Due Diligence When Buying Real Estate

Due Diligence When Buying Real Estate Due diligence is generally defined as thorough research before signing a contract, especially one involving a purchase or sale. Within a real estate context, it usually refers to a stipulated period within a real estate contract for a buyer to investigate the property in question to ensure that they are satisfied with it before the purchase is finalized. However, long before any initial offer is made, properties considered for real estate investment should be assessed as thoroughly as possible using all publicly available information. This is known as preliminary due diligence, and can involve property visits, and/or discussions with brokers, and with your advisors, such as your attorney or financial advisor. Proper due diligence beforehand will save you considerable headaches afterwards. © Shutterstock.com | ScandinavianStockThe stipulated due diligence period includes your review of the seller’s documents and your own independent investigation. In this article, we will explore the due diligence period in real estate contracts, including 1) due diligence when buying commercial and residential real estate, 2) title review, 3) real estate surveying, 4) zoning, 5) property inspections, 6) environmental inspections, 7) real estate leases, and 8) real estate appraisals.DUE DILIGENCE WHEN BUYING COMMERCIAL RESIDENTIAL REAL ESTATEOne of the main reasons for preliminary due diligence is important in commercial and residential real estate transactions is so that the buyer can properly assess the property’s value to formulate an offer strategically. Many of the documents that allow you to explore a property’s net profitability are only available to the buyer after an offer has been made. However, fundamentally, when valuing commercial property, income production is cri tical. The key ratio to determine here is the Net Operating Income (NOI), which is equal to income minus operating expenses (not including taxes and interest), and should be one of the key factors in determining how much you are willing to pay for the property.Commercial real estate The primary reason critical reason due diligence for commercial real estate is so important is to ensure that the buyer knows exactly what he/she is purchasing. The stipulated period usually begins after the prospective purchaser has made an offer, the seller has accepted the offer pending the due diligence period, and the buyer has placed a down payment in an escrow account to be applied towards the purchase and lasts anywhere from 30 days to more than nine months. It should involve physical inspections of the real estate, an assessment of related-environmental conditions, a review of the title, zoning requirements, contracts, leases, and surveys, partially through a review of documents the seller provi des. These should include copies of:The deed;Information on current tenants;Existing, actual uses of the property;Zoning documents indicating allowable uses of the property;Any seller inspections;Land and improvement surveys;Current title insurance;Other insurance;Any notice of pending legal and/or government action;Environmental assessments;Any special assessments or taxes;Copies of any property bills;Any service contracts;All construction plans in the seller’s possession; andWarranties for any construction.Beyond the document review, the buyer should conduct an independent investigation. You can request that the seller conduct, and/or pay for some of the third-party assessments you may want to inspect, and negotiate them into the contract.Residential real estateJust like with commercial real estate, you should thoroughly assess the value of and market for a residential real estate property before making an offer. With residential real estate, there are fewer objective measures o f valuation of property, especially single-family residences. If the family is a multifamily unit, review the income the property generated in tandem with property taxes, and utilities. With single-family residences, comps, real estate appraisals, and local real estate trends are your best bet for valuing the property.The due diligence period for residential real estate purchases typically lasts 30 days, with 10 to 15 days to inspect. During this period, you should review:The deed and title reviewSurveying documents;Zoning documents;Property inspections;Property appraisals;Environmental assessments; andInsurance documents, and any other available documents.Understanding Real Estate Investments: Due Diligence TITLE REVIEWThe first thing is to review the title, which should be â€" unless you are buying a distressed property â€" clear of any liens or other claims against it. The title is the transferable right to the property, which you must ensure the seller actually has (and often mi staken with the deed, which is the document used to transfer the property to another). Typically, the seller makes sure they can convey a clear title before they put the property on the market. The title review period for commercial real estate purchases are similar, and involve reviewing all claims against the property â€" what is known as a title search. To protect yourself in case the title search misses a claim against the property, which then reveals itself after you’ve purchased the property, you will want to purchase title insurance, which makes the policyholder liable for such claims.Commercial real estate title reviewYou will likely receive a document known as a PTR (Preliminary Title Report) from a title insurance company, which will include a description of the land, the type of estate, who has title to the estate, and any claims to the estate. When reviewing the title commitment, you should look for any Exceptions to or exclusions from the title, which will define any known claims to the property by others, such as by taxing agencies. PTRs may also list liens, restrictions, special assessments, and more. All should be carefully examined by your real estate attorney so that you are clear on what you are purchasing, what rights you will have, and what, if and, rights others, may have.Residential real estate title reviewA title insurance firm likewise conducts the residential title search. When you purchase a residential property using leverage, the lender typically wants you to purchase a clear title. When the title insurance company finds a claim, such as a lien against the property, the seller is informed and typically must redress it. Once a title is clear, the title insurance company issues a title commitment â€" a statement indicating that they will insure the property. The lender will then likely approve the mortgage. In the case of distressed properties, you may have to agree to satisfy existing liens (such as environmental, judgement or mec hanics’ liens) at closing in order to receive a title commitment.  REAL ESTATE SURVEYINGWhatever property you plan to purchase, surveying allows you to see exactly what the land underlying the property is. You should know whether any nearby entity has an easement a right pass through to any part of the land you plan to purchase, or whether there is an encroachment a portion of someone else’s property intruding on what you plan to buy. There may also be other covenants conditions and/or restrictions tied to the land, all of which are essential to know before making a purchase.Commercial real estate surveyingEasements and restrictions can cause more headaches for a buyer than zoning regulations, particularly if you plan to renovate or expand the property. Look for a survey from ALTA the American Land Title Association, which is prepared by a licensed surveyor in accordance with the Association’s standards. Typically, title insurers want to see the results of an ALTA survey b efore issuing a commitment. The survey will include information on encroachments on to the property you intend to purchase; encroachments the property you intend to purchase has on neighboring properties; and easements that affect the intended property.Residential real estate surveyingSurveys should be current; many lenders will not honor one more than six months old. Most residential real estate purchasers obtain house location surveys, which are cheaper. However, the title insurance firms will not consider these surveys in coverage of encroachments and boundary line disputes. To get title insurance that covers these issues, you should also get an ALTA survey when purchasing residential real estate as an investment.  ZONINGZoning certifications are available from planning offices of the jurisdiction in which the property is located. The buyer should ensure that the building is currently in compliance with existing zoning regulations. Further, the buyer should learn of any planned z oning changes that may adversely affect their intended use of the property by speaking with representatives from the local zoning office.Zoning for commercial real estate  Owners of commercial real estate property should ensure that the property currently complies with existing zoning regulations, especially if they plan renovations, development, or further expansion. Zoning also includes assessments, exactions, and impact fees â€" which can directly impact how much net income you can expect to generate. After you purchase the property, it is critical to keep abreast of developments in the city’s zoning plans.Zoning for residential real estate  Residential zoning laws, like commercial ones, vary from city-to-city, and state-to-state. Knowing what they are and making sure that you and your tenants are in compliance is key. Tenants who decide to operate a home-based business in the apartment they lease from you, for example, may earn you a fine. It is likewise critical to keep abrea st of zoning plans; a city deciding to develop commercial property could re-zone your property and pressure you to sell (though they cannot force you to do so). Know beforehand the applicable zoning laws and forecast what they may be during the time horizon you plan to hold the property.  PROPERTY INSPECTIONS  All building inspections should be done by a certified third-party to ensure that the property is up to code, and structurally sound. Buyers should look for a current one or stipulate that one take place during the due diligence period.Commercial real estate inspectionsInspections of commercial real estate will typically cover roofs, HVAC, electrical, heating, plumbing, and structure. They look at lifespans of these systems, which typically are, all other things held constant, 10 to 15 years for a roof, 40 to 60 years for plumbing, 50 years for electrical systems, 15 to 17 years for HVAC systems, and 70 to 100 years for the underlying structure. Commercial inspections average $0.10 per square foot. They will also typically include parking areas, among other areas of a commercial property.Residential real estate inspectionsThese inspections cover the same areas as commercial real estate inspections, as well as pest infestation, chimney inspections, water quality, exteriors and interiors, and other areas. They typically start at $325.00, and should take at least two to three hours to ensure thoroughness. Time permitting, you should attend the home inspection with the inspector to ask questions and learn to spot issues with other properties you may purchase in the future.ENVIRONMENTAL INSPECTIONSEnvironmental inspections are critical, but are more of a significant issue for commercial properties whose owners and/or tenants may be purchasing environmentally harmful waste products in large quantities. The property you intend to buy may have suffered environmental damage from previous use, which may affect your intended use.  Commercial real estate environment al inspectionsFor commercial properties, environmental appraisals begin with a Phase I Environmental Report, which will indicate whether there are serious problems requiring remediation. These reports not only include appraisals from licensed third parties, they also include reviews of state and federal compliance agencies of the property in question. If there are, what typically follows is known as a Phase II investigation, which usually involves further testing.Environmental assessments when buying residential real estateResidential property purchases also involve environmental assessments, by licensed assessors selected by title insurance firms. While Phase I and Phase II assessments are not required, it is in your best interest to obtain the most thorough environmental assessment available to ensure you have full use of the property. In 2012, a New Jersey homeowner who did no pre-purchase environmental assessment was found liable for damage done to his neighbor’s property from an old oil tank on his property left there by the previous owner.  REAL ESTATE LEASESAs mentioned earlier, you should evaluate the income generated by the existing leases to valuate the property. However, you should also look at tenant files and credit-worthiness, as well as personally assess the condition of their leased space to corroborate the seller’s assessment of the property’s condition. Other documents you should evaluate in tandem with existing leases include existing loan documents; insurance documents, which may provide further information, and possibly a risk assessment from the insurer; and utility expenses and property taxes, as you are on the hook for them when the property is vacant.Evaluating existing commercial real estate leasesSome experts suggest that you review the NOI for the preceding three years to properly project income. You should also review the previous period’s actual operating performance, rather than the pro forma statements, which may give yo u a misleading portrait of how well the property is doing. You should also thoroughly review the lease terms and periods, and tenant files, interviewing tenants directly if possible, as they will be yours to manage shortly. During the due diligence process, ask the seller to keep you abreast of any tenant problems that occur during the process to get a feel for any problem tenants.Evaluating existing residential real estate leasesBeyond reviewing leases for income projections, review them for any clauses related to access of the leased space, renovations, and selling the property should you be interested in flipping it. Also, make sure that the seller informs you of any amendments they make to the lease during the due diligence period. And make sure the seller credits you for the tenants’ security deposit at closing.REAL ESTATE APPRAISALSOne of the most critical aspects of the real estate purchasing process, real estate appraisals will be a key determinant in any assessment of the property’s value. This is what the seller used to determine their price, what lenders will use when determining how much they will lend, and what tax agencies will use when assessing taxes.  Commercial real estate appraisalsCommercial real estate appraisals assess the physical plant, zoning records, geo-demographic information, and comps to value a property. You will want to make sure the one the seller provides is current, and get one done yourself during the due diligence period to corroborate the one provided you by the seller. You will want to share with the appraiser the intended use of the appraisal and what it will be used for. Types include a fee simple interest â€" the value of property; a leased fee interest â€" the value of the property when leased; or a leasehold interest the value of a leas to a tenant. Commercial real estate appraisals can range from $2,000 to upwards of $3,000.Residential real estate appraisalsLicensed residential real estate appraisers typically u se the sales comparison approach â€" which emphasizes comps; the cost approach â€" which looks at the replacement cost of the property; or the income approach â€" to develop an initial opinion of value. You should be clear on the approach, date of valuation, and independence of the appraiser when reviewing the appraisal.Outline for Real Estate Due Diligence (Property Inspection)

Sexual Offenders Is The Most Vilified Type Of Offenders...

Sexual offenders are the most vilified type of offenders within public opinion and the criminal justice system. The American precedent cases of Jacob Wetterling, Pam Lyncher, Megan Kanka, and other notorious crimes perpetrated by sexual offenders with a prior history of conviction have demanded a response from the criminal justice system to increase public safety. In 1994, the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Program was passed (Scholle, 2000), the first piece of legislation to advocate for the development of state-maintained registries of convicted sexual offenders. The legislation has been amended numerous times since then; in its present state, the law requires all states to maintain a registry, the mandatory registration of convicted sex offenders after release, community notification laws in place, and public access to the registry (Burchfield and Mingus, 2012; Lees and Tewksbury, 2006; Petrunik, Murphy, and Fedoroff, 2008; Scho lle, 2000; Tewksbury and Lees, 2006; Wagner, 2011). Sex offender registry laws were intended to increase public safety and to reduce the reoffending rates of sexual offenders. However, this paper will argue that registration has no effect on recidivism rates and that the law actually negatively impacts rehabilitative goals because of the unforeseen issues stemming from registration. An analysis of the existing body of literature concerning registration from the United States will address the

Plato and Confucius Essay - 2913 Words

Plato and Confucius There are thousands of credible philosophers for people to study today, therefore the choice of who to study becomes a burdening task. Each single one has amazing knowledge and insight that we could all learn something from. There are people who don’t call themselves philosophers but bring philosophical thought to us, and then there are those who dedicate their lives to the love of wisdom. Philosophers have existed for thousands of years, and as long as the sun comes up, there will be philosophers in the future. The human mind is made for philosophizing. So as we young, blossoming philosophers try and make sense of the world in general and the philosophical world specifically, we must find people to enlighten us and†¦show more content†¦Plato is one of the most incredible and though provoking philosophers of all time. He demonstrates his intellectual capacity and vision in his work, Republic. Plato is essentially the mouthpiece for Socrates in this book, and they foll ow the dialogue form throughout the book. The essence of his thoughts in Republic is that justice is inherently good, the best way to live, and should be sought after in every way. He faces many tough arguments with those he is trying to convince, but eventually shows everyone, including the reader, how important justice really is. He helps put into perspective that a just reputation is appealing to everyone, but the intrinsic value of justice is ever more important. Plato goes into some incredibly complex and often surprising arguments about why justice is such a necessity in both civilizations and each individual. Plato emphasizes the importance of the values he knows to be best during the book, and a couple of those happen to be truth and wisdom. By pursuing both, he thinks people would be naturally inclined to opt for a just way of life. The thoughts and topics he delves into are simple in a way, but are infinitely complex when you take a step back and define or assign meaning t o the concepts of truth and justice. The way we look at justice or truth is dependent upon what we assume both concepts mean. Plato clarifies these definitions because it gives clear meaningShow MoreRelatedPlato and Confucius4610 Words   |  19 Pagesbetween Confucius and Plato. Both taught through means of dialogue, and both expressed reticence to provide direct definitions. Both advocated contemplation and education as the means for moral attainment, and both sought to balance contemplation with service. Both sought to apply their moral theory to public office (though both failed). 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When Wolfe discusses Confucius and Plato, he states first states that they both agree that only virtuous people could create a peaceful community, but Confucius believed that all humans were good, and Plato believed that people were too easily deceived by greed. I have to say personally that this work is very important for a couple of reasons. I feel that the

Culture in Organization Free Essays

What do you see as the main organizational problems that are likely to be associated with implementation of a transnational strategy? The transnational strategy is an international marketing method that â€Å"seeks to combine the benefits of global-scale efficiencies with the benefits of local responsiveness† rather than settling for the limitations of either strategy. The transnational strategy also strives for local responsiveness and external flexibility within the foreign subsidiaries at the cost of integration.The transnational strategy creates a mutually dependent relationship between the central hub and foreign subsidiaries, thereby empowering both worlds. We will write a custom essay sample on Culture in Organization or any similar topic only for you Order Now The strategy also becomes difficult to implement due to its conflicting nature. Most firms find it difficult to implement transnational strategy. In the long run, almost all firms want to include some elements of localized decision-making because each country has its own eccentric characteristics. For example, very few people in Japan prefer a computer that includes English-language keyboard. Another example would be how Coca-cola differentiates its ingredients for each country.Consumers in US prefer sweeter coca-cola while Chinese consumers prefer less sugar. There are several issues associated with implementing transnational strategy. Organizational issues include: Cultural differences, Language barriers, Geographic barriers, technical challenges and sound knowledge of local market. Implementation difficulties include communication issues, trust issues, multiple roles, flexibility and cultural issues, among many others. For example, with GM, some European operations may need to collaborate with operations in Latin America.Significant performance ambiguities may occur with transnational strategies. A way to address these challenges is with a very strong culture and many integrating mechanisms. I personally believe that handling the technical challenges would be the most critical of all challenges. While, information technology and improvements in global telecommunications are giving international firms more flexibility to shape their global strategies, not many managers are willing to adapt to the change. The IT systems department needs to be up to date and should be unctioning smoothly at all times. The advances in communication technology coupled with the authority and affordability of information technology, has transformed the way companies conduct business both nationally and internationally. The affordability of these technologies has allowed smaller companies to compete in markets dominated by large companies as well as compete in progressing and new markets. As the technology has progressed, businesses have also gradually engaged in international business as the tools and opportunities have been presented.Transnational operations can provide organizations with many advantages in several different levels, and if managed correctly, the organizations can offset the possible problematic aspects that exist, providing these organizations with an optimized structure that can transform the business into a successful company operating globally. Disadvantages are if not properly accoun ted for and controlled, transnational operations can present several aspects that can negatively affect an organization.Among these aspects are technological infrastructure of the foreign nation, political and economic stability, cultural difference, and technical knowledge. Understanding the particulars and differences of the foreign nation is fundamental to the success of business conducted in an international environment. Not every country has access to the technological infrastructure enjoyed by most first and second world countries. Also, not all business segments may have access to highly efficient communication networks or infrastructure. The price of such services may be disproportionate and out of the reach of most small businesses.For example, India still does not have Internet facilities everywhere and cost for using them is exorbitant. Traditionally, technological innovations in developing nations are significantly higher in price and, in terms of communication infrastructure, also less reliable. Even when readily available, the local service levels may be below the standards that the organization requires. Given that optimal communication and efficient communication channels are essential to the success of international business, the infrastructure available needs to e clearly understood and alternatives to account for communication must be in place prior to the commencement of business operations in the foreign nation. Problems in infrastructure can lead to difficulty in the transfer of work or meeting project deadlines and can lead to quality issues. Another major difficulty of the transnational operation is to design an organizational form that is capable of being efficient and responsive, and which enables the transfer of knowledge across locations.In addition to the basic structural issues in designing a global organization, a company must decide to what extent: decision making should be held in a few key centers (centralized) or distributed to a large number of business units (decentralized). According to me, decisions should be made at both a centralized and decentralized level depending on the company’s needs. There needs to be a mix of informal and formal integrating mechanisms. Differences in culture can present several issues. If not managed properly, these issues can turn into major disadvantages. An atmosphere where there is a respect towards local customs needs to be established and simple actions such as having an understanding of local holidays, cultural customs, religious traditions, and language variances can make the organization have a corporate culture that transcends borders. Finally, transnational organizations have the inherent advantages of flexibility, diversity, global market reach, and efficient cost structures, among several others.Even though several disadvantages have been presented, the commodization of bandwidth technology and the globalization trends of economies and politics are driving companies to meet an ever-expanding global market. As these tendencies continue, fueled by the expansion in use and popularity of global communications, the disadvantages will be reduced at a similar pace. While issues such as quality of work and service levels that have traditionally plagued interna tional corporations, the evolution of technologies and the experience gained from transnational operations are also vastly improving these areas and thinning the negative view. How to cite Culture in Organization, Papers

Political Power in Nursing

Traditionally defined as â€Å"special kind of a social relationship† (Fairholm, 2009, p. 5), power can be applied to practically any field and alter it significantly. The concept of political power, in its turn, is typically rendered as the hierarchy of the people exercising and producing it (Chaplin, 2009, p. 43).Advertising We will write a custom essay sample on Political Power in Nursing specifically for you for only $16.05 $11/page Learn More The very essence of political power, as well as its nature, however, is yet to be identified, as â€Å"its proper definition remains a matter of controversy† (Baldwin, 2013). It could be argued that power in general and political power in particular exists in every single domain that people control (Chaplin, 2009, p. 44). In nursing, power is viewed as the access to â€Å"intertwined resources such as wealth, education, political influence and economics† (Daly, Speedy Jackson, 2014). The s pecified definition embraces the concept of political power on nursing; therefore, making it obvious that the political choices made in a specific state affect the quality of the nursing services provided to the residents. To be more exact, the political choices made by the state authorities affect the amount of opportunities for the provision of nursing services, as well as the quality thereof. Nursing and How It Affected My Christian Worldview The concept of power in nursing in general and the influence of certain political powers on the specified area in particular have altered my view on the subject matter slightly. Although I must admit that it was not very shocking to find out that political events affect the flow of a range of nursing processes, it still seems striking that politics and healthcare are related to each other this closely. It seems wrong that political forces dominating a certain state dictate specific rules to the nursing department, therefore, affecting not on ly the experts in the specified area but also the lives of millions of patients. From a Christian viewpoint, the situation under analysis can be interpreted as rather controversial. On the one hand, by opening the realm of nursing to the political forces of the state, one may facilitate safety of the patients and even enjoy opportunities for better funding, not to mention the fact that successful foreign policy allows for collaboration with influential international companies providing nursing related products, such as medicine and equipment (Choudhuri, 2012). Therefore, the effects of politics on nursing can be viewed as striving for greater good and helping those in need, which aligns with the principles of the Christian faith (Wiersbe Wiersbe, 2012). On the other hand, depending on the political regime, the process of controlling the nursing field executed by those beholding power may trigger a significant drop in the quality of nursing services, as the people supervising the ke y nursing processes on the statewide level are likely to have little idea of nursing and its goals. Thus, the introduction of political power into nursing does not seem reasonable in this case.Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Nursing and My Current Role in It However, once the effect of political power in nursing is restricted to facilitating the processes of communication with international partners, as well as providing financial and social support for nursing services and the people requiring the latter, the effects of power in nursing may turn out to be entirely positive. More importantly, political power may be used as the tool for reinforcing the process of raising awareness on a range of issues that pose a threat to people’s health on national and international levels.  Raising awareness as one of my current roles in nursing is crucial to preventing and addressi ng a range of health issues; by inviting people to learn more about the subject matter, political forces will help increase health rates not only across the state but also worldwide. Reference List Baldwin, D. A. (2013). Power and international relations. In W. Carlsnaes, T. Risse B. A. Simmons, Handbook of international relations (273–297). Thousand Oaks, California: SAGE. Chaplin, J. R. (2009) Paradigms of political power. New Brunswick, New Jersey: Transaction Publishers. Choudhuri, B. (2012). Public services and international trade liberalization: Human rights and gender implications. Cambridge, England: Cambridge University Press Daly, J., Speedy, S. Jackson, D. (2014). Contexts of nursing. Philadelphia, Pennsylvania: Elsevier Health Sciences. Fairholm, Gilbert W. (2009). Organizational power politics: Tactics in organizational leadership. Santa-Barbara, California: ABC-CLIO.Advertising We will write a custom essay sample on Political Power in Nursing specifically for you for only $16.05 $11/page Learn More Wiersbe, W. W. Wiersbe, D. W. (2012). 10 power principles for Christian service. Grand Rapids, Michigan: Baker Books. This essay on Political Power in Nursing was written and submitted by user Valentin Sweeney to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Whitmans Masculinity and Femininity in Song of Myself Essays

Whitmans Masculinity and Femininity in Song of Myself Essays Whitmans Masculinity and Femininity in Song of Myself Paper Whitmans Masculinity and Femininity in Song of Myself Paper Essay Topic: Leaves Of Grass Poetry The Poetry of Dh Lawrence All Whitmans poems, not merely the Children of Adam poems and the Calamus poems, are love poems of blatant sexuality and amativeness, which was frightening to some of those who read and liked him and was a real bugbear to those who charged him with writing filthi without bothering to read them. However, sex, this rejuvenation or rebirth or new life is taken by Whitman as a proof of the affirmative and ascending nature of Gods world and of humanity itself. Sex is not something debasing or something to be whispered about behind the hand, but deserving the highest celebration. In Song of Myself, masculinity and femininity, the two components of sex, are chanted by Whitman; and whats further, Whitman brings together these two seemingly polar opposites and synthesizes them to form a new wholeness at a higher level where he unlocks his own inner reality and truth. As a start, it is essential to list some of the apparently opposite concepts that are such an integral part of all the poetry of Whitman. Group 1: arrogant, activity, day, sun, life, body and adhesiveness; group 2: docility, passivity, night, moon, death, soul and amativeness. All of the words in group 1 relate to masculinity and those in group 2 to femininity. Strangely, the words in the two groups are not opposite at all in Whitmans poetry, as they would be with most poets; instead, they are dual aspects of a new cosmic self. Whitman is attracted to energy-drawn by its glorious, magnetic charge, which is evidenced in all his poetry. Since reproduction is the prime energizing force in the universe, it would be impossible for Whitman to neglect its power. In Song of Myself, masculinity is explicitly depicted: it was the sweating, muscular laborers, not the pale bank clerk that hold Whitmans attention and love. He sings for the carpenter, the pilot, the blacksmith; sings for their strong arms, grimy and heavy chest and their sexual bodies. As well, masculine heroism can find its great expression in Song of Myself: Whitman imagines himself as a mashed fireman, exhausted but not so unhappy; as old artillerist against the attacking cannons, mortars, and howitzers. And further research will reveal that, all these masculine and aggressive elements within Whitmans descriptions relate to Whitmans own image. It was Whitman himself in his unsigned review of Leaves of Grass who depicted its author as one of the roughs, large, proud, affectionate, eating, drinking, and breeding. Clearly, in all these masculinities, there was always a bit of dandy in Whitman and a rather formidable streak of Narcissismiii. Actually, Whitman was in love with the masculine image of himself; and it is the feminine elements of his being, at the very core of his making-up, hold this love. Moreover, penetrating into these masculine physique and vitality, it exposes that Whitmans inner nature is primarily passive and feminine, which might explain why he becomes ecstatic when he describes the masculinity of energetic men, typically, in Section 12 of Song of Myself where the poet is describing the blacksmiths: The lithe sheer of their waists plays even with their massive arms. Besides the firm masculinity and heroism, there are also many instances in Song of Myself where Whitman tends to view himself as Christ. In section 10, the poet is sheltering a run-away slave and showing his democratic (Christ like) brotherly love: Though the swung half-door of the kitchen I saw him limps and weak,/And went where he sat on a log, and led him in and assured him,/ And brought water and filled a tub for his sweated body and bruised feet /I had him sit next to me at table-my firelock leaned in his corner. In section 48, he declares, In the faces of men and women, I see God, and in my own face in the glass. Whereas Christ was masculine in his courage, in his rebellion against the established order, and in his stoical attitude at his crucifixion, Whitman is also feminine in his passive humility, in his tender compassion and love for others and in his ability to calm and to take care of others. A third expression of masculinity is his boastful tone and his masculine outflo w of his innermost feeling. When Whitman speaks in Song of Myself as the cosmic I, as distinct from the personal I, he seldom writes, I said or I think or I state. Like Emerson, he does not qualify and hedge in his statements. He asserts. Few poets who have written in the English language have used the active, concrete verbs with such boldness and artistic excellence. The assertions of Whitman are far too grandiose to be contained by the standard verse forms of his day or to be restrained by rhyme or regular meter. And because Whitman is a spontaneous me rather than an intellectualized me, he must sing, or chant, or carol, as he rises and falls from peaks of ecstasy. His message is not intellectual; it is anti-intellectual; it is not moral; it flows beyond and beneath morality into a beautiful and loving amorality. It springs from a feeling, a fusion, and an accompanying certitude that is at the very core of his being. It is made possible because he is the reconciler of apparent opposites (masculinity and femininity), which are, when properly understood, not opposite at all. iv Therefore, in this stage, it is safe to conclude that, behind all the masculinities he chants in his muscularly assertive tone, Whitmans inner nature is primarily passive and feminine. Because He is an absorber, who receives and accepts all into himself. He is a Cosmic Eye who searches out and seizes all, a Cosmic Sponge who absorbs and contains all. v And after the process of absorption, the poet becomes a translator, I wish I could translate the hints about the dead young men and women. What occurs in Whitmans translation is that he accepts the peculiar and concrete as symbolic or representative-a gigantic beauty of a stallion-and then quickly fuses the particular into a cosmic view where it is elevated and submerged in deeper meanings far beyond its own limitations. vi While the masculine elements Whitman extols, explores and glorifies in Song of Myself is in a variety of its implications-firm muscularity, heroism, and the democratic (Christ like) concept of brotherly love, femininity in this poem is of a very special kind. Women of the ultra feminine, dainty and charming type are totally absent in Whitmans verse. Instead, women in Whitmans poetry are glorified for their masculine strength rather than their feminine delicacy; they are mostly down-trodden and among the laboring classes: females he sings for in Song of Myself are the prostitute draggling her shawl, her bonnet bobs on her tipsy and pimpled neck. and the clean-haired Yankee girl working with her sewing-machine, or in the factory or mill. Another female image in Whitmans poetry is mothers and mothers of mothers. Whitman obviously has an enduring and tremendous respect and praise for them. His deification of motherhood is apparently in section 21 of Song of Myself, And I say there is nothing greater than the mother of men. This veneration for motherhood is understandable, because Whitman owns warm feelings for his own mother and motherhood is the visible evidence of procreation-the force that is vital to life and to his poetry. Such unordinary femininity, for one reason, may be a result of Whitmans widely known homosexuality: as is deduced from his relationships with Sergeant Thomas P. Sawyer and Peter Doyle, Whitman was homosexual and played a passive and dependent role in his unusual instances. Thus, torn apart by these deeply felt emotional attachments, Whitman always appreciates the masculinity of women and is naturally afraid of these very feminine women, because they are rivals for his subconscious love objects. However, a further examination within a wider social background will show Whitmans homosexuality is only a superficial reason for this particular femininity. The decades of the 1850s was the most creative period in Whitmans life and it was also the highlights of the national movement of womens rights. Whitman felt great sympathy, affection, and admiration for the feminists, such as Chilton and Menken; he encouraged them to struggle for womens equal rights to men. Thus, it can be understood that, by depicting women in such a masculine image, Whitman, does not mean to represent them as D. W. Lawrence commented on Leaves of Grasses: muscles and wombs, they need not have had face at all; rather, it is a cosmic or leveling effect Whitman achieves by not making distinction; the masculine image of women actually is a reference which holds the women just as great as the men; and the mother the melodious character of the earth, the finish beyond which philosophy cannot go and does not wish to go. vii To sum up, in Song of Myself, Whitman deals with both the active masculinity and passive femininity and unites them to unveil his cosmic self. The reason that this fusion, the wellspring of his poetry is so complete, so candid, and so persistently exciting is that both the passive (feminine) and the active (masculine) components were blended and united within Whitman. It was his total acceptance and emotional extension of his own identity, with his joyous pride in its inclusiveness that gave America the miraculous volume. In addition to the joining together of body and soul, it was a synthesis of the masculine and feminine within Whitman, which caused the mystical vision and inspired his poetry. viii His poetry can be viewed as a child of this blending; therefore, its rhythms are necessarily sexual, since the fusion itself is emotional, subjective, and sensual rather than logical. Therefore, only by accepting the fact that all things, while still retaining individual identity and dignity, are in a deeper sense symbolic representatives of the same things, and that all things contains not only themselves but their apparent op posites, can the reader lose and then find himself in full freedom of Whitmans cosmic version. Only when we realize that Whitman is not a conscious and deliberate rebel, nor a mere chauvinist, nor a naive optimist, nor a discursive egotist-only when we grasp the wholeness of man and his love and vision-can we finally learn to feel him aright. For Whitmans poetry ranges beyond all studies and analyses; it is to be read aloud, to be sensed, to be absorbed, to be fused with-just as the poet fused the diverse elements of life and the contending elements of his own personality, accepting them in such a way as to create the most remarkable volume of poetry in 19th century in America. Finally it is necessary to be clearly aware that there is really no duality of paradox or ambiguity or opposites in the representation of the various masculine and feminine elements in Whitmans poetry, which has been demonstrated in Song of Myself. Day-man-life is not really separated from night-woman-death. x They all merge to become a whole; all are of equal value; and all lead to new birth and a higher level of a Cosmic self. xi As Whitman himself affirms, Out of the dimness opposite equals advance, always substance and increase, always sex. Or again, the ultimate affirmation: All goes onward and outward, nothing collapses.

The Clash - Smart Custom Writing Samples

The Clash - Smart Custom Writing Literary Analysis of Jean-Paul Sartre?s ?The Wall?Jean-Paul Sartre authored â€Å"The Wall† a collection of short fictional stories that was published in 1939. This book is set in Spain and its Civil War acts as the backdrop. In this book, three men have been sentenced to death by the Spanish Fascists. They are put in reclusion or a cell, and a static character, the Belgian doctor observes their mental torture on the last night before being subjected to the firing squad. The three men are Pablo Ibietta, Juan, and Tom. Pablo is the protagonist and the narrator of the story (Sartre 1). He is being tried for war crimes and his refusal to reveal the whereabouts of his friend, Ramon Gris, an anarchist. Juan’s criminal charge is having a brother who is an anarchist while Tom is a member of International Brigades. Juan is the protagonist and believes that he will be killed because he is not innocent. Sartre has used narration to reveal the reactions, psychological state, and thoughts of the three men as they await execution. In this book, the author uses imagery to show the intense emotions of the three convicts. The wall has been used to show the end of life and freedom. The wall symbolizes the end of freedom and good life for the three men. It also symbolizes the â€Å"blockade† that is between them and their lives. On a literal meaning, the cell is reclusion of walls. The firing squad will use the wall to terminate lives. This is a wall in a wall or the use of a wall as an object to put a â€Å"wall† (death) to the lives of the three men. They are locked in and cannot have contact with the other world and this translates to reclusion or total separation. The cell is an enclosure that stands between them and their dreams. The only thing that is connecting them to their past is memories. Pablo is detached from life. He knows that the woman he loves, the life, does not matter anymore. The main theme in this book is â€Å"death.† The wall symbolizes death, an imminent end that all people must face. They cannot think beyond the wall and thus have resigned themselves to death even before they face the firing squad. It is significant to note that the men are psychologically dead even before the guards take them to face the firing squad. The other theme is innocence. Pablo and Juan are innocent. Juan tries to justify his innocence when he admits that his brother is an anarchist, and claims that he does not belong to any political party (Sartre 1). They have been convicted because of their relations with anarchists. The other themes in this story are love, society versus individuals and reality. The author drags the story through suspense, and literary intensifies the conflict that surfaces among the convicts and their imminent death. Sartre, Jean-Paul. The Wall. 1939.Web. 17 November 2010.