• Title/Summary/Keyword: the Principle of Acting

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The Principle of Good Faith under Uniform Commercial Code (미국 통일상법전상 신의성실의 원칙)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.135-178
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    • 2014
  • The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

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Under the Pressure of the Topic Selection and Representation Rules of the Mass Media over the Slow Political Process Time - For Example the Televised Debate to Elections to the Federal Assembly in Germany (미디어 생산시간이 미디어 정치에 미치는 영향에 관한 연구 - 독일총선의 TV토론을 중심으로)

  • Shim, Young-Sub
    • Korean journal of communication and information
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    • v.45
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    • pp.187-219
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    • 2009
  • Under the pressure of the selection of topics and the presentation rules of mass media, politics in media society increasingly resort to professionalized forms of theatrical staging as a means of self-portrayal. Although these staging methods are not contradictory to what is actually going on in politics, they strongly advantage the tendency to focus exclusively on the staging of an event. Through their competition for public attention, politicians have been developing sophistication regarding placement and staging of events as well as regarding factual information. In the process of this transformation, politics that are issue-related and based on binding decisions are being gradually transformed into symbolic politics. Moreover, through their appearance on TV, politicians first of all need to possess presentational skills which are not necessarily related to their political achievements. Still, presentational skills decide over the success in politics of those politicians. The reason is that a politician who possesses presentational skills is still being perceived as being successful even if his political achievements notedly lag behind. On the other hand, political achievements are being underrated if a politician lacks the talent to present himself in front of the media. “The staging of politics, “politainment”, on the stage of mass media is evolving into a key structure which is responsible for a new coinage of politics in all different kinds of dimensions: the selection of staff, the role of action programs and their impact for the legitimation of political acting, even in relation to therole of pivotal political institutions such as parties and parliaments in the political process. The TV debates during the Bundestag elections of the year 2002 and 2005 are being analyzed and judged as “staging of politics”(politainment). Self-dramatization in media society concerning media discourses about politics and political self-portrayal has become a basic principle of political communication. Self-dramatization is a vital challenge for adequate political communication and content-based orientation in our present media democracies.

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Analysis of Motion Response and Drift Force in Waves for the Floating-Type Ocean Monitoring Facilities (부유식 해상관측시설의 파랑중 운동 및 표류력 해석)

  • YOON Gil Su;KIM Yong Jig;KIM Dong Jun;KANG Shin Young
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.31 no.2
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    • pp.202-209
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    • 1998
  • A three-dimensional numerical method based on the Green's integral equation is developed to predict the motion response and drift force in waves for the ocean monitoring facilities. In this method, we use source and doublet distribution, and triangular and rectangular eliments. To eliminate the irregular frequency phenomenon, the method of improved integral equation is applied and the time-mean drift force is calculated by the method of direct pressure integration over the body surface. To conform the validity of the present numerical method, some calculations for the floating sphere are performed and it is shown that the present method provides sufficiently reliable results. As a calculation example for the real facilities, the motion response and the drift force of the vertical cylinder type ocean monitoring buoy with 2.6 m diameter and 3,77 m draft are calculated and discussed. The obtained results of motion response can be used to determine the shape and dimension of the buoy to reduce the motion response, and other data such as the effect of motion reduction due to a damper can be predictable through these motion calculations. Also, the calculation results of drift force can be used in the design procedure of mooring system to predict the maximum wave load acting on the mooring system. The present method has, in principle, no restriction in the application to the arbitrary shape facilities. So, this method can be a robust tool for the design, installation, and operation of various kinds of the floating-type ocean monitoring facilities.

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A Study on the life of Yoon Cho Chang(尹草窓) and Cho-Chang-Kyeul(草窓訣) (윤초창(尹草窓)의 생애(生涯)와 초창결(草窓訣)에 관(關) 연구(硏究))

  • Kim, Joon Tae;Yoon, Chang Yeul
    • Journal of Korean Medical classics
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    • v.6
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    • pp.189-227
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    • 1993
  • I have studied life of Yoon-Dong-Li(尹東里), who applied Un-Ki(運氣) theory to medicine during Suk-Jong(肅宗) to Joong-Jo(正祖) in Yi-Dynasty and also studied his existing writings named ${\ll}$Cho-Chang-kyeol${\gg}$ (草窓訣). The referenced original work prints were based on 1980's print of Chung-Ku oriental medical society and National Central Library and The academy a korean studies possessed print. Studied with these books, I have concluded as follows. 1. Yoon-Dong-Li(尹東里) courtesy name is Ja-Mi(子美), pen name is Cho-Chang(草窓). He was born in 1705, Suk-Jong(肅宗) 31yrs, and died in 1784, Jeong-Jo(正祖) 8yrs in Yi-Dynasty. He had lineage of third-generationed-doctor and learned medicine from his uncle, Yoon-Woo-Kyo(尹雨敎). His father Yoon-Yi-Kyo(尹이敎) gaved him second influence. 2. Confucianal physician in Ming Dynasty You-Bu(劉溥) respected Ju-Ryeom-Kye(周溓溪), confucianist in Song-Dynasty and You-Bu(劉溥) does not removed grass in front of window (because in chinese, Cho-Charig(草窓) means grass in front of window), and named himself Cho-Chang(草窓). Yoon-Dong-Li(尹東里) followed this suit so called himself Cho-Chang (草窓). 3. The main contents of ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣), (運氣衍論) was written in 1725, when Yoon-Dong-Li(尹東里) was 21yrs old and printed in 1736. The other part of ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣), (用藥篇) was written in 1746. These two parts were not written in the satre time. The (運氣衍論) was written llyears earlier than (用藥). Two parts were combined another day and named (草窓訣). 4. Existing ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣) is transcribed printing with the con tent of "Five elements motion and the six kind of natural factors theory" (五運六氣設). Each edition is generally similar in content, but also has different points each other so naw we hardly finds a complete set of works. 5. ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣) is a first technical book which treats of Un-Ki(運氣) theory in korea. 6. The contents of (運氣衍論) of ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣) is mechanism of diease according to excess and insuffciency of five elements motion and six kinds of nalural faclors.and symploms and priscriptions, includes variated priscriptions. 7. Two parts in (運氣衍論) of ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣), 'Sang-tong' (相通) and 'Kak-Tong' (各通), threats of mochanisim of the disease according to five elements. with the principle of inter-promoting and inter-acting, in the change of ten heavenly stems and five elements motion. 8. In the (用藥篇) of ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣) describes priscription for clinical application according to Un-Ki(運氣) and also records about misuse of medicine. 9. In the ${\ll}$Cho-Chang-Kyeol${\gg}$ (草窓訣), most of priscription are common using one, which also found in ${\ll}$Dong-$\breve{U}$i-Bo-Garm${\gg}$ (東醫寶鑑) and there are few of priscriptions hy Yoon-Dong-Li(尹東里).

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A Study on Creating Stage Spatial Effects through the Utilization of Mobile Stage Sets- Focusing on the Musical <Les Misérables> - (이동형 무대장치 활용을 통한 무대 공간성 창출 방안 연구 - 뮤지컬 <레미제라블>을 중심으로 -)

  • Park, Chul-Hyun
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.3
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    • pp.391-398
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    • 2023
  • This study focuses on the potential for creating spatial and atmospheric effects in small theaters using mobile stage equipment, without being constrained by physical space or theater facilities, for mega musical productions. With the continuous growth of mega musicals in the domestic market, the study analyzes the distribution and sales of musical works in Korea and proposes methods for creating spatial effects in university musical education to facilitate the production of mega musicals in small theaters. The mobile stage equipment is designed based on the principle of the periaktoi, a stage mechanism used in ancient Greek theater and the characteristics of mobile stage equipment used in musicals such as <Notre Dame de Paris> and <Laundry>. The mobile stage equipment is a four-sided column-shaped device, which is applied to the musical <Les Misérables> to derive the potential for creating spatial effects, representing the inner state of characters, and forming the mood of the drama. The study is expected to provide opportunities for performing mega musical productions in university musical education and to contribute to the development of the musical industry and education. The utilization of mobile stage equipment demonstrates the possibility of producing mega musical productions in small theaters.

Study of Rhetorical Puns in Korean Comic Strips in Daily Newspaper (한국 신문만화의 언어유희적 기법 연구)

  • Kim, Eul-Ho
    • Cartoon and Animation Studies
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    • s.10
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    • pp.1-16
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    • 2006
  • This thesis aims to recall the importance of language in comics by studying comic strips in Korean daily newspapers: the comic strips are analyzed for rhetorical puns in its language text as they representatively show the value and role of language in comics. Moreover, Korean comic strips, as they developed into current affairs comics, acquired a stronger media characteristic of communicating information compared to other genres of cartoons. As a result, comics strips have become a genre where language plays an important role and the words needing to be able to convey the meaning quickly and implicitly. Due to tight control of national authority, the language technique developed into an indirect expression rather than a stronger direct imaging technique. The political oppression of the comic strip paradoxically brought on the rhetorical development in the creative techniques. Based on this analysis, the writer studied the rhetorical puns of the texts Korean comic strips by implementing the classification techniques of rhetoric expressions. As a result, through quotes and analysis of actual comic strips, the writer confirmed that Korean comic strips do actually show tremendously vast rhetorical puns in its language application techniques. The writer was also able to conclude that the rhetorical puns in comics were the force entertaining and impressing the readers, and also acting as the creative principle. Concluding this study, the writer emphasizes that language, not only in comic strips, is a combination of words and images and is also an important factor in all cartoons in general. Thus the thesis proposes that the training of humanistic thoughts and linguistic sensitivity are as important as learning to draw in the creation of cartoons.

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Influence of twisting angle between fixed contact and movable contact on arc driving force in 3petal spiral type vacuum interrupter (3petal spiral type vacuum interrupter에서 가동접점전극과 고정접점전극간의 마주보는 각도의 변화가 아크구동력에 미치는 영향)

  • Kim, Byoung-Chul;Yun, Jae-Hun;Lee, Seung-Soo;Kang, Seong-Hwa;Lim, Kee-Joe
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2008.06a
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    • pp.480-480
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    • 2008
  • Vacuum circuit breaker(VCB) is now emerging as an alternative of gas circuit breaker(GCB) which uses SF6 gas as insulating material whose dielectric strength is outstanding. But we have to reduce SF6 gas because SF6 gas is one of greenhouse gas and efforts to reduce greenhouse gas are now trend of the world. Therefore, we can say VCB is the optimal alternative of GCB because vacuum is environmentally friendly. The vacuum interrupter is the core part of VCB to interrupt arcing current. There are mainly two methods to extinguish arc. One is radial magnetic field (RMF) method and the other is axial magnetic field (AMF) method. We deals with RMF method in this paper. Compared with AMP, RMF arc quenching method has different principle to extinguish arc. In case of RMF method, pinch effect is much larger than AMF method. Because of pinch effect RMF type contact electrodes have the single large spot which is severly damaged and melted while AMF type contact electrodes have small and multiple spots which are slightly damaged and melted. To prevent contact electrode being damaged and melted from high temperature-arc, RMF method uses Lorentz force to move arc. In this paper we calculated and compared the arc driving force of two cases and we analyzed the force acting on each part of arc by means of commercial finite element method software Maxwell 3D. They have 3petals and we considered two cases. One is the case when fixed(upper) and movable(lower) contacts are in mirror arrangement (Case 1). The other is the case when one of two contacts (movable contact) is revolved at maximum angle as possible as it can be (Case 2). And at each case above, we analyzed arc driving force at two positions, position 1 is the closest to the center of contact and position 2 is near the edge of petal on fixed contact. As a result we could find that Case 2 generated stronger arc driving force than Case 1 at position 1. But at position 2 Case 1 generated stronger arc driving force than Case 2. This simulation method can contribute to optimizing spiral-type electrode designs in a view of arc driving force.

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Exploring Elementary Teachers' Difficulties on Teaching Science by Analyzing Questions in an Autonomous Online Teacher Community : Focusing on Physics Questions in Indischool (자생적 온라인 교사 공동체의 질문분석을 통한 초등교사의 과학 교수 관련 어려움 탐색 -인디스쿨의 물리 관련 질문 게시글을 중심으로-)

  • Kim, Yunhwa;Yoo, Junehee
    • Journal of The Korean Association For Science Education
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    • v.39 no.1
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    • pp.73-88
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    • 2019
  • The purpose of this study is to explore elementary teachers' difficulties on teaching science by analyzing questions that have been posted for a long time in an autonomous online teacher community named Indischool. For this purpose, 409 question postings(the 2007 and 2009 revised curriculum, third to sixth grade) were analyzed using the framework for analyzing questions about elementary teachers' science teaching(modified from Alake-Tuenter et al., 2013). The study revealed that there were more science-SMK questions than science-PCK questions, and most of the questions were 'about lenses' and 'in 2014 and 2015, when the curriculum was changing from the 2007 to the 2009 revised curriculum'. The long-standing difficulties in science-SMK were 'an application of facts and concepts in lenses' and 'an unexpected experimental error in electricity'. In particular, there are the principle of transparent cup-shaped objects acting as lenses, the process of image formation by convex lenses, experimental errors of 'compass movement due to current flow change' and experimental errors 'serial connection of bulbs'. The long-standing difficulties in science-PCK were 'understanding and response to context' and 'understanding and response to aims mentioned in standard document' and these are not related to physical units but to others. In particular, there are request class materials, activity ideas at the end of the semester and understanding the national curriculum guidelines. These teachers' difficulties should be reflected in the science teaching support system like a teacher's guide compilation, teacher's training curriculum development, etc.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Education of Humanistic Tendency of Kerschensteiner (케어션스타이너 교육사상의 인문적 전통)

  • Kim, Deok-Chill
    • Journal of Fisheries and Marine Sciences Education
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    • v.13 no.1
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    • pp.117-131
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    • 2001
  • The character of the educational tradition of Germany could be divided into two aspects. One is the humanistic liberal tendency and the other is vocational. From the beginning of the Twentieth Century, however, there has been an attempt to unify these two trends by the . Georg Kerschensteiner is the first of importance to make some comprehensive curriculum for this goal. In Kerschensteiner, the genuine education makes the individual assume his work and role in society, and to develop them by cultivating insight, will and power. His view is well expressed in the slogn "The vocational education is the beginning of the humanistic education." His goal is to make men of independence and autonomy through vocational education. The theory of Kerschensteiner's education is called 'general vocational education'. The reason why is that his vocational education concerns not just technical training for industry, but also general liberal arts. In this point, Kerschensteiner's point of view goes back to Wilhelm von Humboldt, neo-humanist afar in the first half of the Ninteenth Century, and to John Dewey, pragmatist in the contemporary age of Kerschensteiner. Kerschensteiner was much influenced by Humboldt's concepts of power and individuality. These concepts came to be embodied as a principle of vocational education in Kerschensteiner. Furthermore, Humboldt's concept of power could be associated with Dewey's theory of reflexive thinking. The power in Humboldt is to create spirit, which is connected with the world outside through language. The reflexive thinking of Dewey is a process that examines and selects some alternative thinking in the consciousness before acting. This process makes one find the method of problem-solving which results in behaviour. That is the experimental spirit or pragmatic behaviourism. These theories are reduced to the concept of 'work' in Kerschensteiner. And Kerschensteiner's theory of education that has both sides, humanistic and vocational, is similar to that of John Dewey. Dewey brings forward the idea that the vocational education is the best way to cultivate intelligence and emotion, as intelligence operates best in the life. The position of Dewey is in accord with that of Kerschensteiner who intends to cover experiences of various fields of society through practice-learning, and to have knowledge got from outside of school, refuting the misled trend of education isolated from real life. However, there is some difference between Kerschensteiner and Humbolt or Dewey. While the Neo-humanism of Humbolt and the pragmatic education of Dewey put emphasis rather on the liberal arts and culture of individuality, Kerschensteiner is concerned more with the work and life of the reality of society as a group. Kerschensteiner's concept of utility is related to education for the whole man and to the work of the individual and the nation as well as the will and power to practice it. The ideal man of utility of Kerschensteiner is to learn perfectly the value and behaviour of society through vocational life and to have right view of the state establishing a sound mutual relation between individual and state. Kerschensteiner is regarded as a devotee of 'the state of harmony' or 'the ideal of the state', as he makes the state as the criterion for defining the role of the individual. It can be said that Kerschensteiner is not a democrat of the American style as Dewey is, as he makes much of the value of the nation and state. However, he is a humanist and democrat in the point of vocational education. His purpose of education is to make whole men through work and vocational education.

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