Discussing psychologist perspectives and their use Essay Example for Free

Discussing psychologist perspectives and their use Essay Cognitive- This approach is portrayed by two theorists; Jean Piaget and George Kelly. This perspective refers to age-related changes in knowledge and acts of knowing plus understanding. Research shows that this approach is the best treatment practised for almost every single disorder, another positive point to this perspective is that its really quick with lasting changes; it also helps people become more confident and boost people with learning difficulties self-esteem. Its also very easy and works for a majority of people. The negatives to this perspective are that it can be seen as non-person centred, its not effective for lower functioning clients, and some clinicians feel that it doesnt address other issues. This can be used in health and social care through helping individuals who misread situations, as this approach mainly helps people with learning difficulties so it can help certain individuals come to terms with some irrational thoughts they may have. Biological- This perspective is about the view of personality that focuses on the way behaviour and personality are influenced by neuro-anatomy, biochemistry, genetics or evolution. This perspective also helps people understand how and why we have a certain diseases. The positives to this approach; the more we know about the brain, the more we should be able to explain how we operate and to understand what makes us tick. Also the main strength to the biological approach is that chemotherapy, ECT and psychosurgery can be used to treat the symptoms of abnormal behaviour directly and in a very short time. The negatives to this approach are the risk of side effects- e. g. in case of chemotherapy there is the risk that patients may become psychologically and physically dependent on the drugs involved. Symptoms often recur when the treatment stops, so many patients have to be re-admitted to hospital. It also raises serious ethical issues. Other things people look upon as negative is the fact that its hard to determine the extent to which genetic inheritance influences behaviour. This perspective can be used in health and social care through the use of developmental norms, this means making sure that a young child is developing properly, so that their behaviour and understanding matches that if their chronological age.

Design Liability under National Engineering Contract (NEC)

Design Liability under National Engineering Contract (NEC) Design Liability under NEC Problem Every construction or engineering project is generally designed and occasionally defects occur as a result of defective design. These defects if possible then have to be rectified and this has associated costs. Where interested parties cannot agree on which of them is responsible for the defect they often seek a legal remedy to allocate costs. To avoid this legal entanglement the majority of construction projects are carried out under the relative control of a contract that identifies the party that is responsible for the design. The degree of liability depends on how the design responsibility has been allocated under the contract. However, the complicated interaction of various legal elements with contractual provisions can consequently make this difficult to determine. For practical use a contract should allow for the incorporation of clear acceptable levels of liability to both parties. Research by Gaafar and Perry (1998) suggests using a contract that allows for a spectrum of liability such as the NEC/ECC. This allows the level of responsibility to be tailored to the individual project by the inclusion of secondary clauses. Another consideration that must be investigated is that even if the design responsibility is not allocated under the contract, or no written contract exists, a level of responsibility under tort almost always exists. This responsibility is often forgotten and is rarely referenced in the contracts text. The level of design liability differs depending on what type of organisation the designer works for. For example, the level of design liability is the same in tort for a consultancys designer and a contractors designer, however, under a contract the level of liability may be different. In tort, the nature of the designers obligation is to exercise reasonable skill and care irrespective of the designers organisation. In contract, a consultancys designers liability is to exercise reasonable skill and care unless they know the purpose for which they are designing in which case a fitness for purpose liability is implied. Because of this risk of suffering an implied liability terms of engagement for a consultancys designer usually contract out fitness for purpose requirement. This is useful as no level of Professional Indemnity insurance exists to cover a consultancys designer for fitness for purpose liability and it is unlikely the consultancy would be able to independently cover the ris k. Even if a fitness for purpose liability is excluded, a consultancys designer could still be liable for not delivering the end result, if it can be proved that they did not use reasonable skill and care and has ultimately committed professional negligence under tort as well as being in breach of contract. As the tort of negligence is implied into both written and none written contracts, wherever a situation arises where one party owes another a duty of care, it is essential to look at its meaning. The Institution of Civil Engineers (2006) defines negligence as being based on the inflicting of injury or loss upon another person by failure to take such care as the law requires. A contractors designer suffers risk by reference to the statutory implied terms, under the Sales of Goods Act 1972 and the Supply of Goods and Services Act 1982, which will impose certain contractual warranties relating to merchantable quality and fitness for purpose, irrespective of what the contract says. The statutory implied terms give rise to risk for the designers contractor in that a contract which is silent on the point will impose on him a strict liability for all the obligations he has undertaken, including his design obligation. It is also worth noting that because of this, if a contractor chooses to appoint a consultancy designer under a subcontract, even if he is using the relevant standard subcontract form of the main contract, they may open themselves up to considerable risk. This is because they still have an obligation to deliver the end result that is fit for purpose, unless there are express provisions to limit liability. This why most Design and Build standard for m contracts limit the liability of the contractor for design to that of an architect under a traditional build contract. However, if there are express provisions in the contract to impose an explicit fitness for purpose liability on the contractor these provisions will then be subject to the Unfair Contract Terms Act 1977. As already stated, there are two levels of design reasonable skill and care and fitness for purpose. These two terms are the most commonly used and even though they are an over simplification it is important to define them in more detail. Fitness for purpose is just that, it should satisfy and/or deliver the clients requirements whereas reasonable skill and care can be further split into professional skill and duty of care. As well as carrying out their specialist skill competently the construction professionals have to exercise a defined level of care. This duty of care is based on foreseeability, where one must take reasonable care to avoid acts, omissions or statements, which could reasonably be foreseen to be likely to result in injury or loss to other people. The standard of care to be exercised is that of the ordinary, prudent person and will depend on the particular circumstances of each individual case. In the context of this proposal it would be the construction professionals, working for the contractor who must exercise due care to highlight errors when reading and implementing the clients design, or the contractors own designer who must exercise due care when creating and developing a design (Institution of Civil Engineers, 2006). The element of skill required by a construction professional, whether they are an engineer, designer, quantity surveyor or project manager is to carry out their own specialist skill competently. The courts have defined the specialist skill and competence on many occasions and the following direction to the jury in Bolam v Friern Hospital Management Committee [1957], has been adopted by the House of Lords and is frequently cited:- Where you get a situation which involves some special skill or competence the test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill it is sufficient if he exercises the ordinary skill of the ordinary competent man exercising that particular art (Institution of Civil Engineers, 2006). As previous research by Gaafar and Perry (1998) suggests, the NEC/ECC contract is an acceptable document that can be tailored to individual projects and remain workable and acceptable to both client and contractor. These advantages could explain why it has rapidly become the contract of choice for public sector work. Due to the economic situation that exists in the construction and engineering industry at present the majority of work is in the public sector and as a result is under NEC3 the most recent version of NEC/ECC form of contract. According to the Bank of England the current economic situation is going to continue for at least the next 6 months before signs of recovery start to filter through to the construction industry in the form of private investment. Because of this, more disagreements over design defects carried out under the NEC3 form of contract are probably going to go before the courts. It would be useful then for contractors construction professionals to know what design liabilities the contractor could be exposed to so that they can take steps to avoid any legal entanglement. This is especially prudent as the NEC3 contract does not include the term fitness for purpose in its text and instead relies on the works information given by the client to specify the performance requirements and secondary clauses to limit a contractors liability. When this information is incomplete or missing it creates a situation where the responsibilities and the end requirements are unclear and the contract reverts back to a silent position as discussed earlier and imposes a strict liability upon the contractor, unless secondary clauses to expressly limit liability are included within the contract document. Even where these clauses are included contractual warranties implied by the Sales of Goods Act 1972 and the Supply of Goods and Services Act 1982 may take precedence. It is important to note that in this silent position a contractor would not be liable for desi gn works carried out by subcontractors even if appointed by them under the relevant NEC3 subcontract form. The aim of the dissertation then, is to carry out primary and secondary research to determine whether, and if so, how, a contractors design liability can be limited to reasonable skill and care under the NEC3 suite of contracts. Your problem specification specifies the problem alright, but it does not indicate what can be done to resolve the problem or what issues need to be addressed in resolving this problem. These issues would form the basis of the ensuing chapters of the dissertation. There is a decided lack (although not a total absence) of appropriate citation to substantiate your many authoritative statements in the problem spec. Literature Review Current literature on the National Engineering Contract 3 (NEC3) includes legal cases, commentary or how to use guides and finally but not exhaustively research by construction and engineering academics and/or professionals. This literature individually covers the different aspects of design liability and the NEC3. Need to make more substantial to provide a structured overview. The NEC3 is endorsed and recommended by the UK Governmental Office of Government Commerce for use on all public sector construction projects. And because the majority of current construction and engineering work is in the public sector at present it is getting a lot of use and therefore it is important that those using it fully understand it. To that end Eggleston (2006) has written a comprehensive commentary on the NEC3. His commentary explains how each NEC3 contract is uniquely put together to meet the employers needs by assembling clauses from the option structure and by particularisation in accompanying documents. This commentary is particularly useful in that it helps the reader use the contract by providing step by step instructions to ensure the basic building blocks of the contract are set up correctly. A good example of this is the five steps that an employer must follow in order to create a set of NEC3 conditions for a particular contract. Egglestons (2006) commentary is an overview of the entire suite of NEC3 contract documents and gives a brief definition of the clauses. It does not give instruction of which combination of options and clauses to use but instead informs the user how to incorporate their chosen selection into a working document. On the down side the book does not give you enough legal analysis and only refers to a handful of cases and to this end does not highlight sufficiently what the repercussions of not getting it right are. This means unless the professional using it is fully versed or doesnt follow a commentary such as Egglestons to the letter they could end up in hot water regardless of what secondary clauses they think are in place to limit liability. Using Egglestons (2006) definitions of clauses and with cross reference to an NEC3 contract it is apparent that it is the secondary options X15 limitation of contractors liability for design and X18 limitation of liability are the most relevant to this proposal. This is because they are the clauses that can be included if agreed between the client and contractor to pre-determine the level of liability. Need to insert what Eggleston says Difference between two clauses and what they limitContradiction with works information Express catch all sentences added under Option Z or included in works info Egglestons thoughts on silent position Gaafar and Perry (1998) have written an insightful paper that is relevant to the proposed aim of this proposal. They based some of their findings on communication with an unnamed author involved in the development of the NEC. From this they discovered that these optional clauses came about due to legal advice that was given to avoid the term fitness for purpose and to the eventual adoption of the notion that the employer would either define the extent of his requirements for performance through the works information or would limit the liability through the choice of an optional clause. The term fit for purpose is very open to interpretation and could be a reason why it was left for the employer to fully define their requirements. Gaafar and Perry (1998) were unable to find a precise definition for the term fitness for purpose and concluded from comparing correspondence and discussion with unnamed legal academics and professionals that no such definition exists. This is hard to accept as regardless how many legal academics and professionals were contacted it is precedence set in the courts that establishes a meaning for the term not the legal academics and professionals opinion. It may be the case that these legal academics and professionals are unaware of any relevant case law and it is unlikely that they exhausted all published volumes. In addition Gaafar and Perry (1998) may have narrowed the question posed to the legal academics and professionals too much and a definition may exist in a non construction and engineering context that could be applied if the princi ples are the same. In addition to correspondence and discussion Gaafar and Perry (1998) also carried out a survey to determine the desirability to be able to adjust the level of liability. They highlight that 30% of clients questioned in the survey said that a fitness for purpose liability is not desirable as they recognise the practical and commercial problems it can cause. Gaafar and Perry (1998) expand on the description of these problems reiterating that professional designers do not have to carry a professional liability higher than reasonable skill and care and therefore no higher level of insurance cover exists. This means that the contractor can not obtain cover either and because of this if a fitness for purpose obligation exists and the design is carried out by a professional designer under a subcontract, the contractor can not pass this liability down to them. This leaves the contractor carrying a large uninsured risk. This unexpected result in their findings gives strong support to their re commendation of using a contract that allows liability to be tailored to an individual contractual situation. The theory and supporting research is comprehensive, however, the raw data is not given and it undermines their reasoning, as it is impossible to determine the significance of the results without knowing the sample size, methods used, the context and appropriateness of the questions. Gaafar and Perry (1998) was published in the International Journal of Project Management and looks at a number of problems associated with the interaction of legal elements and contractual provisions. They look at, but do not directly compare, a number of standard forms of contract and their individual advantages and disadvantages when the limitation of design liability is the key issue. The paper concludes by recommending the use of the NEC contract as they suggest it provides a spectrum of liability. Despite their suggestion of using a contract that allows a spectrum of liability they importantly acknowledge that a strict liability and obligations under the Sales of Goods Act 1972 and the Supply of Goods and Services Act 1982 exists and is difficult to sign away. This difficulty in signing away rights is also made reference to when they discuss liability under tort and the inclusion of express clauses to limit liability. These important points included by Gaafar and Perry (1998) are relevant to this proposal as they have a bearing on how effectively liability can be limited. Professor J. Perry and Dr H. K. Gaafar are academics at the School of Civil Engineering, the University of Birmingham and for this reason their assumptions on NEC3 in practice are likely to be based on 3rd part information and not their own practical experience within the construction and engineering environment. It is also worth noting that The Housing Grants, Construction and Regeneration Act 1996 (HGCRA) states that parties cannot sign away certain rights under UK law and current precedence will determine what obligations exist regardless of whether a clause was included to limit liability. The HGCRA forms the basis of the current UK law and as such must be treated seriously and acknowledged as the presiding authority on set aspects of construction projects. It is also important to note that the HGCRA is 13 years old and largely based on the report by Latham (1994), as such developments have happened in the way contracts are worded to either incorporate it or find ways around it. Egan (1998) suggests that a move to partnering and mutual cooperation will do away with a need for contracts. In this situation a strict liability will be implied by current UK law and legislation and as discussed a fit for purpose obligation will be the default situation. If clauses intended to limit design liability are not effective then Eagans (1998) view that; designers should work in close collaboration with other participants in the project will protect the contractors and reduce the risk as they will be fully aware of the requirements and ultimately able to deliver the end product that is fit for purpose. This work by Egan (1998) is a very theoretical academic view and 11 years on has not fully been adopted despite moves to create more trust through partnering, however, it does provide an alternative view to the confrontational and aggressive stand many contractors and clients are adopting in the economic down turn. Wallace (1995) states his opinion that the obligation to construct a work capable of carrying out its intended use overrides the obligations to comply with specification given in the works information. If this is the case even though a contractor may have produced a design that complied with all the works information, if the end result is not fit for purpose they are then responsible. This goes back to the implied obligation discussed earlier and responsibility of the contractor to request more information and highlight lack of clarity in the works information. They may have done everything including reasonable skill and care to produce a design that complies with the works information but if the works information was inadequate they were liable for not correcting this fault and therefore liable for not producing a design that could deliver. Wallace (1995) published this work a year after Latham (1994) and in a climate where a more progressive approach to construction was the new way of thinking, however, it ignores this work and focuses on fact and the law as it stood at the time. This is not a bad thing but when applying Wallaces work to contracts such as the NEC3 it does not always directly apply and extrapolation of the legal principles is necessary, however most are still the same and the book is still widely accepted and used. Jackson and Powel (1992) conclude that the particular obligations of a contractor to his client are generally of a different nature from those owed by a professional man to his client. They make the point that this does not expressly state that the contractors obligations amount to a fitness for purpose requirement. However they imply in the passage, my complaint against him is not that he has failed to exercise reasonable skill and care in carrying out the work but that he has failed to supply what was contracted for, that a higher level of liability than reasonable skill and care exists and that the precise level of liability is governed by what is stated in the totality of the contract. Jackson and Powel (1992) is considered to be an accepted legal text and the authors experts in their field. This opinion is supported by the fact that the book has been quoted in the courts. A good example being; Lady Justice Butler-Sloss in the Court of Appeal regarding the case of Sansom and Mona ghan v. Metcalf Hambleton Co (1997) (Was it a construction law case? Was the case to do with design liability?) EGCS 185 who quoted the book as being a helpful summary. This use in 1997 is important as it is post HGCRA and although it is 17 years old has many useful interpretations that are still relevant. For example, the concept mentioned above regarding totality of the contract is very similar to the commentary detailed in Eggleston (2006) 14 years later regarding liabilities imposed by the entire contract. In relevance to this proposal then, if the book and the authors are deemed to be an authority on the subject of negligence their implications above regarding totality of the contract carry significant weight. This would suggest that secondary clauses under NEC3 are not necessarily going to limit a contractors liability to reasonable skill and care. In addition to the above works, NEC itself provides literature in both on its website and in published form, and despite the inherent bias it may carries is worth reviewing. The bias is there because the NEC has an invested interested in portraying the NEC3 in a positive light to increase sales, however, it is useful for reference to clarify technical points and attain original copies of contract wording. What is clear is that each of these commentaries focuses on a particular area of a contract or takes a view from one particular party and at present there is nothing comprehensive to show all the interrelationships of NEC3 contractual clauses and UK law and legislation. As a result unless the employer compiling the contract or contractor entering into an NEC3 contract fully understands the full ramifications of the options and clauses chosen they should seek professional legal advice. As described by Gaafar and Perry (1998) these interrelationships are very complicated especially to the non legal professional. Gaafar and Perry (1998) try to bypass the need to understand all these complicated interrelationships by developing and suggesting the use of a Spectrum of Liability, however, as acknowledged by them no contract currently exists that fully allows for this. As stressed by Latham (1996) though and indeed acknowledged by Gaafar and Perry (1998) there are certain obligations and im plied responsibilities that cannot be signed away and a strict liability is imposed unless express clauses are used to support this flexible spectrum. Only the NEC3 contract comes close, however, the effectiveness of secondary clauses to control levels of liability is difficult to determine due to the complex legal interrelationships mentioned above. To establish whether liability can be controlled in an NEC3 contract this dissertation will use arguably the main aspect that has most bearing design liability and seek to demonstrate the following conjecture: A contractors design liability can be limited to reasonable skill and care under NEC3 by use of secondary clauses. Can expand to 2500 or 3000 words In final submission should include a statement in the summary to the literature review as to where the dissertation sits in relation to the main authors outlined in the introduction to the literature review. Methodology To manage the presentation of this dissertation it has been split into a number of chapters. The overall dissertation will form a piece of work that can be useful to all construction and engineering professionals who are considering entering into an NEC3 form of contract. Chapter 1 will be derived from the problem specification, literature review and methodology that form this dissertation proposal. Chapter 2 involves carrying out extensive secondary research. This will take the form of investigation into legal precedence that exists for cases with relevance to a contractors design responsibility and associated liability under NEC3. In addition to this, investigation into accepted academic views, professional interpretation of NEC3 clauses and commentary on UK statute and legislation is necessary. Combined this will form a theoretical perfect world view of design liability and act as the control for this research. Chapter 3 will explore construction professionals understanding of design liability under an NEC3 form of contract. To do this a statistically sufficient number of construction professionals will be interviewed. The questions are designed to be comprehensive enough to generate the desired responses but have been deliberately left open ended to ensure they do not lead the interviewees in a certain direction or stifle responses. The benefit of this is that a greater insight into the interviewees experience and knowledge is gained and helps determine how much weight to assign the responses. The results will then be summarised and initial statistical processing carried out to allow them to be analysed. The open ended nature of the interview questions also gives the opportunity for contractors problems that are not covered by the interview questions to be picked up and acknowledged and be compiled into the summary conclusions. Chapter 4 will seek to substantiate or disprove the conjecture made in Chapter 1 by comparing the differences between the control in Chapter 2 and the summary conclusions made from the interview results in Chapter 3. Depending on the outcome of this comparison will determine the recommendations made in this dissertation that aim to benefit construction professionals thinking of entering into an NEC3 form of contract. Chapter 5, the final chapter seeks to bring together all the conclusions made in the above chapters into a final summary. The outcome of the comparison in Chapter 4 should identify how effective the NEC3 form of contracts intentions are in regards creating a contract that is able to limit design liability by the inclusion of secondary clauses or whether other factors come into play and greater care and legal advice is needed before a contractor signs up to an NEC3 form of contract. The comparison will also determine whether any of the additional problems or negative experiences identified by the construction professionals in the interviews is real or merely perceived due to lack of understanding of UK law and of the NEC3 contract in general. If they are merely perceived, the recommendations made in this work should allow them more confidence when deciding whether or not to sign up to a given NEC3 contract. They would then be able to make an informed decision as to whether an included clauses attempt to limit liability under NEC3 would safeguard them or whether they would be exposed and need to adjust their price to suit the increased risk of what is effectively an imposed fit for purpose design liability. Need to justify research method. This justification is done by reference to established research methods authors. You make only one reference to Blaxter et al but it does not really get to the bottom of what you are doing and why. You do not eliminate other methodologies. Do other authors agree? A good methodology will compare the recommendations of three or four research methods texts. You might like to look at some of the following: 1) Dissertation Research and Writing for Construction Students Dr S.G. Naoum Butterworth Heinneman 808.066624 NAO 2) Research Methods in Construction Fellows Lui 3) Hart, C. 2005, Doing Your Masters Dissertation, SAGE Publications Ltd., London 4) Preece, R. 1994, Starting Research: An Introduction to Academic Research and Dissertation Writing, A Cassell Imprint, London 5) Blaxter, Hughes Tight 2006, How to Research, Open University 6) Questionnaire Design, Interview and Attitude Measurement A.N.Oppenheim Continuum 300.723 OPP The methodology should be introduced by a statement about the theoretical perspectives being employed, e.g. you are approaching this dissertation from a legal and contractual perspective by way of offering appropriate practical advice to the industry Need to justify structure. Justification for the structure requires cerebral argument and includes some linking text between your discussion on the content and format of each chapter. Remember the chapters should be based on the issues to be addressed as identified in the problem specification, so your justification of the structure could be based upon the logic of dealing with those issues. References Blaxter, L., Hughes, C. and Tight, M. (2006). How to Research 3rd Ed. Open University Press. Maidenhead. Eagan (1998). Rethinking Construction. Department of the Environment, Transport and the Regions. London. Eggleston, B. (2006). The NEC3 Engineering and Construction Contract 2nd Ed. A Commentary. Blackwell Publishing. [Online] Available from: http://books.google.co.uk/books Accessed 07.07.09 Gaafar, H, K. and Perry, J, G. (1998). Limitation of design liability for contractors. International Journal of Project Management Vol. 17, No. 5, pp. 301-308. Elsevier Science Ltd. Institution of Civil Engineers (2006). ICE Legal Note Liability for Latent Defects. Institution of Civil Engineers. London. Jackson and Powell (1992). Professional Negligence 3rd Ed. Sweet and Maxwell. London. Latham (1996). Housing Grants and Regeneration Act 1996. London. Available from: http://www.opsi.gov.uk/ Accessed 22.08.09 Murdoch, J. and Hughes, W. (2005). Construction Contracts 3rd Ed. Law and Management. Spon Press. Oxon. Wallace, D. (1995). Hudsons Building and Engineering Contracts, Volume 1, 11th Ed. Sweet and Maxwell. London. Uff, J. (2005). Construction Law 9th Ed. Sweet and Maxwell. London. Bibliography Blaxter, L., Hughes, C. and Tight, M. (2006). How to Research 3rd Ed. Open University Press. Maidenhead. Dissertation Creation. Dissertation Help How to Write and Structure a Dissertation Proposal [Online] Available from: http://www.ukdissertations.com Accessed 07.07.09 Eagan (1998). Rethinking Construction. Department of the Environment, Transport and the Regions. London. Eggleston, B. (2006). The NEC3 Engineering and Construction Contract 2nd Ed. A Commentary. Blackwell Publishing. [Online] Available from: http://books.google.co.uk/books Accessed 07.07.09 Gaafar, H, K. and Perry, J, G. (1998). Limitation of design liability for contractors. International Journal of Project Management Vol. 17, No. 5, pp. 301-308. Elsevier Science Ltd. Institution of Civil Engineers (2006). ICE Legal Note Liability for Latent Defects. Institution of Civil Engineers. London. Latham (1996). Housing Grants and Regeneration Act 1996. London. Available from: http://www.opsi.gov.uk/ Accessed 22.08.09 Murdoch, J. and Hughes, W. (2005). Construction Contracts 3rd Ed. Law and Management. Spon Press. Oxon. The Guild of Architectural Ironmongers (2004). Commercial and Contract Law. Uff, J. (2005). Construction Law 9th Ed. Sweet and Maxwell. London. Additional useful paragraphs; If the NEC3 contract is set up for the contractor to have design responsibility, then the contractors design must comply with the works information. Even if the optional clause to limit liability is used, the performance specification given in the works information will override it and therefore the contractors liability may or may not be interpreted as fitness for purpose depending on how the works information has been drafted with a strict liability imposed. Results Ques

Programming Languages for Data Analysis

Programming Languages for Data Analysis R and Python for Data Analysis Abstract This paper discusses the comparison between the popular programming languages for Data analysis. Although there are plenty of choices in programming languages for Data science like Java, R Language, Python etc. With a whole lot of research carried out to know the strengths of these languages, we are going to discuss any two of these. Data Analytics has been the most important and trusted tool for business and markets. Data Analytics is nowadays making use of SAAS (Software As a Service). For this literature review, two popular languages (R and python) have been studied and evaluated the characteristics to decide which one will be the right language for data analysis. Both Languages shows their own strength and weakness and based on that, to understand the data based processing environments in the Distributed File Systems. Keywords-Programming language; Data analytics; R; Python, Big Data; For an industry to grow in a market is not an easy task. With the help of Data Analytics, it can grow bigger and better. It can help to deliver quick corporate results and a value to business. The major challenge with the data is to process it and then make decisions worth value. Data Crunching requires proper tools and powerful analysis. Out of all languages, we choose two popular language i.e R language and Python for data analysis. We are going to discuss the need of using a programming language in Data Analysis and list some of the characteristics of these two languages. In the end, we will conclude which language performs and delivers in the field of Data Analysis. While carrying out research in Data Analytics, we came across multiple programming languages apart from R and Python which are described below- Julia Not a well-recognized language but hackers surely talk of Julia. It is said to be faster than R upgradable than Python. [5] Java In comparison to R and Python, Java seems less capable in terms of Data Visualization but can be the first choice for the prototype of the statistical system. [6] MATLAB Became popular and was used before the release of python and R. To be good fit as a programming language we should consider different aspects of data analysis. For this review purpose we will broadly classify them as follow- Collection of Raw Data Data is available in variety of format. Programming languages were evaluated in terms of support for various data formats and efficiency in handling them. Data processing Once imported into program, datasets might require cleansing in terms of missing values, unrelated or redundant data values etc. Capabilities to deal with such data were evaluated for programming languages Data Exploration Simplicity of applying commonly used statistical methods like grouping, pattern recognition, switching and sorting is evaluated for programming languages. Data Analysis Availability of special purpose in-built functions and various methods of machine learning and deep analysis are used as evaluation measures. Data Visualization Visualization is important aspect of data analytics. Visualization capabilities of programming languages were evaluated on the basis of ease of creation, simplicity and sharing in various formats. In addition to these capabilities we will discuss a bit about history and accolades of every programming language. We will also discuss popular choices for IDE (Integrated Development Environment) for these1 language. Introduced in 1995, by Ross Ihaka and Robert Gentleman, R is implementation of S programming language (Bell Labs). Latest version is 3.1.3 which was released in March, 2015. Rs architectural design and evolution is maintained by R-foundation and R-Core Group. [1] Rs software environment is written primarily in C, FORTRAN, and R. RStudio is very popular IDE used to perform data analysis using R. Primary used for academic research, R is rapidly expanding into enterprise market. [1] A. Collection of Raw Data You can Import data from variety of formats like excel, CSV, and from text files. DataFrames, primary data structure in R, can import files from SPSS or MiniTab. Basically R can handle data from most common sources without glitch. Where R is not so great at is data collection from web. Lot of work is being carried to address this limitation. To name few, Rvest package will perform basic web-scraping while magrittr will parse the information on webpages. [1][3] B. Data Processing It is very easy to reshape dataframe in R. Tasks like adding new columns, populating missing values etc. can be done with just one line of code. Many new packages like reshape2 allow users to manipulate data frames to fit the criteria set per requirements. [3] C. Data Exploration R is built by statisticians. For exploratory work its easy for beginners. Many models can be written with very few lines of codes. With R, users will be able to build probability distributions and apply statistical methods for machine learning. For advance work in analytics, optimization and analysis, users may have to rely on third party packages. [3] Many popular packages like zoo (to work with time-series), caret (machine learning) represent strength of R. Python is loosely bind programming language with very wide user base. D. Data Visualization Visualization is strong forte of R. R was built to perform statistical analysis and demonstrate the results. By default, R allows you to make basic charts and plot graphs which can be saved in variety of formats like jpeg or PDFs. With advance packages like ggvis, lattice and ggplot2 user can extend data visualization capabilities of R program. [1][3] Created by Guido Van Rossum in 1991, Python is inspired by C, Modula-3 and in-perticular ABC. Python software foundation (PSF) is curator for Python language. Current version is 3.4.3/2.7.9 released in Feb 2015/Dec 2014. Python has been popular choice for programmer to build web and multitier applications. In context of data analytics, Python is majorly use by programmers to apply statistical techniques. Coding in python is easy because of nice syntax. [4] IPython Notebook and ANACONDA are popular IDEs used for data analysis using Python. A. Collection of Raw Data In addition to excel, CSV and text data, python also supports JASON and semi-structured data formats like XML and YAML. Using certain libraries, users can import SQL tables into python program [4] Python Request Library facilitates web scrapping, where user can get data from websites to analyze in depth. [2] B. Data Processing To uncover underlying information, Pandas library of python comes handy. Like R, data is held in DataFrames which can be used and reused throughout program without hampering performance. [2] Users can apply standard methods of cleaning data or process data to fill out incompelete information just like R. C. Data Exploration Pandas is very powerful library. Users will be able to group by datavalues and sort them according to timeseries. Comlex grouping clauses like time-series analysis to seconds can be performed on dataframes in python program. D. Data Visualization Using MetaPlotlib [2] library, user can plot basic graphs and chrats from available data-points. For advance visulization, Plot.ly can be used, which is another python library. Users can use powerful IDEs like Anaconda or IPython Notebook to create powerful visualization and convert them into various formats like HTML. In addition to their differences, there are few common positives about both Python and R which make them so popular among data analysts and statisticians. R and Python are distributed under open license which make them free to download and modify per users need. In contrast to other programming tools, like SAS and SPSS, which come with hefty price tag. Being open source, many advancements in statistics will come to python and R first.[6] Both of them are widely loved and supported by big community of statisticians and developers. [6] IDE like IPython Notebook will consolidate your datasets in one file, thereby simplifies your workflow.[2] R has rich ecosystem of cutting edge packages to string your work together which proves useful in particular to Data Analysis.[3] Python is more of general purpose language. Its easy and intuitive, therefor it has simplified learning curve. Pythons testing framework guaranties reusability and reliability of code. R is language developed by statisticians for statisticians while python is easier to learn general purpose programming language.[3] Working through research in programming languages for data analytics, there are many other options which are listed below- Julia Though not yet widely recognized, data hackers talk fondly of Julia. It is regarded as faster than R and more scalable than Python.[5] Java Although java is not as capable as python and R in terms of visualization, it can be primary choice to build prototype for statistical system. [6] KAFKA Developed by linked-in, KAFKA is highly regarded for its real-time analytics capabilities.[6] STORM Storm is framework written in SCALA which saw recent tides of popularity in Silicon Valley MATLAB Excel Used by many statisticians before outburst of python and R. Special thanks to Prof. Oisin Creaner, for presenting this opportunity to dig out for various options available for programming in Data Analytics Ihaka, R. and Gentleman, R., 1996. R: a language for data analysis and graphics. Journal of computational and graphical statistics, 5(3), pp.299-314. Pedregosa, F., Varoquaux, G., Gramfort, A., Michel, V., Thirion, B., Grisel, O., Blondel, M., Prettenhofer, P., Weiss, R., Dubourg, V. and Vanderplas, J., 2011. Scikit-learn: Machine learning in Python. The Journal of Machine Learning Research, 12, pp.2825-2830.. Nasridinov, A. and Park, Y.H., 2013, September. Visual Analytics for Big Data Using R. In Cloud and Green Computing (CGC), 2013 Third International Conference on (pp. 564-565). IEEE. Sanner, M.F., 1999. Python: a programming language for software integration and development. J Mol Graph Model, 17(1), pp.57-61. Bezanson, J., Karpinski, S., Shah, V.B. and Edelman, A., 2012. Julia: A fast dynamic language for technical computing. arXiv preprint arXiv:1209.5145. Fan, W. and Bifet, A., 2013. Mining big data: current status, and forecast to the future. ACM sIGKDD Explorations Newsletter, 14(2), pp.1-5.

Whats Really Being Tested in The Clerks Tale? :: Chaucer Canterbury Tales

By any contemporary standards of behavior, Griselda actions are reprehensible; not only does she relinquish all semblances of personal volition, she deserts all duties of maternal guardianship as she forfeits her daughter and son to the--in so far as she knows--murderous intent of her husband. Regardless of what we think of her personal subservience to Walter, the surrendering of her children is a hard point to get around. Even the ever-testing Marquis himself, at his wife's release of their second child says he would have suspected her of malice and hardness of her heart had he not known for sure that she loved her children (IV 687-95). It is little wonder our students, in whom we try to foster a sense of personal responsibility and human sensitivity, initially find Griselda an insipid and morally reprehensible wimp. But we retrieve patient Griselda for them. Or at least we try. We say "this tale is not about a real woman: look, it is in rhyme royal. That meant something special to Chaucer. The tale's stanzaic form signals a tale of high moral, even religious, sentence; its flat characterization and formulaic epitaphs distance Griselda and Walter from real people." Then bowing toward Petrarch and siding with the Clerk, we say this tale is not about wives' duties to their husbands; it is about the duty of the human soul to God. As Griselda was to the tests inflicted upon her by Walter, so should we be to the adversities visited upon us by God. And so is Griselda redeemed for real women. But is she--really? If we look very carefully at the language used as Walter frames the rationales for his intent for testing Griselda, we find that it is not for the proving of her pre-marital vow per se that he put her thorough his series of contemptible and humiliating ordeals. True to its title, Petrarch's A Legend of Wifely Obedience and Faith (De Obedientia ac Fide Uxoria Mythologia) clearly and consistantly pictures Walter testing his wife for her fidelity and conjugal love promised before their marriage. Chaucer's Walter, however, more often frames his designs as trials of "sadnesse," "corage," or, ultimately, "wommanheede" (IV 452, 787, 1075). The result is that in the Clerk's tale, Griselda is tested not so much for her marital fidelity as she is for her womanly virtue. And the implications of this may be as frightening as the thought of a mother adandoning her children to the hands of a murderer.

Impact of Technology on Society Essay -- american society, technologica

Technology is continuously developing and has begun creating shortcuts for the American society. As a society we need to find a balance between our technological use and our everyday life. In my opinion, society has become too dependent on technology. The more advanced technology becomes, the more it seems to be gaining control over our lives. Even though technology is offering society many beneficial qualities; it also is causing many negative effects to occur. Technology is affecting society socially, mentally, and physically. One point addressed throughout each article was how technology has affected society socially. Technology has contributed to society’s lack of social skills, social interaction, and has allowed many of us to become antisocial individuals. According to Sherry Turkle, psychologist and director of the MIT Initiative on Technology, the lack of these social abilities has contributed to the absence of emotional maturation in individuals of today’s society. Turkle stated, â€Å"Very quickly for teenagers [it became] [that] they prefer to text than talk because talking for them involves too much information, too much tension, too much awkwardness. They like the idea of a communication medium in which there does not need to be awkwardness.† (Turkle). I know this is true among teenagers in our society. I, like many of my other peers would prefer to send a text message before calling someone any day. I believe this is because we have become so reliant on text messaging that we no longer know how to have a decent intellectual conversation. Turkle says this occurs because â€Å"talking involves too much information, texting is a lot quicker, and it is very easy to stop before you are rejected.† In addition to affecting society... ...e physically active. As technology continues to advance it seems society's aptitudes have begun to decline socially, mentally, and physically. According to Butte, famous theoretical physicist Albert Einstein once stated, â€Å"It has become appallingly obvious that our technology has exceeded our humanity† (Butte). I believe this quote truly summarizes how technology has affected our society. Works Cited Butte Patil, Pratik R. Technological Advancements and Its Impact on Humanity. Academia.edu. Academia.edu, 2013. Web. 15 Nov. 2013. Crowther, Hal. "One Hundred Fears of Solitude. â€Å"The Telegraph." Telegraph, 13 Aug. 2013. Web. 26 October 2013. Sterling, Bruce. â€Å"Self-Reliance 2008.† The Atlantic. The Atlantic Monthly Group, 1 November 2008. Web. 16 October 2013. Turkle, Sherry. Interview: Digital Nation. Frontline. PBS. WGBH, Boston, 2 Feb. 2010. Web. 16 Oct. 2013.

10 Ways to Prevent Accident

10 Ways to Prevent an Accident Accidents are unpredictable happenings that can catch anyone off-guard when you least expect it. That's why the simple, yet so overlooked prevention methods need to be taken into consideration before going on the road. 1. Carefully look both ways — twice — before entering an intersection. It’s easy to miss an oncoming car at first glance because it’s hidden by your car’s windshield frame. A second look only takes a second and it might avoid a serious collision. 2.Don’t accelerate into an intersection the instant the light turns green. This is a good way to get rammed by someone running the red light who’s coming from the other direction. 3. Look right before pulling out. After waiting for traffic from the left to clear before you make your right-hand turn, don’t forget to look to the right again just before you proceed. Pedestrians or cars may have suddenly materialized in your path while you were waiting to turn. 4. Anticipate unexpected changes in traffic.For example, if you’re in a fast-moving lane with empty road ahead and the next lane over is backed up, be prepared for impatient motorists to dart into the lane in front of you. 5. Know your blind spots. Find out where your blind spots are when checking the road behind you in your mirrors. You might have to turn to look directly into the lanes beside you to avoid missing something left undetected by your mirrors. This is particularly important when changing lanes — don’t just rely on your mirrors. 6. Watch other drivers’ blind spots.Practice extra caution when passing large vehicles, such as semi trucks, which have less maneuverability and even larger blind spots. If you can’t see a truck’s mirrors, chances are its driver can’t see you. 7. Watch for children and pets. Pay special attention to posted speed limits around schools and in residential areas; children and pets may unexpectedly dart into the street. 8. Don’t tailgate. Leave enough space between yourself and the car ahead of you, when traveling and when stopped. On the highway, this may save you from a fender bender.Remember to leave even more room if the roads are slick. If you stop on a hill behind a car with a manual transmission, the extra room may save you from being rammed if the car slides back. Leaving yourself extra room can also help you make a quick exit if you’re approached by a carjacker in a dubious neighborhood. 9. Keep your car operating safely. Don’t procrastinate about performing safety maintenance and repairs on your car. Check tire tread depth and pressure regularly. Have your brakes checked and wheels aligned as soon as they need it. 0. Go back to school. Go to a high-performance driving school to learn accident avoidance maneuvers and how to control skids. Understanding how to make your car do what you want it to do in emergency situations could save your life. These tips can help you prevent a car accident, although they are not fool-proof. You can control your own actions on the road, but not the actions of other drivers. Nevertheless, taking steps to keep your driving at its best can keep you – and others around you – safer on the roads. [pic]

De Beers Analysis

STRATEGY: INDUSTRY AND COMPETITION Problem Set 3 1. Throughout the 1990s, several developments contributed to the loss of market-share of the Central Selling Organization, which inevitably led to diminishing profits for De Beers. In 1991, the Soviet Union collapsed and this disintegration brought down the exclusivity that the CSO had enjoyed for so long. Indeed, the fall of communism made it difficult for the cartel to protect its trading agreements.As such, only limited shares of the Russian production reached the CSO, the rest being supplied to the competition by Alrosa (which became the worldwide dominant non-African producer) and other Russian enterprises. In 1996, as a consequence of the CSO’s reluctance to satisfy demand for very small stones, the Argyle mine in Australia (with a very distinctive rough production that De Beers had only a limited capacity to match), controlled by Rio Tinto – a multinational mining company and one of their main upstream competitors – became the first major producer to departure from its contract with De Beers.This disruption seriously compromised De Beers’ punishment capabilities through stockpiling. Additionally, in Canada, another major competitor arose (BHP). De Beers had a problem in these two markets. Unlike African countries, these are nations characterized by strong institutions, with a degree of bureaucratization and stability as well as cultural advancement that do not favor for the kind of â€Å"easy bribes† that had allowed the company to control the quantities sold worldwide.However, even in Africa other obstacles appeared. While Angolan and West African output were being diverted to other channels, the concerns about conflict diamonds – reaching their peak with outbursts in Angola through the 90s – also damaged De Beers’ image and only made it more difficult for those diamonds to be sold through the CSO. Finally, pressure from some African governments (Bot swana and Namibia, for example) inadvertently or purposely created internal competitors.Thus, De Beers saw its monopolistic position seriously threatened and since it could no longer control the diamond flow to the market, it was forced to practice a price closer to that of a competitive market, which meant lower profits. 2. Besides the increasing competition that was subject to in the last decade of the 20th century, De Beers also had to concern itself with the possibility of new entrants in the very market where it had prospered.Due to the compliance with the Global Witness proposal against conflict diamonds, De Beers saw the noose tightening around its operations and as a consequence the threat of new entrants surged, with several groups expanding aggressively on the continent. Perhaps the biggest of those threats was the business group controlled by Leviev, the world’s largest diamond cutter and polisher. One of his ideas was to integrate backward into marketing rough dia monds. Also, the pressures in Angola were putting in danger the marketing agreement the country had with the company.That agreement would eventually be terminated already in this century, being replaced with a single-channel marketing entity in which Leviev held a one-quarter interest. Obviously, these potential threats had a negative effect in De Beers’ profits, despite its strong Brand Image. 3. Traditionally, De Beers would buy the supply from other producers to control the market output. With the rise of competitors this became increasingly difficult. As alternatives to the cartel emerged, the bargaining power of suppliers grew. Argyle’s eventual withdrawal and Angola’s termination of the exclusivity with De Beers are clear proof of this growing power.Governments began to pressure the company as well. South Africa aimed to have more gems cut locally and other nations such as Botswana and Namibia sought to increase the value captured with the activities perfo rmed within their borders. Of course, for the company to grant this it would have to see its percentage of value retention lowered. In a climate of an undeniable backdrop, this was yet another factor that contributed to decreasing diamond earnings. 4. Although an increase in competition means that buyers will have alternatives (higher bargaining power), this was still an area (of the five forces) where the market remained attractive.Competitors did not have the level of expertise or the established supply chain that characterized a company with more than a century of market knowledge. The most relevant fact to mention on the buyers side is the Japanese recession of 1998. De Beers suffered severely from this downturn, after obtaining almost a decade of expansion in various Asian markets. Still, buyers in this industry are not just final consumers, but intermediaries as well. With the rising competition and consequent declining credibility, De Beers could not control sightholders, for instance, with the same discipline and efficiency as before.Leviev (a sightholder himself) is the perfect example of this reality. Of course the less control the company exerts, the lower its returns are. 5. Regarding substitutes, the closest product would be synthetic diamonds. Yet, these diamonds remained exclusive to industrial applications (to compensate for the scarcity of the others for these functions) and so natural diamonds were still a unique luxury. In spite of the social issues brought up by conflict diamonds, the product was still protected from substitution throughout the 1990s.The marketing efforts of the previous efforts (mainly represented by the campaign â€Å"Diamonds are forever†) continued to provoke the desired effect. By establishing them as a symbol of lasting love, power and wealth, De Beers had assured that nothing could be compared to a diamond, which translated in a he amount of profits throughout that century. On this area, the main challenge for the company presented itself in the early 1990s in the Chinese market. Not only were these consumers traditionally focused on gold and jade, while unfamiliar with diamonds, but also â€Å"white† color were thought to bring misfortune.This might seem trivial for a western consumer, but Chinese people were and are still today some of the most superstition nations on earth. The gold and jade products had certainly a negative effect on De Beers’ profits. Nevertheless, the company managed to overcome this paradigm by using Chinese beliefs to its advantage (the â€Å"red thread† ad is a perfect showcase for this idea). This advertisement strategy was very successful and by 2000, retail sales had reached $731 million. Duarte Costa, # 1284