Thursday, October 31, 2019
Lenin Essay Example | Topics and Well Written Essays - 1000 words
Lenin - Essay Example Revolution came about as a result of various political actors as well as funding from foreign powers such as Germany which were interested in making sure that it withdrew from the First World War. Vladimir Lenin was one of the most important leaders of the Russian Revolution and this was mainly because he was a charismatic leader who sought to ensure that the monarchy in Russia was brought to an end. An individual dedicated to the rights of the working class that formed the bulk of the Russian state, Lenin was an individual who not only completely opposed to the monarchy, but also took an active part in ensuring its end (Rice 135). His political activities forced him into exile in Switzerland where he was in constant touch with likeminded people who believed that a communist revolution in Russia was necessary. While this was the case, Lenin and his associates did not have the necessary funding to ensure a successful uprising but this was remedied by the German government which is believed to have funded Lenin as well as organizing the means for him to return to Russia to agitate for a revolution. Germany played a pivotal role in helping the Bolsheviks come to power because it was in its interests to make sure Russia withdrew from the First World War and the only way to do this was to overthrow the monarchy (Pipes 141). It should be noted that during this period, Germany was fighting a two front war with the Allies and Russiaââ¬â¢s withdrawal meant that it could concentrate its efforts in the western front. The German government therefore provided Lenin with the means of achieving his revolutionary objective in Russia and it was through German funding and support that he was able to mobilize the support he needed to overthrow the Tsarist government. Alexander Lvovics Parvus was a significant factor in the Russian Revolution and he did this through his association with influential individuals in the German establishment such as Baron von Wangenheim (Karaà ¶merlà ±oßlu
Tuesday, October 29, 2019
The Tests That Can Determine an Entire Future Essay Example for Free
The Tests That Can Determine an Entire Future Essay Albert Einstein once said, It is the supreme art of the teacher to awaken joy in creative expression and knowledge. How, though, may teachers follow these wise words, when they must constantly worry about educating their students so they can pass just one of the many standardized tests thrust upon them? John Dewey, an American philosopher, also said, The real process of education should be the process of learning to think through the application of real problems. How, though, can students possibly learn critical thinking if they are forced to learn through relentless memorization and worksheets in order for them to pass one test upon which their futures so highly depend? This phenomenon of accountability testing and holding teachers accountable for scores has swept across the country, creating a negative approach to educating the youth of America. Due to the lack of validity of these tests and the negative effects on teachers and students, standardized testing is ruining the public education system. With accountability for standardized testing being a new trend in America, today, many do not realize how long ago they were actually used and why they are being used now. Dan Fletcher wrote in a Time magazine article that China was the first country to ever develop standardized tests, which were used to test government officials (4). This new idea began to move westward, but writing essays was still the favored method of testing. However, in 1905, America began to conform to the new trend, and Alfred Binet developed the IQ test, which emerged as an easy way to test large numbers of students quickly(Fletcher 5). Today, standardized tests have become the sole measure of not only student success, but also the success of the school and teachers. A few years ago, in 2001, George W. Bush passed the No Child Left Behind Act (NCLB), which [expanded] state-mandated standardized testing as means of assessing school performance (How Standardized Testing). The passing of this law brought about an enormous wave of change. Schools now use standardized testing to determine if children are ready for school[to] diagnose for learning disability, retardation and other handicaps; and to decide whether to promote, retain in grade, or graduate many students (How Standardized Testing). Obviously, there have been many changes made to the idea of standardized testing. Society has gone from using them to test government officials to now using the tests as a means of judging a students knowledge. Yet, are they actually helping America? Research, from the present and the past, has shown that education in America has seen no improvement since the spread of standardized testing. In 1999, according to the National Research Center, In comparison with students from 143 other countries, American students finished in the lowest quarter in geometry and ranked second from the bottom in algebra (Sykes). Ten years later, America is still experiencing low stats, even with the passing of the NCLB Act. There are many statistics showing the decline of the United States in the global rankings: U.S. students slipped from 18th in the world in math in 2000 to 31st place in 2009, with a similar decline in science and no change in reading (Is the Use of). It is ironic that this decline became noticeable not long after Bushs NCLB Act was passed, with the intended purpose of bettering the education of Americas students. One reason for this digression is the fact that the tests favor not only white Americans, but also the wealthy. There have been many critics who have said that standardized tests are racist because of the difference in performance: Evidence of such differences in test scores raise the issue that perhaps these tests are discriminating. Tests do not recognize that students of different cultures may have different learning styles (Hudson 52). For this reason, Hispanics, African-Americans and foreign exchange students do not experience high success rates on these tests. Furthermore, the tests tend to favor the wealthy, rather than the less fortunate students: There is no question that students with greater resources and economic opportunities perform better as a general rule on standardized testsstandardized tests are unfair because the questions require a set of knowledge and skills more likely to be possessed by children from a privileged background. (Hudson 50) In a country where discrimination is ruled unconstitutional, would one not think that government officials would work to eliminate this? Not only are these tests favorable to certain people, but it does not help that accountability tests have become the sole determinant of students knowledge and their readiness to move on with their education. It is now to the point where [schools] require students to pass an exit exam before they can graduate from high school. Even if the students pass all their courses, they can be denied their diplomas (Hudson 57). It is completely incomprehensible that a student can pass every single one of his or her high school courses needed to graduate, but he or she will not receive a diploma because of one, single, measly test score. Not only does this issue occur with high school, but there is even more pressure on students when it comes to getting into a college: The ACT and its counterpart, the SAT, have become one of the largest determining factors in the college-admissions process, particularly for elite schools (Fletcher 4). So, now students cannot even get into the college of their choice without meeting the required standards on one of these ridiculous tests. Making matters worse, there are so many things that can go wrong on the day of that one test that can decide a students future: Studies have documented that how students fare on standardized tests can be greatly influenced by a host of external factors, including stress over taking the test, amount of sleep, distractions at the testing site, time of day, emotional state and others (French 64). If this is so, then why do government officials continue to falsely judge Americas knowledge by basing its success on the performance of one test? It is already bad enough that these outrageous tests are the sole basis of a students educational progress, but they also insult the students intelligence. These tests consist of absolutely no curriculum whatsoever, and do not involve one bit of critical thinking: [The NCLB Act] bypass[es] curriculum and standardsit demand[s] that schools generate higher test scores in basic skills, but it require[s] no curriculum at all, nor [does] it raise standards (Ravitch 16). Therefore, all of the classes that students are required to take in high school, in reality, are not really helping them with these oh so important tests. They are completely excluding history, civics, literature, science, the arts, and geography (Ravitch 16). Instead, they test how to read graphs, reading comprehension, grammar, and other ridiculous things that do not really test a students full capability or creativity. For these reasons, a different approach to reform is needed-one that focuses on helping students develop high-levels of proficiency in the real-world and competencies they will need to succeed in the workplace tomorrow (Reha 46). By doing this, America would be significantly helping its youth by preparing them for the future, rather than preparing them for a single test with no critical thinking at all. Unfortunately, there have been no changes made since the spread of standardized testing evolved; positive changes, that is. As an effect of this phenomenon, there have been many changes in the way teachers must teach, and the way the environment must be within their classrooms. Now, teachers find themselves teaching to the test, rather than getting their students involved in real-life decision making: They are forced to teach in ways that are not developmentally appropriate and do not promote critical thinking and decision-making (Solley 53). What good is it doing a student by filling out multiple choice essays, rather than learning how to problem solve and make good decisions? Now, it is all rote learning, [and] less real learningkids fill out more worksheets, answer more questions at the end of textbook chapters, and participate in more drills (Reha 45), than ever before. It is no surprise that teachers are very opposed to this method, and are often fighting against it. David Berliner and Sharon L. Nichols, authors of Has No Child Left Behind Been Good for Education, wrote that they often found teachers and administrators repeatedly telling them that they were being held responsible for their students performance regardless of other factors that may affect it. [They] found teachers concerned about their loss of moraleand the undercutting of their professionalism (49). Apparently, teachers feelings do not matter in this country. America has made it obvious that teachers no longer have a say in how they teach and the way they run their classrooms, which only causes an inevitable chain of negativity leading to the students, themselves. With all of these negative changes that must be made by the teachers, it is no wonder why students are becoming less motivated to learn. People cannot expect students to honestly want to sit through a boring lecture about the facts and statistics that they must memorize just so they can pass one, single test: Schools no longer strive to create informed citizens; instead, they focus only on teaching children what is essential for them to know to pass the government-mandated standardized tests. As a result, childrens motivation and learning suffer (Solley 41). As previously said, teachers must have students fill out more worksheets and multiple choice exams than ever; how could that possibly be fun for a child? Bobbie A. Solley, author of Education, wrote that children are now under increased pressure to perform on demand, memorize mundane facts and figures, and sit for long periods of time while listening to the teacher and/or filling in circles on a worksheet (49). How could a student feel motivated to go to school knowing that this is what he or she will be doing for the entire day? Think about it. Think about what the futures of students could look like without standardized testing. Picture how stress free their lives could be, without any added pressures of performing well on these ridiculous tests. Imagine them being able to engage in critical thinking and decision-making that will help them in the real-world, rather than engaging in learning just for one test. If only people would see how successful the youth of America could be without the use of standardized testing.
Saturday, October 26, 2019
Conventionally Broadcast Encryption (BE) Schemes
Conventionally Broadcast Encryption (BE) Schemes ABSTRACT Conventionally broadcast encryption (BE) schemes enable a sender to securely broadcast to any subset of members, however it requires a trusted party to circulate decryption keys. Group key agreement protocols authorize a group of members to negotiate a common encryption passkey through spread out networks so that only the batch members can decode the ciphertextsviz encrypted under the shared encryption key, but a sender cannot debar any particular member from decrypting the ciphertexts. This project infers two notions with a hybrid primitive referred to as Auxiliary Propagate encoding. In this new primitive, a common public encoding key is agreed by group members who hold a individual decoding passkey. A sender viewing the public group encoding passkey can restrict the decoding to a subdivision of members of his preference. The scheme is proven to be fully collusion-resistant under the decision n-Bilinear Diffie-Hellman Exponentiation presumption in the standard imitation. Of unaided interest, the project presents a new BE scheme that is aggregatable. The cumulative property is shown to be useful to construct advanced protocols. Keywords-Multicast encoding, Auxiliary Propagate Encoding, Provable Security, Group key agreement INTRODUCTION INTRODUCTION Along the rapidly leading and prevalent communion technologies, there is an increasing bid for handy cryptographic primeval to protect group conversations and ciphering platforms. These platforms include instant-messaging tools, collaborative ciphering, mobile ad hoc networks and communal net. These new applications call for cryptographic primitives allowing a sender to soundly encrypt to any subdivision of the users of the services without relying on a fully credible dealer. Broadcast encoding is a well-studied primeval intended for secure group-oriented communications. It allows a sender to soundly broadcast to any subdivision of the group members Nonetheless, a BE system heavily relies on a fully trusted key server who produces classified decoding passkeys for the members and can read all the communion to any members. Group key agreement is another well-defined cryptographic primeval to secure group-oriented communions. A traditional GKA enables a group of members to setup a common secret passkey through spread out networks. However, whenever a sender wants to share an information to a group, he must first join the group and run a GKA protocol to share a classified passkey with the intended members. More recently, and to overthrow this limitation, Wu et al. popularized asymmetric GKA, a common public encoding key is agreed by group members who hold a individual decoding passkey. However, neither traditional symmetric GKA nor the newly introduced asymmetric GKA enables the sender to unilaterally exclude any particular member from reading the plaintext. Hence, it is necessary to find several adjustable cryptographic primeval en abling dynamic broadcasts without a fully credible dealer. The Auxiliary Propagate Encoding primitive, viz a hybrid of GKA and BE. Compared to its preliminary Asia crypt 2011 version, this project provides complete security proofs, elaborates the necessity of the aggregatability of the hidden BE building block and shows the practicality of the scheme with experiments. The main contributions are as follows. First, the primitive and explains its security definitions. Auxiliary Broadcast Encoding incorporates the elemental ideas of GKA and BE. A group of members interact through free networks to agree a public encoding passkey while each member holds a different secret decoding key. Using the public encryption passkey, anyone can encode any message to any subdivision of the group members and only the intended receivers can decrypt. Unlike GKA, Auxiliary enables the sender to exclude some members from reading the ciphertexts. Compared to Broadcast Encryption, Auxiliary Propagate Encoding does not need a fully credible third party to set up the system. Characterize collusion resistance by defining an attacker who can fully control every member farther the affianced receivers but cannot extract useful message from the cipher text. Second, the notion of aggregatable broadcast encoding. Coarsely speaking, a Broadcast Encoding scheme is aggregatable if its secure instances can be aggregated into a new secure instance of the BE system. Specifically, only the aggregated decoding keys of the same user are valid decoding keys corresponding to the aggregated public passkeys of the hidden Broadcast Encryption examples. The aggregatability of AggBE schemes is beneficial in the manufacturing of scheme and the BE schemes in the literature are not aggregatable. A detailed AggBE system tightly proven to be fully collusion-resistant beneath the decision BDHE assumption. The proposed AggBE system offers effectual encoding/decoding and short ciphertexts. Certainly, create an effectual Auxiliary Broadcast Encoding scheme with AggBE scheme as a building block. The Auxiliary Broadcast Encoding construction is proven to be semi-adaptively secure under the decision Bilinear Diffie-Hellman Exponentiation assumption in the standard model. Only one round is needed to form the public group encoding passkey and set up the Auxiliary Broadcast Encoding system. After the system set-up, the storage cost would be O(n) for sender as well as for group members, where n is the number of group members taking part in the setup stage. Although, the online complexity (which dominates the practicality of a Auxiliary Broadcast Encoding scheme) is very low. Post trade-off, the variant has O(n2=3) complexity in communion, calculations and storage. This is comparable to up-to-date regular Broadcast Encoding schemes which have O(n1=2) complexity in the same performance metrics, but system does not require a credile passkey dealer. Execute a chain of experiments and the experimental results verify the practicality of scheme. Potential Applications A potential application of Auxiliary Propagate Encoding is to secure data exchanged among friends via social networks. Since the Prism scandal, people are desperately concerned about the privacy of their personal data shared with their friends over social networks. Auxiliary Propagate Encoding can provide a feasible solution to this problem. Indeed, Phan et al underlined the applications of Auxiliary Propagate Encoding to social networks. In this scenario, if a group of users want to share their data without letting the social network operator know it, they this Encoding scheme. Since the setup procedure of Encoding only requires one round of communication, each member of the group just needs to broadcast one message to other intended members in a send-and-leave way, without the synchronization requirement. After receiving the messages from the other members, all the members share the encryption key that allows any user to selectively share his/her data to any subgroup of the members . Furthermore, it also allows sensitive data to be shared among different groups. Other applications may include contemporary messaging among family members, protected scientific research tasks jointly conducted by scientists from different places, and disaster rescue using a mobile ad hoc network. A common feature of these scenarios is that a group of users would like to exchange sensitive data but a fully credible third party is unavailable. Encoder provides an efficient solution to these applications. AIMS OBJECTIVES 2.1à AIM The Auxiliary Propagate Encoding primitive, viz a hybrid of GKA and BE. Compared to its preliminary Asia crypt 2011 version, this project provides complete security proofs, elaborates the necessity of the aggregatability of the hidden BE building block and shows the practicality of the scheme with experiments. The main aim are as follows. First, the primitive and explains its security definitions. Auxiliary Broadcast Encoding incorporates the elemental ideas of GKA and BE. A group of members interact through free networks to agree a public encoding passkey while each member holds a different secret decoding key. Using the public encryption passkey, anyone can encode any message to any subdivision of the group members and only the intended receivers can decrypt. Unlike GKA, Auxiliary enables the sender to exclude some members from reading the ciphertexts. Compared to Broadcast Encryption, Auxiliary Propagate Encoding does not need a fully credible third party to set up the system. Characterize collusion resistance by defining an attacker who can fully control every member farther the affianced receivers but cannot extract useful message from the cipher text. 2.2à OBJECTIVE The Auxiliary propagate Encoding primitive, which is a hybrid of GKA and BE.It provides complete security proofs, illustrates the necessity of the aggregatability of the underlying BE building block. ConBE incorporates the underlying ideas of GKA and BE. A group of members interact via open networks to negotiate a public encryption key while each member holds a different secret decryption key. Using the public encryption key, anyone can encrypt any message to any subset of the group members and only the intended receivers can decrypt. The collusion resistance by defining an attacker who can fully control all the members outside the intended receivers but cannot extract useful information from the ciphertext. The notion of aggregatable broadcast encryption (AggBE). Coarsely speaking, a BE scheme is aggregatable if its secure instances can be aggregated into a new secure instance of the BE scheme. Specifically, only the aggregated decryption keys of the same user are valid decryption keys corresponding to the aggregated public keys of the underlying BE instances. An efficient ConBE scheme with our AggBE scheme as a building block. The ConBE construction is proven to be semi-adaptively secure under the decision BDHE assumption in the standard model. LITERATURE SURVEY LITERATURE SURVEY 3.1 Paper on Broadcast Encryption: Several schemes that allow a center to broadcast a secret to any subset of privileged users out of a universe of size nso that coalitions of k users not in the privileged set cannot learn the secret. The most interesting scheme requires every user to store O(k log k Several schemes that allow a center to broadcast a secret to log n)keys and the center to broadcast O(k2 log2 k log n) messages regardless of the size of the privileged set. This scheme requires every user to store O(log k log(1/p)) keys and the center to broadcast O(k log2 k log(1/p)) messages. Algorithm: Step 1: Takes as input the number of receivers n, Setup(n) outputs private keys d1 , à ¢Ã¢â ¬Ã ¦, dn and public-key PK. Step 2: Takes as input a subset, Encrypt (S, PK, M): Encrypt M for users S à ¯Ãâà {1, à ¢Ã¢â ¬Ã ¦, n} Output ciphertext CT. Step 3: Takes as input a subset, Decrypt (CT, S, j, dj, PK): If j à ¯ÃâÃ
½ S, output M. The key K can then be used to decrypt the broadcast body CM and obtain the message body M 3.2 Paper on Collusion Resistant Broadcast Encryption With Short Ciphertexts and Private Keys: This system describe two new public key broadcast encryption systems for stateless receivers. Both systems are fully secure against any number of colluders. This construction both ciphertexts and private keys are of constant size (only two group elements), for any subset of receivers. The public key size in this system is linear in the total number of receivers. Second system is a generalization of the first that provides a trade-off between ciphertext size and public key size. The system achieves a collusion resistant broadcast system for n users where both ciphertexts and public passkeys are of size O(à ¢Ãâ Ã
¡n) for any subset of receivers. Algorithm: Step 1: Let G be a bilinear group of order p. Pick a random generator g of G and random ÃŽà ±, ÃŽà ³ à ¢Ãâ Ãâ Zp and, as usual, define gi = g(ÃŽà ± i ) and v = gÃŽà ³Ã ¢Ãâ Ãâ G. Step 2: Output the public key PK = {g, g1, , gn, gn+2, . . . , g2n, v} , it generates m shares of ÃŽà ³. Secret sharing generates the shares. Let f à ¢Ãâ Ãâ Zp[x] be a random polynomial of degree t à ¢Ãâ ââ¬â¢ 1 satisfying f(0) = ÃŽà ³. For j = 1, , m the jth share of ÃŽà ³ is defined as sj = f(j) à ¢Ãâ Ãâ Zp. Step 3: User k à ¢Ãâ Ãâ {1, . . . , n} wants her private key dk = g ÃŽà ³kà ¢Ãâ Ãâ G. pick t administrator servers to help generate dk. To generate dk . For i = 1, . . . , it receives g si k from the ith administrator. It computes private key as dk = à ¢Ãâ à i=1(gk8)ÃŽà »i . Then dk = gkà ¢Ãâ ââ¬Ëi=1 ÃŽà »i8i = g ÃŽà ³k as required. As usual all these messages are sent between the administrators and a user are over a private channel. 3.3 Paper on A Conference Key Distribution System: Encryption is used in a communication system to safeguard information in the transmitted messages from anyone other than the intended receiver. To perform the encryption and decryption the transmitter and receiver ought to have matching encryption and decryption keys. A clever way to generate these keys is to use the public key distribution system invented by Diffie and Hellman. The public key distribution system is generalized to a conference key distribution system (CKDS) which admits any group of stations to share the same encryption and decryption keys. The analysis reveals two important aspects of any conference key distribution system. One is the multi-tap resistance, which is a measure of the information security in the communication system. The other is the separation of the problem into two parts: the choice of a suitable symmetric function of the private keys and the choice of a suitable one-way mapping thereof. Algorithm : Step 1 : Consider A center chooses a prime p = ÃŽÃÅ"(2cN), c à ¢Ã¢â¬ °Ã ¥ 1 constant, and an element ÃŽà ± à ¢Ãâ Ãâ Zp of order q = ÃŽÃÅ"(2N). If this has to be verià ¯Ã ¬Ã ed then the factorization of q is given. The center publishes p, ÃŽà ± and q. Step 2 : Let U1,,Un be a (dynamic) subset of all users5 who want to generate a common conference key. Step 3 : Each Ui, i = 1,,n, selects6 rià ¢Ãâ Ãâ R Zq, computes and broadcasts Zi=ÃŽà ±ri mod p . Step 4 : Each Ui, i = 1,,n, checks7 that ÃŽà ±q à ¢Ã¢â¬ °Ã ¡ 1(modp) and that (zj)q à ¢Ã¢â¬ °Ã ¡ 1(modp) for all j = 1,,n, and then computes and broadcasts Xi à ¢Ã¢â¬ °Ã ¡(zi+1/zià ¢Ãâ ââ¬â¢1)ri (modp), where the indices are taken in a cycle. Step 5 : Each Ui, i = 1,,n, computes the conference key, Ki à ¢Ã¢â¬ °Ã ¡(zià ¢Ãâ ââ¬â¢1)nri Ãâà ·Xin-1à ¢Ãâ ââ¬â¢1 Ãâà · Xi+1n-2 Ãâà ·Ãâà ·Ãâà · Xi-2 (modp). 3.4 Paper on Key Agreement in Dynamic Peer Groups: As a result of the increased popularity of group- oriented applications and protocols, group communication occurs in many different settings: from network multicasting to application layer tele- and video-conferencing. Regardless of the application environment, security services are necessary to provide communication privacy and integrity. This paper considers the problem of key agreement in dynamic peer groups. (Key agreement, especially in a group setting, is the steeping stone for all other security services.)Dynamic peer groups require not only initial key agreement (IKA) but also auxiliary key agreement (AKA) operations such as member addition, member deletion and group fusion. We discuss all group key agreement operations and present a concrete protocol suite, CLIQUES, which offers complete key agreement services. CLIQUES is based on multi-party extensions of the well-known Diffie-Hellman key exchange method. The protocols are efficient and provably secure against passive adversaries. 3.5 Comparative Study SR NO Paper Title And Methods Used Authors Name Mertis Demerits Problem Solution Future Work 1. Broadcast Encryption ( Symmetric Encryptions, Secret key Distributions management) A. Fiat and M. Naor Provides secure group-oriented communications Existing GKA protocols cannot handle sender/member changes efficiently Requires a trusted third party to distribute the keys. Using Asymmetric group key agreement (ASGKA) to overcome this. Future work will concern the implementation of the ASGKA scheme to incorporate the following. 2. Collusion Resistant Broadcast Encryption with short Ciphertext and private keys (Parameterization) Dan Boneh , Craig Gentry Provides a collusion resistant system. Cannot handle large sets of groups. Collusion resistant is limited to a relatively small group. Using appropriate parametrization Future works will concern the reduction of collusion by constructing both Ciphertext and private key of constant size. 3. A Conference Key Distribution System (Security in digital systems ,Conference key distribution) I. Ingemarsson, D.T. Tang and C.K. Wong Provides a system using That distributes key using contributory key generation. It is immune to insecurities due to symmetric functions of degree two. As the key was a symmetric function of degree two, it was insecure. Using a asymmetric function instead of symmetric function. Future research will be devoted to methods that can use asymmetric function for higher security. 4. Key Agreement in Dynamic Peer Groups (Multi-party Computation) Michael Steiner, Can handle system with constantly changing members and senders. It is not efficient for relatedly large set of groups. Works only for relatively small and non-hierarchical groups. Using key transport mechanism. Future research Will including the methods adopted in this. 5. Broadcast Encryption ( Symmetric Encryptions, Secret key Distributions management) A. Fiat and M. Naor Provides secure group-oriented communications It requires a fully trusted third party and direct link It is more expensive as direct link has to be established Cost can be minimised using Contributory key generation schemes or using Conbe Scheme. Future research will be including plans to implement the schemes to cut down expenses. 6. Contributory Broadcast Encryption With Efficient Encryption and Short Ciphertexts Qianhong ,Bo Qin, Lei Zhang,Josep Domingo-Ferrer Doesnt require trusted third Party to set up the system. As it is more flexible , it compromises on some set of performances. Cannot handle changes in server/member efficiently Using auxiliary group Encoding EXISTING SYSTEM EXISTING SYSTEM PROBLEM STATEMENT PROBLEM STATEMENT The prevailing broadcast encryption scheme can provide reliable end to end encryption, however requires a trusted third party to distribute the keys. Also the BE scheme requires to set a direct link with the receiver to enable the flow of information. Existing GKA protocols cannot handle sender/member the changes efficiently with the growing technologies and ad hoc devices, it is essential for the system to address and resolve the issue.Using Asymmetric group key agreement (ASGKA) the system can overcome the shortcomings of the BE system. Collusion Resistant Broadcast Encryption with short Ciphertext and private keys methodology used a symmetric key of degree two to mitigate collusion for a relatively short system. It could not handle or further avoid collusion for a large set of system.Using appropriate parameterization can aid the drawbacks of the system. Also as the key was a symmetric function of degree two, it was insecure and worked only for relatively small and non-hierarchical groups. A Conference Key Distribution System which uses security in digital systems and conference key distribution provides a system That distributes key using contributory key generation. It is immune to insecurities as it uses symmetric function of degree two. Key Agreement in Dynamic Peer Groups which uses multi-party Computation can handle system with constantly changing members and senders but It is not efficient for relatedly large set of groups. Using key transport mechanism, the range of the system can work efficiently for relatively larger set of group. The system will not require the sender to be the part of the group. SCOPE SCOPE PROPOSED SYSTEM PROPOSED SYSTEM Diffie-hellman algorithm Diffie-Hellman key exchange (D-H) [nb 1] is a specific method of securely exchanging cryptographic keys over a public channel and was one of the first public-key protocols as originally conceptualized by Ralph Merkle and named after WhitfieldDiffie and Martin Hellman. Step 1: Let the users be named sender and receiver. First, they agree on two prime numbers g and p, where p is large and g is a primitive root modulo p. Step 2: Now sender chooses a large random number a as her private key and receiver similarly chooses a large number b. Step 3: Sender then computes, which she sends to Receiver, and Receiver computes , which he sends to sender. Step 4: Now both Sender and Receiver compute their shared key , which Sender computes as and Receiver computes as Sender and Receiver can now use their shared key to exchange information without worrying about other users obtaining this information. In order for an attacker to do so, he would first need to obtain knowing only , , and . This can be done by computing from and from . This is the discrete logarithm problem, which is computationally infeasible for large . Computing the discrete logarithm of a number modulo takes roughly the same amount of time as factoring the product of two primes the same size as . 7.2MATHEMATICAL MODEL Group Key Agreement. For 1 à ¢Ã¢â¬ °Ã ¤k à ¢Ã¢â¬ °Ã ¤n, member k doesthe following: Randomly choose Xi,k à à µG, ri,k à à µZpÃÅ'à ½; Compute Ri,k = gÃâ"à ¾ÃÅ Ã ³i,k, Ai,k = e(Xi,k, g); Set PKk = ((R0,k , A0,k),à ¢Ã¢â ¬Ã ¦.,(Rn,k, An,k)); For j = 1,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦., n ,jà ¢Ã¢â¬ °Ã k, computeà Ãâi, j ,k=Xi,khjri,kfor i = 0,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦,n, with i à ¢Ã¢â¬ °Ã j; Set dj,k = (à Ãâ0,j,k,à ¢Ã¢â ¬Ã ¦.., à ÃâjÃâ"à ¾1,j,k,à Ãâj+1,j,k,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦,à Ãân,j;k); Publish (PKk, d1,k,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦.,dkÃâ"à ¾1;k, dk+1,k,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦., dn,k); Compute dk,k accordingly and keep it secret. Group Encryption Key Derivation. The group encryption key is PK = PK0 PKn = ((R0,A0),à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦,(Rn,An)) where Ri =à Ã
¸nk=1Ri,k,Ai =Ã Ã
¸nk=1Ai,kfor i =0,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦,n. The group encryption key PK is publiclycomputable. Member Decryption Key Derivation: For 1 à ¢Ã¢â¬ °Ã ¤ià ¢Ã¢â¬ °Ã ¤ n 1 à ¢Ã¢â¬ °Ã ¤jà ¢Ã¢â¬ °Ã ¤ nand i à ¢Ã¢â¬ °Ã j, member j can compute herdecryption key dj = (à Ãâ 0,j,à ¢Ã¢â ¬Ã ¦.., à Ãâ jÃâ"à ¾1,j,à Ãâj+1,j,à ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã ¦,à Ãân,j) where n n n à Ãâi,j= à Ãâi,j,jà Ã
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Friday, October 25, 2019
The Status of Single Mothers Essay -- Sociology
There is a stigma associated with women that are supported by government aid, especially single mothers. The women on welfare are often treated poorly because people think they are ââ¬Ëworking the systemââ¬â¢. Tax payers feel as if the single mothers on welfare perpetuated their own poverty by having children that they cannot support, just for a bigger welfare check. They often assume that these women do not work and just live off government handouts. I know of mothers that fit this stereotype; adults still living in their parents houses, rent free, with several children from multiple fathers. The women I know do not work and they are hardly good parents. They fit the description of the stereotypically single mother on welfare; they are lazy and selfish and trying to get more aid than they actually qualify for. There are experts who have extensively studied the relationship between women and welfare. These experts have educational backgrounds in political science, economics, sociology, women and gender studies and law and policy. The authors that most effectively deal with the problem of societies condemnation of women on welfare have studied in the fields of womenââ¬â¢s studies and sociology; Joanne Goodwin, Diane Purvin and Kathleen Mullan Harris, Charles Reich, respectively. Joanne Goodwinââ¬â¢s research and teaching interests are in 20th century U.S. history with a specialization in women and gender history. Her major publications include: Gender and the Politics of Welfare Reform the Encyclopedia of Women in American History, 3 vols. which she co-edited. Goodwin earned her Ph.D. in U.S. History from the University of Michigan (Goodwin). Kathleen Mullan Harris is an Associate Professor in the Sociology Department at the University of N... ...c.edu. Aug. 2010. Web. 24 Feb. 2012. . Harris, Kathleen Mullan. "Work and Welfare Among Single Mothers in Poverty." American Journal of Sociology 99.2 (1993): 317-52. JSTOR. Web. 30 Jan. 2012. . Purvin, Diane M. "At the Crossroads and in the Crosshairs: Social Welfare Policy and Low-Income Women's Vulnerability to Domestic Violence." Social Problems 54.2 (2007): 188-210. JSTOR. Web. 30 Jan. 2012. . Purvin, Diane M. "Diane M. Purvin." LinkedIn. Web. 24 Feb. 2012. . Reich, Charles A. "Individual Rights and Social Welfare: The Emerging Legal Issues." The Yale Law Journal 74.7 (1965): 1245-257. JSTOR. Web. 30 Jan. 2012. .
Wednesday, October 23, 2019
Contract Laws In China and America Essay
I.Concepts and Features of Contract and Contract Law I.Concepts A.Concept and Features of Contract 1. Concept of Contract According to the provision of Article 2 of the Contract Law of Peopleââ¬â¢s Republic of China (hereinafter referred to as Contract Law), contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations. Contract was once divided into agreement and contract. Agreement refers to the civil legal act established by both partiesââ¬â¢ consensus with regard to opposite intentions, such as sales agreement. Contract refers to the civil legal act established by two or above three partiesââ¬â¢ consensus with regard to collateral intentions, such as partnership contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings. In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Furthermore, civil contract may also be divided into creditorââ¬â¢s right contract, real right contract, intellectual property contract, identity contract, personality right contract, etc. In the narrow sense, contract refers to the agreement for involved parties with equal status to establish, alter and/or terminate civil rights and obligations. The contract adjusted by the contract law is generally confined to the contract of creditorââ¬â¢s right, real right and/or intellectual property, etc. 2. Features of Contract It can be seen from the concept of contract ââ¬â contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: Contract is a kind of civil legal act implemented by natural persons, legal persons and/or other organizations with equal status. As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations. Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc. In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws. On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract. As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. 3 Contract is the civil legal act in which two or more parties declare a common intention. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus. If such declared intentions are not consistent, no contract will be formed. Even though ââ¬Å"one party cheats or threats or take advantage of the other partyââ¬â¢s precarious situation to make such other party to conclude a contract which violates its real intentionâ⬠, the party suffering damages is entitled to request peopleââ¬â¢s court or arbitration agency to alter or revoke the contract (Article 54.2 of the Contract Law. For similar notes cited in the following text, Contract Law will be omitted). Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations. Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished. â⠣Contract is a civil legal relationship generated on an equal and voluntary basis by parties involved. That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. ââ¬Å"Parties of a contract have equal legal status and one party may not impose its will on the other partyâ⬠(Article 3); ââ¬Å"Parties have the right to conclude a contract voluntarily according to law and no unit or individual may intervene illegallyâ⬠(Article 4). â⠤Contract is the civil legal act which is legally binding. ââ¬Å"The contract concluded according to law is legally binding upon parties involved. Parties shall perform their obligations as agreed and may not alter or terminate the contract with no consentâ⬠; ââ¬Å"The contract concluded according to law is protected by lawâ⬠(Article 8). Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses. B. Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense. In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved. ââ¬Å"The core of contract law is the exchange of promiseâ⬠. However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof. Therefore, the scope contained is not comprehensive. Just as Bayless stated, ââ¬Å"The contract law pays attention not only to enforceable contracts and à agreements, but to adjusting the result of no contract or agreement concludedâ⬠. Therefore, the concept of contract law in the narrow sense is not suitable to apply. The concept of contract law in the broad sense proceeds from the object normalized thereby, namely the transaction relation, and defines the contract law as ââ¬Å"the law relating to the individual transfer of property or labor serviceâ⬠. Most scholars in our country also consider that contract law is the law adjusting the dynamic property relations. Both contract law and real right law adjust the property relations, however, ââ¬Å"the real right law stipulates and adjusts the static state of property relation while the contract law stipulates and adjusts the dynamic state of property relationâ⬠. Given that the contract law comprehensively adjusts the transaction relation and the establishment of a contract equals to the formation of a transaction, the performance, alteration, cancellation and termination of the contract constitute the transaction process. Consequently, itââ¬â¢s necessary for the contract law to stipulate the procedures to conclude the contract by parties involved, ineffectiveness and revocation of the contract, remedies upon the failure or part failure to perform the contract, various specific contracts, etc. In a word, any and all transaction relations may be adjusted by the contract law. The definition of contract law as the law adjusting the transaction relation precisely summarizes the nature and fu nctions of the contract law. 2. Features of Contract Law The contract law takes adjusting the transaction relation as its content and is applicable to various civil contracts, which determines the contract law has the features different from those in other departments of civil law (such as personality right law). These features are: Contract law has strong randomicity. Under the condition of market economy, the transaction development and property growth require the market subjects to be independent and fully express their wills. Laws shall leave broad space for the transaction activities of market subject and the intervention of government in economic activities shall be limited to the extent prescribed in the contract. The requirements put forward by the market economy against the law which endow parties with freedom to act as far as possible are thoroughly expressed in the contract. Therefore, the contract law mainly regulates the transaction through random norms rather than mandatory norms. For example, though the contract law stipulates various contracts with certain titles, it does not necessarily require parties to design the contract content precisely in accordance with the provisions prescribed in law concerning the contract with certain title, but parties may negotiate to determine the contract articles freely. As long as the articles negotiated by parties donââ¬â¢t violate the prohibitive regulations of laws, social public interest or public morality, the effect of the contract is acknowledged by law. Notwithstanding law stipulates the contracts with certain titles, parties are not prohibited from creating new contract forms. Although the form to establish a contract is stipulated by law, unless otherwise specially prescribed about the contract form, parties are allowed to freely choose the contract form in principle. In short, a majority of norms of the contract law may be altered by parties through agreements. The contract law also takes the freedom of contract as its basic principle; therefore, the contract law can be called as law at will in this connection. â⠡Contract law emphasized the principle of consultation on an equal footing and compensation of equal value The object normalized by the contract law is transaction relation, which requires the principle of consultation on an equal footing and compensation of equal value in nature. Just as Marx indicated, the commodity is ââ¬Å"equal by natureâ⬠. In the exchange of commodities, ââ¬Å"only the owners of commodities with equal status stand at opposite sides, and the means of occupying othersââ¬â¢ commodities may only be used to alienate their own commodities.â⬠The exchange of commodities inevitably requires conforming to the law of value so as to carry out the exchange of equivalent labor, which determines that the contract law attaches more importance to the principle of consultation on an equal footing and compensation of equal value than other laws of civil law. â⠢Contract law is a uniform property law. Market economy is an open economy, which demands for the integration of domestic market with international market, domestic trade and international trade. As the basic law of the market economy, the contract law should not only reflect the requirements for a uniform market with a set of uniform rules, but also integrate with international conventions. â⠣Contract law is the law producing social wealth. Market economy is a developed credit economy, with all credit systems established on the basis of contract relations. A developed credit economy needs promise and agreement. At the same time, the more solid and universal the promise and agreement are, the more developed the credit economy is. II. Comparison of Development History and Textural Difference between Chinese and American Contract Laws A. Different Development Histories of Contract Legal Systems in China and US 1. Emergence of Contract and Contract Law Contract is the result of commodity economy, which emerges along with the emergence of commodity economy and develops along with the development of commodity economy. The contract law is accompanied with the emergence and development of the contract. In later period of clan society, due to the emergence and accumulation of private property, the exchange of products among people was becoming increasingly extensive and certain rules came into shape gradually. In the beginning, these rules were guaranteed by oaths, customs and other ways. When the oaths, customs and other ways were incapable to guarantee the implementation of trading rules, the social community emerging as the times required (organ of state power) thus formulated legal norms to supersede the foregoing. The earliest contract law of human society was developed from customs, so itââ¬â¢s called as customary law. However, the continuous development of society, especially the development and change of social à imbalance, made the customs different in various regions and groups, which resulted in customs here and now being inconsistent with those there and then, thus leading to transaction disputes. This determined that the written law would gradually substitute the customary law. The Code of Hammurabi promulgated by ancient Babylonian Empire in the 18th century BC is the most ancient and most well-preserved written law discovered so far in the whole world, which has 282 articles in total, among which over 120 stipulates contract norms directly. The Twelve Tables and Corpus Juris Civilis promulgated by ancient Rome have more complete legal norms about contract, acting as the most complete and typical law reflecting the production and exchange of commodities among ancient laws and playing an important role in the legislation of capitalist countries in later ages. The French Civil Code in 1804 was based on Roman law. The civil laws in European countries, except Britain, mostly originated from Roman law and formed the so-called ââ¬Å"Roman Law Systemâ⬠. Along with the colonial expansion of these countries, the impact of Roman law was further extended to more regions of the world. After the Second World War, the contract law of early modern period was properly modified to become the modern contract law. 2. Development History of Chinaââ¬â¢s Contract Law The ancient laws in our country had some regulations about the contract. According to the records of Rites of Zhou, there appeared written contracts such as ââ¬Å"panshu (bamboo or wooden slips on which the texts of borrow and loan are written)â⬠, ââ¬Å"zhiji (sales contract)â⬠, ââ¬Å"fubie (borrow and loan contract)â⬠in Zhou Dynasty. ââ¬Å"Where any party asks for the government authority to deal with any dispute arising from debt borrow and loan, the case may only be accepted with the ââ¬Å"panshuâ⬠previously co ncluded presentâ⬠. ââ¬Å"Where any dispute arises from a borrow and loan contract, the official in charge of trying such dispute should make a judgment according to the articles specified in fubieâ⬠. ââ¬Å"Where any dispute arises from a sales contract, the official in charge of trying such dispute should make an award according to the articles specified in zhijiâ⬠. All these written contracts were main basis for government authorities to judge right and wrong and determine the debt liabilities. In the following dynasties of Qin, Han, Sui, Tang, Song, Yuan, Ming and Qing, laws had several regulations about contract and contract system. However, in ancient times, our country was always with the agricultural economy which was self-sufficient and self-supporting, and the commodity economy was not developed. As a result, the norms of contract law centering on trading rules was also not developed, with no specialized civil code. Even in the collection of various laws such as Tang Code and Great Qing Legal Code, articles pertaining to contract and contract system are also rarely seen. Since the founding of the Peopleââ¬â¢s Republic of China, the contract law of our country has achieved significant development. In the initial stage of new China, the Financial and Economic Committee of the Government Administration Council under Central Peopleââ¬â¢s Government promulgated the Interim Measures for Organs, State-owned Enterprises and Cooperative societies to Conclude Contracts or Agreements on September 27, 1950, and the Trade Department formulated the Decision Pertaining to Earnestly Concluding Contracts and Strictly Implementing Contracts as well as the norms relating to various specific contracts such as sales contract and contract labor agreement of capital construction in the same year, all of which ascertain the legal norms of contract system and contract in the new China. Needless to say, due to the impact of wrong course and wrong trend of thought, the legal nihilism was rampant and the contract system was once cancelled in late 50ââ¬â¢s. Especially in the period of the ââ¬Å"Great Cultural Revolutionâ⬠, all the contract systems, relevant laws and regulations were discarded. In the Third Plenary Session of the Eleventh Central Committee of the Party, the wrong policy of ââ¬Å"taking the class struggle as the outlineâ⬠was abandoned, the focus of work of the Party and the nation was shifted to developing economy, and the strategic decision of reform and opening up to the outside world was made in the session. All of these opened up a promising prospect for the development of contract leg islation. The Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law were successively approved by the Standing Committee of the National Peopleââ¬â¢s Congress on December 13, 1981, March 21, 1985 and June 23, 1987. It is especially worth mentioning that the General Principles of the Civil Law approved in the Fourth Session of the Sixth National Peopleââ¬â¢s Congress explicitly regulates the system of civil rights and the system of civil liabilities, playing a very important role in perfecting the system of contract laws in our country. Through more than a decadeââ¬â¢s legislation, our country has formed the legal system of contract laws which is guided by the General Principles of the Civil Law, backboned with Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law, and based on the contract norms in specialized laws such as Maritime Law, Civil Aviation Law and Copyright Law and a set of administ rative laws and regulations normalizing contracts. All these laws have greatly promoted the economic development and the establishment and development of socialist market economy in our country. However, along with the establishment and development of socialist market economy, this legal system gradually presented new defects. In order to adapt to the requirements of economic construction and development, itââ¬â¢s necessary to proceed from the actual situations of our country, summarize the experience of ten yearsââ¬â¢ contract legislation and borrow general international practices to formulate a uniform and relatively complete contract law. On October 1993, the Commission of Legislative Affairs of the Standing Committee of the National Peopleââ¬â¢s Congress embarked on drafting the contract law on the basis of the legislation program approved in the Eighth Standing Committee of the National Peopleââ¬â¢s Congress. According to the advice from all sources, the Standing Committee of the National Peopleââ¬â¢s Congress further modified the draft for many times to form the Contract Law of Peopleââ¬â¢s Republic of China (Draft) and submitted it to the Second Session of the Ninth National Peopleââ¬â¢s Congress for deliberation. Through serious and earnest deliberation by peopleââ¬â¢s representatives, this important law was finally approved on March 15, 1999, which is a glorious page in the legislation history of the Republic, marking that the legislation of our countryââ¬â¢s socialist market economy is ushering a new phase. 3. Development History of American Contract Law As a whole, the American laws are developed on the basis of inheriting British laws. Although American laws are influenced by British laws at different levels in different fields, the contract rules formed in the British common law and equity law have a significant impact on American contract law. Therefore, when investigating the historical evolution of American contract law, itââ¬â¢s necessary to review the early development history of British contract law. a. Lawsuit of Promise in Early Britain In the medieval period, British law had not formed the concept of contract. The earliest to emerge was the so-called lawsuit of promise, namely, when the promisor violated his/her promise, the promisee might file a lawsuit with the court to force the promisor to implement the promise. The principle pursued by common court when trying such lawsuit was: only making a promise cannot generate a right of action; under normal conditions, promise doesnââ¬â¢t have the effect of compulsory ex ecution, exceptional situations excluded. In contrast to the practice of common court as mentioned above, other courts showed more active attitude towards accepting the lawsuit of promise. First of all, ecclesiastical court regarded the promise with oath as an irreversible one according to canon law and rendered the implementation. Secondly, in the court of equity, the Chancellor decided that since one party suffered loss because of the other partyââ¬â¢ failure to perform his/her promise, such party shall obtain the compensation. However, till the 16th century AD, common court won the battle with the court of equity and ecclesiastical court striving for jurisdiction. In this process, the jurisdiction of common court was increasingly enlarged and the common law became the main part of British law. The opportunity for the contract law to develop through the judgments of ecclesiastical court and court of equity was always limited. From the 15th to the 16th century, along with the development of the relations of commodity production within the feudal society, to develop a kind of general basis for enforceable promise within the previous lawsuit procedures of common law was the urgent task to be resolved which was confronted by common court. At the beginning, common court just confirmed more exceptional situations under which the promise may be executed mandatorily. However, this didnââ¬â¢t change the basic principle that promise doesnââ¬â¢t have the effect of compulsory execution under normal conditions. Since the second half of the 12th century, common court started to confirm the enforceable effect of sealed covenant, which was a kind of written promise with a seal on. Some people considered, if common court could loosen its requirements about the form of this written document, such document may also be mandatorily executed even with no seal on. The existence of such covenant might become the general basis of the compulsory execution of promise, while till the 14th century, this possibility disappeared. Common court considered, the seal not only proved that one party had already made a promise, but also indicated that the promisor had seriously expressed that he/she would perform the promise for the promisee. Therefore, a covenant which was not sealed couldnââ¬â¢t be compulsorily executed. At the end of the 12th century, common court started to confirm the debt of a borrow and loan relation as the cause of action: In case one person borrowed an à amount of money from another person, the borrower should pay back the money to the lender. If not, the lender might file a lawsuit with the court to force the borrower to pay back money. Later on, common court further expanded the scope of lawsuit of debt repayment: Once a person granted a kind of material interest to another person, such person might lodge a lawsuit of debt r epayment against the latter one, no matter the interest provided was a valuable thing or personal service. However, the existence of such debt also didnââ¬â¢t become the general basis of the compulsory execution of promise for this debt was only confined to the interest which was already granted to others. If a promisee just accepted a promise from the promisor while obtained no actual interest from the promisor, he still couldnââ¬â¢t lodge a lawsuit of debt repayment. In the beginning of the 15th century, common court developed such a principle in its judgment: If someone made a promise of undertaking some kind of obligation to another one, and the promisee suffered damages in the process of the promisorââ¬â¢s performance of the obligation, the promisee might lodge a lawsuit to require the promisor to compensate. This is called the Action of Assumpsit for Misfeasance, whose basis was the theory of law of torts then already approved. In this kind of lawsuit, if the promisor didnââ¬â¢t perform the obligation it undertook, the promisee couldnââ¬â¢t obtain the remedy. In the second half of the 15th century, the judges of common court realized that, in order to win the battle for jurisdiction with other courts, the scope of lawsuit of commitment must be expanded. New legal precedent rule in this period was: If the promisor changed his status due to his dependence on the promise and the non-performance of the promisor made the promisee suffer damages, the promisee might also obtain the remedy. Till the 16th century, the previous scope of lawsuit of commitment was newly expanded, namely, when two persons made promises to each other and the promise of one party constituted the transaction object promised by the other person, even if no party of the two performed his obligation, the promise to be carried out shall have the effect of compulsory execution. The reason to adopt such rule was that, once the promise was made, the promisee has an expectation for the implementation of the promise, which should be protected, even if the promisee didnââ¬â¢t perform the corresponding obligation, nor suffered ââ¬Å"damagesâ⬠. Generally speaking, the 17th and the 18th centuries were the period during which British contract law slowly developed. b. Evolution of American Contract Law in Modern Society The American historian Henry Maine said in 1861 that, ââ¬Å"till now, the movement of this developing society has always been a movement from identity to contract.â⬠This sentence indicates the profound revolution undergone by western society from the feudal times of middle ages to the times of ââ¬Å"laissez-faire capitalismâ⬠: In the feudal society, human relation was determined by their identity; in the period of ââ¬Å"laissez-faire capitalismâ⬠, human relation was determined by the agreement reached between them. The whol e 19th century is regarded as the century of contract by western historians. The United States, just independent from the colonial domination of the Great Britain, entered in such a century soon after its establishment. In this period, main systems of British and American contract laws were both confirmed. With regard to the main body, American contract law remained consistent with British contract law. In this period, the consistency of American contract law with that of western countries was: The contract concluded by parties involved was generally considered as having the effect of compulsory execution. Once confirmed, such effect shall become absolute, and may not be changed by state will. In the second half of the 19th century, as the laissez-faire economy developed toward an extreme orientation, to safeguard individualââ¬â¢s right to freely conclude contracts had become the primary goal of laws. In the eyes of Americans at that time, ââ¬Å"in nature, justice is to safeguard lawful contractsâ⬠. The freedom of contract in the 19th century gave a full display of personal ââ¬Å"independent willâ⬠and made private economy taking the ââ¬Å"struggle for existenceâ⬠as the motive power obtain rapid development with no government restraint and intervention. However, in late 19th century and early 20th century, the defects caused by this unlimited freedom of contract had fully appeared. In this period, contract laws of western countries underwent a new round of modification. The result was, the previous social movement ââ¬Å"from identity to contractâ⬠started to turn to the social movement ââ¬Å"from contract to identityâ⬠. In the US, since this century, especially since the Rooseveltââ¬â¢s New Deal in the 30ââ¬â¢s, personal freedom of contract has received more and more restrictions. Today, the ââ¬Å"identityâ⬠is playing an important role in determining the relation of rights and obligations among people for the second time: Workers are protected by ââ¬Å"workers compensation lawâ⬠due to their identity, and the article of employment contract preventing the employer from undertaking the compensation liability for industrial accidents is no longer legally binding. Similarly, the lessee of rental agreement, the insurer of insurance contract and the demanders of various contracts of public service are all protected by certain laws due to their special identities. It can be seen from the aforementioned change that, in modern American contract law, to provide special legal protection for the vulnerable party of a transaction has already become a consistent policy. Another feature displayed by American contract law in the process of its modern development and evolution is that, the impact of traditional British common law and systems and principles of other laws is decreasing, which is fully reflected from the fact that the Uniform Commercial Code abandoned and modified the traditional system of British contract law. B. Textual Difference and its Reasons between Chinese and American Contract Law Systems Given the development history of contract and the difference between Chinese and American political systems, there are following features when comparing Chinese contract law with American contract law: First, the contract law in our country is a uniform contract law applicable to all regions of China, whether in capital Beijing or western provinces. Second, this contract law is drafted with a round axis structure. Basic principlesà are firstly stipulated, and then some specific contracts, such as sales contract, lease contract, etc. In this way, the basic principles are regarded as the axis, and many specific contracts are radiated to satisfy different transaction requirements. For example, the transport contract has the problem which cannot be covered by basic principles. This problem can be resolved by combining the axis and the excircle. American political system is different from Chinese political system, and the development history of American contract law is also different. In America, itââ¬â¢s impossible for the legislative body to approve a law with the two features as mentioned above. America has no uniform contract law, nor state contract law. The international contract laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and New York Arbitration Treaty are commonly used in all used in the whole United States. However, with regard to the contract among American individuals, no law is promulgated by the federation. Consequently, there is no federal legislation with a round axis structure in America. Basically, each state has its own contract law and is responsible for developing basic principles of such law. The contract law of one state is not only applicable to the court of the state, but also binding on the federal court sometimes. In other words, as long as the state contract law exists, the federal court shall apply it. Of course, when 50 different contract laws are adjusting the same legal fact, the court will be confronted with a problem, namely, how to achieve the consistency of application of law? Itââ¬â¢s also necessary to notice that American contract law is developed by the court rather than the legislative organ. You must be familiar with the concept of common law, which was formed in Britain and then introduced to America. The contract concept of the common law is formed th rough a long time. Their judges make the judgment and give opinions on the judgment. Now, in this connection, the greatest exception is the UCC. American UCC is a uniform law. In America, every state has its own laws, but these laws cannot cover all transactions. Some are involved with transaction of several properties, such as the transaction and lease of products and some are related to bank business, security trading, e-commerce, etc. However, the construction contract and real estate contract are adjusted by commercial law. Since different state laws may result in different court judgments, if the Congress can approve a law with the round axis structure, these problems will be soon resolved, because doing that can get all transactions under the adjustment of one law. C. Summary The development histories of Chinese and American contract law systems are different. Chinese culture has a long history and the contract law system was born very early. On the contrary, the US is a new country breaking away from the colonization. Although American economy is developing rapidly, its legal systems are mainly inherited from the Britain; especially the American contract law is significantly influenced by the contract rules formed in Britain common law and equity law. In short, China has a uniform contract law applicable to the whole nation, while America has no uniform contract code other than international contract laws. In addition, the difference of Chinese and American political systems leads to a great difference in the textural structures of Chinese and American contract law à systems: Chinese contract law system is based on basic principles which guides various specific contract law systems so as to form a complete set, while America has neither guidance of basic principles in the contract law nor uniform contract law applicable to the whole nation. All in all, the development history and political system of a country influence its legal system. III. Conclusion The economic globalization and political polarization are two trends of the world development. Since China has joined the WTO, how to coordinate our laws is the central issue in the field of law. Nowadays, the world has ushered in the era of knowledge economy and the advancement of science and technology is crucial to the economic development. However, the development of economy as well as the development, transfer and application of technology will inevitably require reforming the traditional contract law system. Some countries have already been reforming the current contract law systems quietly. The birth of Chinaââ¬â¢s new Contract Law is confronted with the era of knowledge economy rather than that of planned economy or the transitional period from planned economy to market economy. The development of science and technology in the era of knowledge economy is so vigorous that itââ¬â¢s probable that difficulties in application will soon emerge after the implementation of new contract law, or even some regulations are already outdated. This situation may be considered as normal because law is the superstructure, which is always behind the economic development. Therefore, any law has to be continuously reformed and perfected. Bibliography 1. http://legal-dictionary.thefreedictionary.com 2. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press 3. Ewan McKendrick, Contract Law ââ¬â Text, Cases and Materials (2005) Oxford University Press 4. P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press 5. Randy E. Barnett, Contracts (2003) Aspen Publishers 6. Scott Fruehwald, ââ¬Å"Reciprocal Altruism as the Basis for Contract,â⬠47 University of Louisville Law Review 489 (2009).
Tuesday, October 22, 2019
Weird Naked Mole Rat Facts (Heterocephalus glaber)
Weird Naked Mole Rat Facts (Heterocephalus glaber) Every species of animal has its unique traits. However, some of the characteristics of the naked mole rat (Heterocephalus glaber) are quirky bordering on downright weird. Some people think the rats unique physiology could be studied to unlock immortality or find a way to prevent cancer. Whether or not this is true remains to be seen, but one thing is certain. The mole rat is an unusual creature. Fast Facts: Naked Mole Rat Scientific Name: Heterocephalus glaberCommon Names: Naked mole rat, sand puppy, desert mole ratBasic Animal Group: MammalSize: 3-4 inchesWeight: 1.1-1.2 ouncesLifespan: 32 yearsDiet: HerbivoreHabitat: East Africa grasslandsPopulation: StableConservation Status: Least Concern Description The naked mole rat queen is larger than the other rats within a colony. Geoff Brightling / Getty Images Its easy to recognize the naked mole rat by its buck-teeth and wrinkled skin. The rats body is adapted for life underground. Its protruding teeth are used for digging and its lips seal behind its teeth, to prevent the animal from eating dirt while burrowing. While the rat isnt blind, its eyes are small, with poor visual acuity. The naked mole rats legs are short and thin, but the rat can move forward and backward with equal ease. The rats arent completely bald, but they have little hair and lack an insulating fat layer beneath the skin. The average rat is 8 to 10 cm (3 to 4 in) in length and weighs 30 to 35 g (1.1 to 1.2 oz). Females are larger and heavier than males. Diet The rodents are herbivores, feeding primarily on large tubers. One large tuber can sustain a colony for months or years. The rats eat the interior of the tuber, but leave enough for the plant to regenerate. Naked mole rats sometimes eat their own feces, although this may be a social behavior rather thanà a source of nutrition. Naked mole rats are preyed upon by snakes and raptors. The Only Cold-Blooded Mammal A naked mole rat would feel cool to the touch. Karen Tweedy-Holmes / Getty Images Human, cats, dogs, and even egg-laying platypuses are warm-blooded. As a rule, mammals are thermoregulators, able to maintain body temperature despite external conditions. The naked mole rat is the one exception to the rule. Naked mole rats are cold-blooded or thermoconformers. When a naked mole rat is too hot, it moves to a deeper, cooler part of its burrow. When its too cold, the rat either moves to a sun-warmed location or huddles with its pals. Adaptation to Oxygen Deprivation Humans cant live very long without air. Dimitri Otis / Getty Images Human brain cells start to die within 60 seconds without oxygen. Permanent brain damage typically sets in after three minutes. In contrast, naked mole rats can survive 18 minutes in an oxygen-free environment without suffering any harm. When deprived of oxygen, the rats metabolism slows and it uses anaerobic glycolysis of fructose to make lactic acid to supply its cells with energy. Naked mole rats can live in an atmosphere of 80 percent carbon dioxide and 20 percent oxygen. Humans would die from carbon dioxide poisoning under these conditions. Habitat and Distribution The rats are native to the dry grasslands of East Africa, where they live in colonies of 20 to 300 individuals. Reproduction and Social Behavior Naked mole rats and other mole rats form colonies, much like bees and ants. Kerstin Klaassen / Getty Images What do bees, ants, and mole rats have in common? All are eusocial animals. This means they live in colonies that have overlapping generations, division of labor, and cooperative brood care. As in insect colonies, naked mole rats have a caste system. A colony has one female (queen) and one to three males, while the rest of the rats are sterile workers. The queen and males begin breeding at one year of age. The hormones and ovaries of worker females are suppressed, so if the queen dies, one of them can take over for her. The queen and the males maintain a relationship for several years. Naked mole rat gestation is 70 days, producing a litter ranging from 3 to 29 pups. In the wild, naked mole rats breed once a year, providing the litter survives. In captivity, the rats produce a litter every 80 days. The queen nurses the pups for a month. After this, smaller workers feed the pups fecal pap until they are able to eat solid food. Larger workers help to maintain the nest, but also protect the colony from attacks. Unusual Aging Process Biologically, an old naked mole rat and a young one are virtually indistinguishable. R. Andrew Odum / Getty Images While mice may live up to 3 years, naked mole rats can live up to 32 years. The queen doesnt experience menopause, but remains fertile throughout her lifespan. While naked mole rat longevity is exceptional for a rodent, its unlikely the species holds the Fountain of Youth in its genetic code. Both naked mole rats and humans have DNA repair pathways not present in mice. Another reason mole rats may outlive mice is because of their lower metabolic rate. Naked mole rats are not immortal. They die from predation and illness. However, mole rat aging does not adhere to the Gompertz law describing agingà in mammals. Research into naked mole rat longevity may help scientists unravel the mystery of the aging process. Cancer and Pain Resistance Unlike the naked mole rat, naked mice and other rodents are susceptible to tumors. littlepeggy / Getty Images While naked mole rats can catch diseases and die, they are highly resistant (not entirely immune) to tumors. Scientists have proposed multiple mechanisms for the rats remarkable cancer resistance. The naked mole rat expresses the p16 gene that prevents cells from dividing once they come in contact with other cells, the rats contain extremely high-molecular-mass hyaluronan (HMW-HA) which may protect them, and their cells have ribosomes capable of making nearly error-free proteins. The only malignancies discovered in naked mole rats were in captive-born individuals, which lived in a much more oxygenated environment than rats in the wild. Naked mole rats neither itch nor feel pain. Their skin lacks a neurotransmitter called substance P that is needed to send pain signals to the brain. Scientists believe this might be an adaptation to living in poorly ventilated species, where high levels of carbon dioxide cause acid to build up in tissues. Further, the rats dont feel temperature-related discomfort. The lack of sensitivity may be in response to the naked mole rats extreme habitat. Conservation Status The IUCN classifies the naked mole rat conservation status as least concern. Naked moleà rats are numerous within their range and are not considered to be endangered. Sources Daly, T. Joseph M.; Williams, Laura A.; Buffenstein, Rochelle. Catecholaminergic innervation of interscapular brown adipose tissue in the naked mole-rat (Heterocephalus glaber). Journal of Anatomy. 190 (3): 321ââ¬â326, April 1997.Maree, S. and C. Faulkes. . IUCN Red List of Threatened SpeciesHeterocephalus glaber. Version 2008. International Union for Conservation of Nature, 2008.ORiain, M. Justin; Faulkes, Chris G. African mole rats: eusociality, relatedness and ecological constraints. In Korb, Judith; Heinze, Jà ¶rgen. Ecology of Social Evolution. Springer. pp. 207ââ¬â223, 2008.Park, Thomas J.; Lu, Ying; Jà ¼ttner, Renà ©; St. J. Smith, Ewan; Hu, Jing; Brand, Antje; Wetzel, Christiane; Milenkovic, Nevena; Erdmann, Bettina; Heppenstall, Paul A.; Laurito, Charles E.; Wilson, Steven P.; Lewin, Gary R. Selective Inflammatory Pain Insensitivity in the African Naked Mole-Rat (. PLoS Biology. 6 (1): e13, 2008.Heterocephalus glaber)Thomas J. Park; et al. Fructose-driven glycolys is supports anoxia resistance in the naked mole-rat. Science. 356 (6335): 307ââ¬â311. April 21, 2017.
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