...Restitution an old concept Restitution v Compensation (most cases) i.e.: remedy of compensation Unjust enrichment has 4 main elements (confirmed in Banque Financiere) **** sets out the structure. i) defendant’s enrichment (money is very clearly a benefit to you) (can spend it, can use it) ii) at the claimant’s expense? (did the money come from the bank?) transfer of value from the C or substraction from C … didn’t lose money, but lost time and expertise i.e.: repairing a table iii) was the enrichment unjust? (unjust factors: i.e.: could be a mistake, failure of consideration benefit has passed, but had failed to provide consideration., exploitation) iv) Are there any valid defences? We don’t want the defendant to suffer as well. The claimant doesn’t necessarily gain back everything. (CHANGE OF POSITION THE DEFENDANT RELIED ON THE ENRICHMENT). Reliance, detrimental reliance, links with estoppel. i.e.: textbook, nightout, books. Instead of buying new textbooks, could have bought 2nd hand. Instead of spending the nightout, could have paid individually. The court only look at the gain you still HAVE. They might take away your books, laptop (require to sell off the laptop) depends on REASONABLENESS /SENSIBILITY. So, i.e.: if you spend on HOLIDAY, on other things, i.e.: spend on nightout dinner, the court cant take back anything! Chase Manhanttan. made 2 payments, only should made 1. After being made, the bank went bankrupt, found a constructive trust...
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...The reinvention of the new “Orient Woman” According to Said, “Oritentalism”, the colonial stereotype is a complex and contradictory process. It arises due to the fear of miscegenation, yet the “other” is prefigured as being simultaneously an object of fear and desire. The “other”, on one hand, a subject of suppressed, disgust and discrimination, the other, it is a dream, fantasy, obsessions and desire. Therefore, it is fair to infer that the Orient is not a property of bodies or something originally existent in human beings; rather it is the social construct. Specifically, it is the product of the society’s dominant class – the Whites, the master- narrative. Racial differences have been used as a basis for racial stereotypes, for instance the White “norm” versus Non-white people. It is clear that racial identity is marked on skin. It is undeniable that some stereotypes do/might have a basis of truth, however such stereotypes do not take into the account of differences among the Orient. It is out of fear and apprehensiveness that lead to the birth of such unjust stereotypes, the film “Memoirs of a Geisha” directed by Rob Marshall highlights the irony of the stereotypes resulting in fragmentations of identity. “Memoirs of a Geisha” (Marshall, 2005) offers an interesting twist to our typical story-telling, the women are no longer silenced, and the story is told through the voice of a woman (though written by a male...
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... • What is discrimination? How is discrimination different from prejudice and stereotyping? Discrimination: the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex. (Oxford Dictionaries, 2013) In my opinion, discrimination, stereotyping and prejudice are very similar; they often overlap and can easily be mistaken for one another. Prejudice is defined as preconceived opinion that is not based on reason or actual experience (Oxford Dictionaries, 2013) or a preconceived judgment or opinion, an adverse opinion or leaning formed without just grounds or before sufficient knowledge, an instance of such judgment or opinion, an irrational attitude of hostility directed against an individual, a group, a race, or their supposed characteristics. (Merriam-Webster, 2013). Stereotyping is defined as a widely held but fixed and oversimplified image or idea of a particular type of person or thing. (Oxford Dictionaries, 2013) I would say they differ because both Prejudice and Stereotyping are opinions or ideas based on unjust opinions, ideas or unreliable generalizations about a person or group whereas Discrimination is when a person or group uses prejudice or stereotypes in taking action by denying equal rights and opportunities to these individuals and groups. So, in short prejudice and stereotypes are negative attitudes, opinions and ideas and discrimination would be to take these feelings into actions. •...
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...Stereotypes Stereotypes To generalize a group of people in a way that falsely groups them as behaving or describes them without any certain proof is considered a stereotype. Such stereotypes are placed upon young unwed parents, the Dutch, and as another example the aggression in Pit-bull Terriers. The fallacies within these stereotypes are topics that stand without reason but are commonly thought to be true, like life beyond our planet, it’s possible but there is no proof. Stereotyping people can have lasting negative effects. Studies have been done that have proven that those who are faced with a stereotype tend to perform poorly, have trouble controlling their aggression and making rational decisions, and can even lead to over eating (Kemick, 2010). To stereotype a person is to classify them as part of a group of people. This often leads to people feeling a “sense of being depersonalized” (Siy & Cheryan, 2013). When someone stereotypes another person they are judging them based on their group affiliation instead of their individual traits and attributes (Siy & Cheryan, 2013). This can lead to angry, hurt, or upset feelings. People generally want to be seen as the individual person they are and be judged according to that, rather than for who they are associated with. In my life I encounter many different stereotypes. I have been stereotyped myself, have stereotyped others, and have witnessed others stereotype others. After learning about stereotypes I can see...
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...discrimination different from prejudice and stereotyping? the unjust or prejudicial treatment of different categories of people or things, esp. on the grounds of race, age, or sex. The terms stereotype, prejudice, discrimination, and racism are often used interchangeably in everyday conversation. But when discussing these terms from a sociological perspective, it is important to define them: stereotypes are oversimplified ideas about groups of people, prejudicerefers to thoughts and feelings about those groups, while discrimination refers to actions toward them. Racism is a type of prejudice that involves set beliefs about a specific racial group. stereotypes are oversimplified ideas about groups of people. Stereotypes can be based on race, ethnicity, age, gender, sexual orientation—almost any characteristic. They may be positive (usually about one’s own group, such as when women suggest they are less likely to complain about physical pain) but are often negative (usually toward other groups, such as when members of a dominant racial group suggest that a subordinate racial group is stupid or lazy). In either case, the stereotype is a generalization that doesn’t take individual differences into account. stereotypes are rarely created; rather, they are recycled from subordinate groups that have assimilated into society and are reused to describe newly subordinate groups. For example, many stereotypes that are currently used to characterize black people were used earlier...
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...Associate Program Material Discrimination Worksheet Write a 100- to 200-word response to each of the following questions. Provide citations for all the sources you use. • What is discrimination? How is discrimination different from prejudice and stereotyping? Discrimination,” is the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.” (Dictionary.com) Discrimination is different from prejudice and stereotyping because, discrimination is when you act on your stereotypes and treat others unequally due to your prejudice opinions, whereas being prejudice and having stereotypes, you sort of hang on to your opinions and not act upon your opinions. It is possible to have stereotypes and not be discriminating as long as your opinions don’t make you act a certain way towards an individual for whatever the reason. • What are the causes of discrimination? People are taught to act a certain way growing up. Someone who is racist, and has kids, is most likely to rub off on their children and cause them to have similar views. We as people are subjected to change all around us. For most, being different or something unfamiliar to us is scary, so we tend to avoid change and stick with the familiar. We are ignorant by doing this because we will never learn something new without change. We form opinions based on assumption. We need to walk as an example to our children and show them that being different...
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...University of Phoenix Material Appendix B Part I Define the following terms: Term | Definition | Stereotypes | The exaggerated and unreliable generalization of a group that does not take individual preferences into account. | Prejudice | A negative attitude toward an entire category of people such as racial group or ethnic minority. | Labeling theory | The view of deviance in which someone being labeled as a “deviant” leads a person to engage in deviant behavior. This theory originated by Howard Becker’s work in the 1960’s. This theory explains why people’s behavior clashes with societal norms. | Part II Select three of the identity categories below and name or describe at least 3 related stereotypes for each: * Race * Ethnicity * Religion * Gender * Sexual orientation * Age * Disability Category | Stereotype 1 | Stereotype 2 | Stereotype 3 | Religion | Bible hugger | Satan worshipper | Eternally damned | Disability | Check chaser | Stupid | Psycho | Race | Drug dealer | Thief | Bomber | Part III Answer each question in 100 to 150 words related to those stereotypes: * What are the positive aspects of the stereotypes, if any? Are there really positive aspects to stereotyping? I can’t really say for sure. I suppose it may be good to generalize those people that have a “safe feeling” to them. Christians are generally good people and appear to be trustworthy for the most part. Intuition on...
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...University of Phoenix Material Appendix C Part I Define the following terms: |Term |Definition | |Discrimination |The unjust or prejudicial treatment of different categories of people or things, esp. on the| | |grounds of race, age, or sex. | |Institutional discrimination |Unfair prejudice against individuals as a result of the way an organization works or | | |delivers services. | |Political correctness |The avoidance of forms of expression or action that are perceived to exclude, marginalize, | | |or insult certain groups of people. | Part II Write a 150- to 250-word response to each of the following questions: • How is discrimination different from prejudice and stereotyping? When stereotyping something a person has a specific impression of a group of people in which a person believes that all members of a group share a common trait or traits. Discrimination is an act or instance of discriminating. It’s a treatment or consideration of, or making...
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...often of times these perceptions give in to stereotypes, or totalizing what we believe to be true about a particular subject. It is important for us as a society to deviate from these generalizations, and see things for how they are without jumping to a conclusion. Julia Wood is a professor at University of North Carolina at Chapel Hill and a published author who specializes in interpersonal communication. Through my Bridges Not Walls textbook I was able to read an excerpt from one of her most recent books which educated readers about human beings understanding of one another. She wrote about how it is easy for humans now days to often time’s stereotype or totalize people based off what little information we may know about them. To totalize is to “think and act as if a single aspect of a person is the totality of that person.”(Wood 178) In other words, basically allocating a person in to a certain category based off of one simple aspect that makes up their life. To hold one detail of a person above all others gives a jaded view of who that person really is. Totalizing can lead to having negative effects on the person who is the target of this generalization. One characteristic of a person does not define who they are, and took look at someone affected by dwarfism and only refer to them as “the short guy” is giving an unjust perspective to yourself and others around you. Mrs. Wood goes on to explain how “one reason people stereotype or totalize is that it’s easier to deal with...
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... | |Discrimination |The unjust or prejudicial treatment of different categories of people or things, esp. on the | | |grounds of race, age, or sex. | | |Recognition and understanding of the difference between one thing and another. | |Institutional discrimination |Unfair prejudice against individuals as a result of the way an organization works or delivers| | |services.. | |Political correctness |The avoidance of forms of expression or action that are perceived to exclude, marginalize, or| | |insult certain groups of people. | Part II Write a 150- to 250-word response to each of the following questions: How is discrimination different from prejudice and stereotyping? Discrimination is the act. It is the deed of harming a group. It in many ways is the result of stereotyping and prejudice What are the causes of discrimination? Negative stereotypes created by generalizations of any group or subgroup of people lead to prejudice. This results in a mass hatred for a group or usually...
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...have regarding other group members. On the other hand, stereotypes can be defined as beliefs regarding a group including a description of an individual, their abilities as well as their behaviour. Therefore, stereotypes cognitively represent how people are similar to other and their differences towards other groups. ‘Individuals can be aware of stereotypes and have cognitive representations of their beliefs without endorsing such stereotypes, without prejudice feelings as well as without having a belief that stereotypes can affect their behaviour and judgement’ (Charnley et al 2009: 195). Stereotyping as well as prejudice are considered as an adaptive processes product, which simplifies complex world towards enabling individuals to apply cognitive resources towards various tasks. Nevertheless, despite the function served by cognitively adaptive processes by use of mental shortcuts to make decisions regarding other people can result in serious negative outcomes (Smith 2008). The horrifying mistreatment of people in history including that of African American, homosexuals, people with disabilities, has been the main impulsion for prejudice as well as stereotypes study. Therefore, the original experiments and ideas are concerned with negative attitudes, conscious as well as discriminatory behaviors. Nevertheless, due to changes that have occurred on prejudice and stereotypes at the social level, the materialization of stereotypes, as well as prejudice, have also transformed. Towards...
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...In our world, with unjust treatment to people of different race, age or gender. Preconceived opinions are not based on reason or actual experience but rather the oversimplified idea of a particular type of person. That is how our world perceives one another. Unfortunately stereotyping, prejudice and discrimination has been among us for decades. Sexism is the ideology that maintains that one sex is superior to the other and dominates most important areas in our social life, such as the work place. Although it doesn’t specify what gender is superior, in most cases the dominant is male. For years, women have been discriminated against and there are many reasons why. Some examples are social discrimination, legal discrimination, or gender discrimination....
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...DAssociate Program Material Discrimination Worksheet Write a 100- to 200-word response to each of the following questions. Provide citations for all the sources you use. • What is discrimination? How is discrimination different from prejudice and stereotyping? Discrimination is the unjust or prejudicial treatment of different groups of people or things, particularly on the grounds of race, age, sex, and religion. : Google Definition. Discrimination is different from stereotyping because when you stereotype someone or group of people you have a specific what of thinking about that person or group. An example would be to say all African Americans are criminals. Now when you discriminate against someone you put that frame of thinking into action like not hiring an African American because you think they are all criminals. Discrimination can come in many more forms then race, religion, sex, or age. Someone can discriminate against another person just because they dint like the color of their hair or the type of clothes they wear. • What are the causes of discrimination? Discrimination can be triggered by a verity of diverse reasons. I believe the main reason for discrimination in today’s society is the way we teach our children. Just like prejudice and stereotyping discrimination is something that is learned. No one person is born with the ability to discriminate, it is something that they were taught or picked up on while growing up. It could be...
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...Critical and Creative Thinking Questions II Resource: Visualizing Psychology Read questions 1-6 located in Critical and Creative Thinking Questions in Ch. 15 of Visualizing Psychology. Answer each question in at least 75 words Critical and Creative Thinking Questions for Chapter 15 - Social Psychology 1 | Have you ever changed a strongly held attitude? What caused the change for you?I used to hate research writing in high school . I got not so desirable grades on most of them because I wasn't really sure how to do them , plus I wasn't playing attention when the steps where being explained. So in return submitted awful reports . The problem was I didn't make an outline nor was I even sure what I wanted to write about , I just wanted to write something , and a lot of time I would run out of ideas .Nevertheless , I learned to love research through the encouragements I received from several tutors and my 12th grade English teacher . By change my attitude about writing , I was able to increase my quality sources that made a previously difficult assignment into worry free tasks . | | | 2 | Do you believe that you are free of prejudice? After reading this chapter, which of the many factors that cause prejudice do you think is most important to change? No I don't believe I am free from prejudice. Prejudice is an adverse judgment or opinion formed beforehand or without knowledge or examination of the facts. Prejudice can come from ignorance and also fear...
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...Stereotyping and Profiling – The Negative Effect on Society Glenn A Smith ENG102 Sullivan University Composition 102 Abstract This essay shows the negative effects society encounters from stereotyping and profiling and some solutions to how, we as a nation, can overcome this plague. Stereotyping is the act of making an assumption or generalization of a particular person or group of persons based on misconceptions usually extending to how they might act or what they represent or just categorizing these people and groups as to what they are like. Profiling is the process in which we base information on a person or group from past knowledge of their traits or actions. Some researchers’ feel that many of us unconscientiously stereotype and profile without even knowing and that our rearing traditions have also contributed to this way of thinking. Profiling can be implemented by different approaches such as racial profiling, facial profiling even as simple as individual or group profiling. Stereotyping and profiling can affect anyone, rich or poor, black or white, famous or ordinary, and does not consider any age or gender. Humiliation and degradation will come about within each person. As a nation, changes are needed on how we view and accept one another; teach our children the effects of this behavior at home and school, and stress to our government to undertake ways to establish effective means of profiling for security measures that will not violate constitutional...
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