Shakespeare Essays (814 words) - Shakespeares Sonnets, Sonnets

Shakespeare Also, Immortality The quest for eternality has grieved rationalists since the beginning of human race. Various notable figures, including Ramses XV of Egypt and Julius Caesar of Rome, have attempted to accomplish physical eternality through different shallow measures. Entertainers of the old realms have battled to figure out how to stop the maturing procedure of a person. Each one of those endeavors have end up being fruitless and starting today there is no demonstrated technique that empowers an individual to live until the end of time. Nonetheless, the Renaissance age carried radical changes to human impression of life. Not, at this point an individual could stay uninvolved about the course that their life takes. Renaissance man was relied upon to make progress toward higher accomplishments in each part of life. This included political, money related and social perspectives. These thoughts cleared route for another idea of interminability - everlasting status through workmanship. Da Vinci painted Mona Lisa and got undying through inheritance that he deserted him. Beethoven composed his fifth Symphony also, he is still associated with it. These thoughts of endless life were reflected in verse of William Shakespeare - the Renaissance man of England. In various his works Shakespeare discusses everlasting status from differing perspectives. It is a miracle how Shakespeare can adopt an issue and strategy from various points of view and each time a similar issue is introduced in new light, and charged with new feelings. There are two essential manners by which Shakespeare identifies with the thought of eternality. In first methodology the creator depicts unceasing life through a chain of correlations and different implications of similar words. In piece number 5 artist connects an individual with a bloom. A bloom that is wonderful in its more youthful years yet as the time Will play the dictators to exactly the same, And that out of line which decently doth exceed expectations; (5.3-4) it makes ugly that which now exceeds expectations in excellence, and in the end prompts blossom's passing. The piece goes on to make reference to the procedure through which aromas are extricated from blossoms, and it further expresses that significantly after the blossom is a distant memory, it is recalled each time somebody perceives its sweet smell. In this sonnet, Shakespeare makes a direct examination with reality, in light of the fact that similarly as a plant is associated with its alluring smell, individuals are associated with their great deeds even long after their passing. Comparative thoughts are introduced in piece number 54. In this piece the creator discusses individuals who are wonderful outwardly, however vacant and ugly inside. The artist expresses that as life goes on, the external magnificence blurs, and demise follows, and just those individuals who were all the more at that point void shells, will be recollected. Thus of you, beauticius and flawless youth, When that will blur, by refrain distils your fact. (54.13-14) Another route through which Shakespeare sees everlasting status is by expounding straightforwardly on it. There is a number of sonnets in the creator presents interminable life in plain and exact language. In piece number 15 the creator says, And all in war with time for affection of you, As he takes, I engraft you new. (15.14-15) It is clear that what writer implies is that despite the fact that time makes individuals more established, verse can revive a individual by realizing back recollections the past. It can even restore a dead individual in human brain, each time that the sonnet about that individual is perused. In his works, Shakespeare really accepts that verse carries everlasting status to individuals. In piece number 16 he composes, But wherefore don't you a mightier way Make war upon this ridiculous despot, time, And brace yourself in your rot With implies progressively Blessed the my desolate rhyme (16.1-4) along these lines posing a basic inquiry, What better approach to deify yourself then through verse?. Eternal life appears to be seen by the essayist as a blessing from past, a gift that solitary a couple picked will get. It very well may be followed further in poem number 18, which states that once a sonnet about somebody is composed, that individual is godlike for as long as natural eyes can see. This is an extremely hopeful way to deal with verse yet it brings up certain issues. Other than the way that an individual must have the option to see in request to peruse, an individual ought to likewise have at any rate ostensible enthusiasm for what he is perusing. Shakespeare will in general neglect this reality. At long last in Sonnet number 55 the essayist states, Not marble nor the guilded landmarks Of rulers will outlast the amazing rhyme, (55.1-2) This is a

Kant’s Approach to Ethics and the Issue of Suicide Essay Example for Free

Kant’s Approach to Ethics and the Issue of Suicide Essay The Renowned German logician, Immanuel Kant (1724-1804) was one of the most powerful thinkers of the advanced age, whose idea, with its accentuation regarding the matter, turned the wheels of western way of thinking to another union of optimism and authenticity as introspective philosophy. His moral hypothesis, created in his presumed book The Foundations of the Metaphysics of Morals, must be brought with the soul of reasoning that cherishes his three Critiques at whatever point one endeavors an investigate on moral issues like self destruction as a signal of self esteem. Body of the Essay (Can self destruction be moral? ) Kant holds the hypothesis of inherent profound quality dependent on the independence of human will. Great is acceptable without anyone else, and the privilege is directly without anyone else. It doesn’t rely on the results or impacts of the activity for a human activity to be correct or wrong. As indicated by Kantian deontological hypothesis of morals, ending it all isn't right and unsuitable from any point of view since it is an activity that conflicts with the straight out basic he proposed as the standard for moral choices. His Categorical Imperative runs hence: â€Å"Act just as per that adage by which you can simultaneously will that it should turn into an all inclusive law. † (Wolf Robert Paul (ed) Foundations of the Metaphysics of Morals: content and basic expositions. 1969. p. 44). Every individual subject ought to choose for himself and act so that he wills that his saying ought to be an all inclusive law. (Wolf, p. 21). Let us currently take up the issue of self destruction. Self destruction might be an actually chosen act, on narrow minded reasons, feelings or suggestions from physical circumstances (as on account of willful extermination). In whatever regards it might be, it conflicts with the Categorical Imperative, and thus, it is naturally or characteristically wrong to submit it. Kant contends that ending it all out of self esteem is in opposition to the all out basic in light of the fact that there is an inconsistency in an arrangement of nature, whose law is crush life by the inclination whose extraordinary office is to incite the improvement of life. (Wolf, p. 45). Or maybe he imagines that the devastation of life is incongruent with its improvement and that nature consistently picks organs adjusted to their motivation (p. 13), with the goal that nature couldnt (or wouldnt? ) permit self esteem to be utilized in a manner in spite of its motivation which is improvement and sustain of life. As per Kant’s natural profound quality, the clear cut basic additionally bolsters a Practical Imperative, that one needs to act so one treats humankind, regardless of whether in his own individual or in that of another, consistently as an end in itself and never as a methods in particular. (Wolf, p. 54). One needs to regard and bolster one’s life as a result of the nobility suggested inside. By pride, he implies, unequivocal and unique worth (Wolf, p. 61). Kant bolsters this hypothesis with his hypothesis of incommensurability, which holds that ethical righteousness is unendingly better than all else. From the point of view of human pride too, self destruction is by all accounts an unbecoming activity for people. End For Kant, reason holds the incomparable situation (as explained in Critique of Pure Reason), and morals as science, isn't established in religion or power, yet rather on the inborn worth of presence. Consequently, self destruction is an inadmissible method of activity even from the point of view of self esteem. Love sustains and does once in a while annihilate. What's more, in any event, when a touch of devastation is included, it is just to support better that it crushes. Self destruction is all out obliteration without support and subsequently repudiates the very idea of self esteem. References Gregory, Mary (ed)(1998) Groundwork of the Metaphysics of Morals by Immanuel Kant. New York: Cambridge University Press Henson, Richards (1979). What Kant Might Have Said: Moral Worth and the Over-assurance of Dutiful Action†, in Phil. Audit, January, 1979, pp. 39-54). Smith, Norman Kemp (trans. ) (1965) Critique of Pure Reason. New York: St. Martin’s Press. Wolf, Robert Paul (ed. ) (1969) Foundations of the Metaphysics of Morals: content and basic papers. trans. , by Lewis White Beck. Indianapolis: Bobbs-Merrill.

American History Week 4 #16 Article Example | Topics and Well Written Essays - 250 words

American History Week 4 #16 - Article Example He dismissed the utilization of blackface exhibitions and minstrel shows that whites used to delineate African Americans as dumb, crude, and apathetic individuals. Such plays prodded Africans and put down them generously. Torrence saw this racial disaster and chose to censure it only. Moreover, McKay contributed through his inconceivably perused sonnet named â€Å"If We Must Die† (Taylor, 2006). The sonnet censured the merciless killings that whites executed on the blacks. The blacks experienced incredible bad form from the whites who tormented and slaughtered them without legitimate reasons. The sonnet similarly asked the Negros to fight back. McKay was against the uncontrolled and unwanted passings that immersed the Negro people group in Harlem and past. He encouraged the blacks to oppose the killings through reprisal regardless of their constrained numbers. Likewise, Hubert Harrison established the clench hand dailies for the New Negro development, which showed the battle a gainst the whites’ narrow mindedness and commencement of developments that disdained the proficiency and trustworthiness of blacks. The aggregate effects that crafted by these figures made on the American culture were various. Clearly, their endeavors diminished the tolls of separation that the Africans confronted. The blacks got more grounded in battling for their levy and opposed the dishonorable separation from whites. These craftsmen suffered to show that the dark social orders were comparatively people and merited reasonable medications simply like whites. Also, blacks correspondingly contributed the structure of

Guide In Choosing Your College Major

Once the adjustment period is done and over with, students are required to choose a major in college. Ideally, you already know what your major your going to take once you started college. However, choosing a college major isnt always easy for everyone. For some, choosing a college major is tricky because its either they dont know what they want or they have too many choices. Having so much to choose from and having limited resources can be burdensome. That said, there are also external factors as to why choosing a major in college is hard, and one of them is the parents. Some students have parents that strictly want their kid to become a doctor or a politician, but its not exactly what the student wants. This kind of situation makes the decision of choosing a college major more difficult.There are also some majors that require more money than others, which might hinder students from choosing it. Not all students have access to any support or privileges that can make their college ex perience easier. Studying in college alone is expensive enough, and if they believe their desired major is something they cant afford they will likely hold back. This kind of issue can be helped by scholarships and financial need assistance programs which are put up to help students study, hopefully, a major they want. Choosing a college major doesnt have to mean limiting your options due to financial strain.In this post, we will attempt to uncover a useful and helpful guide to help you choose a college major for yourself. Dont mind the nagging thought (or parent) inside your head and follow this advice that can help you with choosing a college major.Choose a College Major based on yourInterests.First and foremost, consider your interests when youre choosing a college major. Studying can be easier when you know its something youre passionate about. Although some interests change over time, thats only because theres not enough foundation and building to it. Once you have decided to s tudy something youre interested in, then it will easily stay on you since you are constantly learning something about it. Its hard to become invested or study a major you know nothing about or have zero interest in. The likeliness of passing courses is very high when you have the drive to study, as opposed to having no passion for your major at all.Values.College is a time for young adults to discover themselves; a time for self-reflection. Not only are you a student, but youre also a person being initiated into adulthood. Choosing a college major that aligns with your conceived values will become rewarding and encouraging once you graduate and you are finally taking on a job that helps you fulfill those values. If helping others is something you find rewarding, then consider a path that will make that easier for you.Personality.You know yourself more than anyone else, so you know what kind of person or student you are. Often your study pattern is aligned with your personality, so c onsider that as one of the key decision-making factors when choosing a college major. Some college majors differ in study methods and techniques, some require a lot of reading and digesting while others need hands-on learning. If you are someone who gets easily bored or distracted when attempting to study then maybe think about choosing a major based on your personality. By doing so, youll have an easier time getting desirable grades because you are comfortable with the study pattern.Skills and Abilities.Its good to have a college major you dont have to learn all over again. Choosing a college major that allows you to learn interesting abilities that you may already acquire will help you gain an advantage. Self-learning prior to actual learning is vital to know if its something you are good at and can excel further into. Further developing ability or skill by choosing a major that allows you to utilize can ease the pressure college brings. If youre someone whos good at writing, then consider a major that helps you cultivate that skill. Of course, writing is a necessity in college because most majors will require you to write essays, research papers, and other term papers to fulfill a course requirement.Consider your futureCareer.You wont be in college studying forever. Choosing a college major also means you are paving the way for your career path. When you choose a college major it means you have settled for a linear goal. Some college majors lead to multiple careers, however, its essential you have one thing in mind to help you better achieve that goal. Also, ensure that your prospective college major will continue to be necessary and employable by the time you graduate. Choose a college major that is relevant and will help you pursue a dream career.Pay.As aforementioned, college tuition and other fees are expensive, and if youre among many students who havent had the chance to apply for a scholarship but instead opted for a student loan, then its okay to ch oose a major in college that will pay a lot in the future once you have secured a job. By doing so, youll be able to pay your student loan debt easier. This kind of forward-thinking will make choosing a college major easier. Some people are lucky enough to find a major in college that is both their passion and actually pays well in the future.Job search.Four years from now, when youve finally graduated and got a degree in your chosen college major, will your job search be easy or will you have to take on other kinds of jobs just to sustain your lifestyle and job search until further notice. If thats okay with you then go ahead and pursue that college major. Harsh realities will kick in quickly after youve graduated because there are college majors which have jobs that are hard to land or require experience beyond a college degree. But dont fret over this fact because if youre really passionate about your college major and chosen career path then learning wont end when you graduate, eventually, youll gain enough experience and networks that will help you land a job. If youre willing to sacrifice a quick job search because of what the program you chose curtail, then choosing a college major will be easier because you already know of the possible risk it poses. Furthermore, there are some career paths that are more complicated than just landing a job, meaning you will have to work at your own pace and conditions or take another level of education like law or med school.When youre overwhelmed with so many choices when it comes to choosing a major in college, its easier to just pick one and go with it until youve graduated. This will prove to be challenging for students further into studying, especially when you no longer have an idea what youre doing and youre caught in between massive coursework and an existential crisis. Dont carry that feeling all the way to after graduation. Choosing a college major is not an overnight decision, take your time and consider wha tever you have to consider before making a decision. Try to start thinking about what you want to do and what youre good at as early as your junior year in high school. By doing so, youll also have a head start in researching that major and look up whichcollege or universityoffer the best program for that major. Writing assistance for college studentsWhether or not youve already decided on your major, theres no denying college is demanding when it comes to time, attention, and effort. All your days and weeks will be spent going to class, listening to professors, and working on a paper. Choosing a major on top of fulfilling class requirements will be a handful in these situations, but luckily, there are services online available for students to avail. offers assistance and writing services for college students. We can write and make papers from essays to PowerPoint Presentations. Any term paper you need to do well have our expert writers work on for you if you seek our help. Contact us here and let us know what you need. Once you have chosen a major in college, well still be here to help you out.

A Simple Definition of a Trust - Free Essay Example

Sample details Pages: 12 Words: 3747 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Trust Essay Did you like this example? à ¢Ã¢â€š ¬Ã‹Å"It is simply not possible to formulate a single, simplified definition of à ¢Ã¢â€š ¬Ã‹Å"a trust.à ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã…“The word à ¢Ã¢â€š ¬Ã‹Å"Trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ refers to a duty or aggregate accumulation of obligations that rests upon a person as a person described as a trustee. The responsibilities are in relation to property held by him or under his control. He will be compelled by a court in its equitable jurisdiction to administer that property in the manner lawfully prescribed by the trust instrumentà ¢Ã¢â€š ¬Ã‚ ¦ As a consequence the administration will be in such a manner that the consequential benefits and advantages accrue, not to the trustee, but to the persons called the beneficiaries.à ¢Ã¢â€š ¬Ã‚ [1] A trust essentially is a relationship between the trustee and the beneficiary. Don’t waste time! Our writers will create an original "A Simple Definition of a Trust" essay for you Create order The trustee (formerly known as a à ¢Ã¢â€š ¬Ã‹Å"foefee to usesà ¢Ã¢â€š ¬Ã¢â€ž ¢) will hold property on trust for the benefit of another person who is regarded as the beneficiary (formerly known as à ¢Ã¢â€š ¬Ã‹Å"cestui qui useà ¢Ã¢â€š ¬Ã¢â€ž ¢). For a trust to be valid there must be: capacity, three certainties, formality and constitution. A person must have legal capacity in order to create a trust. This means that a minor cannot do so unless they are soldiers.[2] A person may also be deemed to be unfit for capacity if they are held to be mentally disabled under the Mental Capacity Act2005.[3] However, if they made a trust when they were of sound mind, then this may be held valid as they were capable of understanding the conditions laid out. There must also be three certainties contained within a trust to make it valid. These three certainties were established in the case of Knight v Knight (1840).[4] Lord Langdale stated the criteria à ¢Ã¢â€š ¬Ã…“First if the words were so used, that upon the whole, they ought to be construed as an imperative; secondly, if the subject of the recommendation or wish is certain; and thirdly, if the objects or persons intended to have benefit of the recommendation or wish also be certain.[5] Therefore, the three certainties are: certainty of intention, certainty of subject matter and certainty of objects. Without these certainties, the trust will not be validly à ¢Ã¢â€š ¬Ã‹Å"declaredà ¢Ã¢â€š ¬Ã¢â€ž ¢ as such. The wording of a trust is fundamental to get correct and the wording may be sub-divided into imperative words and precatory words. In the cash of Jones v Lock (1865)[6] it was held that a cheque in the testators name, which he wished to give to his baby before dying, could not be held to be a valid trust or an absolute gift. When creating a trust, the Administration of Estates (NI) Act 1955 s2(3) must be adhered to. This states à ¢Ã¢â€š ¬Ã…“A grant of probate or letters of administration shall, unless contain ing an express limitation to the contrary, have effect as well over the real as over the personal estate and the personal representatives of a deceased person shall hold his real estate as trustees for the persons by law entitled thereto.à ¢Ã¢â€š ¬Ã‚ [7] The certainty of intention is key in order to remove any ambiguity in wording. However, it must be acknowledged that the word à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ does not have to be present for a trust to occur. This was shown in Re: Kayford [1975][8] with Megarry J stating: As for the requisite certainty of words, it is well settled that a trust can be created without using the words à ¢Ã¢â€š ¬Ã…“trustà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“confidenceà ¢Ã¢â€š ¬Ã‚  or the like: the question is whether in substance a sufficient intention to create a trust has been manifested.[9] He later went on to add that à ¢Ã¢â€š ¬Ã…“It is well settled that a trust can be created without using the word à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬ â„ ¢ or à ¢Ã¢â€š ¬Ã‹Å"confidenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ or the likeà ¢Ã¢â€š ¬Ã‚ .[10] Another example of wording being important was the case of Re: Adams Kensington v Vestry (1883)[11] where the testator used the phrase à ¢Ã¢â€š ¬Ã…“I give, devise and bequeath all my real and personal estateto my dear wife Harrietin full confidence that she will do what is right.à ¢Ã¢â€š ¬Ã‚  Even though proper wording had been used, the court held this as an absolute gift as opposed to a trust as precatory words only were not sufficient. The most recent case in regards to certainty of intention is the case of Paul v Constance (1977).[12] This was in regards to a bank account where bingo winnings were deposited. The two people in question were not married however, the court ruled that there was a trust due to the fact that the two peoples conduct amounted to its validity. The second of the threefold criteria is the certainty of subject matter. It is vital that the property is described an d no ambiguity can occur as was the problem in the case of Palmer v Simmonds [1854][13] when it was deemed that the word à ¢Ã¢â€š ¬Ã…“bulkà ¢Ã¢â€š ¬Ã‚  could not be used as it was too problematic to describe. In Re: Golay (1965)[14], it was deemed that the statement of à ¢Ã¢â€š ¬Ã…“one of my flats and a reasonable incomeà ¢Ã¢â€š ¬Ã‚ , was enough to satisfy the criteria that it could be regarded as a valid trust. The case of Re: Goldcorp[15] was a key decision as it was decided that the subject matter within the trust was not to be held separate from other assets and therefore this did not amount to a valid trust. However, in contrast, the case of Hunter v Moss [1994][16] stated that property must be identified or else it will be void for uncertainty. This was a matter which dealt with segregation of property when it is in regards to intangible, identical property. However, Alastair Hudson was quite critical of this decision and states à ¢Ã¢â€š ¬Ã…“doctrinally, it is sug gested that the decision inHunter v Mossis wrong and should not be relied upon.à ¢Ã¢â€š ¬Ã‚ [17] The final criteria is the certainty of objects. This relates to the actual recipient of the trusts who is regarded as the beneficiary. The beneficiary must be clearly outlined or else this may lead to a voidable trust. Lord Denning commented on this strand of the criteria by stating It is clear law that a trust (other than a charitable trust) must be for ascertainable beneficiaries.[18] In Re: Gulbenkianà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement Trust [1970][19] it was deemed that the list of beneficiaries was too ambiguous and therefore the à ¢Ã¢â€š ¬Ã…“is or is notà ¢Ã¢â€š ¬Ã‚  test was established by Lord Upjohn to determine whether or not a debateable person is or isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t a beneficiary.[20] This test was then used in the subsequent case of McPhail v Doulton [1970][21] however, Lord Wilberforce added an extra dimension added to it and it was amended to à ¢Ã¢â€š ¬Ã…“Can it be said with certainty that any given individual is or is not a member of the class?à ¢Ã¢â€š ¬Ã‚ [22] The significance of this case was that, if a person is outlined as a beneficiary or not, then this will amount to the creation of a discretionary trust. Yet again, the à ¢Ã¢â€š ¬Ã…“is or is notà ¢Ã¢â€š ¬Ã‚  test was also used in Re: Badens Trusts Deed (1973)[23] which addressed the issue of differentiating between conceptual certainty and evidential certainty. It was concluded that just because a person cannot be established to be in or out of the class as such then this does not render a trust to be void for uncertainty. Constitution is an important factor in the process of creating a trust. Constitution of a trust will enable each party to know their role as such. It will outline who the settlor/testator is, who the trustee is and who the beneficiary is. It places a duty upon the trustee to make sure the trust is enforced and it also gives a right to the beneficiary to profit from it. During the constitution phase, it is fundamental that the testator makes his intention clear that he wishes for it to be held as a trust. If he does not, constitution may be held to be incomplete. There are many different types of trusts. It is important to investigate whether the trust is public or private. If it is public, it will usually be a charitable trust however, if it is privates, this then can be sub-divided into 5 trusts. These 5 trusts include: Express, non-charitable resulting, constructive and statutory.[24] An express trust is created or implied by an instrument of declaration or imposed by an enactment.[25] à ¢Ã¢â€š ¬Ã…“These trusts are the product of an express and expressed intention of the settlor to create a trust.à ¢Ã¢â€š ¬Ã‚ [26] An express trust can be further separated into fixed trusts and discretionary trusts. à ¢Ã¢â€š ¬Ã…“The beneficiaries of fixed trusts have a definable, fixed claim to a share of the trust proceeds or tru sts capital.à ¢Ã¢â€š ¬Ã‚ [27] However, on the other hand, à ¢Ã¢â€š ¬Ã…“discretionary trusts have no definable claim to a share or trust capital.à ¢Ã¢â€š ¬Ã‚ [28] Therefore, in essence, a person who is a beneficiary of fixed trust is guaranteed to receive something from the trust whilst a beneficiary, under a discretionary trust, are seen as principally à ¢Ã¢â€š ¬Ã…“potential beneficiaries and are incapable of disposing of their potential interests by way of a trust.à ¢Ã¢â€š ¬Ã‚ [29] à ¢Ã¢â€š ¬Ã…“A non-charitable trust benefits a person or persons or an institution that is not considered a charitable institution.à ¢Ã¢â€š ¬Ã‚ [30] However, it should also be noted that these types of trusts do not benefit from certain advantages that a charitable trust would benefit from e.g. tax exemption. Non-charitable trusts are not created fora human beings benefit and it is usually left for a purpose for example to save an animal. However, non-charitable trusts have 3 objectio ns against their validity. The first one is that the wording of the trust must be specific and unambiguous. This was shown in the Re: Astor [1952][31] case which dealt with shares of the observer newspaper. The trustees were required to apply the shares for à ¢Ã¢â€š ¬Ã…“the maintenance of good understanding between nationsà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“the preservation of the independence and integrity of newspapersà ¢Ã¢â€š ¬Ã‚ . The trust was ruled void as a result of the vagueness of the request. The second objection is the aspect of the beneficiary principle with many arguing that the trusts cannot be properly enforced. The case of Morice v Bishop of Durham (1805)[32] stated à ¢Ã¢â€š ¬Ã…“Every trust must have an object; there must be somebody in whose favour the court can decree specific performance.à ¢Ã¢â€š ¬Ã‚  Therefore, the validity of these trusts often comes into question due to the sheer fact there is no beneficiary to actually enforce them which results in the trusts failure.[33] The second argument is over perpetuity duration. Common law states that if no particular life is specified, then the specified time for the trust will be 21 years and, if the trust eclipses this 21 year period, it will be ruled void for perpetuity. It is also important to note that, if there is a chance that the trust will exceed the 21 year period, it will automatically be ruled void. Section 1 (1) of the Perpetuities and Accumulations Act 1964[34] states that, under statute, the perpetuity period is 80 years.[35] A resulting trust happens when a à ¢Ã¢â€š ¬Ã…“legal title is vested in a trustee, while the settlor and the beneficiary are actually the same person.à ¢Ã¢â€š ¬Ã‚ [36] à ¢Ã¢â€š ¬Ã…“The term à ¢Ã¢â€š ¬Ã‹Å"resulting trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ is derived from the Latin à ¢Ã¢â€š ¬Ã‹Å"resalireà ¢Ã¢â€š ¬Ã¢â€ž ¢, meaning to à ¢Ã¢â€š ¬Ã‹Å"jump backà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã¢â‚¬Å" that is, the equitable interest in property à ¢Ã¢â€š ¬Ã‹Å"ju mps backà ¢Ã¢â€š ¬Ã¢â€ž ¢ to its original beneficial owner.à ¢Ã¢â€š ¬Ã‚ [37] It may be argued that the beneficial interest of the owner never actually leaves them and therefore this concept of the trust à ¢Ã¢â€š ¬Ã…“jumping backà ¢Ã¢â€š ¬Ã‚  is actually a paradox. This presumption was supported in Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972][38] with Megarry VC stating à ¢Ã¢â€š ¬Ã…“A resulting trust is essentially a property concept; any property that a man does not effectually dispose of remains his own.à ¢Ã¢â€š ¬Ã‚ [39] This was further backed by Plowman J in the case of IRC v Vandervell [1967][40] when he stated à ¢Ã¢â€š ¬Ã…“As I see it, a man does not cease to own property simply by saying à ¢Ã¢â€š ¬Ã‹Å"I donà ¢Ã¢â€š ¬Ã¢â€ž ¢t want it.à ¢Ã¢â€š ¬Ã¢â€ž ¢ If he tries to give it away the question must always be, has he succeeded in doing so or not?à ¢Ã¢â€š ¬Ã‚ [41] It can be difficult to distinguish between an implied a nd a resulting trust with Richard Edwards arguing that à ¢Ã¢â€š ¬Ã…“definitions in the law of trusts are usually difficult, and resulting trusts are no exception.à ¢Ã¢â€š ¬Ã‚ [42] A resulting trust will arise in three instance à ¢Ã¢â€š ¬Ã¢â‚¬Å" where an express trust fails, when an entire beneficial interest is not disposed of or when a trust purpose is achieved and money is left over. Alastair Hudson describes a concept which he dubbed à ¢Ã¢â€š ¬Ã…“the magic triangleà ¢Ã¢â€š ¬Ã‚ .[43] This is a threefold theory which consists of a settlor, a trustee and a beneficiary. Essentially, this theory states that a trust is formed when a settlor passes the legal title in land to the trustee whilst passing the equitable interest in land to the beneficiary. The trustee will eventually pass the legal title in land to the beneficiary given the terms set forth by the settlor. In the case of Re: Vandervells Trusts (no.2) [1974][44] Megarry VC stated that resulting trusts could be divid ed into two types: Presumed (based on the apparent intention of the testator) or automatic which occurs when a surplus is left. However, as Lord Browne-Wilkinson highlighted in the Westdeutsche v Islington [1996][45]a trust can not be à ¢Ã¢â€š ¬Ã…“automaticà ¢Ã¢â€š ¬Ã‚  as such and thus criticised Megarry VCà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory. He stated: Megarry J. inIn re Vandervell (No 2)suggests that a resulting trust of type (B) does not depend on intention but operates automatically. I am not convinced that this is right. If the settlor has expressly, or by necessary implication, abandoned any beneficial interest in the trust property, there is in my view no resulting trust: the undisposed-of equitable interest vests in the Crown as bona vacantia[46] It may be argued that this precedent, laid out in Westdeutsche[47], would have led to a different outcome in many preceding cases including the Gillingham Bus Disaster Trust [1958].[48] However, in essence, for a resulting trust to occur there must be a transfer of property and no permanent intention to create a beneficial interest for the recipient. This intention must only be temporary or else it will not be held as a resulting trust. à ¢Ã¢â€š ¬Ã…“Aconstructive trustarises where the evidence shows that the parties had a common intention that the one who is not the legal owner should have a beneficial interest and, in reliance on that understanding the non-owner acts to his or her detriment.à ¢Ã¢â€š ¬Ã‚ [49] A judicial based definition of a constructive trust was shown in the case of Paragon Finance v DB Therakar[1999][50] when Millet J tried to define it as being: A constructive trust arises by operation of law whenever the circumstances are such that it would be unconscionable for the owner of propertyà ¢Ã¢â€š ¬Ã‚ ¦ to assert his own beneficial interest in the property and deny the beneficial interest of another.[51] A constructive trust is derived from the conduct of the parties involved and unlike an express trust, it requires no formalities as per S. 53(2) of the Law of Property Act 1925.[52] For a constructive trust to be valid, it requires legal title in ascertainable property to be vested in one person and equitable or beneficial title in the other person. However, this may not be wholly true as highlighted by LJ Edmund Davies in Carl Zeiss Stiftung v Herbert Smith (no.2) [1969][53] when he said: English law provides no clear and all-embracing definition of a constructive trust. Its boundaries have been left perhaps deliberately vague so as not to restrict the court by technicalities in deciding what the justice of a particular case might demand.[54] A constructive trust can arise out of three situations. First, where parties show a common intention by both contributing to a mortgage, then this will amount to a constructive trust as was shown in Lloyds Bank v Rossett (1991).[55] Lord Bridge outlined what a à ¢Ã¢â€š ¬Ã…“modern constructive trustà ¢ â‚ ¬Ã‚  was and he stated that, essentially, intention can be established by agreement or by party conduct and this intention must be created expressly prior to the purchase of the property. Second, when a contract is formed which outlines the agreement between both parties to transfer rights, then it will be deemed that the equitable interest will be transferred.[56] Lord Browne-Wilkinson commented on the agreement aspect in Gissing v Gissing [1970][57] à ¢Ã¢â€š ¬Ã…“when he said the Court cannot devise agreements which the parties never made. The Court cannot ascribe intentions which, in fact, the parties never had.à ¢Ã¢â€š ¬Ã‚ [58] Lastly, a constructive trust may arise where land is deemed to be misused. As was the principle derived from Pallant v Morgan [1953][59], an agreement may arise between two parties however, if one abuses this agreement, they will have to sell the land and give the other party half of the profit. This principle was further elaborated upon in Ban ner HomesGroup plcv LuffDevelopments Ltd[60] by LJ Chadwick who stated that, for such an agreement to occur, a pre-requisite must be present between both parties. He continued to state that the acquiring party can object to the agreement but must do so before they gain an advantage or they will be bound to split any profit they make from the sale with the non-acquiring party. Therefore, in conclusion, à ¢Ã¢â€š ¬Ã…“Despite its long history there is no satisfactorydefinition of à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬Ã¢â€ž ¢. The best attempt at a description is probably that of Sir Arthur Underhill: Atrust is an equitable obligation, binding a person (who is called a trustee) to deal with the property over which he has control (which is called thetrust property), for the benefit of persons (who are called the beneficiaries orcestuis quetrust), of whom he may himself be one, and any one of whom may enforce the obligation.à ¢Ã¢â€š ¬Ã‚ [61] à ¢Ã¢â€š ¬Ã…“Many attempts have been m ade to define a trust, but none of them has been wholly successful. It is more useful to describe than to define a trust, and then to distinguish it from related but distinguishable concepts.à ¢Ã¢â€š ¬Ã‚  [62] As has been illustrated, trusts come in many different forms and this is why it is so hard to give a single, complete definition. Therefore, with regards to the statement in question, I would have to agree and say that it is indeed not possible to formulate a single, simplified definition of a trust. Bibliography Books Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th Edition, (Routledge Cavendish Publishing, 2013) Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th edition, (Routledge Publishing, 2009) D Hayton, à ¢Ã¢â€š ¬Ã‹Å"Law Relating to Trusts and Trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢, (London, Sweet Maxwell, 2010) Frank Maitland, à ¢Ã¢â€š ¬Ã‹Å"Equity: A Course of Lecturesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2nd Edition, (Cambridge University Press, 1936) Gary Watt, à ¢Ã¢â€š ¬Ã‹Å"Todd Watts Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 9th Edition, (Oxford University Press, 2013) Graham Moffat, à ¢Ã¢â€š ¬Ã‹Å"Trusts Law: Texts and Materialsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 4th Edition, (Cambridge University Press, 2005) John Mowbury, à ¢Ã¢â€š ¬Ã‹Å"Lewin on Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 17th Edition (Sweet Maxwell, 2000) Michael Gau, à ¢Ã¢â€š ¬Ã‹Å"Estate Planning and Administration, (Thompson and Delmar Learning, 2005) Mohamed Ramjohn, à ¢Ã¢â€š ¬Ã‹Å"Text, Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 4th Edition, (Routledge Publishing, 2008) Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11th Edition (Pearson Publishing, 2013) Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 8th edition, (Pearson Longman, 2007) Sarah Wilson, à ¢Ã¢â€š ¬Ã‹Å"Todd Wilsons Textbook On Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11 Edition, (Oxford University Publishing, 2013) Case Law Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372 Carl Zeiss Stiftung v Herbert Smith (no.2) [1969] 2 Ch 276 Gillingham Bus Disaster Trust [1958] Ch 300 Gissing v Gissing [1970] UKHL 3 Hunter v Moss [1994] 1 WLR 452 IRC v Vandervell [1967] 2 AC 291 Jones v Lock (1865) CA Knight v Knight (1840) 49 ER 58 Lloyds Bank v Rossett (1991). McPhail v Doulton [1970] UKHL 1 Morice v Bishop of Durham (1805) 10 Ves 522 Pallant v Morgan [1953] Ch 43 Palmer v Simmonds [1854] 2 DREW 221 Paragon Finance v DB Therakar [1999] 1 All ER 300 Paul v Constance (1977) UKCA Re Vandervellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trusts (no 2) [1974] Ch 239 Re: Adams Kensington v Vestry (1883) HL Re: Astor [1952] 1 All ER 1067 Re: Badens Trust Deed (1973) Re: Golay (1965) Re: Goldcorp (1995) Re: Gulbenkians Settlement Trust [1970] Re: Kayford [1975] 1 WLR 279 Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972] 2 All ER 439 Re: Vandervells Trusts (no.2) [1974] Ch 269 Westdeutsche v Islington [1996] UKHL 12 Journals Adrian Shipwright, à ¢Ã¢â€š ¬Ã‹Å"Back To Basics à ¢Ã¢â€š ¬Ã¢â‚¬Å" Trusts and Settlementsà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2003, Tax Journal, Issue 681 Volume 13 Oliver Arter, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Banking Relationships à ¢Ã¢â€š ¬Ã¢â‚¬Å" Who is a Beneficial Owner?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2012), 1 TL 3-31 Roderick Ramge, à ¢Ã¢â€š ¬Ã‹Å"The Law in 101 Wordsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010), 160 NLJ 1268 Yvonne Simmons, à ¢Ã¢â€š ¬Ã‹Å"Breaking Up Is Hard To Doà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2001, CCN 3 (26) [1] John Mowbury, à ¢Ã¢â€š ¬Ã‹Å"Lewin on Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 17th Edition (Sweet Maxwell, 2000) Page.3. Taken from: Graham Moffat, à ¢Ã¢â€š ¬Ã‹Å"Trusts Law: Texts and Materialsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 4th Edition, (Cambridge University Press, 2005) Page 3. [2] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 8th edition, (2007, Pearson Longman) Page 90 [3] Mental Capacity Act 2005 [4] Knight v Knight (1840) 49 ER 58 [5] [6] Jones v Lock (1865) CA [7] Administration of Estates Act (Northern Ireland) 1955 S.2(3) [8] Re: Kayford [1975] 1 WLR 279 [9] Gary Watt, à ¢Ã¢â€š ¬Ã‹Å"Todd Watts Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 9th Edition, (2013, Oxford University Press) Page 38 [10] Ibid [11] Re: Adams Kensington v Vestry (1883) HL [12] Paul v Constance (1977) UKCA [13] Palmer v Simmonds [1854] 2 DREW 221 [14] Re: Golay (1965) [15] Re: Goldcorp (1995) [16] Hunter v Moss [1994] 1 WLR 452 [17] Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th edition, (Routledge Publishing, 2009) Page 105-106 [18] Lord Denning in Re Vandervells Trusts (No 2)[1974] Ch 239 at 319 [19] Re: Gulbenkians Settlement Trust [1970] [20] Hudson Supra at 15, Page 123-124 [21] McPhail v Doulton [1970] UKHL 1 [22] Ibid at 454 [23] Re: Badens Trust Deed (1973) [24] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11th Edition (Pearson Publishing, 2013), Page 15. [25] Roderick Ramge, à ¢Ã¢â€š ¬Ã‹Å"The Law in 101 Wordsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010), 160 NLJ 1268 [26] Op. Cit. at 3. [27] D Hayton, à ¢Ã¢â€š ¬Ã‹Å"Law Relating to Trusts and Trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2010, (London, Sweet Maxwell), Page 84. [28] Oliver Arter, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Banking Relationships à ¢Ã¢â€š ¬Ã¢â‚¬Å" Who is a Beneficial Owner?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2012), 1 TL 3-31 [29] Mohamed Ramjohn, à ¢Ã¢â€š ¬Ã‹Å"Text, Cases and Materials on Equity and Tr ustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 4th Edition, (Routledge Publishing, 2008) Page 92. [30] Michael Gau, à ¢Ã¢â€š ¬Ã‹Å"Estate Planning and Administration, (Thompson and Delmar Learning, 2005) Page 50. [31] Re: Astor [1952] 1 All ER 1067 [32] Morice v Bishop of Durham (1805) 10 Ves 522 [33] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢8th Edition, (2007, Pearson Longman Publishing) Page 188. [34] Section 1(1) Perpetuities and Accumulations Act 1964 [35] Ibid à ¢Ã¢â€š ¬Ã…“Subject to section 9(2) of this Act and subsection (2) below, where the instrument by which any disposition is made so provides, the perpetuity period applicable to the disposition under the rule against perpetuities, instead of being of any other duration, shall be of a duration equal to such number of years not exceeding eighty as is specified in that behalf in the instrument.à ¢Ã¢â€š ¬Ã‚  [36] Sarah Wilson, à ¢Ã¢â€š ¬Ã‹Å"Todd Wilsons Textbook On Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11 Edition, (Oxford University Publishing, 2013), Page 146 [37] Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th Edition, (Routledge Cavendish Publishing, 2013), Page [38] Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972] 2 All ER 439 [39] Richard Edwards Supra at 11, Page 247 [40] IRC v Vandervell [1967] 2 AC 291 [41] Richard Edwards Supra at 11, Page 247 [42] Ibid [43] Hudson Supra at 35, Page 51. [44] Re: Vandervells Trusts (no.2) [1974] Ch 269 [45] Westdeutsche v Islington [1996] UKHL 12 [46] Ibid Lord Browne-Wilkinson at Para 385-389 [47] Supra at 43 [48] Gillingham Bus Disaster Trust [1958] Ch 300 [49] Yvonne Simmons, à ¢Ã¢â€š ¬Ã‹Å"Breaking Up Is Hard To Doà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2001, CCN 3 (26) [50] Paragon Finance v DB Therakar [1999] 1 All ER 300 [51] Ibid Millet J at Para 408 [52] S.53(2) LPA 1925 [53] Carl Zeiss Stiftung v Herbert Smith (no.2) [1969] 2 Ch 276 [54] Ibid LJ Edmund-Davies at Para 300 [55] Lloyds Bank v Rossett (1991) [56] Hudson, Supra at 17, Page 508. [57] Gissing v Gissing [1970] UKHL 3 [58] Ibid Lord Browne-Wilkinson [59] Pallant v Morgan [1953] Ch 43 [60] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372 [61] Adrian Shipwright, à ¢Ã¢â€š ¬Ã‹Å"Back To Basics à ¢Ã¢â€š ¬Ã¢â‚¬Å" Trusts and Settlementsà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2003, Tax Journal, Issue 681 Volume 13 [62] Frank Maitland, à ¢Ã¢â€š ¬Ã‹Å"Equity: A Course of Lecturesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2nd Edition, (1936, Cambridge University Press) Page 44

Analysis Of The Handmaid s Tale - 1031 Words

Alan Taylor Kenworthy Professor Yannakakis ENGL:1200:0066 10/03/2017 The Art of Storytelling Stories. The beauty of storytelling, what is it? What is its purpose? As Joan Didion once stated, â€Å"We tell ourselves stories in order to live† (Greenhouse 2014). And in the case of The Handmaid’s Tale, that this quote is relatable would be an understatement. The Handmaid’s Tale portrays a society that is colonized by a Republic that ironically coalesces two extremist ideologies: the Puritanical right that denotes women proper place in the culture – parallel to a horde of extremist countries – as the property of men, and the feminist groups that challenge against the objectification of women and their bodies under the grasp of patriarchy. The†¦show more content†¦In parallel, her creation of a narrative silences Gilead, as her narrative allows her to feel that she has control in a sense. Furthermore, Offred uses her narrative as a pastime. Because she has no access to the outside world and exposure to any â€Å" real† events, she creates events from other people’s points of view, making up very involved fictions about what others might be saying or thinking. An example of this would be at the beginning of Chapter 22, where Offred is creating an imaginary, fictional conversation between Janine and Aunt Lydia: â€Å"I feel like I can rely on you, Janine, Aunt Lydia would have said†¦Ã¢â‚¬  (Atwood 129). With this false, fiction-making narrative, it further gives Offred the ability to feel she has some sort of agency, while simultaneously serving as entertainment in such a torpid, suppressing culture. Consequently, as readers, we typically are not aware of what is always true about her story, and what is false fiction. For example, we don’t know what any character’s real names are, and this is part of Atwood’s design that reminds us that this is a story and the narrator is adjusting part of the details. Offred wishes she could change the horrific events that have happened to her through retelling them, or as she calls it: â€Å"reconstruction.† Additionally, even the epilogue, through its â€Å"Historical Notes,† further reiterates the notion that this is a tale, andShow MoreRelatedAnalysis : The Handmaid s Tale 1853 Words   |  8 PagesHandmaid’s Tale, is highly considered as a stimulating work of feminist dystopian fiction that examines the themes of fertility, rebellion, manipulation of power and love. All of these themes play an essential role in displaying the dehumanizing impacts of patriarchy on women and address the way in which society may be in the future. 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Knowledge Management Not Forgetting the Techniques -Free Samples

Question: Discuss About Knowledge Management Not Forgetting the Techniques? Answer: Introducation: The usage of Knowledge management dates to the 1980's like a confluence of a myriad of factors, some with pure intellectual basing, while others were born of pragmatism and the need for innovation as a way to secure innovative performances. According to Ghani (2009), knowledge management is not a single discipline, but a conglomeration of various disciplines and fields of study among them KM tools and Techniques. Ghani pools the definition of knowledge management from a couple of other scholars such as Dancesport and Prusak outlining that KM: "takes an interest in the exploitation and development of knowledge assets of an establishment with the thought of expanding the objectives of knowledge." As such, it involves discoveries, retentions, and exchange of expertise so as to take to the next level the pre-existing efficiency levels. The other disciplines and fields of Knowledge management include KM models and KM processes, organizational learning and learning organization, knowledge sharing and trust, communities of practice, applying knowledge and innovation, new knowledge creation, KM and organizational culture, KM governance and organizational memory. Literature Review There exists a large pool of literature on the theme of Knowledge management techniques and tools. One of the key assets in the maintenance of a competitive advantage in businesses is efficiency in knowledge management, Obancea, (2009) explains. He adds, there exists a wide range of techniques in Knowledge management that are being applied more and more in the representation and management of codified knowledge. In addition, Knowledge management tools are on the offering taking up various functions. There are various advantages to knowledge management tools (Ghani, 2009). Firstly, it allows organizations to handle problems about knowledge management with increased effectiveness and at relatively reduced costs. Secondly, the tools go a long way in leveraging knowledge and experience amassed by different employees in an organization. This allows for the acceleration of innovation initiatives and sharpening of the competitive advantage of the organization (Ghani, 2009). Studies have been conducted in a bid to attain a broader understanding of the tools on knowledge management not forgetting the techniques. This has led to a development of what are understood as the featured tools of an ideal Knowledge management platform. To begin with is the creation of knowledge bases that takes the form of frequently asked questions in the establishment, descriptions of technical procedures, among other things. Moreover, communities of practice where the employees in the organization are brought together by a common set of activity. Different technical means are used to achieve this in an attempt to enable the personnel to share their expertise. Furthermore, the knowledge management platform constitutes a bank of ideas that entails collection and storage of ideas and the best of practices nurtured within the confines of the organization. The ideas are solicited from all the employees top down and considering that not each idea is right up for implementation at it s inception; continuous storage is what constitutes the bank of ideas. A review of the KMS Knowledge management is defined simply as: "the art of creating value from an organization's tangible assets(Ransbotham, 2016). Knowledge management systems refer to an application designed to collect most if not all of the information within an organization with the aim of making it readily available to employees. A majority of these systems, as is the case with Wiki at Peacock, provides a central point for creation, organization, and redistribution of knowledge(Ransbotham, 2016). Over time, certain tangible benefits have been attributed to the use of KMS. First, with KMS the distribution of knowledge is highly improved, i.e., the knowledge that was initially at the hands of certain individuals is made available to all. Second, the accuracy and consistency of information is hugely improved due to contribution of knowledge by different individuals in the organization(Karlinsky-ShichorZviran, 2016) Third, KMS increases employee satisfaction as it provides a platform for employees to give out their knowledge and earning due recognition for it. Fourth, much time is saved through the comprehensive internal knowledge base brought about by the KMS. In its absence time is usually lost through a search for answers and interruption of the older employees by the new recruits(Karlinsky-ShichorZviran, 2016). Fourth, a factor related to the time-saving aspect of the KMS is the fact that it allows for the faster integration of new personnel acquisitions as the amount information at their disposal is insurmountable. Lastly, and importantly, the KMS allows for knowledge retention within an entity, therefore, ensuring that the poll of information dos does not flow away in the event certain employees move on to different roles or positions. A critical discussion There are aspects of KM tools and Techniques evident in the provided case study of Peacock. Just like any other organization inexistent without application of Knowledge Management systems, a large amount of the business content at peacock productions was initially unstructured. A specific factor with regard to the above mentioned they recognized that with the help of knowledge management tools such information, could be available and in a favorable format to other personnel within the organization. From the provided case study, the use of the social media as a mitigation towards knowledge management is apparent. The case of peacock depicts two sides of the whole idea surrounding the relevance of KM tools and Techniques in an organizational setup in relation to knowledge management. Peacock lacked a primary channel of communication that capitalized into the challenges of knowledge management at the peacock. These include organizational conflicts, a lack of appropriate systems and a la ck of sufficient time to educate new hires by the core employees. The challenge, or rather the need for a Knowledge management system emanates from the fact that Peacock is not only a huge entity but also has had considerable growth. For instance, the media house has put in efforts to restructure itself into an agile organization. It has added short-term contractors and freelancers to its full-time staff. It has three internal divisions- Editorial, Operations and Development and two support divisions- software development and legal all under the stewardship of NBC universal. It is important to note that the rate at which employees leave and join peacock is an indication of the need for quick information sharing methodology and prevention of knowledge loss due to attrition. The inclusion of Wiki as a knowledge management tool has allowed for knowledge retention within the establishment, therefore, ensuring that the pool of information does not flow away in the event certain employees move on to different roles or positions. Even more, Peacock lacked a full integration of information. Integrating information encompasses a bank of ideas that entails collection and storage of ideas and the best of practices nurtured within the confines of the organization. The techniques used for knowledge creation at Peacock 7 are as follows: data mining where seemingly raw data is turned into useful information using a Knowledge management tool to find patterns in certain pieces of information; business simulation, content analysis, environmental scanning. The commonly used techniques for knowledge sharing are communities of practices, sharing the best practices, after action review, cross-functional teams, storytelling, white pages. The techniques being used for organizing and managing knowledge are; knowledge harvesting, knowledge mapping, and knowledge audit. Tools and techniques used for knowledge management have brought sanity at Peacock and Victoria expresses that, "At this point, it makes sense to go through it and make sure everything looks good." The Application of these tools and techniques comes with ease of usage, cheaper in management, readily available and the platform requires little effort in installation. The social media has been im pactful in knowledge management at Peacock, a fact that Victoria was very much aware of. Some of these benefits that are in line with the benefits brought about by knowledge management systems include channel specific presentation of content unlike earlier on when certain pieces of information were carried only by the core staff. It allowed sharing of knowledge across online channels and lastly, it facilitated access and sharing of content sourced from crowds. Manifestations of KM tools and techniques in an organization Before the Wiki, the situation at Peacock was dire and was a demonstration of the need for a Knowledge Management System. It Significantly wasted productivity for new freelancer contractors and for the core staff. The time that the core staff members were supposed to invest in developing and producing programs was instead devoted to answering repeated mundane questions. The director of operations, Victoria notices the chaos in knowledge management at Peacock and the need for KSM brings about Wiki. After the Wiki Victoria realized that proper way to drive KM is by managing knowledge like an asset which principally entails incorporation of KM tools and techniques. Knowledge is created, codified and shared throughout the whole organization. There are a regular maintenance and update of the knowledge base. The option used in the case of Peacock to build a knowledge base is the Wiki software Wiki is ideally a collection of interlinked web pages in which each pages' contents is a reflection of a specific idea. The operations director recognizes the capabilities of social media and the part it could play in search of a relevant KSM. Peacock utilizes Wiki as a knowledge management tool while there are other measures put in place to be used as a knowledge management technique. These are in the following ways: wiki provides multiple channels through which knowledge is defined in line with the needs. As a result, the core knowledge base is used adequately by the wide range of employees- some long term staff and others contractors and freelancers. The knowledge management tools through Wiki allow for indexing and filtering of content thereby having considerable control with regard to the content accessible to all personnel. There are continuous integration and organization of content into the existing bank of knowledge that is frequently done by Victoria with the assistance of the task force in charge of the implementation. Through Wiki, the operations manager has ensured that the users have access to knowledge about their line of work at Peacock. Knowledge management tools include data mining, content management tools, groupware, wiki The outcome of the of the implementation of a knowledge management system with a social media foundation at Peacock has been superb in comparison to other KM aspects. Despite the notion that the application of Knowledge management tools and techniques equates to surrendering one's own wisdom and that there are difficulties in codifying tacit knowledge, the success of Wiki at Peacock tells a whole lot different narrative. Conclusion Judging by the above critical look into the application of KM tools and techniques at Peacock the following conclusions are conceivable: the use of Wiki at Peacock has been a success particularly in knowledge management. In as much as Wiki was present but uncommonly used at Peacock is an indication of the effort that was needed at the institution to ensure that other stakeholders came on board. As a result, a huge amount of the information of the company is integrated thus available to the personnel hence portraying a high knowledge penetration. The most commonly used method of knowledge creation is data mining. Others include data mining the most commonly used method of technique for knowledge sharing is followed by References Obancea, G. (2009). Knowledge management tools and techniques.Annals of DAAAM Proceedings, 35-37. Treser, M. (2016).Knowledge Management: Processes, Techniques, And Tools - eLearning Industry. [online] eLearning Industry. Available at: https://elearningindustry.com/knowledge-management-processes-techniques-tools [Accessed 21 May 2017]. Ghani, S. R. (2009). Knowledge management: tools and techniques.DESIDOC Journal of Library Information Technology,29(6), 33. AisenbergFerenhof, H., Durst, S., Hesamamiri, R. (2016). The impact of social media on knowledge management. 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