect the join will be to reform or better leadership in ECB which is criticized for lack of transparency Another factor will be the increase in competitiveness and opening of labor, product and capital market According to James Igoe Walsh (2007) study, Britains economic cycle not synchronized with euro-zone and bringing Adopting single currency will harm foreign trade and investment Close look into the five excuses for Britains reluctance Divergent business cycles Convergence concern of losing the ability they now have to tailor monetary policy Not really the case inflation rates have essentially disappeared, as the two economies adopted the same interest rates and monetary integration promote business cycle convergence through greater trade and investment International trade and investment British invested more with North America and former colonies in the past, but it is not true now as many firms are also heavily invested in European Union. Joining the union benefits the large and growing number of firms and investors that trade with and invest in the rest of the Union. Overall, UK does have the capability to be in the EMU and by being in the euro member, it can really boost the economy of both their nation and other members Has been seen as delaying the membership deliberately Pressure for corporate in UK might also be another factor that influences their decision Furthermore, with recent issue of Greece, Portugal, and Spain which expose the flaws in Euro Single Currency, it will be even harder to convince UK entry SUCCESSFULNESS OF EURO SINGLE CURRENCY Main Benefits Lower cost of managing cash and raising capital Eliminate cost on converting currency from one country to another Broader, deeper and more efficient financial market result in further reduction in cost and access to a bigger capital pool Less currency risk Currency risk and the need to protect own business transactions are eliminated or reduced Simplify investment planning Bigger market Companies will compete in a larger and more integrated market Population adds up from the member countries to form bigger market Consumers are more readily to buy across border in euro-zone with no worry of different currencies and exchange-rate Over the years of Single Currency With information from Wim F.V Vanthoor (2000) study, Has high potential in it growth Created a market population bigger than US when group together Generated high share of world GDP (Gross Domestic Product) Created even higher world trade than that of US Compatible monetary value comparing with US with the aim as to compete with US dollar Aim not only Economically, but aims at going towards a political union In Martin Feldstein (2010) article, Crisis in Greece and the debt problems in Spain and Portugal exposed more flaws Individual member countries lost control of monetary policy and interest rates in order to respond to national economic conditions Exchange rate could not respond to the cumulative effects of differences in productivity and global demand trends. Weakens the market signals of fiscal deficits Eg. Greece ECB set monetary policy to the euro-zone as a whole even when it is not relevant to some members Despite all the problem, euro will likely still survive but the fundamental root problem might still remains Introduction of euro imply low interest rate to Greece and some other countries which previously has high rate, resulting in temptation for government to borrow. This drives the ratio of government debt to GDP to more than 100% for Greece and Italy. Until recently, bond markets treated all euro sovereign debts as virtually equal, not raising interest rates on high-debt countries until possibility of default became clear. Euro comparing with other currency Against US Dollar Euro shows it weaken and flaw especially with recent crisis As compared with US dollar which also operate on single currency with its fifty states, its lacks in 3 economic condition Labor mobility Labor in US move on to another area easily when one industry weaken in a certain part of the country Wherelse unemployed workers of euro member such as Greece, Portugal, and Spain do not move to faster-growing regions of Europe because of differences in language, history, religion, union membership, etc. Wage flexibility Substantially slower wage growth in the states that lost industries helped to attract and retain other industries Central fiscal authority fiscal system collects roughly two-thirds of all taxes at the national level, which can be transfer to the different states if it is falling short in income Euro comparing with other currency Against UK Sterling Pound Pound Sterling has become vastly more stable in the past decade and grown in stature as a reserve currency around the world Ironically it has benefited from being outside the Euro By not joining EMU, UK have retain their level of sovereignty and has better control and decision on solution to tackle their own economy Conclusion It seems that UK, Sweden and Denmark is going to stay out of the Euro zone for a while as mentioned by Vinocur N. (March 2010) Removing currency risk and driving integration with the European single market have been the main arguments that have put forward for the three nations to join the euro. But with Greece financial issues, with Ireland, Spain Portugal following suit, it made Euro Investec UK economist David Page mentioned that there is no chance that UK is joining the EU in the next 10 years. Conservative opposition front-runner David Cameron has declared that if he wins a general election expected in May, Britain will not join the euro as long as he is prime minister. Even though In year 2008, Sweden released a poll. It showed support for joining the euro had increased rapidly, with 44% of Swedes now in favour of joining the currency, up from 34.6% in May, while opposition dropped from 51.7% to 48% during the same period. (http://www.guardian.co.uk/business/2008/nov/27/euro-currencies-sweden-denmark) in March 2010 as reported by Nicholas Vinocur on Reuters: Swedens finance minister Anders Borg mentioned that. How well it is going in one country decides how well run the whole is, whether or not one has adopted the euro. Denmark is skeptical on joining the Euro. Danske Bank chief economist Steen Bocian, remains cautious for the next two years, due to Greece incident.

Contract of Hire Purchase Answer

Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (â€Å"the defendants†) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ‘Nuffield’ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ‘Nuffield’ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ‘Newmark’ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Daly’s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ‘Nuffield’ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ‘man enough’ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If you’re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ‘Nuffield’ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ‘Nuffield’ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical – Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Finance’s or Mr Stone’s stance on the issue; currently I only have Miss Daly’s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isn’t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesn’t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair men’s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ‘Newgate’ knitting machine? The ‘lapse of a reasonable time’ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Finance’s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation  £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ‘Newgate’ It is unclear whether the defendants can claim for the purchase of the ‘Newgate’. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundling’s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ‘Newgate’ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didn’t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ‘Newgate’ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular – what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APR’s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they haven’t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendant’s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendant’s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ‘Nuffield’ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (â€Å"the suppliers†) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ‘Nuffield’ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of  £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was  £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendant’s demanded (without prejudice to his claim for damages herein) return of the said  £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimant’s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimant’s said breach of contract the Defendant’s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendant’s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ‘Newgate’ knitting machine at a price of  £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ‘Nuffield’ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds  £5,000 but does not exceed  £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of  £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signed†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ‘The Sale of Goods’ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ‘The Sale of Goods’ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ‘Drafting’ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ‘Opinion Writing’ 2003 / Oxford University Press Marshall, Enid ‘Scots Mercantile Law’ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ‘Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules’1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.

Free Essay on Mark Twains The Adventures of Huckleberry Finn - Cruelness :: Adventures Huckleberry Huck Finn Essays

Cruelness in Adventures Of Huck Finn Throughout the tale of Huckleberry Finn as told by Mark Twain (Samuel Clemens), almost every character for his or her own reasons lies. This can be considered a commentary on the morality and ethics of man kind by Mr. Clemens. Almost no person exists that has never uttered at lease one untruth. That is one of the wonderful things about this novel. It closely mimics real life. There are characters that lie for personal gain. There are also those that lie only in hopes of helping others. Though both are lies, one can be considered courteous or even heroic at times, where the other can only appear greedy and wrong no matter what light it is viewed in. Mark Twain often uses the river to denote freedom and purity, however just as many lies are told on the river as off. This is because Twain doesn't make the assumption that all lies are wicked, and can thus attach them to his symbol of pure good. Practically every "good" character in Huckleberry Finn lies. Huck himself lies on almost countless occasions. Miss Watson lies on at least one occasion. Jim tells several lies during the tale. Tom Sawyer is practically unable to speak the truth. Yet none of these characters are seen as morally corrupt. The villainous characters lie on a constant basis in the course of the story. The king makes lying an art at times, while the duke lies without pause for his entire appearance in the story. Pap makes up numerous tales during his time in the book. All these characters are considered evil and wrongdoers. The difference is the fact that the latter characters lie in hopes of personal gain, while the first characters lie to help others, or in order to entertain. Nearly every character lies in Huckleberry Finn; it is their motivation for their lies that defines their character to the reader. Huckleberry himself tells many a lie during the story. Perhaps his biggest lie is when he fakes his own death, and makes the whole town look for hi s "dead carcass" (Clemens 32). This caused the widow and Miss Watson a terrible amount of heartache and concern.

Evaluation of a live Production Blood Brothers Essay -- English Litera

Evaluation of a live Production Blood Brothers Blood Brothers was written by Willy Russell, It was first performed at the Liverpool Playhouse in January 1983. It is a musical / comedy drama set in Liverpool in the 1980’s. We went to see it at the Phoenix Theatre. When we were on our way to see the production I was quite excited and was looking forward to it very much as I had been told by some pupils at my school it was very good. When we arrived at the theatre and sat down in our seats the stage and layout looked very big. There seemed to be a lot of space for the actors to perform on. The play takes place in Liverpool, it is based on two twins who are separated at birth, as the mother cannot afford to keep them both. One of the twins is given away to a very wealthy family and the other stays with its real mother, who is ‘working class’. The two brothers meet when they are young, without realising they are twins, and become best friends. They grow up together but gradually class and the difference in the way they were raised comes between them, ending in both ...

Essay on national service program

The National Service Program proposal by the US congress once heard will immediately pose a lot of questions. But many of those questions have been answered by the different corps that has been providing utmost help to those who need. Through the National Service Program, public schools would be able to provide the education every child needs, the quality of life improved by providing easy and fast access to public health, providing food to the hungry, shelter to the homeless, environment conservation and protection, care giving to the elders and being there when a community experiences such devastating calamites and disasters like hurricanes, flooding and such terror activities. Most of the time, people would be willing to extend their service, but sometimes they just don’t know where or how (McCain, 2001).With the proposal, almost every single American would be able to show their patriotism to the country. A lot of opportunities to serve others are present, and still many ar e not doing a thing. By providing means on where one could serve, that way, he or she would be able to determine what service could be provided according to his or her knowledge, skills and abilities. Serving the country is not just about joining the army and being involved in wars over Iraq, Vietnam and Afghanistan. Fortunately, a lot of different corps is available depending on the mode of service they provide.The corp can be a group that can provide measures in making a community safe from any kind of crime and terrorists activities. The program also extends its help to countries in overseas by providing means in solving challenges for the development of a nation. Talents and skills are shared in this program for those who want to improve and further develop their capacities(Marshall, 2007). The service programs could be the key for students entering the college in choosing the career path they would be taking. A study has shown that students in high school that were engaged in a community service are more likely to finish college compared to those who have not joined such activity. Also, improvement in their reading skills, mathematics and science is evident(Roscow, 2007).Having a national service program instead of a voluntary or selective program will result into a lot of inevitable issues regarding freedom. Making or compelling the citizens to work for two years will greatly affect their lives. A family man working hard to raise his family would not have two years to serve others. He would of course be putting his family first before others. Or course the government cannot satisfy or at least provide the necessities that a family needs if their provider is gone and doing national service, would they?Two years of public service is too much, considering the fact that it would be full time. Another issue that would be raised is how the government would compel millions of citizens to do national service. Would there be laws that would prosecute a person if he or she did not perform the necessary tasks he or she is into? If so, would it not violate the rights and freedom of the general public? A lot of issues are needed to be considered before passing the proposal especially those ones that concerns the rights and freedom of every American citizen.The government alone cannot rely on the workforce is has. It needs more than it could have in providing services. As every American individual obtain the ever ending rights, entitlements and freedom, obligation to the nation lacks. And some don’t even know what really is their responsibility and obligation to their country. John Kennedy once told the country about not asking what a nation or a country do for them but it’s about doing something for the country (Healy, 2007). With the National Service Program, billion of hours of service could be provided in making a country far well-protected, stronger and a better place. It not only teaches patriotism but responsibility and comp assion as a whole. Not everyone could be called a hero like those that have saved lives or the war veterans in World War II, but by providing service to your fellow countrymen, you can be a their hero.Healy, A. L. Y. a. M. (2007). Citizenship means giving something back. THe Denver Post.Marshall, W. (2007). Ideas for national service that would benefit America. The Sacramento Bee.McCain, J. (2001). Putting the â€Å"National† in National Service [Electronic Version]. Washington Monthly. Retrieved July 1, 2007 from http://www.washingtonmonthly.com/features/2001/0110.mccain.html.Roscow, D. (2007). Academic Performance Enhanced By High School Civic Engagement. CIRCLE.

Asceticism in Hasidic Thought as a response to the Sabbatean

Moodiness and the Hashish thinkers agreed to the concept of prohibiting a culture of unbridled licentiousness, reasoning that a life of excessive indulgence in the physical pleasures would not only serve to significantly detract from man's physical productiveness but would also derogate his spiritual qualities, adversely affecting his ability to understand and properly worship his God. Therefore, both placed considerable constraints on man's sexual life, ordinances extending far beyond the strict rabbinic decrees governing martial relations.Only with these guidelines in place did both Moodiness and the Hashish thinkers feel hat man could achieve the proper level of devotion to God and his Torah in the physical world, despite the seemingly ubiquitous pleasures of the flesh. However, while both Moodiness and the Hashish thinkers offer different principles for differing levels of religiosity, they do not follow the same guidelines for determining the requisite levels of devotion to God. Appropriately, both Moodiness and the Hashish thinkers divide their restrictions, positing two distinct levels of prescribed action: one for a higher spiritual man and another for a lower spiritual man. It appears that the level promulgated by Moodiness for his higher spiritual man is in practice parallel to that of the Hashish lower spiritual man. Thus, while both agree in principle to the utilization of ascetic means in an effort to increase one's religiosity, they diverge as to where the proper level of asceticism should be for their higher and lower spiritual men.What is to account for this difference in thought? I would like to posit that this change in thought came about, in part, due to the licentious sins of the Sabina movement and its inheritors. The ascetic lifestyle advocated by several Hashish leaders and thinkers, cumulating with Rabbi McCann of Burbles, may be viewed as a reactionary response to Sebastian movements, particularly Franking, and their well-known sexual mi sconduct. Moodiness Approach to Asceticism Moodiness presents a dual approach to asceticism's interaction with spiritual man's physical life.In his philosophical corpus More Invective, Moodiness writes: One should detach his thought from, and abolish his desire for bestial things†¦ The pleasures of eating, drinking, sexual intercourse and in general of the sense of touch†¦ We have it so far as we are animals like other beasts, and nothing that belongs o the notion of humanity pertains to it. 2 Further on in the More Invective he adds: (Eating, drinking, and copulation) should be reduced to the extent possible: one should do them in secret, should feel sorrowful because one does them†¦A man should be in control of all these impulses, (and) restrict his efforts in relation to them. 3 Here Moodiness describes a paradigm for the ascetic lifestyle. He endorses a pleasure-free existence, advocating for not only â€Å"control† and â€Å"restriction,† but for â €Å"sorrow' as well. Further, he stresses the inhumanity present within the annalistic shires of man, something which man should â€Å"detach his thought from, and abolish his desire for. † Yet, in his legal code Mishmash Torah, Moodiness adopts an entirely different perspective regarding man's involvement with and enjoyment of the physical pleasures.There he states: Possibly a person may say: Since envy, cupids, and ambition are evil qualities to cultivate and lead to a man's ruin, I will avoid them to the uttermost and seek their contraries. † A person following this principle, will not eat meat, or drink wine, or marry, or dwell in a descant home, or wear comely apparel, but will clothe himself in sackcloth and coarse wool like the idolaters priests. This too, is the wrong way, not to be followed†¦ Such have the sages said, â€Å"Do not the prohibitions of the Torah suffice you that you add other for yourself? And concerning this and similar excess Solomon exh orts us, â€Å"Be not over-righteous, nor excessively wise. Wherefore should you be desolate? 4 The passage from the Mishmash Torah contradicts the previously presented thoughts found in the More Invective. Moodiness writes not only about how one should participate in worldly pleasures, but also that whoever refrains from doing so is mimed a sinner. This suggests that an ideal exists to engage in the physical actions of the world, something which is reflected, no doubt, in the various Halation which demand pleasurable physical activity. Such an idea contrasts sharply with Moodiness's statement in the More Invective that man should feel â€Å"sorrowful† and perform the physical actions of eating and cohabitation â€Å"in secret. † In the next section of Mishmash Torah, Moodiness continues with this formulation, explaining exactly what one should sense when engaged in the physical activities of life: Man would direct his heart and all his actions only for the aim of kno wing God, and his sitting, arising, and speaking should all be considered in that light†¦When he eats, drinks, and cohabits, he should not intend to do these things only for the sake of pleasure, to the extent that he eats and drinks only that which is sweet to the taste, or engages in sex for the purpose of pleasure. Rather, he should eat and drink only for the purpose of making his body and limbs healthy†¦ He should not engage in intercourse when he desires it, but only when he knows that he must for reasons of lath emit seed, or for the purpose of propagation. 6 â€Å"Man,† Moodiness says, â€Å"Must direct his heart and all his actions only for the aim of knowing God. Thus, according to Moodiness, when man has both the proper intentions as well as the bodily need, there exists no reason to abstain from the physical activities. In fact, it seems that engagement in such acts, when done within the proper religious context, serve to enhance and increase one's relig iosity. Further, in the next section, Moodiness elevates this idea of physical permissibility, suggesting that man's actions, when fused with the proper intentions, re not only acceptable but even inherently good, as they are intrinsically forms of divine service.Here he states: Whoever throughout his life follows this course of will be continually serving God, even while engaged in business and even during cohabitation, because his purpose in all that he does will be to satisfy his needs so as to have a sound body with which to serve God. Even when he sleeps and seeks repose, to calm his mind and rest his body, so as not to fall sick and be incapacitated from serving God, his sleep is service of the Almighty.In this sense our sages charges s, â€Å"Let all your deeds be for the sake of God† And Solomon in his wisdom, said, â€Å"In all your ways know him†¦ â€Å"7 The statement â€Å"Even when he sleeps†¦ His sleep is service of the Almighty' stands in sharp con trast to the lowly position of religious value assigned to man's physical needs by Moodiness in his More Invective. In this section, not only are man's physical actions warranted and accepted as both natural and seemingly neutral facts of life, but rather they are also imbued with positive religious status.Man's actions, when practiced with the proper intentions and requisite control, serve not only as ids to one's strive for spiritual perfection, but even as genuine forms of serving God in and of themselves. For what reason does such a discrepancy between the thoughts of Moodiness in More Invective and Mishmash Torah exist? 8 Perhaps, the answer lies in the fundamental difference between More Invective and Mishmash Torah. Mishmash Torah was written for everyone; the intended audience includes both scholar and layman, and Moodiness therefore approached the topic of sexuality from the layman's perspective.To be sure, Moodiness did not warrant limitless sexual activity to any degree, yet he did grant man the right to sexual activity when an both desired it (I. E. Bodily needs) and his intentions were properly rooted in the service of God. In More Invective however, Moodiness's intended audience was of an entirely different nature. More Invective was written for the spiritually elite,9 the ones who engrossed themselves in the study of philosophy, what Moodiness himself termed â€Å"the zenith of all Torah study. 10 For these students of philosophy the level of asceticism presented in Mishmash Torah does not suffice. Indeed, they are held to a higher level of religious observance and hence must maintain a holier epistyle, one which includes more stringent ascetic practices than those required of the masses. Sebastian and Frankest Anti-Ascetic Practices Before discussing the particulars of the Sebastian and Frankest sexual practices, it is important to note that there are a number of corollaries between Sebastian and Hashish's.I would argue that these similarities were a factor in pushing the Hashish thinkers towards a more ascetic approach. To begin, both movements are ones of renewal while concurrently claiming to be movements of restoration. While undoubtedly new religious sects, each claim that they're teachings emanate for rotational Judaism. Second, Sabbaticals texts, which had not been central religious sources up to this era, take on a pivotal role in each movement. Third, both movements emerge not from the religious or intellectual elite, but rather from the plebian classes.This results in attitudes of skepticism and even contempt from the rabbinic authorities. Fourth, as popular movements, they are each shrouded in mystery, with neither program not platform in their nascent stages. Fifth, both movements share a doctrinal characteristic in their need for and reverence of a communal leader. This leader, a Attack for Hashish and Shabbiest Seven for the Sebastian (and later Jacob Frank and Eva Frank for the Franklins), is a key aspect in each movements thought, without whom the movement would collapse.Lastly, the two movements, particularly Franking and Hashish's, share geographic-temporal similarities, with the action centering on the area of Podia, Ukraine in the mid- eighteenth century. 11 Claims of sexual libertarianism and anti-ascetic behavior against Shabbiest Seven are well known. Surgeons Schools, in his magna opus on the Sebastian movement, describes Shabbiness strange, paradoxical ascetic behavior saying: When he became master over a large number of enthusiastic followers he loud indulge his fondness of alternating semiotic and semantic rituals†¦ E can easily imagine him clad in phylacteries, singing psalms and surrounded by women and wine. The picture fits the twilight atmosphere of Subtask's erotic mysticism. â€Å"12 Choler's depiction of Shabbiest leaves us with a clear image of a cult-leader, whose frequently vacillating whims and fancies were indulged at will. Indeed, Shabbiest is known to have been â€Å"a lewd person,†13 and several accounts speak of him confiscating betrothed and virgin women for short periods of time in what were allegedly platonic arrangements. When it comes to the Frankest movement, the claims of immorality grow ten-fold, making Shabbiest look like a celibate. Egregious sexual behavior was the norm, with instances of incest and other licentious acts commonplace. As described by Dad Rapport-Albert: There is evidence to suggest that the discipline of sexual abstinence was broken intermittently by orgiastic ceremonies conducted at precisely those times?the holiest days on the Jewish calendar?at which the Sebastian had traditionally engaged in antinomian activity.Ruches Frank, for example, is said to have summoned to his private chamber three nouns women whom he forced to carry out â€Å"shameful acts,† â€Å"abominations† and â€Å"wherefrom and other forbidden acts† on the Day of Atonement of 1800, and Jacob Frank himse lf was reported early in his career to have presided over a secret ceremony at which all the â€Å"brothers† and â€Å"sisters† were to Join him and his wife in a darkened room where partners were exchanged in a collective sex-act.The coexistence of sexual abstinence and profligate rites of illicit sexuality, which is by no means unusual in the history of sectarian religion, was a characteristic feature of Sebastian from the start†¦ 5 The Frankest approach to unbridled sexual ecstasy, whose rationale was based upon Sabbaticals scatological teachings of removing the yoke of Halvah in preparation for the redemption, found itself in these acts of extreme sexual perversion.Indeed, as Pale Emaciate describes, the Frankest truly believed that these acts were correct and sanctioned by God: Samuel of Buss states that â€Å"it is permissible to have children and to have sexual intercourse with someone else's wife or one's own sister, or even?though only in secret?with one 's own mother†¦ ‘ had carnal relations with the wife of my son†¦ And I believe that all this is permitted because God commanded us to do thus. Other testimonies described the breaking of the prohibition of incest, having sexual relations with menstruating women, masturbation (also in public) as well as the practice of sexual hospitality whereby a host offered his wife or daughter to a stranger coming as a guest to his house†¦ The women interrogated by the Station belt din reported that they slept with strangers â€Å"upon the wish of their husbands,† who â€Å"told them it was a positive commandment. â€Å"16 According to the above, Frankest Hashish Judaism Approach to AsceticismRegarding the interaction between man's sexuality and his strive for spirituality, Hashish literature does not leave us wanting. The Maggie of Mechanize spoke of converting oneself into an â€Å"main† or â€Å"state of nothingness† during the act of intercourse. In an obviously physical act it is quite telling that the Maggie calls for the absolute negation of one's physical self. Essentially, the Maggie states that sex, while both an important and necessary part of life, is not an act which should induce Joy or pleasure. 7 The Magic's foremost pupil Rabbi Eliminate of Lichens (1717-1786) rived this teaching from a verse in Genesis 4:1 which states: â€Å"And the man knew Eve his wife; and she conceived and bore Cain, and said: ‘I have gotten a man with the help of the LORD. '18 The question asked on this verse was why the Biblical author used the word ‘know for intercourse instead of a more descriptive word for the action. The answer given was that Adam did not act correctly during intercourse.Instead of directing all his thought to concentrate on God in heaven, he focused on his wife and her physicality, as well as his personal sexual enjoyment, thus â€Å"knowing† err. As David Bible explained, â€Å"Dam's sin was not sexuality itself but the desire and physical enjoyment that was aroused in him while having intercourse. â€Å"19 Perhaps then, this is speaking of not only the prerequisite negation of one's physical interaction and enjoyment, but also of the necessity to shun one's mental involvement with the act of intercourse.This idea is quite analogous to Moodiness's remarks in More Invective, namely that â€Å"one should detach his thought from, and abolish his desire for, bestial things. â€Å"20 Just as the Hashish thinkers discussed the actions and emotions associated with the act of intercourse, so too did they instruct regarding the proper times when the sexual act is permitted. Such an idea is found in the writing of Menace Mendel of Katz (1787-1859), who is considered to be one of the strongest advocates for asceticism among first generation Hashish's. 1 He writes in his work Meet Vehemence about how the biblical infraction of illicit sexual relations may be applied to unnecessary r elations with one's wife, even those outside of the prohibited Indian period. 22 Such a view essentially prohibits one to engage in elation's with his wife unless there exists a valid Halfback reason (such as the Matzoth of Noah or Pre Reeve) for doing so. This idea is quite similar to the guidelines which Moodiness prescribes for the spiritually elite in More Invective, 23 that one should â€Å"reduce to the extent possible†24 engagement in the physical pleasures of the world.Rabbi McCann of Burbles (1772-1810) took ascetic practice a step further than others, to a level which has no parallel in Moodiness's writings. Rabbi McCann is known for his famous claim of â€Å"for me men and woman are the name,†25 meaning that not only had he restrained his physical actions, but that he had also completely conquered his innate sexual drive. Yet, in the Hay Maharani, Rabbi McCann seems to vacillate between intense euphoria on his supposed overcoming of sexual desire and deep de pression at the realization that such a desire had yet again returned to tempt him. 6 Perhaps such a state of mind drove Rabbi McCann to the extreme edge of the ascetic spectrum. Rabbi McCann, in several of the works ascribed to him, describes the idea of sexual lusts as the root of all human sin and desire. Thus, it may be said that Rabbi McCann strives to not only curb his sexual passions and avoid all forms of illicit sexuality (such as lascivious thoughts), but also to uproot and eradicate the innate human sexual drive from his conscience. 7 Such an audacious endeavor was not intended for the masses; rather, it was reserved for the elite few, and quite possibly for Rabbi McCann alone, of whom it was said, â€Å"was keen on asserting that he, the true Addict,' had achieved the supreme indifference to sexuality that the earlier masters had only preached. â€Å"28 The idea of guarding oneself to the extent of not attaining pleasure in the act of intercourse may be found in the as cetic practices of Rabbi McCann.True, Rabbi McCann recognized the significance of the act of intercourse in its role as facilitator of the fulfillment of Halfback obligations, yet he did not find anything attractive or pleasurable in the act itself. Rather, for him the act took on a feeling of actual physical pain: Copulation is difficult for the true Addict. Not only does he have no desire for it at all, but he experiences real suffering which is like that which the infant undergoes when he is circumcised. This very same suffering, to an even greater degree, is felt by the Addict during intercourse. The infant has no awareness; thus his suffering is not so great.But the Addict, because he is aware of the pain, suffers more greatly than does the infant. 29 Rabbi Manama's concept of experiencing the pain of circumcision during the sexual act finds itself on the extreme outskirts of Hashish thought. While, as mentioned above, some advocate for a connection to God as opposed to one's p artner during intercourse, and some like Moodiness discuss denying oneself pleasure in the act itself, very few go so far as to assert that one should have negative, painful feelings during intercourse in an effort to facilitate a parietal, as opposed to a physical, nexus.Rabbi McCann however, stresses that only through the negation of physical pleasure could the Addict consecrate the act of intercourse; only with the physical pain of circumcision could the Addict raise the coarse annalistic nature of the sexual act to a sanctified performance, one which beholds divine partnership within the process of procreation. 30 Manama's call for a prerequisite asceticism to facilitate a proper spiritual cleaving to God places him far beyond anything previously advocated by normative or Hashish Judaism. Yet, RabbiMcCann clearly states that this is the level of the Addict, and not that of the ordinary man. Several authors quote him as saying that â€Å"every man can be worthy of achieving this level,31† and indeed on a theoretical plane this may be true. Practically though, Rabbi McCann never demanded this of his followers, rather reserving these ascetic ideals for the true Addict, the elite core of the Hashish community, someone like Rabbi McCann himself. Conclusion Sexuality poses a unique challenge to the religious man: how can one synthesize the pleasures of the flesh with his spiritual beliefs?The answer, according to Moodiness and several Hashish thinkers, is found in individuals acts of asceticism, actions which go beyond the raw restrictions and requirements of Halvah, deeds which serve to redeem the religious man from his bestial and perhaps even sinful instincts. While the need for such actions is agreed upon by both Moodiness and the Hashish thinkers, the extent to which they must permeate man's existence is a matter of controversy. Moodiness ‘s higher spiritual man is placed on par with the average spiritual man in Hashish thought, while the Hashi sh Addict, according to RabbiMcCann, takes upon himself ascetic measures far beyond those advocated for by Moodiness. As discussed above, I believe that this Hashish tendency towards asceticism came about, in part, due to its many shared factors with the Sebastian movement and desire to distance itself from the sexual immortality found among the Sebastian and Franklins. Whereas normative Maidenhead Judaism advanced two set forms of ascetic behavior, the Hashish movement saw it necessary to expand on these ascetic guidelines in an effort to distance itself from its wayward, licentious neighbors.