Nature conservation: Management plan for Padworth Common

Nature conservation: Management plan for Padworth Common Nature conservation: Management plan for Padworth Common (Dartford Warbler). Overall Summary of management plan: Policy statement and Background Preamble: Padworth common nature reserve was previously owned by the west Berkshire county council. But in 2005 the land manamgement was acquired by the Buckinghamshire, and Oxford Wildlife Trust (BBOWT) in 2005 (Fort, 2013). The Main overall policy for this land is â€Å"to Ensure these sites continue to thrive both in terms of their significant wildlife interest and for the many local people who regularly use and enjoy them†. This was a statement given by the west Berkshire executive member for the environment Councillor Hilary Cole (Fort, 2013). Description Pathworth common is located between Aldermaston and Burghfield Common about 9 miles outside the city of reading (Jeffery, 2004). The land is currently owned by The West Berkshire County Council, as said before it is now managed but BBOWT since 2005 (Jeffery, 2004). The land is 30ha of open wet, dry and humid lowland heath with small sections of oak woodland, there is also a few large seasonal ponds and one that is permanently filled (Wallington, 2013). The Boundaries of Padworth common are to the south a privately owned field that and a sand and gravel quarry. And to the north east and the boundaries are defined by Old warren and Hatch farm. The western boundry is defined the small hamlet of Padworth Common. Management and infrastructure For the management for a lowland heath area like padworth common, there needs to be a set of objectives crucial to the infrastructure of the scheme to manage the whole area and the all the individual features in it. The first is a very generalised objective and covers as many of the features benefits in one goal this is to encourage the restoration and health of lowland heathland to retain the ecological value of Padworth heath (Westcombe, n.d.). The other three objectives are more constrained in the features that they benefit. The first is the have grazing at the site to monitor and manage the growth of the heath, This will majorly benefit the ground nesting birds like the nightjar. The second plan is to have regulations and management for the public and the nightjar population to reduce disturbance, this is primarily aimed and nightjars and nesting birds to minimise disturbance and help promote nest production (Westcombe, n.d.). Finally the 3rd management project is the control the spread and removing strands of bracken, this is to reduce competition with the local heathland plants and improve the biodiversity of the plant life in the area. The legal constraints for this area is that Lowland heathland areas all over Britain are under the protection of the wildlife and countryside act of 1981 and is notified as SSSI (Westcombe, n.d.). Compartments or zones The area of Padworth common is divided into 3 different zones; Open heathland, oak forest and seasonal/permanent ponds; Open heathland are open landscapes commonly dominated by heathers, gorse and has a few sliver birch tress spaced in the area. There are 3 different types of heath dependent on their soil moisture content wet heath occur on high water tables, dry heath is abundant in free draining soils. Heath is important for over 5000 invertebrates that are crucial to the food chain of this ecosystem (Countryside Info, n.d.). Oak woodland is a broad leaf woodland highly occupied by English oak, sessile oak or hybrids between the two. The oak woodland is highly established woodland as a resource basis for building and fuel. The oak woodland is also a representation of the climax vegetation in the southwest of Britain where Padworth common is located (North Dervon Government, n.d.). The seasonal pounds can support a vital ecosystem for many specialised pond species. This coupled with that a large number of rare species has been linked with the seasonal pond which makes these one of the highest management aims of Padworth common (The Ponds Conservation Trust, n.d.). Enviromental information The physical aspects of the heath are that it is a mosaic of wet damp and dry habitats. The type of habitat is found on poor acidic soils in wet mild climates below 300m of altitude. Th biological features of this site are the many species that the heathland can accomidate from the greyling butterfly to the rare great crested newt (English Nature, 2002). This is due to the many niches available for the animals to occupy; the seasonal pounds are a rich source of nuitrients and support many rare species. The open heath which is occupied by many ground nesting birds such as the nightjar. The gorse bushes are used by the Dartford warbler to build nest and protect themselves from predation (English Nature, 2002). Culturally lowland heath has been an important part to human agriculture for thousands of years. The Mesolithic played a great part in the expansion of the lowland heath habitat by cutting down great swathes of the woodland landscape for building material and fuels. This mass cut ting of woodland had impoverished the soil but this has and a positive effect on heather ground and promotes the growth of lowland heathland (English Nature, 2002). Up until the 20th century heathland has been used in a wide range of agricultural processes such as fodder and fuel (English Nature, 2002). Vision Description of site The Padworth common nature reserve is split into two half’s divied by Bowughugrst Road. The heathland is located in the centre of each area while the Oakland is defines the boundaries of the nature reserve. The pounds are locates towards the south west corner of the southern half of the reserve. Conformation and evaluation of features Pathworth has many features and species that make this a site of National importance. Species such as the nightjar, the Dartford warbler and the Grayling butterflies (Wallington, 2013). Each of these will have a certain factors that can affect the species success and survival such as; the road that passes through the reserve, the seasonal ponds, and the growth of bracken. This plan focuses on the Dartford warbler and the key features that effect these are gorse coverage and heathland health (RSPB, 2014). The management of this species is desperately needed due to the harsh winters that have been occurring recently and that there are only1-2 breeding pairs in pad worth (Defra, n.d.). for this species to thrive and stabilise and even increase in population size drastic action is needed to preserve this native bird species. The Dartford warbler (Sylvia undata) Factors Effecting the Dartford warbler There at many factors that affects the breeding success and survival rates of the Dartford warbler. The main 2 factors are the amount of gorse in an area, disturbance and Availability of food. Gorse has a huge effect on the Dartford warbler; this is due to the warbler uses the gorse as nesting material. This is because the benefits it has as protection from predators by being a heavy dense shrub and makes its hard from predators to access (RSPB, 2012). Disturbance has been shown in recent study to majorly effect warbler fecundity. A study has shown that if 13-16 people walk through a heathland area within an hour this can seriously disrupt the breeding patterns of birds and will prevent multiple broods of warblers (Murison, et al., 2007). Objectives for the feature: The objectives laid out for this management plan are in priority order; The main objective for this animal is to maintain the already stable population in the management site of Padworth common. If at all possible our secondary objective is to even increase the number of breeding pairs in Padworth common from 2 breeding pairs to 4. The thirds and least priority objective is that if we can get successful breeding pairs to Padworth we could then export the juveniles into other areas to increase the number of breeding pairs in other heathland habitats. Current condition of feature: The current condition of the Dartford warbler in Europe is that there are 2,025,546-3,635,791 breeding pairs. 75% of the breeding pairs are thought to be breeding in spain. The population is general stable in Europe (Defra, n.d.). There are certain areas of Spain where the Dartford warbler has been seen in a sustained decline since the 1970’s. Fluctuations are not uncommon in this bird (Defra, n.d.). The current condition of the bird internationally is near threatened according to the IUCN red list. (IUCN, 2012) Nationally this bird has been awarded an amber status under the RSPB classification system (RSPB, 2014). The main population of the warbler are in the south and south west of Britain, with a small population in the south east of Britain (RSPB, 2014). The last estimated minimum of breeding pairs in the UK is 1,600-1,890 (Defra, n.d.). Monitoring projects: To monitor the bird populations there are two ways in which this can be done; The first is to let the public and volunteers are able to monitor the birds this can be accomplished through education and a growing interest in the local bird populations. The main disadvantage to this method is that this may increase disturbance of the birds. Key sites can be pinpointed which can be monitored by the park wardens and wildlife trust employee’s this will reduce the amount of disturbance to the breeding birds and still achieve rewarding results. The only flaw with this method is if the bird numbers become higher it may be hard to identify all the birds. Management projects: These are the four management project that will be used to help increase and stabilise the population of the Dartford warbler. Introducing grazing, this is active grazing of livestock on the heathland areas to stop the overgrowth of a particular plant species. Coppicing, this is the cutting of the old parts of gorse to promote new regrowth promoting healthier and denser shrubs. Tree felling, this is done by hand (chainsaw) and the roots dug up to stop the regrowth of the trees. The logs will then be burnt or sold to companies. Bracken removal, this can be done by spraying herbicide on the infected areas thus eradicating of the plant. This is typically done in the summer months due to the plant being at maximum growth. A timetable showing the priority and timescale of projects; Justification of project: The Justification of these methods is as follows; Introduced grazing, this helps promote and uneven ages (mosaic) of the heathland. This maximises the biodiversity of the area due to many species requiring different ages of bracken to survive. This is ideal for the Dartford warbler for its food supply of invertebrates which need the heather for their survival (Hampshire County Council, 2011). Coppicing, this promoted regrowth of the older gorse. Typically the Dartford warbler prefers younger gorse, this is because it is much denser and provide more camouflage and protection of the nest site from predators. Therefore the coppicing of older dead parts of the plant promotes these parts to grow back into thick Bracken which the Dartford warbler needs for nesting (Hampshire County Council, 2011). Tree felling, the felling of trees such as birch helps the regrowth of the open heathland which is advantageous to many species such as the Dartford warbler. The warbler needs these open spaces of heath to be able to catch the invertebrates and feed (Hampshire County Council, 2011). Bracken removal, this is crucial in the survival of any woodland. The dense mate cause by this plant will shade out any other plants. So in vast numbers this is very detrimental to the whole heathland ecosystem. With control and management this increases the biodiversity of the area allowing other plant life to thrive (Hampshire County Council, 2011). Works Cited Berkshire Heathland, 1998. Berkshire Heathland Biodiversity Action Plan, s.l.: s.n. Countryside Info, n.d. What Is Heathland?. [Online] Available at: http://www.countrysideinfo.co.uk/whatis.htm [Accessed 10 3 2014]. English Nature, 2002. Lowland Heathland A Cultural And Endangerd Landscape, Peterborough: English Nature. Fort, L., 2013. Get Reading. [Online] Available at: http://www.getreading.co.uk/news/local-news/wildlife-trust-set-run-west-4189279 [Accessed 10 3 2014]. IUCN, 2012. IUCN redlist (Dartford Warbler). [Online] Available at: http://www.iucnredlist.org/details/22716984/0 [Accessed 10 3 2014]. Jeffery, O., 2004. Padworth Common Proposed Local Nature Reserve. s.l., s.n. Murison, G. et al., 2007. Habitat type determines the effects of disturbance on the breeding productivity of the dartford warbler Sylvia undata. Ibis, Volume 149, pp. 16-26. North Dervon Government, n.d. Oak Woodland. [Online] Available at: http://www.northdevon.gov.uk/oak_woodland.pdf [Accessed 10 3 2014]. RSPB, 2012. RSPB (Gorse). [Online] Available at: http://www.rspb.org.uk/ourwork/conservation/advice/gorse/index.aspx [Accessed 10 3 2014]. RSPB, 2014. RSPB (Dartford Warbler). [Online] Available at: http://www.rspb.org.uk/wildlife/birdguide/name/d/dartfordwarbler/ [Accessed 10 3 2014]. The Ponds Conservation Trust, n.d. Good Wilflife Ponds. [Online] Available at: http://www.sussexotters.org/pdf/Good wildlife ponds.pdf [Accessed 10 3 2014]. Wallington, A., 2013. Natural England. [Online] [Accessed 10 3 2014]. Westcombe, n.d. Management Of Environmental Features Specific Options, Prescriptions And Indicators Of Success, s.l.: s.n. Millennium Development Goals and Poverty Reduction: Nigeria Millennium Development Goals and Poverty Reduction: Nigeria Introduction Background to the Study This study attempt to examine the impact of the Millennium Development Goals and Poverty Reduction in Nigeria using with a case study of Ado-Odo Ota, local government area, Ogun state, Nigeria. The issue of poverty in Nigeria has remained a major threat to the nation’s social, political and economic development. Every nation whether it is developed or less developed country contains elements that are poor. Nigeria has a population of more than 160 million – the largest in Africa – and a fast-growing economy. Despite Nigeria’s plentiful agricultural resources and oil wealth, poverty is widespread in the country and has increased since the late 1990s. Some 70 per cent of Nigerians live on less than US$1.25 a day. Poverty has become a feature of the living conditions and life situation of the vast majority of Nigerians. According to Babatunde et al (2008), Poverty has been viewed to be a global phenomenon but the level of this dilemma in developing countries has gotten to an alarming proportion. Internationally, about 1.2 billion people are living in extreme poverty less than one dollar per day and therefore due to the high predominance of poverty, reducing it has been of grave concern to many countries in the past few decades. Though, there have been a lot of improvements in the developed world, such cannot be said of developing ones especially in the Sub-Sahara Africa where poverty is prevalent due to many factors such as corruption, mismanagement of resources, poor programme implementation, poor governance and political instability, poor economic management and lack of purposive leadership. According to Ukpong (1996), (cited in Obadan, 1996) explained that poverty has earned identification in the extent of its ravaging society and the affairs of humanity at the international, national and local levels. The need exists now for urgent actions towards its reduction and control. Therefore, poverty is a snare and it is dehumanizing. In other words, judging from what Ukpong explained poverty to be, it will be ideal if poverty can be eradicated. According to Anyanwu (1997), Poverty has become a major cause of concern to academic, analysts, governmental, non-governmental organizations and international agencies. Poverty is multidimensional; it includes various alienations and deprivations such as: lack of human capabilities, poor life expectancy, poor maternal health, illiteracy, poor nutritional levels, poor access to safe drinking water and perceptions of well-being However, the (World Bank Report, 1999), has described that issues in Poverty now include: physiological and social deprivations, vulnerability, inequality, violation of basic human rights. (Zupi, 2007), also added that the observable disadvantage in relation to the local community or the wider society or nation to which a deprived individual, family, household or group belongs is an issue in poverty. In an attempt to salvage the situation, in September 2000, 189 World leaders millennium summit and committed themselves and their countries to 8 goals known as The Millennium Development goals (MDG’s) aimed at meeting the needs of the World’s poorest people. The Millennium Development goals have been regarded as the universal remedy of issues of underdevelopment. These goals were created under the leadership of Ban Ki-Moon (the Secretary General of the United Nations) through the UN to tackle issues seen to be holding back developing nations. It was adopted by 189 countries and signed by 174 heads of state and government. (UNDP, 2005) Ban Ki-Moon (2009), laid more emphasis on this in his report entitled, â€Å"A road map towards the implementation of the United Nations Millennium Declaration†. In the words of Ban Ki-Moon, The world leaders set far sighted goals to free a major portion of humanity from the shackles of extreme poverty, hunger, illiteracy and disease. They established targets for achieving gender equality and the empowerment of women, environmental stability and a global partnership for development. In short, they adopted a blue print for a better world and pledged to spare no effort in fulfilling that vision (Ki-Moon, 2009). The MDG’s are listed plans by the United Nations Development Programme (UNDP) committee on how the underdeveloped or developing countries can enhance their level of development in different socio-economic areas. The MDG’s are: Goal 1- Eradicate extreme poverty and hunger Goal 2- Promote gender equality and empower women Goal 3- Achieve a Universal primary education Goal 4- Reduce child mortality Goal 5-Improve Maternal Health Goal 6-Combat HIV/AIDS, malaria and other diseases Goal 7-Ensure environmental stability Goal 8- Develop a global partnership The first goal of the United Nations Millennium development Goals is to eradicate extreme poverty and hunger with Target 1 being to halve, between 1990 and 2015 the proportion of people whose income is less than $1 per day: and Target 2 being to halve, between 1990 and 2015, the proportion of people who suffer from hunger (Sachs, 2005:72) Since, poverty as the number 1 goal of the MDG’s shows an alarm in both national and the global world. According to Yinka (2003), the UN Development Programme Human development report scored the Nigerian government low on its efforts to combat poverty and pursue meaningful growth in the human development index. The report states Nigeria is among fifty countries with the lowest human development index and the 54th among 94 other developing countries where human income poverty level remains the highest. Odeyale (2005) explained that in Nigeria, about 36% or 44.3 million of the total 160 million populations are found in the major cities. The rapid growth of the Nigerians cities is characterized by ever increasing population (due to rural urban migration) over stressed infrastructure (such as dilapidated roads, frequent power outage, poor water supply), sub-standard living condition (in ghettos, slum and over-crowded houses), high crime rate. Put differently, it can be described that the growth of population in Nigeria is always on the increase and the availability of defaulted infrastructures and low standard of living which in turn lead to low crime rate. To this end, this study becomes inevitable so as to access the impact of millennium development goals to poverty reduction in Nigeria. Statement of the Problem Different scholars have argued about the achievement of the Millennium Development Goals by 2015 particularly in Nigeria. While some scholars have argued that it can be achieved before the set target date of 2015, some have argued against the possibility of its achievement. The Millennium Development Goals were goals structured and formulated by the United Nations in the year 2000 to help bridge the gap between the Global North and the Global South. These goals however, were supposed to be of a positive influence to the less developed countries especially in the area of eradicating poverty. However, it has been observed that some of the developing countries are still lagging behind especially in the area of poverty reduction; Nigeria has been observed to be a country of plenty yet is still beset with the problem of poverty. What therefore can be said of other underdeveloped countries in Africa? The United Nations Secretary General Ban Ki-Moon is of the view that the Millennium Development Goals embody basic human rights such as the right of each person to health, education, shelter and security. The Goals are ambitious but feasible and jointly with the comprehensive United Nation development agenda set the course for the world’s effort to alleviate poverty by 2015. According to Ban Ki-Moon (2009), the Millennium Development Goals would bring about a change and to a large extent, a real difference in the lives of people. With strong Leadership and accountability; this progress can be expanded in most of the world’s countries by the target date of 2015. However, some scholars are not in agreement to the view of Ki-Moon that the MDG’s would bring about a change in the lives of people. According to Deneulin and Shahani (2009) argued that the Millennium Development Goals lack a focus on local participation and empowerment (Excluding women empowerment). The Millennium Development Goals also lack an emphasis on sustainability, making their future after 2015 questionable. Thus, while the MDGs are a tool for tracking progress toward basic poverty reduction and provide a very basic policy road map to achieving these goals, they however do not capture all the elements needed to achieve the ideals set out in the Millennium Declaration. The inability to reach a valid conclusion as to the actualization of the Millennium goals by 2015 has resulted to the Millennium development Goals remaining a problem. Therefore the essence of the Millennium Development Goals comes into play in the context of Nigeria in the sense over 53.6% million Nigerians which is nearly 45% of the total population go to bed hungry every night, around 70% of the total 160 million citizens live below the globally acceptable survival line of $1 Dollar which is equivalent to 160naira per day. Also, over 5million of our youths are not employed, therefore Nigeria according to the National Poverty Eradication Programme (2003) is quoted to be among the poorest country in the world. Therefore, this study seeks to examine the progress in achieving the Millennium Development Goals in Nigeria, how far the Nigerian government have gone for the realization of these goals, and how the Nigerian Government and the society at large intend on making the achievement of the Millennium Development Goals in Nigeria, a reality by 2015. Research Questions The research seeks to answer the following questions: What is the impact of Millennium Development Goals in poverty reduction in Nigeria? Can it be agreed upon that Extreme Poverty and Hunger in the Nigerian state would minimized by 2015? What can be done for Millennium Development Goals to influence the Poverty reduction in Nigeria? Objectives of the Study To examine the impact of Millennium Development Goals in poverty reduction in Nigeria. To evaluate if the extreme poverty and hunger rate in Nigeria can be minimized by 2015. To examine the role of Millennium Development Goals in poverty reduction in Nigeria. Research Hypotheses The Hypothesis to be used for this study would be drawn from the objective of this study. There are: H0: Millennium Development Goals has not impacted in poverty in Nigeria. H1: Millennium Development Goals has impacted in poverty in Nigeria H0: The extreme hunger and poverty in the Nigerian state cannot be minimized by 2015. H2:. The extreme hunger and poverty in the Nigerian state can be by 2015. H0: Millennium development goals has not influenced Poverty reduction in Nigeria H3: Millennium development goals has influenced Poverty reduction in Nigeria Significance of the Study Over the years, this study has been examined by various scholars. The study of the Millennium Development Goals has remained of great importance as it addresses issues on development which Nigeria needs at this very time. The issues of poverty and the bid to alleviate it has been a key issue which governments have attempted to deal with. This attempt has manifested in the various past poverty reduction programmes carried out by the government all aimed at improving the quality of the lives of the populace. The essence of this study is to expose the rate of poverty reduction since its inception of the Millennium Development Goals in 2000. This study will bring forward the various methods or means that the government has embarked on towards the achievement of Poverty reduction especially in Ado-odo ota local government area, Ogun state, Nigeria as a case study, and the impact of millennium development goals in poverty reduction in Nigeria in particular. The importance of this work is to view how poverty reduction can be achieved alongside United Nations Millennium development Goals in Nigeria and the impact of the government towards poverty reduction. And also study at the possibility of the attainment of this goal by 2015 with the use of relevant structures. This study will form a secondary data to other researchers who will research in this area. 1.7 Scope of the study This study examines Millennium Development Goals and Poverty Reduction with particular reference to Ado-odo local government area in Nigeria will be used as a case study. The period covered for this study will be from 2000-2015. This time duration becomes necessary since Millennium Development Goals was formulated in 2000 and to elapse in 2015. It should be noted that 2015 is just some months away. This study also focuses on the possibility of attaining the Poverty Eradication goal by 2015. Research Methodology This segment would discuss the methods to be used in this study. Research methodology can be described as a path through which the objectives of the study can becomes actualized Source of Data The study would engage both primary and secondary sources of data. By primary data sources, required data and information will be collected directly through interviews with Academicians and Government officials in different fields of study in Ado-Odo, Ota Local Government Area, Ogun state. Questionnaires will also be administered to a wider range for information to be extracted from the general public. Secondary sources of data refers to the information gathered from already published or unpublished materials such as magazines, journal articles, newspapers, internet and online materials, lecture notes, conference materials, relevant books and other materials relevant to the subject matter. Secondary sources of data will be employed in this study. Population of the Study The population to be used for this study would include non-governmental bodies, political actors, academicians, and the society at large. The reason for this population range is not only because of their level of knowledge, but also for their importance as key players in the political system. Sample Size A total of 100 questionnaires would be administered during the course of this research. A sum of 5 persons will also be interviewed for vital information to the study. Instrument of data Collection The conduct of direct interviews and the use of questionnaires will be designed as research instrument to collect data on how the Millennium Development Goals have helped attainment of Poverty Reduction in Nigeria. Both Quantitative and Qualitative research methods would be applied. Data Analysis Technique The analysis technique used in this study would be Correlation/Regression Analysis. This analysis would be engaged to study the relationship between the variables used in this research work. Outline Of The Study Chapter One introduces the topic and the MDG’s itself by providing a background to the study. It clarifies the concept of development and how important it is to the nation. It goes on to the statement of problem, the objectives of the study, questions the research seeks to answer, methodology of the study, research significance and hypotheses, and the scope and limitations of the study. Chapter Two covers the review of literatures relevant to this research and the theoretical framework that best explains the subject matter of this study. This includes the conceptualization of key terms, and the theoretical framework which provides a better grasp of the relationship between the millennium development goals and poverty reduction in Nigeria Chapter Three is an overview and assessment of the millennium development goals and poverty reduction in Nigeria. This chapter also examines the causes of Poverty in Nigeria. It moves on to examining the various poverty reduction programmes and policies, the challenges faced in the achievement of these programmes and the current problems of Poverty and hunger in Nigeria. It also outlined the roles of the Nigerian government and the Ogun state Government in attaining poverty reduction in Nigeria; it also would examine the various poverty reduction programmes carried out by the Ogun state Government from 1999 to 2015. Chapter Four is the presentation of data, analysis and interpretation. Data gotten from the field work through interviews and questionnaires will be analyzed using secondary data to support the data analysis. Chapter five summarizes the work, makes recommendations and concludes the study.

Love’s Bond – Robert Nozick

Love’s Bond – Robert Nozick In this writing assignment I will be giving a detailed interpretation on Robert Nozick’s writing, â€Å"Love’s Bond†. First I will give an explanation on Nozick’s account of the nature of love. Secondly, I will explain why Robert Nozick believes that in love there is no desire to trade up to another partner. Lastly, I will also explain why he says that it is incoherent to ask what the value of love is to an individual person. The nature of love according to Nozick is the desire to form a â€Å"we† with the person you feel romantic love for, the desire to become one with the loved one.When two individuals are mutually in romantic love with one another, they both desire to form a â€Å"we† with each other. Once two romantic partners form a â€Å"we† they subconsciously agree to make life decisions together because now they are one and what affects one affects the other equally. Any type of life e vent good or bad that affects one person affects the other person equally because once they form a â€Å"we† they are like one. Nozick explains that when two individuals form a â€Å"we† they share a new identity.According to Nozick this new formation completely takes over of the individuals and they become something new, something transformed in a way. This desire to form a â€Å"we† with another is something magnificent and great. He explains that, â€Å"the desire to share not only our life but our identity with another marks our fullest openness. To Nozick, forming a â€Å"we† is a really big deal. Forming a â€Å"we† is a complete transformation of what a person used to be when they were and individual. According to Nozick, when a person is in love, they do not have desires to trade up to a different partner.Nozick says, â€Å"In the view of a person who loves someone romantically, there couldn’t be anyone else who was better as a par tner. † This quote gives support to his idea that a person in love would not desire to trade up. The person in love does not believe in their heart that anyone could be better than the person they are in love with. According to Nozick the thought of trading up to a different partner would not even cross the mind of a person who is in love. Nozick goes on to explain that a person in love might sometimes want to make a few changes on their mate; however, this does not imply that the person in love wants a different mate.Nozick believes that a person in love loves very specific qualities in their mate. For this reason, even if a person in love wanted to make their loved one better this would not mean they want a different person. To the person in love â€Å"no other person could have precisely those traits; therefore, any imagined person will be the same mate (perhaps) somewhat changed, not somebody else. † Nozick believes that when a person is in love, they love the very specific ways that their partner radiates a specific traits, not the trait itself.They love the person, â€Å"for his or her own particular and non-duplicable way of embodying such general traits, a person in love could not make any coherent sense of his â€Å"trading up† to another. † According to Nozick a person who is even considering trading up is a person who is no longer in love. He does not feel that the thought of trading up is a thought that an individual in love could even think about. Nozick feels that it is incoherent to ask what the value of love is to an individual person because there is no individual when you form a â€Å"we†; there is this new identity.Like the example that was given in class regarding the sperm and egg, once the sperm and the egg have joint, you do not ask how the sperm is doing because it no longer exist. In the same way it does not make sense to ask the value of love to an individual because the individual no longer exists on ce the â€Å"we† is formed. According to Nozick when two individuals join and form a â€Å"we† this new identity completely takes over and creates a new shared identity. To Nozick, it would be completely irrational to even think of the person of an individual and to ask what the value of love is to them.It is something that is just not possible when a person has formed a â€Å"we† with another. In conclusion, I have given my complete interpretation on Robert Nozick’s writing, â€Å"Love’s Bond†. I have explained to the best of my knowledge the nature of love, the reason why in romantic love there is no desire of trading up, and lastly why it is incoherent to ask what the value of love is to an individual. Works Cited 1. Nozick, Robert. â€Å"Love's Bond. † Philosophical Perspectives on Sex & Love. New York: Oxford UP, 1995. 231-39. Print.

Pagkalulong Sa Bawal Na Gamot

Critical thinking is an important quality to cultivate and for many educators, it is the goal of education. Here are a few examples of critical thinking from my own life. First, one of the things I try to do for work is to make good financial investments. For this to take place, you need to analyze everything or think critically. You need to know what is going on in the world (economically speaking), see what things are going to be in demand in the future, and act before others do.So, I drew up a picture of the world and what I thought would happen and I invested based on my convictions. All of this was borne out of critical thinking. Second, when I think back to my university days, I had to decide on a major. There were so many choices and I decided to go with a major that I not only loved, but also a major that would make me more marketable in the long run. I realized that I could study practically all the things I loved in various departments. Based on this, I chose the department that was most marketable.Critical thinking entails careful analysis of all the variables (or as many as you can cover) in a situation, using data and logic to process the information and shape the decisions. Other factors may also enter into the mix†¦ As I considered the timing of my retirement from classroom teaching, I reviewed the financial considerations regarding investments, pension and Social Security payments, options for other means of obtaining income, and tried to predict anticipated current and future expenses.All of this took time and research, but was â€Å"easy† in terms of recording figures that could be examined objectively. Harder to quantify but still vital to the analysis were my reflections on how I was approaching the challenges inherent in classroom positions. I evaluated my energy level, commitment to spending the time and effort outside of the classroom, and my enthusiasm for continuing my personal education in the field. I also felt that emotio ns did play a role in the process and did allow my feelings about continuing to work with middle schoolers enter the process. Bless them, but they are enough to wear anyone out after so long! ) The final piece in my decision-making process was the awareness that my father's health was declining and that I needed to make myself much more available to assist with transportation, supervision of medical concerns, and general involvement in trying to maintain a quality of life for him that is as good as possible for as long as possible. Is critical thinking fast and easy? NO! Is it important in many real life situations? YES!

The rules of the secret trusts - Free Essay Example

Sample details Pages: 7 Words: 2193 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? 107633 Introduction The secret trusts include fully secret trusts and half secret trusts. They are mechanisms whereby estate can be disposed of without the details of the beneficiary becoming common knowledge. Rules for testamentary dispositions are strict and this is necessarily so since the testator is no longer able to provide evidence of intention. Don’t waste time! Our writers will create an original "The rules of the secret trusts" essay for you Create order Despite arising from a historic need, felt acutely, when expectations of society were such that individuals felt compelled to conform despite having aspects of their lives they wished to conceal and still provide financially for their mistresses and illegitimate children after death. So the secret trusts arose as a means of à ¢Ã¢â€š ¬Ã…“breaking the rulesà ¢Ã¢â€š ¬Ã‚  surrounding the writing of wills but unfortunately they also break the rules for trust law. It is therefore not surprising that their legal justification is so much in doubt. The rules of the secret trusts Inspection of the will reveals nothing about the existence of a secret trust and no details about the beneficiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s identity in the case of a half secret trust. In a secret trust the testator tells the legatee that he is a secret trustee and what he must do with the property; Ottaway v Norman [1971].[1] Alterations to the details of a fully secret trust can be made by the testator right up until the time he dies. Although there are similarities between the two types of secret trust there are also important differences. Communication of a secret trust may be in a sealed envelope; Re Keen [1937].[2] The secret or half secret trustee must accept the trust; this may be express or implied Wallgrave v Tebbs [1972][3] or by silence; Moss v Cooper (1861)[4] or conduct; Ottoway v Norman [1972].[5] An essential element is an obligation which must be legally binding; McCormack v Grogan.[6] There are some important differences between the two types of secret trust as outlined and justified by Wilde, 1995. The testator must have communicated a fully secret trust to the secret trustee before he, the testator, dies; Moss v Cooper (1861)[7] otherwise the trust fails and the secret trustee will hold the property for himself absolutely; Re Gardner [1920].[8] If the secret trustee dies before the testator a fully secret trust will fail; Re Maddock [1902][9] because according to th e will the secret trustee is only a beneficiary and a beneficiary must survive a testator. However if the trustee of a half secret trust dies before the testator à ¢Ã¢â€š ¬Ã…“equity will not allow a trust to fail for want of a trusteeà ¢Ã¢â€š ¬Ã‚  and another trustee will be appointed ; Re Smirthwaite (1861).[10] In the case of a half secret trust the trust must be communicated to the half secret trustee before the will is made; Blackwell v Blackwell [1929][11] Reference to instructions after the will is made invalidates the trust; Re Batemanà ¢Ã¢â€š ¬Ã¢â€ž ¢s Will Trusts [1970].[12] A half secret trustee may witness a will by which he clearly does not benefit therefore s.15 Wills Act 1837 is inapplicable; Creswell v Cresswell (1868).[13] The practical and legal problems The legal requirements in relation to wills confers protection against fraud in the situation where the testator is no longer able to protect his wishes. A will must comply with certain formalities and t his is interpreted strictly. S.9 Wills Act 1837 states that to be valid a will must be in writing and signed by the testator in the presence of two independent witnesses who must also sign the will. Formalities are also required for alterations; Re Edwards [1948].[14] However the secret trusts are having the effect of handing over property after death and failing to comply with these requirements despite the fact of the will the detail required by statute is just not there. S.25 Wills Act 1837 states that a beneficiary must outlive the testator yet the secret trust is created before the testator dies and the beneficiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s estate may benefit; Re Gardner (No 2) [1923][15] but, defying s.25 Wills Act 1837 there is benefit to the estate upon the death of the testator. The anomaly here is that the testator could have changed his will right up until the time of his death. A fully secret trust contravenes s.53(1)(c) of the Law of Property Act 1925 since nothing need be in writing at the time of transfer during the effect of the will since at this point the legal and equitable interests are fused; Gold v Hill [1999].[16] A beneficiary under a will cannot witness that will; s.15 of the Wills Act 1837 yet the fully secret beneficiary (but not the fully secret trustee) can; Re Young [1951].[17] If it were to be accepted that the secret trusts operate outside the will then the law of trusts should apply to them. Yet they disregard trust law in many respects. For instance expectancy cannot usually be the subject matter of a trust yet this happens for the secret trusts; the secret beneficiary not acquiring the property until the death of the testator. The secret trustee commits fraud if he breaks his promise to the testator and instead keeps the property for himself. The fraud would actually be committed against the testator and also against the secret beneficiary. Lord Viscount Sumner stated in Blackwell v Blackwell [1929][18], à ¢Ã¢â€š ¬Ã… “the proposed donee [secret trustee] encourages him to bequeath the money in the faith that his intentions will be carried out.à ¢Ã¢â€š ¬Ã‚  An extension of the fraud is where the secret beneficiary has mischievously encouraged the testator to set up the secret trust in the first place. This fraud either cannot occur or is exceedingly difficult in the case of a half secret trust since the fact of the trust and the identity of the half secret trustee are both readily available from inspection of the will. Whether it is a sufficient justification for the acknowledgment of both fully secret and half secret trusts The fully secret trust may well work because of the effects of the equity maxim à ¢Ã¢â€š ¬Ã…“equity will not allow a statute to be used as an instrument of fraud.à ¢Ã¢â€š ¬Ã‚ [19] If this doctrine was not in existence then if the secret trustee committed fraud by keeping the property he could argue that according to s.9 Wills Act 1837 the will, not complyi ng by not being in writing, negated the trust. It is up to the secret beneficiary to make the challenge; Re Snowden [1979].[20] The court will not allow the secret trustee to retain the property because the statute relating to formalities has not been adequately met. The Statute of Frauds 1677 was incorporated into the Law of Property Act 1925 and the Wills Act 1837. These statutes cannot be used by the unscrupulous to fraudulently retain trust property; McCormick v Grogan (1868)[21] LR 4 HL 82. The existence of the half secret trust depends in part upon the mechanism of avoidance of this fraud whereby the secret trustee has to complete the personal obligation that he owes the testator.[22] The court of conscience about which Lord Viscount Sumner spoke in Blackwell v Blackwell [1929][23] is equity; meaning that the fraudulent behaviour would be unconscionable and that in this context this doctrine à ¢Ã¢â€š ¬Ã…“seems to be a perfectly normal exercise of general equitable jurisd iction.à ¢Ã¢â€š ¬Ã‚  The unconscionability and the fraud theory are closely linked. Lord Viscount Sumnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s view in Blackwell v Blackwell [1929] is very likely to amount to sufficient justification for the existence of the fully secret trust. However there are difficulties in applying this theory to the half secret trust. Whilst the unconscionablity is still relevant here the possibility and likelihood of fraud is very much less since the will displays the trust situation for all to see. Partly for this reason the fraud theory has been extended; the fraud being the general fraud on the testator and on the beneficiary; Hodge (1981). An alternative and more recent view is that the secret trusts are operating outside the will (this is also known as the dehors the will theory); Re Snowden [1979].[24] This approach was considered in Blackwell v Blackwell [1929].[25] By this mechanism the secret trusts should not fail because the details were not in writing. Secret tr usts are described as being inter vivos trusts. The point of communication and acceptance between testator and secret trustee marks the point of creation of the trust and this trust is only properly constituted when the testator dies. This approach has had some subsequent support for instance in Re Young [1951][26] a secret beneficiary by being able to witness the will illustrates that the arrangement was not confined to the written requirements of a will, specifically s.15 of the Wills Act 1837. In the half secret trust to which the fraud theory does not apply and the unconscionability doctrine becomes less applicable there is uncertainty about how such a trust can exist. The nature of the requirement for the communication of a half secret trust being required before the will is made[27] might be connected with the concept of à ¢Ã¢â€š ¬Ã…“incorporation by referenceà ¢Ã¢â€š ¬Ã‚  of a document that already exists; Johnson v Ball (1851).[28] However if a future document is referred to for incorporation the trust will not comply with the Wills Act 1837 and will therefore fail. The dehors the will theory can be criticised because if a secret trust is not within the will and is therefore not within the constraints of the law of wills or propate then the secret trust must instead be subject to the rules of trust law; Challinor, 2005. There are however a number of important was in which the secret trusts are not compatible with trust law either. When property is not yet acquired but is the subject of the secret trust this is contrary to trust law. An expectancy cannot be the subject of a valid trust. The dehors the will theory is supported in Re Gardner (No 2) [1923][29] but not in Re Maddock [1902].[30] In the latter case a secret trust failed because the secret beneficiary died before the testator. This failure illustrates that the rules relating to a will were still having an effect on the secret trust. The dehors the will theory does not provide a c omprehensive explanation of the secret trusts; Kincaid, 2000. Regarding trust law if the secret trusts are operating outside the will there is still the perplexing issue of what types of trusts these are. The majority view as described by Moffat, 2005[31] is that both types of secret trust are express trusts. However Sheridan, 1951 classes fully secret trusts as constructive. If the secret trusts are express then they ought to comply with trust law regarding s53(1)(b) and s.53(1)(c) Law of property Act. A half-secret trust concerning land has to be evidenced in writing Re Baillie (1886).[32] Clearly the fully secret trusts do not comply with this requirement and therefore they are more likely to explained as implied trusts. There remains a lack of clear distinctions as to when these trusts are constituted and when they take effect; Ottoway v Norman [1972][33] and Re Gardner (No 2).[34] Conclusion The secret trusts remain a facility now used more by the indecisive when makin g a will rather than by those who require secrecy. The present arrangement whereby a fully secret testator need not detail the trust before the will is made may be some encouragement to the testator who is slow to make up his mind; Moffat, 2004).[35] This problem could be eliminated by using the rule in the half secret trust whereby the trust must be detailed before the will is made. The justification for the existence of these trusts has long presented difficulty. Classifying the different types of secret trust as one has contributed to the problem. Whilst there are a number of theories they all encounter inconsistencies with recognised principles of law. The functioning of these trusts does defy the strict rules of the Wills Act 1837 and whatever justification is accepted for this it still contravenes the basic concept that the details of a will must be evidenced in writing. Bibliography Books Hayton DJ 2004 Hayton Marshall Commentary and Cases on The Law of Trusts an d Equitable Remedies 11th edition London Thomson Sweet and Maxwell Moffat G 2004 Trusts Law Text and Materials 3rd edition Cambridge, Cambridge University Press Articles Challinor E Debunking the myth of secret trusts 2005 Conveyancer and Property Lawyer 2005 492 Hodge, Secret Trusts: The Fraud Theory Revisited 1981 Conv 341 Sheridan 1951 67 LQR 314 Kincaid D The Tangled Web: The Relationship between a Secret Trust and the Will 2000 Conveyancer and Property Lawyer 420 Wilde D Secret and Semi-secret Trusts: Justifying Distinctions Between the Two 1995 Conveyancer and Property Lawyer 366 1 Footnotes [1] Ottaway v Norman [1971] 3 All ER 1325 [2] Re Keen [1937] Ch 236 [3] Wallgrave v Tebbs [1972] 2 K J 313. [4] Moss v Cooper (1861) 1 JH 352 [5] Wallgrave v Tebbs [1972] Ch 698 [6] McCormack v Grogan (1869) LR 4 HL 82 [7] Moss v Cooper (1861) 1 S H 352 [8] Wallgrave v Tebbs (1855) 2 K J 313 [9] Re Maddock [1902] 2 Ch 220 [10] Re Smirthwaite (1861) LR 11 EQ 251 [11] Blackwell v Blackwell [1929] AC 318 [12] Re Batemanà ¢Ã¢â€š ¬Ã¢â€ž ¢s Will Trusts [1970] 1 WLR 1463 [13] Creswell v Cresswell (1868) LR 6 EQ 69 [14] Re Edwards [1948] Ch 440. [15] Re Gardner (No 2) [1923] 2 Ch 330 [16] Gold v Hill [1999] 1 FLR 54 [17] Re Young [1951] Ch 344 [18] Blackwell v Blackwell [1929] A.C. 318 [19] McCormick v Grogan (1869) LR 4 HL 82 [20] Re Snowden [1979] 2 WLR 654 [21] McCormick v Grogan (1868) LR 4 HL 82. [22] Lord Westbury in McCormick v Grogan (1869) LR 4 HL 82 [23] Blackwell v Blackwell [1929] A.C. 318 [24] Re Snowden [1979] 2 All ER 172 [25] Blackwell v Blackwell [1929] AC 318 [26] Re Young [1951] Ch 344 [27] Blackwell v Blackwell [28] Johnson v Ball (1851) 5 De G Sm 85 [29] Re Gardner (No 2) [1923] 2 Ch 330 [30] Re Maddock [1902] 2 Ch 220 [31] p 119 [32] Re Baillie (1886) 2 TLR 660. [33] Ottoway v Norman [1972] Ch 698 [34] Re Gardner (No 2) [1923] 2 Ch 330 [35] p 124