Declaratory Theory Free Essays

string(57) allude to any current case law, or any legitimate principle. â€Å"Declaratory hypothesis is propounded on the conviction that judges’ choices never make law, rather they just comprise proof of what the law is. Be that as it may, this view is not, at this point acknowledged. There are three explanations behind the diligence of the decisive hypothesis. We will compose a custom article test on Explanatory Theory or on the other hand any comparative subject just for you Request Now In any case, it advanced in the partition of forces. Furthermore, it hid the way that judge-made law is review in its impact lastly, when the adjudicators stood up to with another, surprising, or distinctive point, they will in general present as though the appropriate response is given by the custom-based law. One of the most broadly acknowledged standards of the English lawful framework is what is known as the ‘declaratory theory’ of legal dynamic. This guideline expresses that when judges are required to decide, they don't make or change the law, they just ‘declare’ it. That is, an appointed authority says what the person sees the law as; no ‘new’ law is ever made by judges. New law originates from Parliament. For instance, the Criminal Justice Bill that is right now experiencing Parliament will roll out genuinely extreme improvements to the criminal law. It will remove the sweeping resistance that right now exists from being arraigned twice for a similar offense. Nobody is recommending that this Bill pronounces the law: the old ‘double-jeopardy’ rule has existed for quite a long time. At the point when the Bill is ordered, the law will just change. This article endeavors to appear, first, that the revelatory hypothesis itself depends on shaky suspicions of truth. Second, it shows that the hypothesis now and again prompts peculiar ends, which must be kept away from by the most stressed thinking. At long last, it looks at why the hypothesis orders so much veneration, when most scholastics and numerous appointed authorities trust it to be lethally imperfect. Why the definitive hypothesis is verifiably weak The old style article of the decisive hypothesis is that of Lord Esher in Willis v Baddeley (1892): There is, indeed, nothing of the sort as judge-made law, for the adjudicators don't make the law, however they regularly need to apply existing law to conditions with regards to which it has not recently been legitimately set out that such law is material. That judges seem to make and change law is irrefutable; cases like Donaghue v Stevenson, Hedley Byrne v Heller, and Wednesbury speak to huge improvements in the law. In Lord Esher’s see, the appointed authorities in these cases would essentially be applying existing standards to new certainty circumstances. However, where do these current standards originate from? Some of them, presumably, originate from past case law. At the point when an appointed authority is approached to choose a case, regularly a choice can be made by taking a gander at past cases whose realities are like those at issue, and thinking from them. Regularly there will be past cases that are authoritative on a specific court, and these will direct the result. Be that as it may, except if we are to acknowledge a limitless relapse of case law, back to the very day break of time, there must be previously at which an issue was first chosen. The sentimental view is that the most punctual legal choices were made by the ‘wandering justices’ of the thirteenth century, who ventured to every part of the land at the King’s command, applying and bringing together the current tradition that must be adhered to. The down to earth see is that the English precedent-based law results from an endeavor by the Norman French respectability to apply its gauges of law in a vanquished nation, while giving a deception of progression. Regardless of whether the lawful improvements of the medieval period followed from a procedure of affirming built up legitimate custom, or from the burden of an outside law, neither speak to a response to the inquiry where the central standards originate from. There are extremely just two prospects: possibly they were, sooner or later, made by the adjudicators, or they depended on existing ‘universal truths’ that were undeniable to the appointed authorities. The revelatory hypothesis revokes the idea that the appointed authorities ‘made things up’, so the main option is that they depended on general facts. The idea that law depends on central, plainly obvious standards of morals is regularly called ‘natural law’ statute. To be reasonable, the possibility of ‘natural law’ has had somewhat of a recovery over the most recent fifty years or thereabouts, in the wake of being undesirable since the eighteenth century. The possibility that the decisive hypothesis can be followed back to characteristic law in this manner doesn't pull in a similar distrust today as it would have in the nineteenth century. The issue with normal law is that regardless of whether one is set up to acknowledge its essential precept, that there in fact are plainly obvious standards of morals, it is in no way, shape or form evident that each circumstance that requires a legal choice is one in which such basics are at issue. Consider, for instance, the notable instance of Entores v Miles Far East Corp (1955). This concerned the arrangement of an agreement by message machine, in the beginning of this innovation. Beforehand most conventional business exchanges would have been done by post; the ‘postal rule’ was †and still is †that on the off chance that individual A proposals to contract with individual B, at that point the agreement is shaped when B’s letter of acknowledgment is presented on A. This is the situation regardless of whether B’s acknowledgment never at any point arrives at A. While thinking about the utilization of message, the court needed to choose whether a similar guideline could be applied to wire as to post, that is, regardless of whether a telexed acknowledgment was viable on sending, or on receipt. The main judgment in Entores was given by Denning LJ. In his judgment he doesn't allude to any current case law, or any legitimate rule. You read Definitive Theory in class Papers Instead, he says that it is essentially sensible and evident that a wire must be gotten to be successful. On the off chance that the revelatory hypothesis is right, at that point Denning’s judgment can't be making law: it must pronounce what the law is. However, since he doesn't allude to any current law, it must, probably, be gotten from all inclusive standards. Presently, an advocate of characteristic law may trust it is undeniable that, for instance, murder and assault aren't right. In any case, it goes out on a limb a genuine to accept that there are standards of normal law in question in choosing when a telexed agreement is shaped. The truth, obviously, is that when Entores was heard, nobody truly needed to see the ‘postal rule’ stretched out to another innovation. Denning’s judgment is a completely down to business one. It doesn't require any higher standards to be thought of. In synopsis, the definitive hypothesis is predicated totally on acknowledgment of a characteristic law perspective on law, for central standards of morals, yet for everything. This, I propose, is simply a lot to swallow. Why the revelatory hypothesis produces peculiar outcomes Law understudies by and large think about the ‘retrospectivity of the decisive theory’; yet it doesn’t appear to be surely known this is certainly not a doctrinal issue, or something that can be contended in any case, it is an unavoidable finish of the explanatory hypothesis. On the off chance that a legal choice can't make new law, at that point when the adjudicator proclaims the law, as an issue of plain rationale he is announcing what the law consistently was. In the Entores model talked about over, this doesn't make an issue. It built up that the utilization of wire had certain lawful results, yet since message was just barely coming into utilization when this choice was made, the way that Denning was pronouncing what the law was is of no outcome. It is absolutely a matter of scholarly conversation whether the ‘postal rule’ would have applied to wire in, state, the fifteenth century. It is, most likely, of not reasonable result. Maybe the main event on which the full ramifications of the decisive hypothesis must be stood up to unequivocally by a court was on account of Kleinwort Benson v Leicester CC. Here, the House of masters needed to lead on what ought to have been, for a court of this standing, a normal issue. The inquiry at issue was whether cash was recoverable in a compensation activity, in the event that it was paid starting with one gathering then onto the next in a mixed up comprehension of law. It had consistently been the situation that cash paid under of a misconception of reality was recoverable. It was broadly accepted that the powerlessness to recover cash paid under a mix-up of law was low, and incongruent with other lawful standards and different wards. The two gatherings to the case, and every one of the five of the law rulers, were in concession to this point: it should be conceivable to recuperate cash paid under a mix-up of law. The contradiction was on whether the choice that it was recoverable ought to apply just to new cases, or to past cases. Kleinwort Benson, a bank, had just paid its cash to the respondent neighborhood authority. It in this way contended the choice ought to work reflectively, so it could recover its cash. The Local Authority, then again, contended that the choice ought not have review impact. The issue was that if the issue were ruled for the inquirer bank, it must have review impact. This is an immediate result of the decisive hypothesis. All things considered, if the law at time T1 was X, and it is later changed at time T2 by legal ‘declaration’ to Y, at that point the impact of that presentation is to regard that the law at T1 was Y also. Obviously, nobody at time T1 knew this, thus a choice made on the premise that the law was X, not Y, was fundamentally mixed up. You might be asking why this would have such emotional results. All things considered, a possibly enormous number of organizations could out of nowhere find that the they had grou

The Emerging Culinary Trend - Gluten-free Essay -- Nutrition

Wheat is one of the number ones wellsprings of fiber in the American eating regimen. As indicated by gluten.net (GIG) gluten is a capacity protein that is found in all grains. The insusceptible framework reaction to this protein is called Gluten Sensitive Enteropathy or Celiac Disease. Individuals with this affectability must hold fast to a sans gluten diet and should stay away from wheat, rye and grain items. This paper will analyze without gluten items and address the supposition this rising pattern tastes in the same class as some other food with gluten in them. Gluten is a protein that is found in wheat, oats, rye and grain. What the vast majority don’t know is that wheat is likewise utilized in items from tomato soup to lip shine to try and cleanser. Most meds, workmanship supplies and furthermore in the collection of Christ at Holy Communion. (Alicea, 2008). Except if things are affirmed to be without gluten those with Celiac Disease can't expend them. (Alicea, 2008) Celiac Disease is an immune system reaction to gluten. (Alicea, 2008) In an article written in Long-Term Living: For the Continuing Care Professional. The article states, â€Å" An individual {with Celiac Disease} invulnerable system’s considers the to be protein as a poison and delivers antibodies that harm the little intestine’s capacity to assimilate supplements, which can prompt weight reduction and nutrient and mineral insufficiencies. Celiac infection is one of the most under-analyzed sicknesses among the American populace; numerous specialists mistake the side effects for that of touchy inside condition. (Alicea, 2008) Celiac Disease influences everybody in an unexpected way; babies, little children, grown-ups and senior resident are all in danger of creating Celiac Disease. In newborn children the indications have far most noticeably awful impacts and even lethal outcomes than those in more established endures whenever left untreated. Children with Cel... ...essed starch from your day by day admission. This doesn’t remain constant for all sans gluten items as they have a similar sugar level as their partners; so in light of the fact that it says sans gluten doesn’t imply that they are sound in overabundance. Everything is solid with some restraint. References Alicea, Ronni. Gluten-Free Diets: Are You Prepared?. Long-Term Living: For The Continuing Care Professional 57.12 (2008): 22-24. Scholastic Search Complete Web. 9 Nov. 2011. Coffey, Lynette. Wheatless Cooking: including without gluten and sans sugar Recipes. Berkeley, CA: Ten Speed, 1985. Print. Much of the time Asked Questions. Gluten Intolerance | Gluten Intolerance Group. Web. 10 Nov. 2011. . Walsh, William E. Gluten Intolerance. Food Allergies: the Complete Guide to Understanding and Relieving Your Food Allergies. New York: Wiley, 2000. 216-24. Print.

Differences Between Panic Disorder and OCD

Differences Between Panic Disorder and OCD Panic Disorder Related Conditions Print Differences Between Panic Disorder and OCD Theyre separate types of disorders By Katharina Star, PhD facebook linkedin Katharina Star, PhD, is an expert on anxiety and panic disorder. Dr. Star is a professional counselor, and she is trained in creative art therapies and mindfulness. Learn about our editorial policy Katharina Star, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 14, 2020 Getty Images/Caiaimage/Paul Bradbury More in Panic Disorder Related Conditions Symptoms Diagnosis Treatment Coping Its not uncommon for a person to be diagnosed with both panic disorder and obsessive-compulsive disorder (OCD), which are each marked by excessive worry and fear.?? However, OCD is a distinct disorder with its own set of criteria, symptoms, and treatment. What Is OCD? As the name implies, OCD is characterized by obsessions in thinking and compulsions in behavior. The DSM-5 describes obsessions as relentless and invasive thoughts, urges, or images that are unsettling and disturbing. Someone with OCD will try to disregard them altogether or counteract them with different thoughts or behaviorsâ€"a strategy that can cause them to come back even more.   Compulsions are identified as repetitive behaviors or mental acts that someone feels obligated to do in order to prevent a feared incident or circumstance from occurring.?? These physical or mental actions are either extreme or not logically connected to what they are meant to avoid. A person with OCD may have a fear that germs will cause them to become sick and die (obsession) if they dont repeatedly wash their hands throughout the day (compulsion). A person with OCD will often remain preoccupied with these obsessions and compulsions, spending a large amount of time thinking about the obsessions and acting out the compulsions to the point that their social- and work-related activities are negatively affected. Obsessive Compulsive Disorder Overview Disorders That Co-Exist With OCD Its very common for people with OCD to also be diagnosed with another disorder (known as comorbid disorders).?? According to a large-scale community study published in the journal Molecular Psychiatry, 90 percent of the adults who reported OCD at some point in their lives also had at least one other comorbid condition, including anxiety disorders like panic disorder. Panic disorder is classified as an anxiety disorder in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), the manual mental health professionals use to guide them as they make a diagnosis. Panic disorder principally causes symptoms that include recurring panic attacks. These attacks are often described as intense fear accompanied by trembling, difficulty breathing, and sweating. Out of fear of experiencing another attack, many panic disorder sufferers will avoid certain situations and events. This fear and avoidance can lead to agoraphobia, a fear of places or situations that feel vulnerable, unsafe, or difficult to escape from. OCD Recurring obsessions and compulsions Extensive rituals to reduce anxiety caused by obsessions Panic Disorder Recurring panic attacks Avoidance out of fear of having another attack Treatment and How to Cope There are effective treatment options and coping techniques for alleviating the symptoms of OCD and panic disorder, and they frequently overlap. For instance, both disorders are commonly treated with a class of antidepressants called selective serotonin reuptake inhibitors, which target a neurotransmitter called serotonin that helps decrease anxiety.?? Likewise, cognitive behavioral therapy, a form of psychotherapy that helps change a person’s faulty or negative thinking and assists in shifting unhealthy behaviors, is a recognized treatment for OCD and panic disorder. A trained mental health professional can diagnose and provide appropriate treatment for both conditions. The 9 Best Online Therapy Programs

Literary Analysis of Annabel Lee by Edgar Allan Poe Essay

Analyzing of Annabel Lee by Edgar Allan Poe Edgar Allan Poe in this poem â€Å"Annabel Lee† written in 1849, and first published shortly after his death in Sartain’s Union Magazine, is a story of true love and great loss where a man loves a woman so deeply and is devastated when she dies but holds on to that love even after death. No one really knows whom exactly Poe wrote this poem about, whether or not it was actually inspired by someone he truly loved due to his death right after he wrote it. There are many candidates that people believe it could have been, one of the more suspected would be Poe’s wife Virginia Eliza Clemm Poe. Annabel Lee is set in a kingdom by the sea as the poem reads. The tone of the poem can be described as very dark,†¦show more content†¦Furthermore, Poe shows that he longs for the reader to be with Annabel, because she was adored and loved by all. This diction gives the poem a romantic feel, which is outside of its gloomy morbi d tone, showing his true love for his deceased. This shows that Poe wants the reader to feel a different side of the poem, most of the tone of the poem is dark and extremely morbid, but by saying this he adds a bit of relief to the readers, showing them that it’s not all bad. The most dramatic illustration of this poem is when Poe uses the lines in the poem that suggest imagery such as â€Å"For the moon never beams, without bringing me dreams of the beautiful Annabel Lee† â€Å"and the starts never rise, but I feel the bright eyes† This imagery shows the reader what Annabel Lee was like, it glamorizes her showing the reader that she was an incredibly amazing and beautiful person. The diction in Annabel Lee cannot be any more applauding; by doing this he sets the tone for the whole poem, which makes the poem so wonderful in the first place. Not only does Edgar Allan Poe use tone to a way to show the theme of the poem, but he also uses it to express the mood of Annabel Lee. For example, in the line â€Å"That the wind come outShow MoreRelatedLiterary Devices Used By Edgar Allan Poe986 Words   |  4 Pagespoet that uses such intricate writing in his poems is Edgar Allan Poe. Edgar Allan Poe uses several different literary devices in his major 1849 poem Annabel Lee. In his text he incorporates theme with imagery, symbolism, and form. These literary devices help lead the audience to the understanding of the overall meaning of the poem. Edgar Allan Poe s use of symbolism allows for the audience to understand how this gentleman feels about Annabel Lee. In the poem, the author uses symbolism when the narratorRead More An Analysis of Edgar Allan Poes Annabel Lee Essay1524 Words   |  7 PagesAn Analysis  of  Edgar Allan Poes Annabel Lee In life, as in death, Edgar Allan Poe evoked a feeling of sympathy from his readership.   Those who knew him well considered him deep, mysterious and contemplative; thus, coupled with the copious tragedies he suffered throughout his life, especially the loss of his first wife Virginia, it is easy to understand how the author brings out the theme of Annabel Lee through personal/setting imagery, repetition of words and rhythm/rhyme.   AnnabelRead MoreWhy Should We Care?1748 Words   |  7 PagesWe Care?: Edgar Allan Poe â€Å"Few creatures of the night have captured [reader’s] imagination[s] like [Edgar Allan Poe]† (â€Å"Vampires†). Poe has fascinated the literary world since he first became known for writing in 1829, when he was just twenty years old (Chronology†). While he is widely known for exploring the macabre, his work is controversial because of its psychologically disturbing nature. Edgar Allan Poe is worth examining as an author because his many contributions to the literary world wereRead MoreEdgar Allan Poe s The Raven2600 Words   |  11 Pagesthroughout their lives and are never recognized for their achievements in their community. Edgar Allan Poe is one of the world s most renowned poets and wrote mainly in the form of poets and short stories. Some of Poe s most renown poems include The Raven, Annabel Lee. The poem The Raven deals with problems such as insanity and grief and the poem Annabel Lee deals with problems of grief and young love. Edgar Allan Poe wrote a lot about death and depression due to his own life being filled with death andRead MoreAnalysis Of Edgar Allan Poe s The Raven 1514 Words   |  7 PagesEdgar Allan Poe is a very well known writer who specifically liked to write poetry and short stories whose genres included mystery and horror. He’s well known for some of his most popular works such as The Raven, The Tell-Tale Heart, and Annabel Lee. Edgar Allan Poe has written many different pieces of literary work that make him unique from the rest. His literary works evoke deep thoughts and imagery. Poe was born in Boston, Massachusetts but mostly lived in Richmond, Virginia. Poe wrote his firstRead MoreThe Works Of A Depressed Man Essay1830 Words   |  8 PagesPoe: The Works of a Depressed Man In this paper, will analyze the works of the great poet Edgar Allen Poe. My focus of this analysis will be his theme and how it related to his life. The poems I will be analyzing are Annabel Lee, The Raven, and Spirts of the dead to show the themes of Poe’s works. My analysis will show how Poe used the tragic events of his life as well as a few of the good things that happened to ultimately inspire themes of death, depression, and despair as well as some other minorRead MoreDisputes Over the Mystery Woman in Poes Annabel Lee871 Words   |  3 Pages Upon Edgar Allan Poes death, several women have enthusiastically come forward to claim themselves as Poes inspiration for his last full length poem, Annabel Lee. Adding more fuel to the fire, several literary critics question the originality of Annabel Lee due to its similar structure and or theme to several other poems, suggesting that Annabel Lee interprets more figuratively rather than literally. Because of the mysterious inspiration behind the words of Poes Annabel Lee, contextRead MoreLife of Edgar Allen Poe from Immigration to Poet1035 Words   |  5 Pages Edgar Allan Poe was alive during the period of the 1800s though the 1850s. During this period of time there was a mass movement of European Immigration to the United States (Educating About Immigration). On the Statue of Liberty, which is located in The New York Harbor which many immigrants had to pass through, the words â€Å"Give me your tired, your poor, your huddled masses yearning to breathe free†¦Ã¢â‚¬  this quotation gave immigrants hope while entering the new land (Educating About Immigration). ImmigrantsRead MoreEdgar Allan Poe s Life1308 Words   |  6 PagesPoe was born on January 19, 1809. Poe was born into a family that was high respected and very public, so Poe was destined to have a public career (Dameron and Jacobs). When Poe was two, his parents died (â€Å"Edgar Allan Poe†) and his remaining family was split up into three different foster parents/homes. His oldest brother, William, lived with Poe’s grandfather from his father’s side of the family. Poe’s youngest sibling, Rosalie, lived with William Mackenzie. Poe went with John Allan whose wife wasRead MoreEdgar Allan Poe and Love 1059 Words   |  5 Pages Edger Allan Poe is one of the most influential authors of his time. Well known for his short storys The Raven and A Tell-Tale Heart, Poe also wrote poems that reflected his struggles through out his life. Poe was born in 1809, Thomas Jefferson was president. Lots of events occurred during Poe’s life with the beginning of the war of 1812, to the writing of â€Å"Frankenstein† by Mary Shelley, and â€Å"The Vampyre† written by John Polidori. Slavery was banned in England in 1833 and a year later, The Spanish

Architecture Computers - Free Essay Example

Sample details Pages: 27 Words: 7971 Downloads: 10 Date added: 2017/06/26 Category Statistics Essay Did you like this example? Introduction Outline Intentions The intention of my research is to investigate the role computers play as a visualization and representational tool in the architectural design process. The thesis proposes to ascertain an appropriate understanding of our experience of the emergent digital realms.This involves investigating the need to visualize a building before it is created in practice and the degree to which CAD programs are used as a design tool as a means of testing and evaluating architectural processes. As part of examining the benefits computers has in the field of architecture I assessed the degree to which they have distanced the practitioners in architecture from hand drawings and physical model making and how virtual architecture could be detrimental to the disciplinary field Involving the emergence of paper architecture showing theoretical proposals using visualizations. Don’t waste time! Our writers will create an original "Architecture Computers" essay for you Create order Many architects believe that the traditional hand renderings and conceptual sketches have now become a lost art to the cost of architectural design. The research examines how these digital technologies help architects to design and how visualizations act as a way of communication between client and designer. This involves researching into architectural graphics as a marketing tool and looking into the future of computational methods as a visual and development tool for building design. The question will therefore be proposed of whether architects and designers have maintained the hands on approach associated with the discipline, or whether this has been abandoned in favor of computer graphics as a visual tool. Are computers taking away from the traditional methods and if so what are their advantages to the discipline? Methodology To assess the degree to which CAD software helps architectural design firms, I looked at two firms which rely heavily on CAD software as a design tool and one firm, which not only believe in a traditional approach, but use predominantly models and hand drawings for conceptual stages. This involved assessing critics views, personal judgment and analyzing the pathways they took in relation to initial brief and concepts to construction stages. The three case studies selected are intended to show the varied use of computing software and its adaption to various styles of office organization and philosophies. A description of the three firms working methods is analyzed and comparisons drawn against these case studies focusing on the diverse working methods. The study then formed the basis of a conclusion in which a summary of the results is documented. Chapter 1:   Literature Review of Current Computation Trends What should be the exact scope of the computer involvement within the architectural discourse? This question has been present since the beginning of the use of computer aided architecture software. It is notable that many of the designs we see in todays architectural world could not have been achieved without use of computer visualizations and extensive 3D graphics, However the question of how much should computation techniques be used is always present. Will the age old two dimensional flattened image give way to the intelligent three dimensional digital models as a way of communication? As apparently simple as this question might be, the answers are considerably more complex. An architect throughout the ages has communicated via a pen or pencil and a piece of paper. They have quick ability to identify their projects functioning and particularities with a simple doodle.   This method of working has not changed.   However according to Vesselin Gueorguiev (2008, p.6) the architectural and design visualization industry is predicted to grow by 23% over the next 7 years'[2].   A new generation of structures and concepts is being created that recognizes the computer not only as a drafting and rendering tool, but also as a potentially powerful tool in the generation of designs themselves; in other words an intelligent drafting machine.   With the use of 3D modeling, renderings and visualizations, an architect has an excellent opportunity to play with your imaginations or thoughts, enabling the creation of pieces of architecture that could never have been rationalized with the use of pen and paper technique alone.   An increasing number of digital designs are now being published and praised by critics as meaningful and influential to the architectural field.   This emergence of paper and theoretical architecture is rapidly expanding with many architects adopting a research approach to practice, led dominantly by computers as a means of experimenting in forms, aesthetics and expressing the investigations achieved.   Helen Castle for instance describes how cities shapes might be grown in digital laboratories in order to aid evolved urban design (2009, p.4)'[3].   Evidence of this is shown in Figure 1 showing a digitally produced master-plan for a carbon-neutral resort and residential development on Zira Island in the Caspian Sea.   For a long time architecture was thought of as a solid reality and entity: buildings, objects, matter, place and a set of geometric relationships.   But recently, architects have begun to understand their products as liquid, animating their bodies, hyper-surfacing their walls, crossbreeding different locations, experimenting with new geometries.   And this is only the beginning (2005, p.22)[4]. It is undoubtedly evident that advanced rendering and 3D systems can help to envisage of what architecture might be, however the computer is not a human being and should not be treated as such.   Ultimately it is the architect who is controlling the ideas, programming and concepts and the computer merely facilitates instructions. Therefore the computer is just a way of copying, simulating or replacing manual methods of design, simply a tool to replace the pencil.   Kosta Terzidis concurs with the argument stating that unlike humans, computers are not aware of their environment (2006, p.37)[5].   In this computer age, architects are constantly striving to generate and introduce a new way of thinking about design.   The problem is that often neither the designer is aware of the possibilities that conceptual schemes can produce nor the software packages are able to predict the moves or personality of individual designers.   The result therefore is that the computer is used more as a medium of expression rather than a structural foundation for architectural experimentation.   Has the emergence of digital realms as a result of computer formulated design led to architecture being produced as a mass media image rather than a piece of beautifully crafted, functional and creative architecture? Architects such as Beatriz Colomina took the subject of media of architecture as an exhibition piece from the 1920s to the 1950s, therefore this fanciful image of architecture was not just brought to light by the digital age.   This notion of extremely visual 3D architecture has however been condemned by many critics, with many believing that the actual computer image is surpassing the reality of the building itself.   Branko Kolarevic points out the problem that; There seems to be a sense among the generation of school leavers that because they have mastered a software they are sufficient as architects, and they almost immediately seem to be leaving to set up their own practice, which usually turns into a graphics company for websites (2005, p.70).[6] The notion of using computers more as a marketing tool is very prominent in todays culture.   This is especially important in times of economic recession where every niche a practice has will be exploited to offer a more attractive service to the client.   Images sell buildings.   As a result, many architecture graduates are employed solely to use their skills of computer renderings rather than their knowledge of design; in effect turning into CAD monkeys and simply key based operators rather than architects.   The perception that computer graphics is enhancing buildings is viewed as a myth by many.   As [8] to simply draft the drawings required and preparing a project for construction and tender documentation.    For many designers, the computer is just an advanced tool running programs that enable them to produce sophisticated forms and to better control the realization of a design.   Critic Kosta Terzidis states that, whatever capabilities a computer may have it lacks any level of criticality and its visual effects are nothing but mindless connections to be interrupted by a human designer (2006, p.48).[9]   I agree with this point as to fully determine a solution; an architect should be intrinsically linked with their proposal via physical models, sketches and general hands on approaches.   A computer does not have the ability to reflect and respond to an environment set by the user; in other words the computer output is simply a response to the designers input.   Due to the nature of complexity in many 3D programs, architects can become lost in their designs with a loss of control over the fundamental solution to the problem.   Balakrishnan Chandrasekaran from Ohio State University states the very vagueness and ambiguity of sketches plays an important role in the early stages of design (2007, p.65),[10] see figure 2, which explains with the use of color to highlight the dominant architectural elements. It is vitally important that we do not loose this affinity with sketching that our architectural discourse has been built on.   In this digital age the benefits computers can bring to the design process is profound however, we must not let computers control architecture.   Let humans control architecture and allow a combination of sketches, CAD or virtual models and computation control our future worlds.  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   However the terms, concepts and processes that seem inconceivable, unpredictable and impossible by a designer can be explored, implemented and tested into new design strategies and solutions within the digital world.   This experimentation has given rise to new design processes and concepts such as genetic algorithms, parametric design and isomorphic surfaces.   Branko Kolarevic (2005) makes the argument that; Digitally driven processes, characterized by dynamic open-ended and unpredictable but consistent transformations of three dimensional structures, are giving rise to new architectonic possibilities (2005, p. 2).[11] CAD programs assist in helping an idea to be physically realizable creating a new dynamic solution.   Computers simply assist in reinforcing our creativity and making us capable of doing things, which would be considered impossible by traditional means.   This rise of algorithmic design as a result of digital design may be particularly beneficial to that of urban master planning for the future of our cities.   Michael Batty for example talks about algorithms stating: This new species has mutated the way man perceives architecture and his place within it.   It has allowed a different thought process to be applied to how we exist in this world, and how we build up the world around us, and how the world builds itself (2009, p. 47).[12] From this quote it can be said that 3D visual programs can help us understand and analyze our cities and enable the designers to navigate them in new ways and pave a better way for the future.   However this notion of a digital city is merely conceptual at this point with Planners being unaware of the possibilities of new interventions derived from 3D analysis.   Therefore the spatial development of a digital city at this point in time is still untried, considered unresolved and unaware if the digital mutations emerging from our computers actually work functionally. In conclusion this chapter has emphasized that;all that is digital need not be a Trojan horse of marketisation and all theoreticians and designers that have embraced computer based design and manufacturing need not be neo-capitalistic zealots; Anthony Vidler (2008, p.111).[13] The emergence of computer simulation programs can open up new possibilities of design and push architectural skills in a direction previously not possible via pen and paper.   It is enlightening to know that new CAD programs have implemented change in the design discourse in terms of freedom of experimentation.   The seemingly impossible is now very much realizable thanks to the computer.   However the worry by many critics is that architecture becomes more about novelty as a result.   It has become apparent that the image produced on screen can often be misleading and act as a misrepresentation of the actual materiality. To summarize Digital technologies act as almost organic rather than prosthetic and provide an extension to the hands of the maker, freeing up time for other important work to be done.   Problem solving is an action which we perceive in multiple modalities and so various methods should be encouraged to benefit the future of architecture.   However when and to what degree we should use CAD as a form developer, visual agent and general helper to the design process? The next chapters will use case studies to examine how three well known architect firms use CAD in their practices.   It will highlight the various positions and attitude towards the use of CAD software and determine the stages at which computer visualization software is used in the design process as a development tool. Chapter 2:   Caruso St. John Architects:   The attraction of tradition Since their inception in 1990 established by Adam Caruso and Peter St John, Caruso St. John architects have strove to maintain traditional qualities of architecture such as ornament and decoration, texture and color.   Caruso and St. John have learned from figures like the Smithson, Robert Venturi and Adolf Loos that architecture is good when it is enmeshed in the patterns of everyday reality and not virtual reality.   Over the last 20 years, the partnership has very much avoided the high tech, shiny newness associated with the modern world of architecture.   The trend of globalization and constant expansion is a route which this firm has not taken.   This non-heroic stance has involved rejecting new methods of technology engaging solely on the past as a generator for the future of the city.   As David Leatherbarrow states, originality is only genuine when it is unsought (2009)[14].   This rationality and belief in the architects hand, callin g upon memory and feelings is what makes Caruso St Johns work remarkable in a modern way.   It should become apparent in the following case study that computer digital aids can be used sparingly and effectively to produce emotional, human led architecture. It is unrealistic and utterly frivolous to reject computer aided software completely and Caruso St John is no exception to this.   It is however more about the way in which they embrace the computer as an architectural design tool and at precise working stages that is of particular interest.   The computer does not rule their practice, rather the architect controls the decisions via skills intrinsically and traditionally linked with the architect.   Adam Caruso in a conversation with Paul Vermeulen states, Foreign Office Architects say that new overlaid programmes and, more bizarrely, new ways of working with computers will allow you to have new spatial urban possibilities, and that architecture, rather than being resistant to the forces of global capitalism, should respond, should represent it.   I still believe that architecture should be resistant (2002, p. 88).[15] It is clear that Caruso St John follow a framework of refraining from the extensive use of technology in a rhetorical way.   In their approach to a project, the firm use a lot of large models to visualize the projects internally, however they tend not to do many presentation drawings using CAD renderings.   Rather they take photos of models (evident in Figure 3), use sketches and perform verbal presentations with their clients.   They avoid at all costs the shiny visualizations associated with computer visual programs. Even with the negative feelings towards computer led architecture, the firm use CAD software quite early as a design tool and as Adam Caruso in an Architects Journal article states, we dont think it changes the form of our architecture.   Our production drawings are much like what they were when we were hand drawing (2006).[16]   Inevitably the partnership still use the hand as a design tool in which the architect creates spaces to which they are emotionally linked, while a tangible connection is made in relation to the computer at the appropriate stage of the design. Rowan Moore an architectural critic states the point that where other architects give primacy to technology, or the image of modernity or abstract form making, the consistency of Caruso St Johns work is in the attitudes behind it (2002).[17]   Caruso St John has no predetermined attitudes towards modern or traditional design methods but choose to select the appropriate at a particular moment in time.   The firm has carefully embraced CAD as a design tool within the office without it superseding their principles and beliefs where a pen and paper should sit comfortably beside a computer running CAD software. CAD drawings, graphics and photos were translated into machine milling instructions, allowing positives to be cut from resin board and hard latex moulds then made to form the faÃÆ' §ade of the building.   Without the ability to produce a 3D computer model this would never have been achieved.   Caruso St Johns approach is not simply about knowing how to apply CAD techniques, but when to apply them to achieve the best response.   Models and sketch drawings will always lead the way within this office, however CAD software is consistently used to aid with ideas, facilitate construction drawings and to rationalize themes and ideas.   Its all about moving between the two worlds of the real and the virtual to achieve a homogenous whole.   Caruso St John often remark on how little computer technology has affected the development of architectural form and in their essay Frameworks the duo state they are doubtful whether completely new forms can exist (1996, p.41)[18].   For them, it is cheating to muck around with algorithms and mapping programs to generate forms.   Adam Caruso in Tyranny of the New states his distaste for computers used in this way condemning how the forms: lack the complexities and ambiguities that are held within the tradition of architectural form, these shapes quickly lose their shiny novelty and achieve a condition of not new, but also not old or ordinary enough to become a part of the urban background (1998, p.25)[19].   Effectively the belief is that computer generated forms have no place in our current urban context and lack any particular sense of place.   In Contemporary Architecture and the Digital Design Process Andrew Kane remarks that there is an increased belief amongst experienced clients that digital representation of design proposals is essential to close the gap between their understanding of the conceptual ideas and the realized finished form (2005 p.vii)'[20].   This is not the case in Caruso St Johns practice.   A multitude of models and a close communicative relationship with their clients ensures complete understanding of the project on both without the need for extensive use of computer generated form.   Through a physical and verbal understanding of design elements, a computer can have no advantage over a close relationship developed with a client. To summarize, it must be noted that this affiliation with traditional values and qualities is an admirable approach in the face of modernity in a high tech world.   The formulation of design within Caruso St Johns office involves a multitude of mediums with CAD software being one of those.   However, their use of it doesnt restrict the design formalities but merely assists them in engaging with the project more intrinsically.   Computers are used frequently within the office like every other architects business; however they do not use its powers as a form, plan or aesthetic generator.   Caruso St John avoid the extensive use of the computer image generation path and the stardom associated with this archetype in favor of being linked with the physicality, a model or a pen and paper can bring, rather than the autonomous production of a drawing filtered via a software program with no sense of personal touch.   To conclude it can be stated that Caruso St John have avoided the nostalgia of digital realms of visualization but have embraced the use of CAD software programs as a communicative tool with contractors, as an aid in production design and as an aid in visualizing their initial sketch idea in its contextual environment. The next chapter is the second case study of a practice with a different approach to the use of CAD in their everyday work.   Chapter 3:   Zaha Hadid:   Towards a new realm This chapter will use the practice of Zaha Hadid to examine how they use CAD in their working methods and allow an examination of the effect it has had on their design philosophies and the work they produce. Zaha Hadid has defined a radically new approach to architecture by creating buildings with imaginative geometry to evoke the hectic nature of modern life.   She transcends the realm of paper architecture to the built form creating archetypes never envisaged before.   Her work is known widely for the dramatic images produced of seemingly impossible pieces of architecture yet many of these complex images have been realized and built contrary to many beliefs. All of this would not have been impossible without the advent of computer-aided software to allow architects almost infinite freedom to create any shape they wanted.   In particular the use of computer aided manufacturing (CAM) has become increasingly popular in Hadids practice.   The ability to manufacture a physical model from a 3D computer model has allowed the firm to fabricate scale models using CAM technology and therefore allow an appreciation and review of what could be realized at full scale on site.   Subsequently full scale components are then created from the computer model.   It is through this extensive use of computers, that has enabled Zaha Hadid to minimize the need to dumb down her architectural wonders and requires contractors to build her works of complexity.   Her decision to virtually leave the drawing board in the 1980s in favor of graphic paintings to express her visions was a bold statement.   One of her paintings displayed in Figure 5 demonstrates the complexity of her ideas.  Ãƒâ€šÃ‚   The emergence of computer visualizations simply begged Hadid to embrace it to express her bold, flowing spaces. The critic Aaron Betsky remarks how she does not invent forms of construction or technology; she shows us a world in new ways by representing it in a radical manner (2009, p6).[22] The influence of the computer in Hadids working method is clearly visible in the Phaeno Science Center in Wolfsburg, where the architects started the project at conceptual stages by deforming a hypothetical grid and depressing it at points using a 3D visualization program.   This push and pull of elements using CAD software is evident in Figure 6.   However often what happens in practice is that the more experienced architect such as Hadid will delegate the computer generative work to a younger colleague to visualize.   As Aaron Betsky remarks; she sketches and does all the precise lines that indicate her design objectives, her co-workers render the work at a larger scale and fill in the spaces between her gestures she now produces paintings that are only white lines on black paper, ghosts of a future city (2009, p.11).[23]   It is notable therefore that the perceived heroes of the architectural world such as Hadid still will connect with their spaces and concepts via a pen and paper before ever conceiving any manifestations on a computer.   The question that keeps coming back to us therefore is whether all architecture still stems from the simplicity of the hand?   Patrik Schumacher a partner in the office proclaims of the primacy of the computer, arguing that it is the technologies that rely on its power that are allowing us to create what we consider to be truly modern structures (2009, p.14).[26]   As her paintings and sketches disappear into computer renderings and forms, their imaginative qualities begin to disappear too as a flattened, sterile computer visual image can never be a substitute for the emotion a hand drawing can bring.   The digitally produced image can often be a misrepresentation of the actual building product The use of computer visualization programs in Hadids office however has enabled the emergence of reweaving reality.   Joseph Giovannini states that, In Hadids laboratory, the mediums of design were not tethered to representation but instead encouraged ways of seeing released from convention.(2006, p.23)[27]   Computers allowed Hadids office to break away from conventional architectural expression in favor of shifting simulations of representation.   The pedestrian bridge at Zaragoza, Spain is based on a computer procedure called lofting, a term used in the computer program Rhino.   It involves the continuous morphing of one architectural section into another as the initial shape transforms through the ends of its trajectory.   Figure 8 demonstrates this morphing shape achieved via this CAD process.   Something never possible via traditional means.   As Aaron Betsky states, The latest software allows her to take the existing landscape and unfold it, to pan, swoop, swerve, cut, slow down and speed up (2009, p.12).[28]   The software allows her to intertwine elements and shift forms too complicated to model quickly via conventional methods.   Therefore I would argue that the use of computational tools actually allows for speed of manipulation and not creation itself. Zaha Hadid has an extraordinary ability to transform perceptions and dream like paintings and drawings into representations.   The firm quite clearly relies on computer software to create fully integrated, large scale buildings and manage the process from conceptual stage to practical completion however, whether or not she can pull off many of these virtual worlds as realized functional buildings remains to be seen.   Zaha Hadid has an enormous catalogue of conceptual designs but surprisingly a small number of developed projects. Therefore this tendency towards graphic representation in the conceptual stage via computer has yet to be truly tested at construction stage.   This pastiche of virtual worlds created in Hadids studios is very much intriguing to the architectural world however pursuing the elusive commissions remains another matter.   In Hadids office, the computer acts as an enabler to model on screen, pushing and pulling objects similar to a han ds on approach and as Joseph Giovannini states, like all tools she has used, the computer helps Hadid become more Hadid (2006, p.32).[29] To summarize this chapter has shown that to create complex forms and shapes such as that of the work of Zaha Hadid, CAD modeling used in conjunction with CAM offers extraordinary benefits and acts as a communication tool to reassure clients and contractors that the design is possible.   It has emerged that computer software is more of a business tool, with the birth of a concept and design still stemming from the hands of the maker via a sketch or painting.   The problem identified is that the final computer images do not accurately reflect the finished product as the shiny, reflective and vibrant colors and textures viewed on the computer screen does not follow through in the finished building. The next chapter is the third case study of a practice with another different approach to the use of CAD in their everyday work, where working methods, beliefs and outcomes in relation to computers will be assessed.   Chapter 4:   Greg Lynn:   Architectural animation and the paperless office The majority of architectural practices produce paper drawings, then use design visualization software to assess the form and produce a full repertoire of working drawings, however Greg Lynns paperless practice located in California brings computers into the design mix from the start.   He is considered one of the most influential figures in computer generated architecture and has been named in Times magazine 100 innovators of the next century.   Considering he is the pioneer of computer designed architecture using biomorphic shapes and the creator of blob architecture, the architectural critics of CAD software can undoubtedly be impressed with his merging of science, calculus, art, photography, film, organisms and architecture all into one futuristic idea.   He envisages ideas of science fiction as Mark Rappolt states: Gregs work has become a form of porn pored over, leered at, and more or less successfully emulated thats resolutely hardcore in its use of the new digital technologies and pioneering exploration of new (architectural) positions in the latest special effects (2008, p.6).[30]  Ãƒâ€šÃ‚   His use of computers and other advanced digital technologies as a design tool has paved the way for the future of the architectural discourse.   Undoubtedly graphic content in architecture has opened up the discourse to popular media; however Gregs use of visualization software goes beyond the mere formulated, repetitive and regular approaches to expand the possibilities of the building world.   For example in the design for Cabrini Green Urban Design Competition in 1993, Greg used adjustable triangles, a computer spreadsheet for dimensions, a ruler and a parallel bar.   Existing buildings in the Cabrini Green neighborhood were measured and drawn along a linear bar and then their shape and size averaged from one to another.   A technique subsequently adopted and used in new computer programs Alias and Maya 5 years later as blend shape tools.   The harmonious scales are shown in figure 9. This project was also one of the last achieved in his office by hand initially on a drawing board and simply extruded by the computer.   Everything is now done digitally.   His approach to projects involves the use of computers from the initial brief and one method adopted is testing the boundary of animation software called editing spline functions.   As Greg Lynn points out, the very first projects designed using animation software did operate through happy accidents:   the port authority competition and citron house, specifically (2008, p.280).[31]   Basically trial and error methods were used using basic CAD packages until a satisfactory outcome emerged from the screen.   In the port authority triple bridge gateway competition (1995) animation tools and splines were used as a design medium for the first time by any architect and was more a computer analysis outcome than a design project.   The project was produced in less than a week using dynamics and the pseudo-quantitative indexing of statistical data.   The outcome is shown in Figure 10. This then became a primary technique for Gregs future projects using blebs'[34]   It must be stated that in Gregs office computer design software is never simply used as a representative medium but more as an architectural tool to expand the possibilities and boundaries of architecture.   For example prototypes of concepts are built at Lynns office during the design phases using his own computer controlled 3D cutter known as Computer Numerical Control.   The intent as a result is to really focus on how these amorphical forms are created to achieve the maximum potential of a computer, as well as actual build-ability using CAM.   Full scale models are built of sections of buildings to allow a person to physically walk through and engage with a product not yet reality.   An example of this is shown in Figure 11 detailing the construction of large scale mockups for the design of the Embryological House prototype. The architecture derived from Gregs office is a result of decisions made using parameters releasing control of the design process to the computer software, however as Greg states The visual qualities of computer generated images may be important but it seems misguided to understand geometry in terms of style (1998, p.20).[35]   Gregs clear understanding that flat animated architectural images are not architecture alone is prominent and possibly the reason why he has had great success in using the computer as a design aid.   He does not simply churn out flashy images of preconceived futuristic architecture but carefully balances the traditions and history of his discipline to create dare I say new architecture for the ever developing contemporary world.   The computer software used simply facilitates his approach in achieving prototypes to suit the new modern world.   The decision to adopt a paperless office is merely a representation of the modern way of working, using the potential of technology to benefit the architectural cause.   Greg often points out the fact that the construction industry and car manufacturing industry is much more advanced than the discipline of architecture and that designers in the architectural field has much to learn from these automated approaches.   As Chris Bangle points out, Cars have got surface and you (architecture) dont.   But by judging the number of twisting facades, bubbly reflecting glass panels, and compound curved roofs often seen in current architectural proposals, your computer renderings indicate that at least you think you have it, if only acquiring a culture was an easy push of the surface button (2008, p. 42)[36]   Greg in venturing into unknown territory with regard to computer manipulations and avoids the belief of many that these unimaginable volumes are simply not believable or incapable of articulating such complexity.   This is evident in many of his sculptural projects that mix art and architecture into unusual, seemingly impossible pieces such as The Tingler (shown in Figure 12) made for Secession Museum in Vienna and The Predator located in the Wexner Center for the Arts. Both of the projects were modeled carefully using mathematical calculus in computer software programs.   Projects like his Embryological House (1999) explored how animation software could be used to revolutionize mass-produced suburban housing, creating an infinite number of mutations, each with its own unique beauty.   Clearly Gregs extensive use of computer visualization programs goes beyond the conventional but is this future food for thought for architecture and will these calculated, simulated forms stir up our traditionalistic cities and cultures? Greg Lynn is very much setting the benchmark towards new forms facilitated digitally.   Our world today is undoubtedly becoming more high tech and digital oriented yet relatively few architectural pieces exist to represent this coming of age.   Greg believes now is the time for a turning point in architecture where we should entrust our ideas into computer animation software and remove the stigma associated with computer developed architecture that it is detrimental to traditional methods and teachings.   Culture, technology, industries and science are all making vast leaps forward with regard to change.   They have adapted and changed with computation and it is Lynns belief that so too must architecture to shape our new cities with unconventional blob and genetic forms derived from the computer analysis software.   To conclude, this chapter has identified further possibilities of using CAD software with experimentation being the primary benefit.   Greg uses CAD software in conjunction with CAM to test new ideas of structures, materials, textures and forms and creates a new style of prototype architecture.   It has become evident that an idea does not necessarily always start with a sketch.   An idea or concept can now be envisaged directly on a computer screen and therefore enabling the architectural concept to be tested in terms of structure and build-ability from the beginning.   However the trial and error of using CAD software identified has many potential problems in architecture with practitioners loosing a projects architectural intent because of the endless possibilities a computer visualization package can deliver. Following the assessment of the three case studies the next chapter proposes to compare and contrast the case studies in terms of the diverse beliefs, philosophies, uses and working methods in relation to CAD.   Chapter 5:   Comparison of Case Studies It has become apparent that the three architectural offices highlighted in the case studies are very different in terms of philosophies, approaches, organization and structure.   However it is the computer that appears to be the element that often defines the characteristics, style and produce of the three firms studied.   The use of computer software has determined critics perceptions of their work and ultimately a finished architectural product is always related back to the design stages, which evidently expresses the methods through which important decisions have been made.   It could be seen as detrimental to a practice to not accept the use of computer design aids in architecture given it has major possibilities to the discipline, however through looking at these three case studies it has become apparent that it is the way a designer enters, manipulates or stores information, which affects the product.   Digital methods can therefore be seen as a proc ess and not an actual product.   Practices with the same software can use it very differently to achieve remarkably different results, meaning, novelty does not reside in the software but the designer who understands it and uses it to meet their needs. Computer software has been embraced by all three of the case studies but with different approaches and results.   Caruso St. Johns office have allowed CAD software to affect the design approach of their office very little, however it has enabled them to achieve new patterns and forms, previously too complex to achieve using a drawing board.   They have no signature style, which could be due to the fact that they refrain from using a computer as a design inventor or a marketing tool.   Visualization software can often be much predefined and limit solutions forcing a designer to use library based components leading to similar products for each and every brief.   Zaha Hadids office on the other hand is non conformist allowing the computer to represent the notions of a future world.   Renowned for the visual images of architectural intent she is seen as a computer based architect however following research this is not necessarily the case.   Initially an architectural concept is envisaged via a sketch and it is her design team, which create and represent the expression of the hand drawing.   Therefore has Hadids architecture really been influenced by visual software or has it merely assisted her in creating her ideas already present?   Design is about the emergence of an idea and the formation of a mental image.   For Hadid this is managed and achieved via computer visual programs but not really affecting her perceived outcome.   It simply sells her architecture to the media and confirms the build-ability of her designs.   Greg Lynn on the other hand approaches computers in a totally innovative way going beyond the mere visualization of an idea.   He strives to avoid the notion that CAD software is a way of experimentation and using such programs to simply evoke something architectural.   Greg uses the software to really assess his work producing 1:1 models rather than using a visual image, which could be seen as untried and untested.   This is evident in his design The Predator shown in Figure 13, which illustrates the power a computer has in generating a full scale model produced from CAM equipment.   He does not simply lift an image off a computer screen as a representation piece but follows a careful path of using computer calculus and modeling.   But is this architecture or really just a form of science?   Computers have perhaps allowed architects to embrace other disciplines and incorporate elements such as cellular structure into designs.   The computer identifies potential problems that might otherwise go undetected for Greg Lynn and tests these various theories. Computer based design allows for changes of mind and constraints to be achieved.   This is apparent in all the selected case studies.   Often the CAD software is used more as a business tool in a way that images attract attention and therefore media interest and effectively clients with money to spend are lured in, therefore computer based design has an element of marketability.   Zaha Hadid unlike Caruso St. John designs from the outside in, extruding and manipulating forms and as Julie Dorsey states, In typical architectural CAD systems the focus is on specifying the space defining elements, such as walls, rather than the space contained within them (1998, p.46).[37]   This is precisely the problem with many architects engaging with visualization software.   Without physically modeling a room or a building section such as Caruso St. John and Greg Lynn do, it can be difficult to inhabit a space in architectural terms.   However card models a nd pen drawings have their limitations and Hadid and Lynn often point out the limitations of the human mind in expanding imagination via simulations and computer mutations using blobs, blebs, algorithms and splines discussed earlier in the case studies. Adam Caruso points out that: Many architects continue to pursue novelty as their prime objective, transplanting forms from product design, statistical analysis and other disciplines.   It is necessary to understand these new possibilities more deeply and to find new ways to accommodate these shifts within the body of architecture (2002, p.8).[38]   Greg Lynn is beginning to achieve these possibilities in his architectural models for the future culture while Zaha Hadid is achieving these new possibilities by expanding the possibilities of build-ability merging architecture with technology advancements for a new age.   The problem is achieving a balance between reality and virtuality and knowing when to express both and this is still an on going dispute within the architectural world. The worry is that with increasing amount of architects using similar CAD packages and visualization programs new architecture will all be of a similar quality and contrary to belief hinder inventiveness.   This is precisely the reason why Caruso St. John are inventing patterns for their facades rather than selecting a material dictated by a computer rendering, which can often appear very differently when actualized. To summarise the dissertation began on the premise that all of the design approaches from the selected firms have their merits and pitfalls in relation to computer use.   The decision to avoid using simulation programs to design will result in personal, carefully crafted site specific designs to be achieved however it often limits the appeal to change the future of architecture with relatively little strides in terms of style, novelty or technological advancement.   On the other hand adopting a thoroughly digital approach can encourage experimentation, the ability to stir up urban environments and cause debate although does a software driven archetype succeed over its proven historical styles and will it really create a better future architectural world for our modern society?   Effectively this still remains to be seen with computer generated buildings still being viewed as young and ultimately have yet to last the test of time. Chapter 6:   Conclusion The debate over computer graphics, simulations, animations and CAD software has raged through the discipline over the last 20 years however it is now that the computer has the power to really cause chaos in the building world.   Modeling and animation tools have changed the way geometry is used in the design process.   Digital design in architecture need not be perceived as a mere marketing tool anymore with new processes of form development being rigorously tested using highly advanced software.   The computer should be seen as an extension to the hands of the designer but only as a part of the process.   An architect must not forget the tools of which the craft is built upon and the vast array of traditional methods, styles and mechanisms still prominent in many offices today.   Often the computer is used as a representation tool alone, which is fine but it has the power to become a real part of the creative process.   Architecture is about new experiences and if a visualization package can provide this then it should be embraced.   Ultimately though, design is about an idea generated by the brain of a designer and a computer is not this designer.   There is no theoretical interest in something conceived via an array of prefixed components determined by a CAD package.   A computer only follows a set of rules defined by its user but what if this progresses or manifests into something more advanced? The correct use of a computer in conjunction with carefully thought out ideas and architectural intent can really generate some interesting outcomes with the possibility of generating a digital city to match the digital society in which we live today. Architecture is destined to make a progressive leap forward soon like that of the product manufacture and technology markets and this can be facilitated through computer visual programs.   The computer opens up architecture to the mass media, it enables designers to create forms to generate both conflict and interest but effectively it is merely an elaborate extension to the hands of the maker and the route of all new ideas still stems from an architectural intent conceived by the designer, not the computer.    Bibliography Books Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009. Deon, L. Hafliger, T.   Caruso St.John architects: Knitting Weaving Wrapping Pressing, Birkhauser Verlag AG, 2002. Geovannini, J Mertins, D.   Zaha Hadid: Thirty Years of Architecture, Guggenheim Museum Publications, 2006. Kalay, Y. E.   Architectures New Media:   Principles, Theories, and Methods of Computer-Aided Design.   M.I.T. Press.   2004. Kolarevic, B.Architecture in the Digital Age: Design and Manufacture, 2005. Lynn, G.   Animate Form, Princeton Architectural Press, 1998. Lynn, G.   Greg Lynn:   Form, Rizzoli International Publications, 2008. Puglisi, L. P.   Hyper Architecture: Spaces in the Electronic Age, 1999. Rattenbury, K.   This is Not Architecture: Media Constructions.   Routledge.   2002. Szalapaj, P.   Contemporary Architecture and the Digital Design Process, Architectural Press, 2005. Terzidis, K. Algorithmic Architecture, Architectural Press, 2006.   Vidler, A.   Architecture: Between Spectacle and Use.   Yale University Press.   2008. Zampi, G.   Virtual Architecture.   B.T. Bradsford Ltd.   2005. Journals Castle, H.   4dspace:   Interactive Architecture.   Architectural Design, Vol. 75, No.1.   Jan/Feb 2005. Castle, H.   Digital Cities.   Architectural Design, Vol. 79, No.4.   Jul/Aug 2009. Dorsey, J.   Computer graphics and architecture:state of the art and outlook for the future, ACM SIGGRAPH Computer Graphics, Volume 32, Issue 1, February 1998. Articles/websites https://wwwfaculty.arch.usyd.edu.au/kcdc/books/VR99/Chandra.html Chandrasekaran, B. Multimodal Perceptual Representations and Design Problem Solving, 2007.   https://www.nbu.bg/PUBLIC/IMAGES/File/departments/informatics/Proekti/Proekt_Desi_Georgieva.pdf Gueorguiev, V. Georgieva, D.   Architectural Visualization: Understandings and Misunderstandings.   International Scientific Conference Computer Science, 2008. https://www.architectsjournal.co.uk/the-critics/books/caruso-st-john-the-feeling-of-things-and-almost-everything/5202844.article https://www.slate.com/id/2144044/ https://www.dontpaniconline.com/magazine/greg-lynn [1] Gueorguiev, V. Georgieva, D.   Architectural Visualization: Understandings and Misunderstandings.   International Scientific Conference Computer Science, p.6, 2008. [2] Vidler, A.   Architecture: Between Spectacle and Use.   Yale University Press.   2008, p.20. [3] Castle, H.   Digital Cities.   Architectural Design, Vol. 79, No.4.   Jul/Aug 2009, p. 4. [4] Castle, H.   4dspace:   Interactive Architecture.   Architectural Design, Vol. 75, No.1.   Jan/Feb 2005, p.22. [5] Terzidis, K. Algorithmic Architecture, Architectural Press, 2006, p.37. Kolarevic, B.Architecture in the Digital Age: Design and Manufacture, 2005, p. 70. Puglisi, L. P.   Hyper Architecture: Spaces in the Electronic Age, 1999, p.67. [8] Determines the general approach to the layout, design and construction in order to obtain authoritative approval of the client on the outline proposals. The project brief will be fully developed and detailed proposals will be made and compiled, generally in a Stage D report. The application for full development control approval will be made at this point. [9] Terzidis, K. Algorithmic Architecture, Architectural Press, 2006, p.48) Multimodal Perceptual Representations and Design Problem Solving, 2007, p.65.   Kolarevic, B.Architecture in the Digital Age: Design and Manufacture, 2005, pg.2. [12] Castle, H.   Digital Cities.   Architectural Design, Vol. 79, No.4.   Jul/Aug 2009, p.47. [13] Vidler, A.   Architecture: Between Spectacle and Use.   Yale University Press.   2008, p.111. [14] Leatherbarrow, D.   The Architects Journal, 2nd June, 2009.   Review article of Caruso St. John: The Feeling of Things and Almost Everything. [15] Deon, L. Hafliger, T.   Caruso St.John Architects: Knitting Weaving Wrapping Pressing, Birkhauser Verlag AG, 2002, p.88. [16] Zierer, F.   Better than Pencil and Paper, www.worldarchitecturenews.com, 2006. [17] Moore, R.   A Pebble on the Water,   www.carusostjohn.com, 2002. [18] Caruso, A St. John, P.   Frameworks, A+T ediciones(Vitoria-Gasteiz, Spain: 1996) Issue 8, pp.38-51. [19] Caruso, A.   Tyranny of the New, Blueprint(London, UK: May 1998) Issue 150, pp.24-26 [20] Szalapaj, P.   Contemporary Architecture and the Digital Design Process, Architectural Press, 2005. [21] Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009, p.6 [22] Geovannini, J Mertins, D.   Zaha Hadid: Thirty Years of Architecture, Guggenheim Museum Publications, 2006, p.29. [23] Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009, p.11. [24] Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009, p.14. www.slate.com, June 21st, 2006. [26] Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009, p.12. [27] Geovannini, J Mertins, D.   Zaha Hadid: Thirty Years of Architecture, Guggenheim Museum Publications, 2006, p.23. [28] Betsky, A. The Complete Zaha Hadid, Thames Hudson, 2009, p.12. [29] Geovannini, J Mertins, D.   Zaha Hadid: Thirty Years of Architecture, Guggenheim Museum Publications, 2006, p.32. [30] Lynn, G.   Greg Lynn:   Form, Rizzoli International Publications, 2008, p.6. [31] Lynn, G.   Greg Lynn:   Form, Rizzoli International Publications, 2008, p.280. www.arch.columbia.edu. [33] Lynn, G.   Animate Form, Princeton Architectural Press, 1998, p.19. [34] Lynn, G.   Animate Form, Princeton Architectural Press, 1998, p.19. [35] Lynn, G.   Animate Form, Princeton Architectural Press, 1998, p.20. [36] Lynn, G.   Greg Lynn:   Form, Rizzoli International Publications, 2008, p.42. [37] Dorsey, J.   Computer graphics and architecture:state of the art and outlook for the future, ACM SIGGRAPH Computer Graphics, Volume 32,Issue 1, February 1998, Pg. 45-48. [38] Deon, L. Hafliger, T.   Caruso St. John Architects: Knitting Weaving Wrapping Pressing, Birkhauser Verlag AG, 2002, p.8.

Why Immigration Is a Controversial Issue in Uk Free Essays

â€Å"It was once believed that when you were born, you were a blank state and could be taught to learn different things in a variety of way† (Gardner, H. Personal Learning Solution 2012) In this essay I will be talking about the importance of study skills for higher education. I will be identifying the different skills that are used both personal and professional and also providing some evidence towards my findings. We will write a custom essay sample on Why Immigration Is a Controversial Issue in Uk or any similar topic only for you Order Now The main skills I will be touching on will be people skills, reflective and creative skills, writing skills and also time management. I will be exploring how these skills have an importance in the higher education and viewing their similarity and differences between them. Study skills are the strategies and the different approaches used in learning to develop better understanding and knowledge for a life time. It is an essential piece of material that is needed for better grades in an exam, assignment etc and tackles problems such as bad organization, time management or writing skills which are useful for a life time. There are many different study skills that can be used in higher education in order to gain a successful qualification for a successful job application. It is important indentify your own personal learning style and develop on all the important study skills that helps with your learning. The reason for this is because it helps you remember and learn more and new information. It also allows you to do well in your essays/assignments and exams you are undertaking. Once your learning style has been identified and used, it will provide you with the opportunity to move up a level. There are different styles such as: The Diver: like to get on with it and get it out of the way The Dreamer: like to think a lot and research thoroughly The Logician: like things to make sense and reasons The Searchlight: like to see the bigger picture and find everything interesting (Cottrell, S. 2008. Third Edition. Pg59-60) The Dearing Report (1997) states that â€Å"the key to future success of graduates†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ ommunication skills, numeracy, use of ICT, learning how to learn† (heacademy. ac. uk) This report gives a clear understanding of the main skills need for a successful future. On the other hands in the theory of Gardner’s, H (1983), he believes that everyone should be able to find 8 different areas to help with their learning, which may identify what they prefer (Gardner, H. Personal Learning Solution 2012). The first skill I will t alk about is People Skills. This skill has a combination of inter-personal skill, which means the ability to work well with others in a team/group, and also intra-personal skills, which means the ability to manage your own attitudes and emotions within the environment (Cottrell, S. 2003. Pg 115). A people skill involves being able to communicate well with others and adapting to others within the team and interacting well amongst others. This skill can be turned into academic skills by making connections with groups in class, listening well to others allowing everyone to talk, being assertive without demonstrating any form of anger etc. This is one important skill that is needed for higher education which can be developed further for a successful job in the future. My second skill I will talk about is reflective and creative skills. This is a thinking process that can put you in deep thoughts aiming to gain a better understanding. It allows you to make sense of what your putting together, go over what you have, make any judgements and changes needed and also weighing up what you have to get better balance which includes taking different things into account. In the book of The Science Good Study Guide, it states that â€Å"it is important that you take a systematic, analytical, strategic, and reflective approach to managing yourself and your studies† (Northedge, A et al, 1997, pg 16). Creativity plays a big role in study skill because; you need to identify what strategies are suitable for you in learning. With this you can be as creative as you can to help you in the process. The third skill is writing skills. This skill can also be combined with organisation as you will need to learn how to organise your essays and assignments e. . introduction, main body and conclusion/evaluation. Writing is another form of communication. In higher education, when writing an essay/assignment, you are communicating what you know and understand of what you have learnt in class. This is why writing skills is very important so you know what you’re writing is clear for the reader. However as Cottrell (2008) stated that writing a good assignmen t is a hard and challenging process but is a very rewarding aspect of your studying. Your writing skill is something that can always be developed as you grow (The Study Skills Handbook. 2008. Pg167) The last skill I will talk about is time management. This is one of the most essential skill needed, not only for higher education but also for every other thing in life e. g. job, appointments, lectures, meetings etc. you need to know how long it requires for you to do something. Time is special because you cannot change time. I believe everyone has the same exact time on their hands; it depends on how it’s being used by the individual. Most students like myself will complain and say there is not enough time for their work, however what I have come to learn is that if time is managed widely it helps a lot with what you need to do or what you desire to do. In higher education, when time is managed well, it helps set your priorities straight, become more conscious with your decisions and also learn how to become more productive each day. In conclusion, I have come to read and understand how important study skills are in higher education. The first thing is to identify what type of learner you are and focus on the most important study skills. I have come across some understanding that if you lack in your study skills, there is a low chance of gaining good grades meaning less chance of a successful job application. As stated in the Dearing report (1997) the four main skills needed for success in the future and also Howard Gardner’s theory explaining how creative you should be in different ways of learning such as finding 8 different areas to learn that may help with your learning. I believe that we learn something new every day giving us the opportunity to move up a level of intelligence. How to cite Why Immigration Is a Controversial Issue in Uk, Essay examples

Internal Organizational Boundaries and Commission

Question: Discuss about the Internal Organizational Boundaries and Commission. Answer: Introduction The fair work commission is an independent body whose mandate is to ensure good workplace conditions and maintenance of safety net of minimum salaries, in addition to other employment functions and regulations. The Fair Work Act enhances a more national framework for controlling industrial relations in Australia. Every state has the right to provide part or all of their industrial relations governance to the commonwealth. Therefore, all the workers of that particular state will efficiently be covered by the national Fair Work Act in case a state decides to refer their governance to a central and national industrial relations framework (Bray Stewart, 2013). The Fair work Commission has taken over the mandates of the Australian Industrial Relations Commission (AIRC) in solving workplace problems and industrial actions. The main functions of the Fair Work Commission include fixation of a minimum wage, resolving disputes, approving enterprise agreements and resolving claims of unfair di smissal. It is important to note that it is the body that replaced the Australian Industrial Relations Commission. Also, it executes roles previously carried out by the Australian Fair Pay Commission and the Workplace Authority. Besides this, it is involved in the procedure of enhancing national industrial relations policies. This includes, controlling the award framework and maintaining minimum wages (Buchanan, 2013). This paper is a discussion of the functions of the Fair Work Commission in the making and approving of agreements. Making of Agreements An enterprise agreement can be created between one or more workers with their chosen agents. Moreover, the enterprise agreement can be modified to benefit certain enterprises (James Ombudsman, 2015). Ellem argues that during the process of making a contract, where leaders have failed to negotiate in good faith, the good faith negotiating requirements will act to prevent problems by allowing the Fair Work Commission to make orders (Ellem, 2014). This should serve the interests of both the general public and negotiating representatives. In addition, if one bargaining partner believes that the other partner is not negotiating in good faith, they must inform the offending partner of their distresses and give a reasonable period to respond. This will prevent assumptions that the representatives are not negotiating in good faith because the Fair Work Commission will only be able to create negotiating orders, if it is convinced that this report was prepared (Hustedt Seyfried, 2016). In ord er to enhance integrity of existing contracts, the Fair Work Commission cannot create good faith negotiating orders until after three months before the nominal expiry date of a continuing contract, if the manager has not offered the workers a new contract. Ellem highlights that it is not necessary for the negotiating representatives to sign up to a contract where they do not accept the terms of the contract. If the Fair Work Commission suspects that they have been extreme breaches of negotiating orders by negotiating representatives and those breaches have significantly affected the contract, it will have the right to create a workstation determination. Furthermore, good faith negotiating requirements protect managers from unfair negotiating procedures, therefore, if negotiating representatives do not agree about the contract, they have a right to jointly walk away. Approval of Agreements According to Howe, it is important to note that before approval of an agreement, the Fair Work Commission must be convinced that the agreement has a contract that highlights a process that enables the commission or another individual who is dependent of the managers, workers or workers unions covered by the agreement, to resolve cases about situations arising under the contract and in accordance to the National Employment Standards (NES) (Howe, 2014). Such a contract must enable for the representation of workers indicated in the agreement in order to simplify the dispute resolution procedure. All the enterprise agreements must also be checked by the Fair Work Commission for consent before they begin operation. The authorization procedure is simple and involves periodic valuation of the enterprise agreement and conditions under which it is created. After the agreement has been approved by the employees, the Fair Work Commission will certify that the contract is genuine, the set of wor kers covered by the contract is fairly chosen, the contract is in accordance with the Better Off Overall Test (BOOT) and the contract does not contain illegal content. The certification procedure under the Fair Work Act will shorten most of the process applied during the fairness test. During the period of contract, the negotiating team is required to provide a constitutional declaration outlining the content of the contract. Besides this, it is important that the agreement is signed by the employer and a leader of the workers (Roles O'Donnell, 2013). The enterprise agreements can enable that increment in salaries and allowances are associated with the productivity increase at the enterprise. This is a result of negotiations at the level of enterprise which are favorable reflecting the financial position of the enterprise. In addition, collective bargaining will boost productivity rather than focus on negotiations. Therefore, collective bargaining under the Fair Work Commission will not be restricted by rules and is developed to have a good effect on labour productivity. Before the transition Act, the workstation Authority should apply a fairness test to agreements. The Fairness Test is very beneficial to the business but it is usually faced with inefficiencies. Besides this, the implementation of the Fairness Test has led to big delays in the approval of agreements (Giudice, 2014). In addition, the Fair Work Commission will use the BOOT to ensure that every worker protected by the agreement is in a better position as compared to another modern award. The usage of modern awards as reference will enhance simplification of the authorization process as compared to the current, difficult minimum standards engagements. Moreover, it enhances growth and fairness through company contracts that are created to meet the needs of companies and the workers (Howe, 2014). This involves providing the workers and managers with the freedom to elect individuals of their choice to represent them in negotiations for a proposed contract. It also assists Fair Work Australia to enhance good faith bargaining and the development of contracts. For instance, through creating negotiating orders and solving cases where parties need help and making sure that workers included in the agreement are in a better position against the latest safety net. McKenzie highlights that the Fair Work Commission has other functions that include setting a framework for handling the requirements of employment in a situation where there is transfer of business that enables a balance between the protection of the requirements of employment and the needs of managers in managing their company effectively (McKenzie, 2015). Secondly, it enhances representation and equality at the work station through simplified and straightforward general protections focused with workstation and industrial rights (Trigger, Keenan, Rijke Rifkin, 2014). For example, freedom and rights of association and protection against biasness, illegal termination and fake appointments which hide employment appointments as independent contractor engagements. In addition, it offers protection against biased dismissal for workers using a flexible, fast and informal procedure, a stress on fair dismissal code and emphasis for small enterprises. Thirdly, it provides tough and clear reg ulations against industrial strikes, with the freedom to have peaceful industrial strikes in the course of negotiations in support of assertions relative to a new business contract resulting to a democratic and fair election. It also involves authorizing the Fair Work commission to create orders to end industrial strikes and prevent limitations on payment to workers during industrial strikes (Charlesworth Macdonald, 2015). It also maintains an equal and balanced system for freedom of entry for executives of companies and authorizes the Fair Work Commission to handle exploitations of rights by officials, unreasonable demands by managers and civil cases. Moreover, it gives a right for managers to face workers in extreme situations. Fourthly, it enables submission with the latest workstation relations framework in enhancing a particular, available compliance framework. Therefore, this involves the empowerment of the Fair Work Departments of the federal court or the federal Magistrates court to create any order that is necessary to solve an infringement. Also, it involves the ability to create privileges under a contract of working that associates to similar subject-matters as the modern award in the federal court and the federal Magistrates court by supervisors in affected states and territory courts and a number of claims process in the Federal Magistrates court (James Ombudsman, 2015). To conclude, the Fair Work Commission simplifies the process of making and approving agreements. The Fair work Commission has engaged the roles of the Australian Industrial Relations Commission (AIRC) in solving workplace problems and industrial actions. In relation to this, it provides information about the procedure of creating enterprise agreements and contracts. The Fair Work Commission also approves and evaluates the agreements and resolves issues arising about the terms of agreements. The major functions of the Fair Work Commission include fixation of a minimum wage, resolving disputes, approving enterprise agreements and resolving claims of unfair dismissal. In addition, it is involved in the procedure of enhancing national industrial relations policies including controlling the award framework and maintaining minimum wages. References Bray, M., Stewart, A. (2013). From the arbitration system to the Fair Work Act: The changing approach in Australia to voice and representation at work. Adel. L. Rev., 34, 21. Buchanan, J., Bretherton, T., Frino, B., Jakubauskas, M., Schutz, J., Verma, G., Yu, S. (2013). Minimum wages and their role in the process and incentives to bargain. Melbourne: Fair Work Commission, https://apo. org. au/files/Resource/fwc_minimum-wages-incentives-to-bargain_2013. pdf. Charlesworth, S., Macdonald, F. (2015). Women, work and industrial relations in Australia in 2014. Journal of Industrial Relations, 57(3), 366-382. Ellem, B. (2014). A battle between titans? Rio Tinto and union recognition in Australias iron ore industry. Economic and Industrial Democracy, 35(1), 185-200. Giudice AO, T. H. G. (2014). Industrial relations law reformWhat value should be given to stability?. Journal of Industrial Relations, 56(3), 433-441. Howe, J. (2014). Is the net cast too wide? An assessment of whether the regulatory design of the 457 visa meets Australia's skill needs. Hustedt, T., Seyfried, M. (2016). Co-ordination across internal organizational boundaries: how the EU Commission co-ordinates climate policies. Journal of European Public Policy, 23(6), 888-905. McKenzie, D. M. (2015). The role of mediation in resolving workplace relationship conflict. International journal of law and psychiatry, 39, 52-59. Steele, S., Wee, M. S., Ramsay, I. (2016). Remunerating Corporate Insolvency Practitioners in the United Kingdom, Australia and Singapore: The Roles of Courts. Trigger, D., Keenan, J., Rijke, K., Rifkin, W. (2014). Aboriginal engagement and agreement-making with a rapidly developing resource industry: Coal seam gas development in Australia. The Extractive Industries and Society, 1(2), 176-188. Roles, C., O'Donnell, M. (2013). The Fair Work Act and worker voice in the Australian Public Service. Adel. L. Rev., 34, 93. James, N., Ombudsman, F. W. (2015). Commonwealth of Australia.