Game Over Effects Of Video Game Use Essay - 1294 Words

Game Over: Effects of Video Game Use Clint Glover Professor Robert J. Dougherty LSTD 4953-Study in Depth 12/14/2015 I certify that I have read A Student s Guide to Academic Integrity at the University of Oklahoma, and this paper is an original paper composed by me for this course. Except where properly cited and attributed, it has not been copied or closely reworded from any other source and has not been submitted as a whole, or in part, for credit in any other course at OU or any other educational institution. It has not been created or submitted for any other purpose such as a job assignment at my workplace or any other agency. Game Over: Effects of Video Game Use â€Å"Video games are a ubiquitous part of almost all children s and adolescents lives, with 97% playing for at least one hour per day in the United States.† (Granic, Lobel, Engels, 2014). Video gaming is a billion dollar industry and its growing popularity with adolescents and young adults is becoming a part of everyday life for a majority of children in the modern era. Video games can have immense value and opportunity. They can be enjoyable and useful when used appropriately for entertaining or learning experiences. Society today seems to put an emphasis on the consequences of gaming. Gaming has even made national news when discussing the possibility that a violent video game can influence violent behavior. For the last decade, video game use has been researched more and more. With this newShow MoreRelatedThe Effects Of Playing Video Games On Adolescents1554 Words   |  7 PagesAdolescents Playing Video Games An Issue Analysis Essay Introduction: Are there people who have never played video games at least once in their adolescence? You might recall some happy memories of playing video games with your best friends or that your parents punished you because you spent a lot of time playing video games. Most school teachers and parents are apt to think that playing video games in adolescence might only have negative impacts on adolescents. Playing video games is considered oneRead MoreVideo Games Help The Mind Process Faster1607 Words   |  7 PagesVideo games have been around since the late 1950’s with the first game being a simple tennis match. Fast forward fifty years and we reach the creation of the PlayStation 2, Game Boy Advance, and the Xbox. It is now 2016 and the future of gaming is here. Video games have created a huge market for technology and business. Since the first video game being invented in 1958, there have been eight generations of new consoles created. Video gaming is a fanatic for people and it still is continuing to growRead MoreVideo Games : Video Game Violence Essay1693 Words   |  7 PagesVideo Game Violence Blood and gore, intense violence, strong sexual content, use of drugs. These are just a few of the phrases that the Entertainment Software Rating Board (ESRB) uses to describe the content of several games. The future of entertainment revolves around technology. Along with the evolvement of technology, video games are also changing. More ways of playing violent video games are created each year, but most of us have this question in mind; do violent video games influence peopleRead MoreThe Effects of Violent Video Games on the Young1575 Words   |  6 Pageslike the bad reputation rock and roll music received in the 1950’s, violent video games have been questioned and looked down upon as a newer form of influential media. 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Thousands of children and teens participate in these actions daily. How? Violent Video games such as Doom, Call of Duty, and Grand Theft Auto are just a few of the games that are full of these awful actions. The Harvard Mental Health Letter states, â€Å"The Pew Research Center reportedRead MoreThe Effects Of Video Games On Children And Society1523 Words   |  7 PagesMario Kart, Call of Duty, and Grand Theft Auto, are all wildly popular video games. Whether you are killing monsters or trying to amass as much gold as possible, people play video games as an escape into a virtual world from the reality we live in. Over the years, video games have acquired a tainted reputation for the violence often found in many popular titles. Although people view video games to be destructive to children an d society, studies have shown numerous medical, social, as well as psychologicalRead More video games Essay1559 Words   |  7 Pages The Effects of Video Games on the Body nbsp;nbsp;nbsp;nbsp;nbsp;In households with children, sixty seven percent of them own a video game system. The game industry’s worldwide video game annual sales reached over 25 billion at the end of 2004. So the concern for the health of video game players is increasing. Video games have many different effects on the health of people. Some experiments have found video games to have a dramatic effect, while other experiments have found them to have littleRead MoreEffects of Violent Video Games on Children Essay1660 Words   |  7 PagesEffects of Violent Video Games on Children The use of video games has become tremendously popular among children and adolescents in the past decade. In fact, â€Å"Sixty-eight percent of U.S. households play computer or video games.† (David Jenkins, 2009) This statistic reveals how important it is to understand the effects that these games can have on individuals and more specifically, children. Over the years, numerous studies have been conducted investigating whether video games have positive

Marketing Pl Ice Cream Manufacturing Company Essay

Introduction Adore Ice cream manufacturing company has its headquarters overseas and has now recently opened up a manufacturing plant in New Zealand for it to market its products. The marketing plan gives a short summary of Organic Ice Cream and our mission statement is to satisfy consumers with sustainable organic ice cream products. The main primary goal for the marketing plan is to introduce a plan for new organic ice cream in the market place. My main role as a marketing manager is to seek specialised and have expensive ice creams in a range where there is a unique differentiated and quirky flavours. The Adore Company wants to bring out a limited range of Organic Ingredients Based products in New Zealand so it can target specific needs in the market. My aim is to develop a successful marketing strategy which will launch the products and fill the gap in the market that is needed. Adore Ice cream wants to be nationally recognised, so it can have brand recognition to consumers, and have to potential to expand its market share and relish customer loyalty. Adore wants to look at other options instead of focusing on product such as ice cream and go into other categories, like sorbets. There is little competition in the organic ice cream market. Organic products are generally more costly than non-organic products, this will be a weakness. A strength is that the ice cream is fully organic with all naturally organic ingredients. We have to try satisfy the needs andShow MoreRelatedAmpalaya Cupcake15271 Words   |  62 Pages(Bitter melon) flavored cupcake that can be competitive enough to the local and global industry. Management Highlights The Management Highlights of BBS Corporation is classified into different departments and these are Administrative, Finance, Marketing, and Production in order to be specifying appropriate and needed skills and information. This will help the corporation work faster, easier, more efficient, and at the same time more productive as each of the department is varied according to theirRead MoreThe Mind of a Marketing Manager26114 Words   |  105 PagesThinking: The mind of a marketing genius Thinking: The mind of a marketing genius * Where are the best opportunities for your business today? How do you stand out in crowded markets? How do you deliver the best solutions for customers, and the best returns to shareholders? * Where should you focus amidst this complexity? What is your competitive advantage? Which markets, brands, products and customers should you prioritize in order to maximize value creation? Read MoreNestle Accounting Practices8557 Words   |  35 Pages-I Final Project Report Company – Nestlà © India Submitted By Rahul –PGP25259 Praveen – PGP25258 Pratyush – PGP25257 Prachal Mehrotra – PGP25255 Prajeesh Jayaram L – PGP25256 Sanjay Dhir – FPM10013 1. About Nestlà © Nestlà © is a food and package multinational with its headquarters situated in Vevey, Switzerland. The company came into being in 1905, after a merger between Anglo-Swiss Milk Company and FarineLactà ©e Henri Nestlà © Company. The company now has a strong presence worldwideRead MoreVarian Solution153645 Words   |  615 Pages30 40 Hours studying , 3.7 (0) Joan likes chocolate cake and ice cream, but after 10 slices of cake, she gets tired of cake, and eating more cake makes her less happy. Joan always prefers more ice cream to less. Joan’s parents require her to eat everything put on her plate. In the axes below, use blue ink to draw a set of indiï ¬â‚¬erence curves that depict her preferences between plates with diï ¬â‚¬erent amounts of cake and ice cream. Be sure to label the axes. (a) Suppose that Joan’s preferences are

Death Of Outrage Essay Example For Students

Death Of Outrage Essay William J. Bennett, secretary of education and chair of the National Endowmentfor the Humanities under President Reagan captured the public imagination withthe best-selling Book of Virtues, a compendium of other peoples writing thathad something to teach about morality. In his new book, Bennett advances his owncredo of right and wrong, and it is far less compelling. It is a slim book witha correspondingly slim premise: that the American publics failure to beoutraged at President Clintons lies about his private life is evidence of ourmoral and intellectual disarmament. The book has six brief chapterswith the grandiose titles Sex (first of course),Character, Politics, Law,Judgment ? and Ken Starr. Each chapter presents anitalicized Defense of President Clinton followed by Bennettsrefutation of that defense. Claiming to exercise sound reasoning,Bennett sets himself up as the arbiter of morality and American ideals. Theresult reads like a partisan screed. Bennett is outraged because so m anyAmericans are not outraged at the president, even if they believe that theallegations of sexual and criminal wrongdoing are true. Combiningthe words sexual and criminal is at the heart of Bennetts thesis? and his linguistic sleight of hand. Many people do not endorse thecriminalization of consensual sex. Bennett may not like this, but that does notmake him any more morals than they do. One might argue, in fact, that it evincesa higher moral sense to distinguish between covering up crimes and a situationin which the only crime is the cover-up. Bennett repeatedly refers tocrimes, felony crimes, criminal conduct, 284words criminal allegations, criminal wrongdoing,criminal conspiracy, and criminal cover-up ?accusation by accretion and repetition rather than reason. Ah, words words. Bennetts language reveals a pervasive double standard. Defenses of Clinton arethe words of hired guns, spinners and partisans. He attributes thearguments he refutes to Clinton defenders, Clintonloyalists, Clinton apologists, and feminists. (Wedo not read of Starr defenders, loyalists or apologists, or of Clintonattackers, haters or enemies.) All these label great, but the wordapologist is particularly underhanded: It reframes explanations anddefenses as apologies, implying unspecified misdeeds. In Starr, Bennett seesonly clumsiness, missteps, lapses of politicaljudgment and a certain tone-deafness. Ignoring criticism ofStarr from a wide variety of sources, including former special prosecutors andindependent counsels from both parties, he blames Starrs low popularity ona well-orchestrated and relentless smear campaign ? even as hedismisses Hillary Clintons reference to a vast right-wingconspiracy against her husband as fantastic. Bennettssubstitution of implication for reasoning is pa rticularly evident in an appendixthat juxtaposes statements made about Watergate with statements made about thecurrent scandals: for example, quotes by both Nixon and Clinton that they wouldlike to get on with the job of running the country. These juxtapositions implythat the substance of the scandals is comparable. But the most revealingcomparison with Watergate actually comes early in the book: Bennett suggests athought experiment which describes moves that actually occurred inWatergate as if they had covered up a sexual liaison ? actions such asbreaking into a psychiatrists office in search of information to discredit awitness, pressuring the IRS to investigate reporters, and establishing aslush fund to pay hush money. Bennetts purpose is to 320 words ask,If we are willing to forgive Clintons lying to cover up a sexual affair, wouldwe excuse any misbehavior on those grounds? But the section actually has theeffect of dramatizing how much more egregious the events of Watergate were . There are other instances in which Bennetts examples support the opposite ofwhat he supposes. He writes, Interpreting the actions of a presidentsolely through a legal prism habituates Americans to think like lawyers insteadof citizens . . .. The letter of the law is too cold and formal to have abeneficial influence on society. But in this spirit, legal terms likeobstruction of justice and suborning of perjury conjureup, in most peoples minds, matters far more weighty than engaging in and tryingto cover up illicit sex. In rejecting this legal prism, manyAmericans are thinking like citizens rather than lawyers. Faulty, slippery slopearguments abound. For example, after quoting citizens who said, of Clintonssexual behavior, Who are we to judge? Bennett writes, Withoutbeing judgmental, Americans would never have put an end to slavery, outlawedchild labor, emancipated women, or ushered in the civil rights movement.But the distinction between private acts like having sex and public offense slike slavery, child labor, and forbidding women and blacks to vote is preciselythe distinction many Americans are making ? and it is a highly moral one. .u28500bbc3630a682ee9918e06e004eb8 , .u28500bbc3630a682ee9918e06e004eb8 .postImageUrl , .u28500bbc3630a682ee9918e06e004eb8 .centered-text-area { min-height: 80px; position: relative; } .u28500bbc3630a682ee9918e06e004eb8 , .u28500bbc3630a682ee9918e06e004eb8:hover , .u28500bbc3630a682ee9918e06e004eb8:visited , .u28500bbc3630a682ee9918e06e004eb8:active { border:0!important; } .u28500bbc3630a682ee9918e06e004eb8 .clearfix:after { content: ""; display: table; clear: both; } .u28500bbc3630a682ee9918e06e004eb8 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u28500bbc3630a682ee9918e06e004eb8:active , .u28500bbc3630a682ee9918e06e004eb8:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u28500bbc3630a682ee9918e06e004eb8 .centered-text-area { width: 100%; position: relative ; } .u28500bbc3630a682ee9918e06e004eb8 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u28500bbc3630a682ee9918e06e004eb8 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u28500bbc3630a682ee9918e06e004eb8 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u28500bbc3630a682ee9918e06e004eb8:hover .ctaButton { background-color: #34495E!important; } .u28500bbc3630a682ee9918e06e004eb8 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u28500bbc3630a682ee9918e06e004eb8 .u28500bbc3630a682ee9918e06e004eb8-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u28500bbc3630a682ee9918e06e004eb8:after { content: ""; display: block; clear: both; } READ: Computer, Internet, Privacy INTERNET REGULATION: POLICING CYBERSPACE T EssayBennett displays contempt for average Americans, calling us fools because we donot view the president the same way he does. Rather than seeking to understandthe moral underpinnings of positions others take, he dismisses them as debased,lacking in morality. The people may be the wiser ones when they refuse to reducecomplex notions of character and morality to personalsexual conduct. How about the morality of a country as wealthy as the UnitedStates being the only modern industrialized society that does not provideuniversal 308 words health-care coverage to all its citizens? Or the morality ofthe eve r widening gap between rich and poor? In this light, when voters say theycare more about the economy or health care than about Monica Lewinsky, they arenot just expressing petty self-interest; they are also taking moral stances. Tomy mind and perhaps to the minds of those Bennett deplores, the real moralquestion is not: Did he or didnt he have sex/ lie about it/ apologize for it,but How have we all participated in and been sullied by a political, legal andjournalistic system that has focused public attention on the presidents privatelife rather than the many problems facing the country and the world? Many whorefuse to support the presidents impeachment do not defend his sexual behavior. They just say that this behavior should not be the object of an expensiveinvestigation and media coverage. Bennetts diatribe is unfair because it isunbalanced. He blames only Clinton, and rejects or ignores any roles played byothers. The public is not incapable of outrage; they simply have differentobjects for it than Bennett would like them to. There is plenty of outrage atLinda Tripps betrayal of friendship when she (illegally) taped conversationswith Monica Lewinsky and turned them over to lawyers deposing Clinton, leadingto his denials that constitute the much-touted lying under oath, butthis does not count as morality for Bennett; instead, it irritates him. Why all the venom directed at Ms. Tripp? he asks. Many also feeloutrage at the pouring of public funds into an independent counsel investigationthat moved far afield from the Whitewater events it was initially charged withinvestigating. When allegations against the president reached a crescendo, sodid his approval ratings. Bennett sees this as indifference, which he bemoans,as an abandonment of longstanding 317 words American ideals. But theapproval ratings didnt just stay the same; they shot up. This is not a sign ofindifference. It is a backlash, an expression of outrage against what I callthe argument culture ? relentless attacks on figures like thepresident by political opponents and the press. There are many who agree withBennett that no president should be above the law, but also feelthat a president should not be pursued with laws that would not be applied toother citizens. Such sentiments uphold the longstanding American ideal offairness. Bennett sees the public giving licens e not only to Mr. Clintonscorruption but possibly to our own as well. But jumping on the bandwagonof denunciation gives license to future overzealous prosecutors, civillitigants, and political opponents to try to destroy leaders they dislike bylaunching assaults on their private lives and character rather than debatingthem on the issues. According to critics dont look for President Clintonspicture in The Book of Virtues; best-selling author and former Secretary ofEducation William J. Bennett considers Bill Clinton uniquely unvirtuous. In thewake of the White House intern sex scandal, Bennett accuses Clinton of crimes atleast as serious as those committed by Richard Nixon during the Watergateimbroglio. Rising above anti-Clinton polemics, The Death or Outrage urges theAmerican publicwhich initially displayed not much more than a collectiveshrugto take issue with the presidents private and public conduct. Clintonshould be judged by more than the state of the economy, implores Bennett. Thecommander in chief sets the moral tone of the nation; a reckless personal lifeand repeated lying from the bully pulpit call for a heavy sanction. The Americanpeople should demand nothing less, says the onetime federal drug czar. In eachchapter, Bennett lays out the rhetorical defenses made on Clintons behalf (thecase against him is only about 279 words sex, harsh judgmentalismhas no place in modern society, independent counsel Kenneth Starr is a partisanprosecutor, etc.) and picks them apart. He may not convince everybody, but thisis an effective conservative brief against Bill Clinton Today we see littlepublic outrage about Bill Clintons misconduct. With enormous skill, thepresident and his advisors have constructed a defensive wall built of bricksleft over from Watergate: diversion, half-truth, equivocation, and sophistry. Itis a wall that has remained unbreached. Until now. In The Death of Outrage: BillClinton and the Assault on American Ideals, former cabinet secretary andbes t-selling author William J. Bennett dismantles the presidents defenses,brick by evasive brick, and analyzes the meaning of the Clinton scandals: whythey matter, what the public reaction to them means, and the social andpolitical damage they have already inflicted on America.

The art of losing Essay Example

The art of losing Paper This essay is mainly focused on Elizabeth Bishops poem One Art, and the recurrent theme of losing, depicted as an art, or as the poet might say: the art of losing. This paper will also focus on the poems form and the way in which the usage of certain conventions, such as tone, language, syntax (adjectives, adverbs and verbs) and form help to convey the poets message, which suggests that loss can lead to the mastery of the art of losing. The poems title conveys the suggestion that its contents deal with the theme of art, which may be considered an irony; in the sense that as the reader goes through the lines he realizes that the poem is not about art, but about the art of losing. This art, as suggested in the poem, resembles an acquired and accomplished skill that results from the experience of losing insignificant things, which will lead, throughout the experience gained, to an art of losing rather important things in life. The art of losing and the poems form Elizabeth Bishops poem is structured in a way in which one may notice the poets struggle in expressing herself. It seems as she is trying to state something different to what is being expressed. Chief among these conceptions there is a powerful sense of loss. She is able to achieve all this throughout the manipulation of language and form. Even the tone of the poem seems to avoid the real intended argument that the form of the poem tries to put forward (which will be discussed throughout this essay). As mentioned before in the introduction, most of the poem is filled with irony. We will write a custom essay sample on The art of losing specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The art of losing specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The art of losing specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The first and most important indication of such irony is depicted in the refrain line: the art of losing isnt hard to master (line 1). Throughout this ironic indication it becomes obvious that this poem is not about art, but about the art of losing, which becomes a skill that can only be acquired and accomplished through countless hours of practice. The irony held in the poem becomes evident by revealing that losing is an art. Without a doubt, it is ironic to see how a frustrating and difficult part of life can be considered an art. The tone also changes in each of the stanzas. In the first stanza, Bishop speaks in tones of a rather experienced woman who has gone through situations which lead her to assert that with the intent to be lost [ ] their loss is no disaster (lines 2-3). This, however, resembles the daily loss of keys, and time. Such parallelisms of lost things provide a temporary distraction that repels the reader away from the force built in the poem. Apparently the poet tries to hide her pain caused by the loss of a dear one, thinking that by embracing loss, she can master the art she is longing to obtain, the art of losing. In the second stanza Bishop suggests the reader, throughout the usage of imperatives, to lose something every day and accept the fluster (line 4). Through the usage of imperatives and by sounding dominant, Bishop tells the reader that the art of losing isnt hard to master. The only thing that is left is to accept the fluster of lost door keys, the hour badly spent(lines 4-5). Up to this point it seems as if the poet is trying to provide the reader with a guide devoted to the mastering of art losing. Suggesting that by following her simple advices, the reader can, too, achieve such art. It seems as if Bishop is trying to put forward the philosophical reflection of the first stanza throughout imperatives and a second person speaker. The third stanza intensifies the intention of the previous stanza in being developed as a command with a simple shift to then(line 7). Bishop puts forward an increasingly dynamic agenda devoted to loss, she commands the reader to practice losing farther, losing faster(line 7), but now she is not losing simple things. Bishop goes from losing simple things to losing places, and names, and where it was you meant to travel (line 8). It appears as if she is simply shifting the tone to a confessional one, since it has become evident, up to here, that Bishop is the one who speaks, which will become evident in the following stanza, she addresses the reader and shares her own experiences. Throughout the poem, the changes in tone and speaker bestow the poets efforts to cover up her true feelings. She goes from denying the importance of losing significant, but rather essential things, to the loss of personal belongings. The usage of colloquial language intensifies the poems emotional power that has been hidden until now. The rhyme scheme Bishop employs and the usage of the villanelle appeal to put forward the intention and message of the poem, apart from lessening the seriousness of Bishops true feelings. The poem in the fourth and fifth stanzas gains intensity, since the poet refers to the loss of properties, and places.

The Contribution of Religion to Society and Culture Essay Example

The Contribution of Religion to Society and Culture Essay Example The Contribution of Religion to Society and Culture Paper The Contribution of Religion to Society and Culture Paper Religion can make a deep contribution to how we understand and see ourselves as human beings. As Tim said before, religion contributes to culture, society, music, architecture, the arts and how we view the world. One aspect that has been heavily influenced by religion is Art. The paintings that are based around religion are some of the most recognised and inspiring pieces of art in history. For example, paintings in the Sistine Chapel such as ‘The Creation of Eve’ and ‘The Creation of Adam’ by Michelangelo are among the most famous paintings in the world, which are influenced by religion. Religion discusses the ‘meaning of life’, including questions such as ‘Who am I? ’, ‘Is there life after death? ’, and ‘Is there a God?. Answers to these questions bring comfort, a sense of belonging and meaning to certain cultures and societies. It brings an individual self worth and happiness, and the feeling that they have something to live for. This is one of the main reasons people decide to follow a certain religion – to bring them happiness and to do right by their religion, therefore contributing positively to society. However, religion does not always have a positive contribution to society and can encourage violence when religious believers are convinced that their view is being challenged. This can lead to outbreak of wars. This has happened in the past and is happening now and causing great devastation throughout the world. One of the most recent wars about religion was between the Muslims and the people of Israel in the Gaza Strip. In conclusion, religion has many positives when contributing to society and culture. However, it can cause negatives when it gets out of control, leading to hostility. Many religions send across the same message, and have the same values. When these values are taken upon, it can have a huge positive impact on a person’s life, giving them renewed hope and a positive outlook on life.

Explain the circumstances in which rights and Essays

Explain the circumstances in which rights and Essays Explain the circumstances in which rights and Essay Explain the circumstances in which rights and Essay Explain the fortunes in which rights and duties arise or continue after the employment relationship has ended. Explain the historical development of the countries that you choose to discourse. Introduction It is clear that whilst most employment rights and duties arise and apply in relation to the relationship which exists between employer and employee during the period in which the employment contract exists. However, this is by no agency ever the instance, there are state of affairss in which both employers and employees will hold legal duties towards each other after this relationship has ended. It will non be possible to cover all these state of affairss in the undermentioned work, but this essay will dwell in an effort to pull attending foremost to the go oning duties which are of import to the employer, viz. the duty on the employee non to unwrap confidential information gained in the class of their employment. Second it will analyze the duties and rights which are of import to employees. The first of these is with respect to mentions from the former employer the proviso of which may give rise to a claim in civil wrong for the former employee, depending on the fortunes. The 2nd a nd reasonably recent development in relation to employees relates to the anti favoritism statute law. The protection under this statute law now extends to protect employees after the employment contract has ended in certain fortunes. Third the essay will look at some of the procedural rights and duties which arise after the employment contract has ended. In this subdivision I will concentrate on the modified statutory disciplinary and dismissal process and statutory grudge process which come into drama after the employment contract has ended and the duty on the portion of the employer to give grounds for a dismissal after the effectual day of the month of expiration. Competition by Ex-employees In certain fortunes employers can keep the activities of their employees even after the employment contract has ended. The employers will be entitled to protect their legitimate trade involvements in two ways. First they may trust on the responsibility of trueness and fidelity which implies into the employment contract a term of confidentiality which extends to ex-employees. Secondly employers may include a restrictive compact in the employment contract which restrains the employee from transporting out certain activities. Covering chiefly with the responsibility of trueness and fidelity, it seems clear from the instance jurisprudence that the responsibility will merely be invoked if the breach takes topographic point before the employment ceased. [ 1 ] Second the tribunals are more likely to keep the usage of touchable information than intangible information. So for illustration in the instance ofRobb V Green[ 2 ] the ex employee was restrained from utilizing a list of his employer’s clients which he had copied before go forthing his employment for his ain advantage. If the information which the employee is utilizing is non written the tribunals will be loath to keep the employee. [ 3 ] A differentiation will besides be drawn between the employees general cognition and single accomplishment of the employee which he may hold gained in the class of his employment and something which out to be regarded as a trade secret and deserving of protection by the employer. [ 4 ] The instance ofFacenda Chicken Ltd v Fowler [ 1986 ] ICR 297upheld the being of an implied responsibility in relation to utilize and revelation of information, but restricted it to merchandise secrets and specifically distinguished information which had become portion of the employees own accomplishment and cognition. The Court of Appeal in this instance besides drew attending to the inquiry of whether the employer expressed the confidentiality to the employee. This was relevant though non deciding. In the instant instance information associating to gross revenues which the employee attempted to utilize after his employment with them ended, was held non to be a trade secret on the face of it and the emp loyers had non done plenty to show its confidentiality. The information in inquiry need non be complicated and proficient, but it must decently be regarded as confidential. In the instance ofThomas Marshall ( Exports ) Ltd V Guinle[ 5 ] Megarry VC laid out four elements to the trial for confidentiality which are as follows: The proprietor of the information must believe that its information the release of which would be deleterious to the employer or advantage his challengers. The proprietor must believe the information is confidential and non in the public sphere. The above beliefs must be sensible. The information will be judged in the visible radiation of the peculiar industry and trade patterns. One extra point to observe in relation to the implied responsibility of trueness and fidelity is that it has been held that in certain fortunes the public involvement will necessitate that the information in inquiry is disclosed to those who have a proper involvement in having it. [ 6 ] For illustration where the information relates to misbehave on the portion of the employer, the employee will non be restrained from informing the relevant regulative organic structure. In footings of redress, the most appropriate redress for the employer will be an injunction to forestall the employee utilizing confidential information and amendss for breaches of the implied responsibility which the employee has already committed. The 2nd manner in which an duty might originate on the portion of the employee to act in a peculiar manner after employment has ended is if their employment contract contains an express restrictive compact. The fact that the implied responsibility discussed above is comparatively limited in scope means many employers frequently prefer to utilize this signifier of contractual term. However, to be enforceable the term must protect a legitimate concern involvement. It is non possible to expressly forbid competition. Because the clauses seek to curtail the manner in which the ex employee does concern after his employment has ended, the philosophy of restraint of trade will besides use. Therefore the term will be leading facie nothingness and merely enforceable if it’s sensible. It has been held that in this respect it must be sensible in mention to the involvements of the parties concerned or the public â€Å"so framed, so guarded as to afford equal protection to the party in whose favor they are imposed, while at the same time†¦in no manner deleterious to the public.† [ 7 ] The load is on the employer to set up rationality and must be no more than moderately necessary to afford the protection sought. The rationality must be judged at the clip the contract was made. [ 8 ] It will besides be judged on a instance to instance footing with the peculiar trade or concern in head. The length of the restraint and the geographical country which it covers are things which will be taken i nto consideration. There must besides be a legitimate proprietary involvement in the topic of the term. As with the implied term of trueness and fidelity, the employer can non curtail the employee from viing utilizing the cognition and accomplishment with which the employment has equipped him, merely personal cognition of trade secrets or connexions, employees or providers which were acquired from his employers and which may disfavor them. [ 9 ] The tribunals attack to construing these clauses has non ever been consistent. For illustration in the instance ofLittlewoods Organisation Ltd V Harris[ 10 ] Lord Denning took a broad ranging clause which prevented the ex employee working for any rival companies or subordinates throughout the universe and implied into it restricting words so as to curtail it to the portion of the concern which the employer was moderately allowed to protect. However inJA Mont UK Ltd V Mills[ 11 ] the Court of Appeal struck down a clause that prevented the ex employee working for a specific challenger for one twelvemonth. Their logical thinking was that there was â€Å"no effort to explicate the compact so as to concentrate on restraint necessary to guard against possible abuse of the information, the lone legitimate mark for enforcing any restraint on future employment.†[ 12 ] Employers would be good advised to follow a restrictive attack to these compacts as it is non ever clear how generous the tribunals will be in construing clauses which impose duties on the employee after their employment has ended. It does now seem clear that if the terminal of the employee’s contract has come about because of a breach on the portion of the employer, such as unlawful expiration the employer will non be able to implement a restrictive compact restricting the activities of the employee. This was the attack in the early instance ofGeneral Billposting Ltd V Attkinson[ 13 ] . There was some difference amongst the tribunals as to the consequence of a clause which restricted station expiration activities howsoever the expiration came approximately, for illustration â€Å"whether lawful or unlawful† . For a clip the tribunals focused on the specific building of the clause and hence in the instance of a clause such as this the employer would be able to implement it irrespective of a unlawful expiration. However the instance ofRock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 14 ] eventually settled the affair in favor of the former attack. There are two chief justifications for this. First, the premature and unlawful expiration of the contract deprived the employee of full consideration in exchange for which he accepted the station expiration restraint. Second, the unlawful renunciation, as unlawful expiration would be, puts an terminal to the full contract and hence releases the employee from any of his duties under it. It may be that the tribunals elect to break up the clause so as to take the offending parts of it and go forthing the remainder in tact. This will merely be done if the portion they are seeking to break up is independent from the remainder of the clause and the remainder of the clause makes sense without it. The tribunals will non compose a new a new compact or change the nature of the understanding. [ 15 ] It is clear so that the tribunals are prepare to accept that certain contractual duties, both implied and expressed, continue or arise after the contract has come to an terminal. They are likely to take a reasonably restrictive attack to how far the antique employee can be restrained in his future employment or trade and they will merely let their activities to be restricted to the extent perfectly necessary to protect their former employer’s involvement. Mentions The proviso of a mention by an employer will evidently take topographic point after the employment contract has come to an terminal. Whilst the employer is under no duty to supply a mention, if he does take to make so there is an duty that it be accurate. If they do non they may go apt in civil wrong to both the subsequent employer who relies on the mention and the topic of the mention. [ 16 ] There are three possible causes of action for the employee. Defamation and malicious falsity are comparatively noncontroversial, but it now seems that the employee may hold a cause of action in negligent misstatement. This relates back to theHedley Byrne and Co v Heller[ 17 ] opinion that recovery can be made for pure economic loss where a particular relationship exists between the parties. With respect to defamation the mention is protected by qualified privilege, since the employer and possible employer have an involvement in it. [ 18 ] However this defense mechanism is lost if it can be shown that the individual giving the mention is motivated by maliciousness. The suspect must hold an honest, positive belief in the truth of what he publishes. If he publishes recklessly will be treated as if he knew it was false. [ 19 ] The employee will non be able to avail himself of this cause of action if he implicitly consented to the publication. In the instance ofFriend v Civil Aviation Authority[ 20 ] the employee accepted a disciplinary codification as portion of his employment contract. It was held that he thereby explicitly consented to the republication of a peculiar ailment as portion of a disciplinary procedure and he could non therefore complain about its republication in a mention. The 2nd cause of action for the employee would be deleterious or malicious falsity. In this instance the employee must demo that the employer made the statements maliciously, meaning them to do him damage. [ 21 ] It needn’t sum to an onslaught on the claimant’s character as with calumny. The tribunals did look to be traveling in the way of accepting that the referee owed a responsibility of attention in carelessness to the employee as the topic of the mention. In the instance ofLawton V BOC Transfield Ltd[ 22 ] Tudor J held that the employee relied on the referee to give an accurate mention and there was sufficient propinquity and foreseeability for a responsibility of attention to originate. The responsibility was to take sensible attention to guarantee that the sentiments stated are based on accurate facts. The House of Lords eventually confirmed this responsibility of attention in the instance ofSpring V Guardian Assurances[ 23 ] . They held that the Hedley Byrne demands were present. Furthermore, they held that the balance of public involvement favoured that a redress in carelessness be available. Whilst the mention is required to be accurate it is non necessary, to get away liability, that it be to the full comprehensive. The responsibility is to take sensible attention non to give deceptive information whether as a consequence of below the belt selective proviso of information or by the inclusion of facts and sentiments in such a mode as to give rise to a misguided illation in the head of a sensible receiver. [ 24 ] If the employer mentions a ailment which has non been brought to the employee’s attending the employer may be in breach of the implied term of trust and assurance. As a consequence of this the employee may be able to claim to hold been constructively dismissed. [ 25 ] The employer is now besides under a responsibility non to know apart against the former employer on the footing of sex, race or disablement. This will be discussed at length in the undermentioned subdivision. In drumhead when the employment relationship comes to an terminal and an employer agrees to supply a mention for the former employee a duty arises to supply and accurate history of the employee. The employee has the option of several causes of action in civil wrong if the employer does non follow with this duty. Post- Employment Discrimination The right on the portion of the employee non to be discriminated against has late been held to outlast the employment contract. This right stems form the anti favoritism statute law, The Sex Discrimination Act 1975 ( SDA ) , The Race Relations Act 1976 ( RRA ) and the Disability Discrimination Act 1995 ( DDA ) . The relevant instance wasRelaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions( The Relaxion instance ) . These dealt with the inquiry in each of the three Acts consecutively. In order to understand the determination in the Relaxion instance it is necessary to look at the relevant statute law and the history taking up to that determination. The relevant subdivisions of the anti favoritism statute law are as follows: Section 6 ( 2 ) of the SDA 1975 Section 4 ( 2 ) of the RRA 1976 Section 4 ( 2 ) of the DDA 1995 With respect to the SDA and the RRA the employer is prohibited from know aparting against a individual â€Å"employed by him† . The DDA prohibits favoritism against person â€Å"whom he employs† . The inquiry is whether these phrases can be interpreted to widen to actions taken by the employer after the contract of employment has ended, i.e. after the effectual day of the month of expiration. The instance ofAdekeye v Post Office[ 26 ] the Court of Appeal held that the RRA did non use to favoritism which occurred after the employment contract had ended, so an employee who suffered race favoritism during an entreaty against dismissal was non protected by the statute law. The place in relation to arouse favoritism was thought to be the same. However the European Court of Justice held in the instance ofCoote V Granada Hospitality[ 27 ] that the Equal Treatment Directive 76/207 EEC did use to a state of affairs where the employer refused to give the employee a mention because he was know aparting against her on the evidences of sex. When theRhys Harper V Relaxioninstance came to the Court of Appeal the tribunal surprisingly confined Coote to its facts and held that the employer’s refusal to look into a sexual torment claim did non conflict the SDA because it occurred after the employment had ended. The Court of Appeal besides refused to revisit the Adekeye determination in the visible radiation of Coote when the D’Souza instance came before them. The two instances along with a figure of disablement favoritism instances headed by that ofJones v 3M Health Carewent up to the House of Lords and were heard consecutively. The instance hinged on the reading of the three subdivisions notes above. The House held that there was no discernible difference between the three. Lord Hobhouse stated: â€Å"These legislative acts should be read as lending to a developing strategy of anti favoritism jurisprudence and as such the words should non without good ground be given different reading as between one of the legislative acts and another. They are non legislative acts to be officially read with each other, but they are legislative acts which reflect a consistent ( though developing ) legislative policy.† The House held that the statute law could be interpreted to widen past the effectual day of the month of expiration so long as a sufficient connexion could be proved between the post-employment favoritism and the employment. The indispensable logical thinking was that the favoritism statute law applies to the full employment relationship which can go on after the effectual day of the month of expiration of the employment contract. The House of Lords could see non ground to randomly stop the protection of the employee on the effectual day of the month of expiration if they were still holding traffics with the employer stemming from their former employment. It should be noted that the D’Souza instance was still dismissed because it concerned a refusal to re-instate the employee allegedly on prejudiced evidences. The House of Lords held that because re-instatement was a statutory redress provided for unjust dismissal it did non fall within the range of the RRA. Coincidentally, the anti favoritism statute law has undergone a recent inspection and repair in response to the EC Directive on Race Discrimination and Framework Employment. The SDA and RRA Amended Regulation 2003 now explicitly province that favoritism continues to be improper after the employment relationship has ended ‘where the favoritism arises out of and is closely connected to that relationship’ Similar commissariats were incorporated in the amended DDA which came into force in October 2004. It is deserving observing that the RRA ordinances merely apply to favoritism on the evidences of race or cultural or national beginning ( non color or nationality ) which might intend that D’Souza continues to use more widely. The restriction in relation to re instatement is besides likely to last. To reason this subdivision it is now a clearly established rule, whether by instance jurisprudence or statute law implementing EC directives that the employees right non to be discriminated against continues after the official terminal of the employment contract. This is clearly a logical place for the jurisprudence to be in. There can be no sense in taking the protection from the employee on the precise effectual day of the month of expiration when certain parts of the employment relationship continue past this day of the month, for illustration the may wish to appeal against a dismissal or be provided with a mention. If they are non protected from favoritism during these proceedings they may good be loath to take portion in them at some considerable disadvantage to themselves. This would non be a satisfactory province of personal businesss for any anti favoritism undertaking. Some of these post employment procedural affairs will be discussed in more item in the undermentioned subdi vision. Procedural rights and duties which arise and continue post-employment Written Statement of Reasons for Dismissal An employee is entitled to be provided with a written statement of grounds for his dismissal under the Employment Rights Act 1996 s 92 ( 1 ) and ( 2 ) as amended by the Employment Rights ( Dispute Resolution ) Act 1998. The written statement may mention to paperss already given to the employee, but transcripts these paperss must be provided. [ 28 ] The employee must bespeak the statement with 14 yearss of the effectual day of the month of expiration. The employer is non required to supply a written statement of grounds if one is non requested save in two specific fortunes. The first is that the employee was pregnant at the clip of dismissal or on pregnancy leave. The 2nd is that they had taken clip off work because they have late adopted. In those fortunes the employer must supply a written statement of grounds to the employee whether they request one or non. Normally the employee must hold been continuously employed for a twelvemonth to take advantage of this subdivision, but once m ore this does non use to the two classs mentioned above. The punishments for failure are contained in Section 93 of the Employment Rights Act 1996 as amended. If an employer unreasonably fails to supply a statement on petition the Employment Tribunal will do a declaration as to what it finds the employers grounds for dismissal to hold been. If the employer purports to give grounds, but they are unequal or untrue he will be taken to hold failed to supply grounds. They must besides order the employer to pay the equivalent of two hebdomads pay to the employee. Two points can be noted about this subdivision. First, it used to be that the employee had to unreasonably ‘refuse’ to supply a written statement. The word ‘fails’ was introduced in the Trade Union Reform and Employment Act 1993. It clearly provided a wider right to the employee to do usage of subdivision 93 of the Employment Rights Act 1996. Second, subdivision 93 is penal in nature and as such the Employment Appeals Tribunal has hence held that it must be stiffly construed. The failure must be unreasonable. [ 29 ] Several rules have been developed around this demand. It will non be considered unreasonable, for illustration, if the employer candidly believes that there has been no dismissal. [ 30 ] It will besides non be unreasonable if the ground the employer gives is candidly what he believes to be the ground for dismissal. The court will non see whether it is a good or a bad ground. [ 31 ] The papers provided must be worded in such a manner that the employee and anyone else who he chooses to demo it to would be able to cognize from reading it why he was dismissed. [ 32 ] The employment court can non hear instances which arise from statements which the employer has voluntarily provided. In instances arisen out of written statements which have been requested the written statement will be admissible as grounds of the grounds for dismissal in any proceedings. [ 33 ] If the employer gives another ground in subsequent judicial proceeding the tribunal can either disregard it and keep the employer to his original statement or handle the statement as traveling to the employer’s credibleness. This in one illustration of a procedural right which arises after the employment contact has ended. Obviously this could non originate before such a clip as it relate specifically to dismissal and arises after the effectual day of the month of expiration. The Disciplinary and Grievance Procedures. It is common cognition that in the event of a contemplated dismissal the employer is under an duty to transport out a statutory three phase dismissal and disciplinary process ( DDP ) . The three phases are a statement puting out the employee’s alleged behavior, a meeting to discourse the affair and a right to appeal any subsequent determination. However this process may non be possible if the employment has already come to an terminal. A modified disciplinary process will use in the undermentioned fortunes: The employer dismissed the employee by ground of his or her behavior without notice. The dismissal took topographic point at the clip when the employer became cognizant of the behavior or instantly afterwards. The employer was entitled in the fortunes to disregard the employee without notice. [ 34 ] The Department of Trade and Industry Guidance suggests that this will merely be the instance in a really limited figure of fortunes. It is about ever unjust to summarily disregard an employee without probe, even in the face of evident gross misconduct. The modified process will besides non use where the employee presents their ailment of unjust dismissal before the employer has sent a written statement of evidences for dismissal. [ 35 ] The duty to supply a written statement of evidences for dismissal arises under paragraph 4 of the modified process contained in agenda 2 of the Act. The Disciplinary process will non use in the undermentioned fortunes: One party has sensible evidences for believing that get downing or finishing the process would ensue in a important menace to the party or their belongings or another party or their belongings. The party has been the topic of torment, defined by ordinance 11 ( 4 ) , and has sensible evidences for believing that get downing the DDP would farther the torment. It is non moderately operable to get down to DDP within a sensible period. These exclusions apply every bit to the criterion DDP, but one might conceive of them to be more likely to originate if the employee no longer works for the employer by ground of drumhead dismissal. Similarly there is a modified grudge process which comes into drama after the employee has ceased to be employed. [ 36 ] Efficaciously the modified process removes the demand for a meeting and allows the party to carry on the process by missive. Extra conditions for its application are Either the employer was unaware of the grudge at the clip of expiration or they were cognizant of it but the standard grudge process had non been complete before the expiration. AND The parties agree in composing to utilize the modified process. [ 37 ] In regard of this demand the understanding must associate to a specific grudge, it can non be a cover understanding to cover with all station employment grudges via the modified process. The same exclusions as with the DDP apply and neither the standard nor modified process where it is no longer operable for the ex-employee to compose a missive These modified processs provide utile illustrations of the manner in which some of the procedural demands of employment jurisprudence apply after the employment contract has ended. Decision I would reason by stating first that the affairs discussed above are by no agencies exhaustive of the ways rights and duties arise and continue after the employment contract has come to an terminal. What I hope to hold done is supply some recent and some more historical illustrations to exemplify the fact that in a assortment of fortunes the employment relationship does non come to an terminal at the effectual day of the month of expiration. This is so from both the employer and employees point of position. We have seen that the employee’s duty to keep confidentiality extends past the terminal of the contract for such a clip and in such a manner as is sensible to protect the involvements of the employer. The employer on the other manus is under a responsibility to supply an accurate mention after the employment has ended and continues to be prohibited from know aparting against the former employee during proceedings which arise from the employment, but which take topographic p oint after the effectual day of the month of expiration. Furthermore there are procedural issues which arise after the effectual day of the month of expiration and these have been specifically provided in the employment statute law. Employers and employees likewise would make good to retrieve that their relationship does non come to an immediate arrest at the effectual day of the month of expiration. The relationship implies several rights and duties which continue good after that day of the month. Bibliography Cases Robb V Green [ 1895 ] 2 QB 315 Facenda Chicken Ltd v Fowler [ 1986 ] ICR 297 Hart V Colley ( 1890 ) 59 LJ Ch 355 Printers and Finishers Ltd v Holloway [ 1964 ] 3 All ER 731 Thomas Marshall ( Exports ) Ltd V Guinle[ 1978 ] ICR 905 Gartide V Outman ( 1856 ) 3 Jun NS 39 Littlewoods Organisation Ltd V Harris[ 1977 ] 1 WLR 1472 Nordenfelt V Maxim Nordenfelt Guns and Amunition Co [ 1894 ] AC 535 Home Counties Dairies v Skilton [ 1970 ] IWLR 526 Spafax Ltd v Harrison [ 1980 ] IRLR 442 JA Mont UK Ltd V Mills[ 1993 ] IRLR 172 General Billposting Ltd V Attkinson[ 1909 ] AC 188 Rock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 1996 ] IRLR 675 Mason v Provident Clothing Co Ltd [ 1913 ] AC 724 Spring V Guardian Assurance [ 1994 ] ICR 596 Hedley Byrne and Co v Heller[ 1964 ] AC 465 Jackson v Happerton ( 1864 ) 16 CB ( NS ) 829 Horrocks V Lowe [ 1975 ] AC 135 Friend v Civil Aviation Authority[ 1998 ] IRLR Ratcliffe V Evans [ 1892 ] 2 QB 524 Lawton V BOC Transfield Ltd[ 1987 ] ICR 7 Kidd V Axa Equity and Law Life Assurance Association plc [ 2000 ] IRLR 301 TSB Bank Ltd v Harris [ 2000 ] IRLR 157 Relaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions Adekeye v Post Office [ 1997 ] IRLR 105 CA Coote V Granada Hospitality [ 1999 ] IRLR 452 Gilham V Kent County Council [ 1985 ] ICR 227 Charles Long and Sons Ltd V Aubry [ 1978 ] ICR 168 Brown v Stuart Scott and Co [ 1981 ] ICR 166 Harvard Scientists Ltd V Younghusband [ 1990 ] IRLR 17 Horsley Smith and Sherry ltd 5 Dutton [ 1977 ] IRLR 172 Legislation The Sex Discrimination Act 1975 The Race Relations Act 1976 Disability Discrimination Act 1995 Race Relations Act 1976 ( Amendment ) Regulations 2003 Sex Discrimination Act 1975 ( Amendment ) Regulations 2003 Disability Discrimination Act 1995 ( Amendment ) Regulations 2004 Employment Rights Act 1996 Employment Rights ( Dispute Resolution ) Act 1998 Trade Union Reform and Employment Act 1993 Employment Act 2002 ( Dispute Resolution ) Regulations 2004 Other The Law of Termination of the Contract. Robert Upex 7ThursdayEdition Jordan Publishing ltd 2006 Halsbury’s Laws of England. Employment ( Volume 16 ( 1 ) ( B ) ) Reissue Harvey on Industrial Relations and Employment Law Bulletin of the Commission’s Network of Legal Experts on the Application of Community Law on Equal Treatment. European Commission CE –V/2-03-003-EN-C

Education and its Methods Assignment Example | Topics and Well Written Essays - 1000 words

Education and its Methods - Assignment Example This paper shall look at the differences in the learning techniques from last week. A humanist approach that takes into account only the potential of the person as a whole may at times be misleading and detrimental to the process of development of a child. In theory, every facet of the child undergoes a change while a humanist model of education is followed by the teachers or the educators (Smith, 2003). However, this is not true. That is, it may not follow while the theory is being translated into practice. This may lead to problems whereby an aspect of a child that needs specialized attention is left out of the process of education or is not given adequate attention. Humanist education is also not easy to implement at a logistical level. In third world countries and even on certain first world countries, it is not possible to accommodate many children within a framework that provides a completely humanist form of education. As a result, it is necessary to temper any form of educati on that is taken with the positives of the others. In this context, it may be a good idea to describe a few details of the cognitivist school of learning theory. According to theorists who believe in the power of this form of learning, it is important to develop in learners the abilities to structure their own mind in such a manner that it would be easier for them to understand the new events and facts that are provided to them. In a certain course of time, they shall attain the necessary abilities for the purpose of understanding new facts on their own. This mode of learning depends on installing in a person the apparatus for further learning (Mergel, 1998). An integration of these systems may lead to complications whereby the best in both may not be utilised and the negatives of both may be inculcated in it. There may, however, on the brighter side, also develop a system that has the positives of both. This system may be able to provide specialized attention to the problem of chil dren and also develop their particular skills while also developing them as a whole. While providing children with nothing but theoretical models that do not interact, one runs the risk of losing out on motivating the child. Setting the child within a system where there is no change in the conditions of learning may lead to the child not feeling a sense of ambition which is essential for the development of a mindset that is conducive for the reception of facts. Motivating a child to create such a mindset is extremely necessary for his or her further development. This development needs to have a solid basis and this can proceed from an understanding of one’s strengths and weaknesses, both of which may then be assessed according to the cognitivist and the humanist schools of learning theory. This can then also be tied to the aspect of self-regulation that needs to be a part of the education of a child. This regulation can proceed from an understanding of one’s talents an d needs when faced with the world. This needs an understanding of the world and one’s position in it and also knowledge of one’s talents that may be put at the service of the world. This can then be used for a regulation of the manner in which education is conducted. The biological bases of learning and memory also need to be taken into account while looking at methods of imparting education to children. The age of the