ShantanuT01/DACTYL-Pretraining huggingface dataset:
Introduction In present-day realities, textualism and contextualism are viewed as two opposing principles of legal procedure. Textualism is understood as full compliance with the word of a legal document placed before a court of law. 1 Contextualism, on the other hand, is the approach that places the highest value on the interpretation of a text for the purpose of finding its objective meaning viewing it in the circumstances in which it was created and signed. 2 Before the 1970s, English law viewed contract cases using the rigid understanding of the text and emphasized the formal or literal meaning of what was said or written. 3 After the establishment of the Unfair Contract Terms Act of 1977, courts were assigned with a new mechanism that allowed them to refer to reasonableness, which formalized the procedure for interpretation of the contract terms 4 . Despite the fact that the two approaches can both be applied simultaneously, there is still certain controversy as to whether or not such procedure should be authorized or practiced. This essay argues that textualism and contextualism are non-conflicting paradigms in the field of contractual interpretation through decisions of the judges supported with their rationale and statements of reputable practitioners proving the validity of such a method. Literature Review and Gap Analysis Interpretation of the contracts has been given much attention by many practicing lawyers and legal theorists as the problem of passing a just verdict. Mitchel argues that sometimes there is a controversy between actual practice of interpreting contracts and the law that is applicable in particular cases. 5 The judge is to be aware of the all the cases of its application together with the objective context of the case in question. Unfair Contract Terms Act of 1977 provided the means for the judicial system to interpret the letter and the meaning of the contract thereby enhancing the capacity of the judges to decide on delicate matters with more precision. Mitchel proposes that a true purpose of a contract is to represent the parties’ perception of the subject and object of their mutual agreement. 6 She identifies three different approaches to contract interpretation such as classical, neoclassical, and contextual. The first refers to the pre-1970s practice of literal understanding. The second works when inquiries are being made as to verify the meaning of the contract wording using a parties’ interpretation or third party. The third approach is fully dependent on the context and does not rely on the text. Mitchel seems to juxtapose the first two and the third, while classical and neo-classical approaches are labeled virtually the same. Staughton appeals to interpretation as the central aspect of practicing commercial law, which he especially relates to contracts. 7 The same idea is supported by Lewison, who argues that interpretation is the main instrument of the law. 8 Practicing lawyers raise the question of whether the interpretative approach is objective. Some professionals a
Introduction Jason Mittell is a renowned scholar in media and cultural studies having a specific interest in such topics as the history of television, new media, and mass culture in general. This essay deals with his analysis of Simpson’s cartoon phenomenon and its connotations for the analysis of other contemporary television programs and cartoons. Thus, in the first place, Mittell’s arguments on Simpson’s would be presented and their relevance would be proved using careful analysis of another popular cartoon – Futurama created by Marr Groening – the director who also invented The Simpsons. Mittell’s analysis of the Simpson’s draws on his theory of genre genesis and the role of modern animation technology in creating pseudo-postmodern settings which though tends to become real. Mittell welcomes with criticisms the current attitude to Simpson’s by critiques as a postmodern cartoon. Paradigm of postmodernism According to his point of view, this position is not well-grounded and asserts not the well-defined paradigm of postmodernism to the whole structure of cartoon. Mittell confirms that some elements in the cartoon’s setting may be described as postmodernist and event the eclecticism and disintegration of the central idea can be ascribed to the role of postmodernist narratives but these are only partial phenomena not paying attention to the central cultural problems (Mittell 2001). According to Mittell, notwithstanding its postmodernist connotations, The Simpson’s is a well-grounded and realistic cartoon in the sitcom genre which is not new in American media culture. Nevertheless, it can be reduced to the mere sitcom since the interrelation of different genres and parody, which is described by Jameson in postmodern conditions as pastiche, creates autonomous genesis of the cultural and discursive object. In other words, the analysis of Simpsons can’t be reduced to textual analysis which may falsely push critiques to designate Simpson’s as a postmodernist cartoon. According to Mittell, the interplay between genres mixture and formal conditions of film industry reproduction should be analyzed as interrelated domains creating a connection between formed discourse (cartoon) and audience. Mittell’s analysis shows that Simpson’s taken in the generic context are quite realistic and structurally determined. The demands of the market of cultural production as Adorno notes impose standard meanings and modes of discourse framing and realization. That is why notwithstanding the fact of the visible variety of images and signs the contemporary cartoon production is predominantly homogenous as it is oriented on marketing and popularity rather than on aesthetic truthfulness (Adorno, 1979)
‘Gone with the wind’ is identified as one of the most phenomenal movies of the early 20 th century. It was especially categorical in the definition of the movie industry in regard to cultural and historical productions. Being one of the best works of producer David O. Selznick, it is identified as a historical piece of art work that has managed to survive through the decades and still maintain its viability. Its fame has grown over the years to a point where it is used as a point of reference by modern film scholars and other stakeholders in the industry (Mitchell and Conroy 7). This paper seeks to analyze the famous “Frankly dear, I don’t give a damn” scene from the movie ‘Gone With The Wind’ that was released in 1939, in a bid to understand the setting of the scene as well as the producer’s motives and success when making it. The particular ‘I don’t give a damn’ scene is set in a lavish setting where affluence is identified as a matter of necessity. This is negated by the whole premise of the film as neediness is portrayed to emanate from companionship rather than affluence. This scene depicts the capturing of hope in a picture that captivates the viewer to a point where he or she accepts the spectacular moments even before trying to understand them. A number of movie critics, scholars and authors have tried to explain this particular aspect through their examination of the societal trends throughout history. The movie expresses a buildup of romance in a volatile period where the particular affluence of individuals didn’t matter much (Boyer, Clark, Kett and Salisbury 483). The particular characters played by Clark Gable and Vivien Leigh captivate the viewer to a point where one is forced to stop thinking and just marvel at the pictures though the story. While the viewer may be aware of the historical events during the time that the movie is set in, there is very little in the public domain that explores the societal position on an individual level. The political events of the time are identified to thrive on a backdrop of rich social activity and domestic turbulence. The cinematic display of romance in this movie is exceptional and has been pointed out as the basis of the success of the movie at a time when Hollywood was just defining itself. The realism of the movie in general, lies in the fact that it is a story about the real lives of individuals in a historical period that most viewer are aware of even if most may not have experienced it. The fact that the director of the film was able
A traditional approach to the strategic development depends on analyzing the potential areas for entering and developing, while depending on the economic analysis and identification of future outcomes. However, this approach is also usually followed by competitors within the industry, and it limits the company’s potential for the progress. According to Gavetti, the alternative approach to contributing to the competitive advantage is the focus on searching a cognitively distant opportunity that can “embrace the reconceptualization of the business” (Gavetti, 2011, p. 120). This paper aims to provide the identification and explanation of a cognitively distant opportunity for Bodega in Boston, Massachusetts, and the legitimization of the discussed opportunity. Background Information Bodega is the developed shoe store business. The retailing business was established by Jay Gordon, Oliver Mak, and Dan Natola in 2006. Previously, Gordon and Mak cooperated to develop the online clothing store, and then they focused on promoting Bodega stores. Bodega stores were opened in response to the “sneaker collection hysteria” observed in 2006 (Alexander, 2010). Gordon, Mak, and Natola revised their strategic opportunities in 2010, and opened the unique Bodega shoe store in Boston, Massachusetts. The Cognitively Distant Opportunity for Bodega in Boston In 2010, Gordon, Mak, and Natola changed their strategic approach to the shoe store business and focused on a cognitively distant opportunity as the previously overlooked strategic opportunity. Gordon, Mak, and Natola decided to make the revolution in the retailing business and opened a shoe store that cannot be easily found and accessed because of difficulties associated with finding the entrance door (Alexander, 2010). Bodega shoe store in Boston is located under a convenience store. The design of a convenience store is typical for such a place, and customers have the opportunity to buy some soda and other foods in this convenience store. The secret entrance to the shoe store is hidden in the corner, and it is designed as the old-fashioned Snapple vending machine. As a result, those customers who have not previously visited Bodega shoe store experience certain difficulties while searching the entrance door to the store (Alexander, 2010). Bodega shoe store located under the convenience store is the shoe boutique that is fashionably designed with the hardwood. The variety of shoes in Bodega shoe store is like in any other shoe boutique where several brands are represented. The scope of prices presented in the shoe boutique is also large, including sneakers from $60 to $300 (Alexander, 2010). The rate of visitors is high, and the annual profits are comparably higher than the revenues of retailing competitors in Boston. Today, Bodega shoe store is discussed as a phenomenon in the retailing industry that is replicated in the other large cities of the United States and in the European capital cities. Arguments to Discuss the Opportunity as Legitimate The cognitively distant opportunity identified and used by Gordon, Mak, and Natola in order to organize the ret
Introduction Written and directed by Andy and Wachowski, The Matrix is a fiction movie released on March 31, 1999. It has attracted numerous responses from fans who think of it as ingenious, intriguing, and very entertaining piece, as well as critiques who think that it is just an idea borrowed from previous fictional works produced in the past. Nevertheless, it offers a unique perspective on the world and especially with regard to the element of reality. The post-apostolyphic world depicted in this movie is bad. The movie depicts the co-existence of two worlds. One of the worlds is termed as the “real” world, whereby the sentient machines seize control of the world, imprisons the entire human population, and uses the prisoners as energy sources. The machines live off the heat and electrical energy emitted by people. The second world is a generic world created by the machines in order to pacify the human being as the machines siphon energy from people by plugging the human beings into an artificial intelligence system known as the Matrix. Once plugged in, the Matrix re-programs the brain to think that what it perceives is actually real and so every person plugged into this system thinks that the life he or she is living is real. For instance, Thomas Anderson, the main character in the movie, is a computer programmer who has a double life as a hacker going by the name Neo. This side of a hacker is his life in the matrix. In the “real” world though, the machines have plugged him into the Matrix and he has been there ever since. The entire movie revolves around Thomas, alias Neo, and his quest to free everyone from the Matrix so that together they can fight against the machines and attain their freedom from both the Matrix and the machines that control them. With that in mind, this essay takes a critical look into the generic world, the Matrix. The aim is to establish whether that world is good or bad as depicted in the movie by highlighting some of the advantages and disadvantages as compared to the “real” world. Demystifying ‘The Matrix’ Everything has its advantages and disadvantages and this age-old aspect is one of the criteria used in the determination of good and bad. Looking at the Matrix from the point of view of the people, one of the discernible advantages is that even though the machines plug people to the system against their will, the people co-exist peacefully without conflict. Human beings are prone to conflict due to their numerous differences regarding personalities and ideas. This element is notably absent in the Matrix before Neo, in his self-awareness, disrupts it. The existence of peace benefits the machines in that they are able to optimize energy harvesting, but it also enables people to get along without fighting one another. Another notable advantage is that there is synchrony in the running of affairs in the generic world. People do not fight for resources as what they perceive as a good life is controlled by the system. People have jobs and homes and though only ge
Describing the Intervention The article by Angelucci et al. (2015) focuses on a randomized experiment that was conducted by Compartamos Banco, the largest microlender in Mexico. Since it is a randomized experiment, the intervention implies treatment and control groups. On the one hand, the treatment group representatives were given access to door-to-door loan promotion and credit, with lending expansion at 110 percent of the annual percentage rate (APR). These participants provided their addresses to ensure that the financial organization would manage to reach potential loan recipients. On the other hand, the control group did not witness any loan promotion and failed to receive access to credit. The proposed intervention’s objective was to identify how expanded access to microcredit could influence credit use in Mexico. It was decided to determine whether the intervention would result in any changes in six areas, including labor supply, subjective well-being, microentrepreneurship, social status, income, and expenditures. Another objective was to find out whether borrowing at higher interest rates implied negative distributional impacts among the studied population. The information above was necessary for the country to examine if some credit options could result in significant improvements for the citizens’’ well-being and financial state. The intervention was implemented in north-central Sonora, Mexico, in early 2009. Compartamos Banco focused on “238 geographic ‘clusters’ (neighborhoods in urban areas, towns, or contiguous towns in rural areas)” (Angelucci et al., 2015, p. 152). These clusters included 16,560 surveys that addressed potential borrowers’ households and businesses. Consequently, the intervention covered a significant portion of the Mexican population, which also contributed to the generalizability of the results. It denotes that the article’s findings predict how the country can respond to expanded access to microcredit. Summarizing the Findings As has already been mentioned, the findings focus on the six domains, and the given section will comment on each of them in detail. Firstly, micro entrepreneurship activities demonstrated that increased access to credit opportunities contributed to growth in business size, but essentially higher revenue or a larger number of businesses were not found. Secondly, the domain of income focuses on different sources of earnings that relate to labor, remittances, business, and aid. The article did not find any statistically significant effects on income size within these four areas. Thirdly, the labor supply area was represented by the respondent’s participation in economic activities, a fraction of working children, and a number of relatives employed in the respondent’s business. The intervention did not result in any statistically significant improvement or deterioration
Military intervention abroad by the United States The most recent international incidences in which the United States used military action abroad are the 2009 cruise missile attack in Yemen and the 2011 coordination of missile attacks and air strikes against the Gadhafi regime in Libya. The 2011 NATO led attacks in Libya in the year 2011 are part of the recent direct interventions that have been taken by the United States government. The attacks were coordinated by the United States military, under the banner of NATO. The United States led attacks resulted in the death of Gadhafi and the ousting of his regime that had been in power for several decades. However, several concerns were raised about the motive of the United States and its direct involvement in Libya. Whether the Gadhafi regime was a real threat to international security and the national security of the United States largely remains to be a rhetorical question. Also, questions are raised about the genesis of the revolt against the Gadhafi government considering the fact that Gadhafi had led the country into economic prosperity. Even after the ousting of Gadhafi, the country largely remains politically unstable with no peace (Dunne & Gifkins, 2011). The US missile attack in Yemen is part of the series of United States intervention in a bid to track down the Al-Qaeda terrorist group. With the 2009 military attack in Yemen killing 49 people, several concerns were raised about the considerations that are made by the United States when conducting its war on terror as more innocent lives are lost in the war (Roggion, 2009). The United States as a dominant military and Diplomatic force after WWII The end of the Second World War is an important part of the history of the modern United States. After the participation of the United States in the war, especially the support of Western Europe, the United States government embarked on a course that now determines the position of the United States in the world today. Different political commentators bring out different reasons to explain the dominance of the United States, military wise and diplomatic wise, in the global stage after the Second World War (Yongping, 2006). According to Mosser (2010), the two world wars were significant to the later dominance of the United States on the global stage. Having flexed its power in the world wars, the United States concentrated on the development of military technology and the subsequent deployment of the military technology in warfare, with fewer casualties on the United States citizens. Patterned with other technological developments in other fields, it was evident that the United States was a major force in influencing the course of events on the world stage. It is also important to note that the other states that were directly involved in the war, among them the Great Britain t
Introduction Malaysia is among the countries that were under the colonial rule for long period of time and the effects of this are still felt to this day. Before the Second World War came to an end and the coming up of nationalism, the superpower countries engaged in liberating the African and Asian nations, “imposing their law, transporting immigrants and suppressing local demand for control of the economy” (“What colonialism has done to us, Malaysia” para1). Therefore, for a large number of years’ doings, the adverse effects of the colonial rule are still being felt. In the Malaysian situation, what is now a clear effect of the British colonial rule is the existence of a racial population. In this paper, a brief history of the colonial rule Malaysia is going to be given and the effects of this rule on the modern Malaysia are also going to be discussed. The History of the British Rule in Malaysia Towards the end of the 18 th century, the British India Company traded with India and also partly controlled it. During that period, they started searching for a base in Malaya. The British occupied Penang in the year 1786 and at the same time foun
Introduction Christine Rosen in her article disregards multitasking and advocates for single working for one to succeed in the daily activities. She relates the multitasking of an individual in life with the invention of computers. According to Rosen, just as computers perform many activities at a time, many people currently indulge in performing a multitude of chores within a very small range of time[1]. Despite multitasking having some significance in life, according to the article it has side effects on an individual’s lifestyle. For instance, many people are prone to deadly accidents when driving and at the same time using their phones. The majority of the people also end up in critical conditions such as loss of memory due to the disruptions they encounter while working from their phones or computer mails. (Rosen 410 )[2]. Main Text There is a considerable misunderstanding on the side effects of overworking the brain with a multitude of chores, many people believe in the unproductive myth that, “the brain can work in more than one activity at a time”. According to Rosen’s article, the brain needs to have a limit of activities to work on at a time to avoid chances of losing the normal reasoning. In her article, Rosen also expresses how multitasking leads to considerable losses in the economy of many nations, according to the researches carried out, the majority of the workers recover unusually slowly from the disruptions made to them by the multitask activities they involve them in. (Rosen 411). Change of brain activities according to the article by Rosen, also leads to the brain halt in reasoning. According to her, research shows that for the brain to decide on what to solve first, it needs more than enough time when dealing with more than one issue. Overworking of the brain also results in individual stress and aggressiveness in life[3], this is because brain overworking leads to the release of adrenaline and stress hormones that apart from “resulting to the loss of short-term memory,” it may also cause an individual to behave abnormally in the society. (Rossen 412). There is also notable confusion between loss of efficiency and over efficiency in the majority of the peo