Law Essays - Public Emergency Liability - Free Essay Example

Sample details Pages: 7 Words: 2218 Downloads: 2 Date added: 2017/06/26 Category Law Essay Did you like this example? Public Emergency Liability Title: The privileged treatment accorded by the courts to the emergency services on the question of duty goes too far. It does not merely recognise the importance of their public services, it offers them a degree of protection which allows them to be unaccountable in circumstances where liability should clearly exist. 1. Do you agree? Critically consider by reference to authorities, whether the current law strikes the right balance. Introduction This paper discusses the legal perception of the duty of care owed by the public emergency services, including in particular the police, fire and ambulance services in the context of the burgeoning and ever-evolving law of tort. The statement under review claims that the à ¢Ã¢â€š ¬Ã…“privileged treatmentà ¢Ã¢â€š ¬Ã‚  (some would say limited immunity) offered to the public emergency services à ¢Ã¢â€š ¬Ã…“goes too farà ¢Ã¢â€š ¬Ã‚ . It is further claimed that the latitude allowed by the courts in relation to the emergency services effectively renders those services unaccountable in circumstances where the imposition of liability is manifestly appropriate. In the following analysis these assertions are critically evaluated against the backdrop of relevant case law. The current balance of the law is identified in what is a constantly changing field. Conclusions are drawn on the basis of the authorities considered. Don’t waste time! Our writers will create an original "Law Essays Public Emergency Liability" essay for you Create order Emergency Services and the Duty of Care It is common knowledge that there is no general, proactive duty of care to undertake à ¢Ã¢â€š ¬Ã‹Å"rescuesà ¢Ã¢â€š ¬Ã¢â€ž ¢ or interventions in emergency situations, no matter how straightforward such rescues might appear. This is graphically illustrated by the case Barrett v Ministry of Defence (1995), where the failure of the MOD to intervene to prevent the death of an alcoholic soldier was not deemed to merit the imposition of tortious liability. Moreover, the position of English common law is mirrored in the United States on this point as Osterlind v Hill (1928) confirms. This stance was endorsed, by inference, in X v Bedfordshire County Council (1995) (by the House of Lords), and more explicitly in Stovin v Wise (1996). Indeed, Lord Hoffman opined in Stovin that the omission of a public authority to undertake the rescue of a emergency victim should be deemed incapable of deriving liability, except in circumstances where Parliament has expressly and specifically set down a right to redress in the form of financial compensation where the duty to intervene and rescue is not met. Given the above authorities it can come as no surprise that the law has traditionally not imposed a duty of care on emergency services when they are summoned to give assistance. In the case Ancell v McDermott (1993), for example, the court ruled that the police service was not subject to a duty of care to warn road users of dangers on the roads that were known to the service. Moreover, in Alexandrou v Oxford (1993) police were dispatched to retail premises to investigate the triggering of a burglar alarm. However, they omitted to detect the presence of a burglar before departing the shop. In this case the court ruled that the police did not owe a duty of care to the owner of the premises, who suffered loss as a consequence of the serviceà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure. The court reasoned that to impose a duty of care in such circumstances would be contrary to the interests of public policy. The court also drew on the concept of proximity to justify its decision, although it is submitted that this seems tenuous given that it is hard to imagine a much more proximate situation. These decisions are in conformity with the earlier case of Hill v Chief Constable of West Yorkshire (1989), in which the issue for the consideration of the court was whether the allegedly incompetent police service should be held to a tortious duty of care over its acquiescence before arresting the infamous Peter Sutcliffe, better known as the à ¢Ã¢â€š ¬Ã…“Yorkshire Ripperà ¢Ã¢â€š ¬Ã‚ , although the police were in possession of cogent evidence indicating his culpability. The court rejected the action on grounds of public policy and also, this time on a much better-founded assertion of a lack of proximity. It was conceded that the police service owes a fundamental duty to the general public to catch the protagonists of crime efficiently and promptly but the court reason ed that it was impossible to define a specific class of individuals to whom the duty of care should be owed. It can be argued that there is manifest and abundant justification for the decision in Hill. Surely it is not feasible to impose a legally enforceable duty of care on the police force, and thereafter by inevitable implication award pecuniary compensation in the form of damages for every failed (or slow) investigation. The great majority of crimes go unsolved. The potential workload that the courts would be unimaginably huge and the compensation bill, which would ultimately have to be met by the public purse would be colossal. The case of Rondel v Worsley [1969] confirms the approach in Hill and the later cases discussed. In Rondel, unavoidable public policy factors were deemed to take precedence over issues of proximity in the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s deliberations. That said however, there are limits to the fear of opening the floodgates to claims. If during the cou rse of their operations the police are responsible for directly causing immediate harm to another they may be held liable for those actions. In Rigby v Chief Constable of Northamptonshire (1985), liability was imposed after the negligent use of a CS gas cannister and previously in Knightley v Johns (1982) negligent conduct in the aftermath of a traffic accident was found to justify a claim in tort. These cases, and other of their ilk, show that the police service can be subject to an enforceable duty of care, but only in tightly restricted circumstances and only where close causal proximity is clearly established. A case concerning the fire service shows that the police are not alone in their difficult relationship with tort law. In Capital and Counties plc v Hampshire County Council (1996) the court held at first instance that the fire service was liable for the negligence of one of its officers in ordering that the sprinkler system in a burning building should be turned off. The first instance judge dismissed arguments for immunity based on public policy. It was held (somewhat dubiously it is argued) that potential liability was unlikely to result in fire-fighting being carried out with a defensive frame of mind and the fire brigadeà ¢Ã¢â€š ¬Ã¢â€ž ¢s exclusive control of its operations was a consideration against a public policy immunity. This decision appears to be in accord with the contemporaneous Scottish case of Duff v Highland and Islands Fire Board (1995), where it was held that the fire brigade did not enjoy immunity in tort regarding operational matters. In Duff the fire brigade attended the scene of a fire and then left believing it was extinguished. It was not extinguished and when the brigade was called back they were unable to control the fire and it destroyed the pursuerà ¢Ã¢â€š ¬Ã¢â€ž ¢s house. Lord MacFadyen opined that, while there was a risk of defensive behaviour among fire-fighters, precisely the same argument could be emplo yed with equal force in the context of medical negligence and other forms of professional negligence and there was no question of extending public policy immunity into these vast spheres. Another contemporary supporting case is Crown River Cruises Ltd v Kimbolton Fireworks Ltd (1996), where the fire brigade was found liable in respect of a negligent failure to extinguish properly an initial fire at a premises. However, it must be noted that Capital and Counties plc v Hampshire County Council (1997) went to appeal at the Court of Appeal joined with two other cases. The facts of Capital and Counties are already known. In the joined case Church of Jesus Christ of the Latter Day Saints v West Yorkshire and Civil Defence Authority the fire service negligently omitted to source a sufficient supply of water for the purposes of extinguishing a fire and in the third joined case Monroe v London Fire Brigade officers of the fire service failed to check the perimeter of an explosion for seco ndary fires. The Court of Appeal ruled that the fire service does not owe a general tortious duty of care merely because they had been summoned to give assistance. The Court also held that the fire serviceà ¢Ã¢â€š ¬Ã¢â€ž ¢s assumption of responsibility once at the scene of an emergency, coupled with the reliance placed on the service by the parties involved, did not of itself establish a duty of care on the part of the fire service. The consequence of these rulings on principle was that the Church of Jesus Christ and Monroe cases failed on the facts. Liability was only established in the Capital and Counties case on the narrow grounds that the fire service had actually, physically and directly caused the damage suffered in the case, by personally and deliberately switching off the sprinkler system. All that said, a potentially groundbreaking decision was reached in the more recent case of Kent v Griffiths (2001). Here, a pregnant woman suffered an asthma attack at home. He r doctor attended her, realised she was in extreme difficulty and called 999 to summon an ambulance. The ambulance did not arrive for a period of 40 minutes (as opposed to the serviceà ¢Ã¢â€š ¬Ã¢â€ž ¢s own guidelines which indicated it should have arrived within a maximum of 14 minutes. It transpired that the ambulance crew entered false records in their logbook in an attempt to cover up their own negligence. The woman ultimately suffered a respiratory arrest, lost her baby and was left with brain damage as a direct result of the delay of the ambulance. Unsurprisingly the ambulance service was sued for negligence. At first instance, Turner J held that it would be à ¢Ã¢â€š ¬Ã…“offensive to, and inconsistent with, concepts of common humanityà ¢Ã¢â€š ¬Ã‚  to refuse to impose a duty of care in all the circumstances of the case. Equipped with clear evidence of negligence and causation (and even mala fides) Turner J ruled that where the ambulance service accepted the task of providing a timely response and was in a position to do so, it was right to impose a duty of care to carry out the rescue in regards to the rescuee. The decision in Kent v Griffiths was welcomed by some, but feared by others concerned about opening the floodgates to a multitude of claims. The case was appealed. At the Court of Appeal it is submitted that an appropriate balance was struck. The first instance decision was upheld, however, their Lordships were at pains to stress that the precedent should be limited in its future application to the ambulance service. Master of the Rolls Lord Woolf made it clear that Kent v Griffiths could not be utilised in justifying actions against other arms of the emergency services. In confining the case strictly to its facts, Lord Woolf MR made it crystal clear that no general point of principle had been established. Their Lordships focused on the specific relationship between the ambulance service and each individual patient as differentia ting the judgment from cases involving services, such as the fire brigade, the coastguard and the police, who owe a more general duty of societal protection. Concluding Comments With specific reference to the title to this work, it is clear that there is a very delicate balance to be struck in the imposition of a legally enforceable tortious duty of care on the public emergency services. It is submitted that both extremes are undesirable: at least that much is relatively uncontroversial. It would clearly be inappropriate to afford the emergency services complete immunity, because to do so would be to allow outrageous examples of highly proximate and gross negligence to go unpunished. Such would give the emergency services carte blanche to act in society under a licence not enjoyed by any other of its members. However, it would be equally unsatisfactory to settle a duty of care on the services that could potentially punish each and every technical incidence of negligence, because to do so would so drastically impair their actions and divert their scarce resources into defending the veritable multitude of civil suits that would quickly ensue. While it is far from ideal to build a framework of law on a case by case basis, it is hard to identify a better approach. The tentative step forward that was taken in Kent v Griffiths was quickly confined to the facts of the case and limited in terms of the scope of its future application. The reasons for this are obvious, and as long as the courts are prepared to extend liability in those cases that demand it, while curtailing the effects of their judgments with a view to the wider and general picture of public policy, then the law should be able to maintain efficiency and integrity in this sphere. In conclusion it is submitted that it is appropriate to open the floodgates just a crack, to allow the courts to deal with the most deserving cases within a rigid framework of liability, but not so far as to impede the emergency services in the work on which we all rely. Bibliography Cases as footnoted to standard citation Kidner R, Casebook on Torts, (2006) Oxford University Press Rogers W.V.H., Winfield and Jolowicz on Tort, (2002) Sweet Maxwell Weir, T, Casebook on Torts, (2004) Sweet Maxwell

Medea Critique Essay - 1337 Words

THEA 2040 (039) GSU Dunwoody 9/13/17 Critique of Medea, by Euripides 1. Title: Medea | Author: Euripides | Date Written: 431 BC | Genre: Tragedy | Setting: Mythological Grecian Era, Time of Myth, Corinth Theme: The theme presented in Medea that is the most prevalent and defining is, in my opinion, the idea of female agency and power in a male-dominated society. The locus of the play really lies in Medea’s cunning and clever nature, and her use of it to demolish Jason’s life as he knows it. Many examples of this can be found throughout the play, for instance Medea taking advantage of Aegeus by making him swear to keep her in Athens no matter what happens when she is banished from Corinth, particularly by use of emotional manipulation†¦show more content†¦He is the captain of the Argonauts, an ancient group of heroic Greeks who traveled with him to steal the Golden Fleece, a mythical item of kingship. He is a rather simple man, but deserts Medea in order to marry Glauce, promising Medea that it is for the better of her and the children, that they would be able to live in the lap of luxury and grow to become powerful rulers. He is the unlucky target of Medea’s wra th, although he certainly did bring it upon himself. His relationships with Glauce and Creon and positive, as he wants to marry Glauce and attain Creon’s favor, but according to Medea he was an absent father and clearly a flawed husband. Creon: The king of Corinth and father of Glauce, an understanding man who is killed by Medea’s poisoned gift to Glauce. He is not really characterized too well other than his rather kind demeanor. His relationships are basically established as simply an authority figure for the characters, and are generally positive until Medea decides that he must also face her wrath. Aegeus: The king of Athens, he helps Medea secure a destination for her escape by providing her with asylum in Athens. The only relationship he has is with Medea, and it is not particularly described well as to how they know each other. 3. Plot Summary: The play begins with a Nurse giving us a brief synopsis of the events leading up to the current time, like Medea falling in love with Jason,Show MoreRelatedHow Modern Versions Of Medea ( Euripides ) And Antigone ( Sophocles )1246 Words   |  5 Pagesagainst these restrictions would condemn women to be seen as psychotics, liars, and traitors. Even so many female playwrights recreate these plays today in a modern light to establish a prevailing production. Throughout this essay I will discuss how modern versions of Medea (Euripides) and Antigone (Sophocles) challenge ancient Greek gender stereotypes in order to make a powerful feminist statement about contemporary society. Ancient Athenian society was objectively male dominated. Men associatedRead More Euripedes Medea versus Aristotlean Poetics Essay1570 Words   |  7 Pagesrules of tragedy in fact made a deep imprint on the writing of tragic works, while he influenced the structure of theatre, with his analysis of human nature. Euripides Medea, a Greek tragedy written with partial adherence to the Aristotelian rules, explores the continuation of the ancient Greek tales surrounding the mythology of Medea, Princess of Colchis, and granddaughter of Helios, the sun god, with heartlessness to rival the infamous Circe. While the structure of this play undoubtedly perpetuatesRead MoreComparison of Medea by Euripides, Jean Anouilh and Wesley Enouch2675 Words   |  11 PagesMedea Comparison The Medea is a classic tragedy with its historical, cultural and social origins firmly in Ancient Greece. Since originally being written by Euripides, the play has been rewritten and reinterpreted by many different playwrights and directors throughout history. 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The thrill of an outingRead MoreCleanth Brookss Essay Irony as a Principle of Structure9125 Words   |  37 PagesHistory and Class Consciousness Preface THE collection and publication of these essays in book form is not intended to give them a greater importance as a whole than would be due to each individually. For the most part they are attempts, arising out of actual work for the party, to clarify the theoretical problems of the revolutionary movement in the mind ,of the author and his readers. The exceptions to this are the two essays Reification and the Consciousness of the Proletariat and Towards a Methodology

The River of Earth Free Essays

The River of Earth The novel River Of Earth by James Still is a story about life in e Appalachia just before The Great Depression. The story provides a very clear description of the problems and challenges the mountain people faced after the settlement of their land. Even though the novel is shadowed by other writings of the time period dealing with poor southern life, it is still considered a great neglected masterpiece. We will write a custom essay sample on The River of Earth or any similar topic only for you Order Now The story is about a family that considers awkward. They struggle to put enough food on the table for the entire family, most of the time the mother barely eats. They live in a small smoke house that is very cramped and cluttered because of the number of people living in it. The Father is waiting for the coal mines to open so he can work, while the mother takes care of the kids, the family does not complain; they feel blessed for what they have . The father is very proud and doesn’t turn anyone away when they need help. In the book he allowed a group of miners to take most of his beans from the garden to help keep their families feed . The mother is a very strongwilled woman. She never lets anything bring her down; when the family begins to have trouble with food she suggests that they begin growing a garden and providing for themselves. The kids are smart and goodwilled from what they are taught by their parents. They display good moral values in their characters. The garden is a source of life for the family in the book. This is so because as times get harder they grow together and the garden also becomes more and heartier. They begin to have more food for their dinners, this helps the family keep their spirits up and continue to hope for good blessings to be brought to the family such as the mines opening. As the family grows stronger they begin to add to their source of food. Instead of eating only soup and vegetables and potatoes, they add begin to eat meat. They own a guinea Chicken which starts to lay a large amount of eggs they let hatch and raise. The kids are not embarrassed about what they eat, they seem happy for what they have. The father makes the children go to school because he feels that everyone should learn the basics of academics such as reading and writing to help them survive is the world. At first they are scared and don’t want to go because they have never been and feel they are too young. As they continue to grow they start to show improvements and gain confidence in their ability to perform in the classroom. They fear for the teacher being run off because the older kids don’t like him and some of the parents don’t appreciate his teaching methods. The main character and his sister hope he stays so they will continue to learn. The main character is sent by his father to stay with his grandmother. This is where you learn that the strong heart runs in the family. This is true because she is a seventy-eight year old woman and will still patch out two acres of corn and make enough bread for the winter to do what she can to keep her family feed. In her old age she hasn’t kept the best health. Some days she is too sick to get out of the bed. The main character takes care of her he cooks all the meals for her and helps her start to feel better. Living with her he hears stories of his father and how he is an honest man. Also his grandmother tells him about his grandfather and all the great things he would do. Living with his grandmother is a great experience for the main character because she brings him history of his family and teaches him many things on how to live a content life. Also being away from home helps himself grow as a person. It teaches to stick up for himself and make his own decisions without the influence of others. When the main character returns to his family he learns that the baby had died from croup. Also the family moves to a farm they rented in Flaxpatch on Little Angus. Here they plant crops and farm together as a family. The father has returned from the mines and decides he wishes to move back because he heard they would stay open through the winter. They go and he works there for a while and earns decent money, enough to support his family. During the winter the main characters grandmother dies. It’s a sad moment for the entire family. This is so because she was such a strong figure in the book even with her bad health. After the winter the father decides to stop mining and move the family to a place where he can find a different job or stat a farm. In the end the main character imagines his grandmother talking to him about his baby sibling crying. This story gives great detail to a life lived by the mountain families of the Appalachia. It puts you in the shoes of a young boy who is growing up in the hard time period just before The Great Depression. James Still does a great job of capturing the culture of the time period. Unfortunately, this book will always remain a neglected masterpiece. How to cite The River of Earth, Essay examples

Russian Bank Scandal Essay Example For Students

Russian Bank Scandal Essay On October 6, 1999 the news hour with Jim Lehrer air a focus topic called Following the Money. This focus discussion dealt with the Russian Bank Scandal. This scandal deals with the transfer of about seven billions dollars out of the Bank of New York to companies with Russian associations.Robert OHarrow , a banking expert for the Washington Post, believes that this scandal will become a serious policy issue. Base on his conclusion of this becoming a serious problem, one may see that there are problems in the banking structure of the United States. In fact there has to be a problem when seven billion dollars of transions are made to foreign soils and no one throws up a red flag. One may also conclude that this scandal reaches further that the banking structure. The question must be ask, Where is all this money coming from? This money could be money that was given by the International Monetary Fund to help rebuild the fallen Russian economy. That money could now be being used to support criminal activities. As we see now this could be not only an international problem, but a domestic problem also. In todays warfare the victor is left in rebuilding the fallen enemy. In this case the United States won the cold war and is now left to pay the bill for rebuilding Russia. The money that is being use comes directly from taxpayers. I believe that this is the reason why Mr. OHarrow believes this will have a serious effect on policy decision. If the money that is supposed to help the Russian people is being for wrongdoing and the Russians are behind this, the scandal could have a serious effect on U.S. and Russian relations. Policy makers will be force to make changes in the methods it helps Russian during this time of need. This scandal can be serious external triggering mechanism. With the scandal dealing largely with belief that international money is being used to support illegal activities could cause a major shift in decision making. At the moment the Intensity of this problem has not reach a level of alert. Mainly become most American do not see the potential backlash of this scandal. Once the facts come out and taxpayers are forced to tote the bill of paying back the lost funds then the matter will intensify. Also American can grow tired of given money to a country that does no use money for reasons the money was given to them. Time is a crucial factor in dealing with this scandal. As time goes by more of the true will become available and from that moment we will be able to see whom this scandal will truly affect.Although the Bank of New York has not been charge with any wrong doing it is clear that changes will be made in the banking structure. These changes will range in who banks let open accounts to stronger views on customer privacy. If this changes were to take place in the banking structure then the scope and intensity would greatly intensify due to this scandal. At the moment no one knows that outcome of this problem, but one thing is for sure changes in policy will be made dealing with either Russian relations or Banking Struture.

Stand and Start to Quiver free essay sample

I think the scariest fears are the ones that can happen everyday. Fear of spiders and heights are no fun, and I pity anyonewho has a fear of clowns, although we dont usually face thosefears every day. My biggest fear is of failure. It allstarted when I was in elementary school. I had troublelearning as fast as other kids; I never understood as well oras fast. I never knew what the teacher was talking about and Ihad trouble reading. When I didnt study, I failed. Even whenI tried studying really hard, I still failed. Soon I gave uptrying. In third grade my teacher noticed and had me tested.Afterwards my teacher talked to my parents who explained to methat I had dyslexia. I was eight, and had no clue whatdyslexia was. All I knew was that three times a week I had toleave class to work with a tutor. We will write a custom essay sample on Stand and Start to Quiver or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I didnt like school toomuch before this and after I started seeing the tutor, I beganto hate it. Before, I could stay silent in class if there wasa question I didnt know the answer to. Now I had to answerevery question: I could no longer be a wallflower letting theother kids answer question after question. Thenone day I had a breakthrough on a spelling test I had studiedfor all week. Suddenly, all the answers started coming to me;I used techniques my tutor had taught me and they worked.After that test I started to feel more confident and soondidnt need a tutor. Yet, even today, there are times when Ifeel like I dont belong. I fear one day I will go to classand all the other kids will be smarter than me and Ill againbecome that scared third-grader who doesnt want to raise hishand. Thats my biggest fear.

Octaves and Decibels

Octaves and Decibels Octaves and Decibels Octaves and Decibels By Maeve Maddox A reader asks: Can you inform on the usage of . . . octave and decible?   I am of the opinion, that octave deals with human voice and decible deals with noise.   Both words, octave and decibel are terms of measurement. Octave derives from the Latin word for â€Å"eight† and decibel incorporates the Latin word for â€Å"ten.† The words can be used in various contexts. I’ll just address the uses suggested by the question. The words bel and decibel are units of measurement of sound intensity. A bel is A unit, equivalent to ten decibels used in the comparison of two levels of power in an electrical communication circuit. A decibel (db) is one tenth of a bel. â€Å"Bel† is a shortening of the name of inventor Alexander Graham Bell (1847-1922). A bel is A unit, equivalent to ten decibels, used in the comparison of two levels of power in an electrical communication circuit. An octave in the musical sense is an interval embracing eight notes of the diatonic scale. Think of the Do-re-me song in Sound of Music. Doe- a deer, a female deer Ray- a drop of golden sun Me- a name i call myself Far- a long long way to run Sew- a needle pulling thread La- a note to follow so Tea- a drink with jam and bread That will bring us back to do oh oh oh The normal speaking range of the human voice is about 20-50 decibels. Sounds that go above that range become annoying, for example a vacuum cleaner (70 db). Noise becomes painful at 120 db. Sounds above 132 db lead to permanent hearing damage and eardrum rupture. In answer to the question, decibel refers to sound, pleasant or unpleasant, whether it originates in the vocal cords or elsewhere. NOTE: Although both the OED and Merriam-Webster give db as the abbreviation for decibel, Ive been informed by a technical writer that the standard abbreviation is dB. Sources: Gale Encyclopedia of Medicine. Mosbys Medical Dictionary, Oxford English Dictionary Online Etymology Dictionary Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:12 Signs and Symbols You Should KnowHow to Punctuate Descriptions of ColorsWhat Is a Doctor?

As a consequence of the recent recession, firms will concentrate on Essay

As a consequence of the recent recession, firms will concentrate on reducing their costs. Therefore the emphasis put on Corporate Social Responsibility is doomed to end. Discuss - Essay Example Many imaginative business corporations went a step ahead. They integrated CSR initiatives as part of the total business strategies which produced sterling results, and created enormous goodwill for the products of the company. The range of loyal clientele gradually widened. Business leaders thus got an opportunity to learn how to align business goals with social and cultural goals. But suddenly the business world found itself engulfed in recession. It came like the avalanche and the organizations were not ready to face this serious eventuality. The wise saying goes, â€Å"When the Going gets Tough, the Tough get Going!(Ocean,1985) This is the testing time for the grit and heroism of the Corporate Sector. Toby Radcliffe comments upon the issue thus: â€Å"Global recession, embedded in the financial sector, is creating an environment of cost-cutting and streamlining. For leading international saving and wealth management groups, the current economy has produced a particularly challenging environment in which to operate. It has also produced a challenge for sustainability.† When a child is sick, one tends to take care of it more. Ethically speaking, corporate social responsibility is an important part of the business establishment, during recession. The case for CSR is the truest, even when the economy is passing through a period of crisis. To prioritize business in the face of recession, is a prudent function. That approach is just; no questions about it. To think of pruning the CSR budget while things are comfortable, is harmful from the long-term perspective of the growth of an organisation. Funds earmarked for CSR, in addition to direct donations to Non-Governmental and philanthropic organisations, are linked to HR and training programmes, experimental and innovation budgets, promotional and marketing budgets, research and other non-core activities. The management thinks of the cuts in these areas first. But it is again

Globalization and Culture Essay Example | Topics and Well Written Essays - 500 words - 2

Globalization and Culture - Essay Example In my opinion, globalization is a modernizing force than can nurture local cultures and allow them to spread across the world. Globalization is not a destroyer of local cultures and traditions. It is an opportunity for local, regional, and ethnic cultures and traditions to spread and grow. Owing to cultural globalization, cross-cultural contacts have significantly increased. These interactions have shaped the world to be what it is today. For example, religion may be considered a cultural practice. On that note, religions such as Buddhism, Christianity, and Islam all began in specific places of the world (Fu and Chiu 637). Today, thanks to globalization, these religions are practiced in almost every corner of the world. These common religions have been embraced and accepted by different people from all over the world because of globalization. Globalization has enabled the crossing of international boundaries, therefore, allowing cross-cultural contacts that have led to the spread of these religions. This shows that globalization is not a destroyer of cultures and traditions. It is, in fact, a promoter of cultures and traditions (Fu and Chiu 638). Other cultural practices such as traditional music from Africa, for example, have been able to reach the Western world because of globalization. Globalization has allowed locally recorded music to reach audiences from all over the world (Fu and Chiu 639). Also, Anglo-American pop music has been able to spread everywhere through mediums such as MTV. These cultural practices have not been destroyed. In fact, globalization has helped to spread them all over the globe, and they are constantly being accepted by more and more people. Traditional recreational practices such as sports, games, and other leisure activities have also gained popularity in regions that they never used to be practiced before. Football is a good example (Fu and Chiu 640). Language, being part of culture, has also benefitted from

Digital Marketing and Social Media Marketing in Luxury Industry Essay

Digital Marketing and Social Media Marketing in Luxury Industry - Essay Example The emergence of digital and social media marketing have opened up new and exciting ways of branding. Specifically, luxury brands are the ones which have capitalized these relatively newer tools in a most decent and â€Å"luxurious† fashion to design their brand images. The affluent customers of these luxury brands have also joined in the social media sites and their dominating presence is effectively being utilized by the companies to attract the new customer and retain the loyal customers (Kerin, 2010). Reason of choosing the topic The reason of choosing this topic is basically divided into two broader areas such that one area pertains to a specific marketing strategy and the other area relates to the industry on which that marketing strategy is actually applied at. Digital and social media marketing is undoubtedly the most emerging and recent development in the overall marketing strategies whereas luxury industry is the one which faces the most crucial dilemma of getting al ong with this new area of marketing. Methodology This article is composed with a view to emphasize more on the development of digital and social media marketing specifically in the luxury industry. At the beginning, key definitions along with necessary explanations of the digital marketing, social media marketing and luxury industry are discussed. Second part of this paper highlights some brief statistics regarding the development of these marketing strategies in luxury industry.... Users hardly click on banner ads to browse the site of that brand or product, as he/she gets frustrated in getting along to all together to a new web page or new window (Bird, 2007). However, with the emergence of the concept of digital marketing, the orthodox online marketing tools are effectively put to wall as the new digital marketing strategies have replaced them in practical terms. With the invent of digital marketing, marketers especially are highly benefited such that they can track their marketing campaign rather on a wider scope such that they have the availability of real time tracking of marketing campaign (Ryan, 2012). They know that what is being viewed right now, how many times on average, a product is viewed in a day, the response rate of the customers etc. However, each marketing campaign is different from others and thus the feedback which the marketers obtain may remain quite different as compared to other marketing campaigns. 2. Social Media Marketing Social media marketing refers to those strategies in which the marketing campaigns of the companies are launched particularly on the social networking sites mainly including Twitter, Facebook, LinkedIn, MySpace, etc. The existing marketing companies on the social networking sites are gaining much momentum and success because these are the sites on which millions of users are present and it is more convenient for the marketers to catch their attention. Unlike the traditional marketing tools like TV, radio and other channels which are becoming less effective due to increase in number of channel, social media sites however are providing the largest avenue for the marketing companies to attract the

Company and market analysis of lindt

Company and market analysis of lindt In the past 15 years, Paris exposition of chocolate, chocolate is high-grade to global display window. This chocolate panel powerful: chocolate exposition of the famous director, master Pierre Herme J.P. and chocolate is careful Hevin in this year. Their captious and sharp eye is the biggest test of chocolate quality whether materials, recipe or manufacturing process. In Paris, can win the award on chocolate exposition that is obtained by the authority of chocolate. What is worth mentioning, Lindt Swiss chocolate before Ephraim in 2006, has won the accolade. At this moment, is remarkable for Swiss Ephraim 160 years unremitting pursuit of perfect quality of chocolate. Be super taste pure taste of chocolate, chocolate tasting cocoa ultimate sensations. Be in the series, you will find the exquisite Swiss Ephraim chocolate master production process and the art of making bets passion. Select the most fragrant masters of superior quality, selection of cocoa, creates the exquisite raw meticulous, rich full-bodied, chocolate, chocolate is alcohol the perfect example. Super pure taste with intense aromas of cocoa, chocolate, and accompanied by hazeinut, tobacco and honey aromatic. Its rich palate full-bodied, aftertaste making a person is boundless. Chocolate is an elaborate techniques, focus and attention of passion. And Ephraim Lindt Swiss chocolate master this artist. 160 years, their intention creation and improvement of the unique formula, formed Lindt chocolate culture. From the selection of raw materials and the quality of the highest quality ingredients, until finally the exquisite work, make the need of chocolate. Weakness Swiss chocolate producer Lindt Sprà ¼ngli missed its full-year revenue forecast on 20 January despite posting a 5.8% rise in annual sales.The maker of Lindor, Excellence and Ghirardelli chocolate, reported a 5.8% increase in sales in local currencies to CHF2.94bn (US$2.59bn), but missed sales expectations and its own sales growth target.The group had been targeting organic growth of 8-10%.Lindt said the weakness of the euro, pound and dollar had eroded revenues outside its home market.The worldwide uncertainty prevailing in 2009 will probably be more challenging than at any other time in history, the company said.Despite this, Lindt said the results are encouraging. Double-digit growth was achieved in overseas export markets, in Canada, and in northern and Eastern Europe, namely Scandinavia, Russia, Poland and Austria.For fiscal year 2008, and as communicated in its long-term targets, Lindt expects to achieve a 20 to 40 base points improvement in EBIT margin. Moreover,Swiss chocolate giant Lindt Sprà ¼ngli may lose EU trademark rights to the shape and wrapping of its popular Easter bunny line.This follows a European Court of Justice preliminary ruling, which concluded Austrian courts could void the registration, if the trademark was filed in bad faith. Specifically, the court defined bad faith as if Lindt trademarked the design knowing a rival firm already had in the EU an identical or similar sign [and product] capable of being confused with Lindts trademarked design; or if the company applied for the mark to prevent that third party from continuing to use such a [design].The company brought the case against Austrian competitor Franz Hauswirth. Lindt claimed its Easter bunny design was so similar it infringed trademark rights. Hauswirth is resisting the action, which now returns to Austrias supreme court. Opportunity Premium chocolate manufacturer Lindt USA announces the launch of their new TV advertisement featuring Lindt Global Brand Ambassador and Swiss tennis star Roger Federer. The new TV spot Airport, created by agency of record Gotham Inc., is a humorous look into the life of Federer and the irresistible nature of Lindts smooth melting Lindor Truffles. Lindt is also unveiling a special partnership with the Roger Federer Foundation (RFF) that will help raise awareness and funds for the non-profit in conjunction with the Grand Slam tournament in New York. In addition to the ad, Lindt is celebrating perfect matches on the court. For every match Federer wins during the Open, Lindt will donate $1,000 to the RFF. The Foundation primarily focuses its efforts in Africa, offering charitable grant-making opportunities to address the critical challenges in education for disadvantaged children. Chocolate lovers can also get in on the action by visiting the Lindt Facebook page and the Perfect Match Fan Giveaway for a chance to win a Nike duffle bag filled with Lindor Truffles (ARV: $225) every time Federer wins a round during the tournament. Federer was named Lindts Global Brand Ambassador in Oct. 2009 as part of a long-term deal with his favorite chocolate brand. The new TV spot and donation offering are part of an ongoing partnership that coincides with The Perfect Match sweepstakes running through Sept. 12, 2010. Consumers are invited to visit Lindt.com for daily chances to win a variety of premium chocolate prizes and an opportunity to meet Federer at the Lindt Sprungli global headquarters in Switzerland. Threats From a recently new, it can be seen that Lindt notches up record sales, mass market threat lurks 17-Mar-2007.Swiss chocolatier Lindt and Sprà ¼ngli has announced record sales figures during 2004, on the back of improved export sales and burgeoning consumer demand for premium chocolate products in Western Europe, Tom Armitage reports. Traditionally, chocolate with a high cocoa content has failed to find favour with UK and other non-Continental European consumers, although increased advertising spend and improvements to Lindts sales distribution networks have successfully reversed this situation. According to research analysts Mintel, the European premium chocolate sector will soon become inundated with lower-priced offerings from mass market producers, including Nestlà © and Kraft Jacobs Suchard (KJS) notching up the pressure on Lindt, one of the worlds leading luxury chocolate manufacturers.Meanwhile, Lindts share price has fared slightly better than compatriot chocolatier rival B arry Callebaut (the worlds leading supplier of bulk chocolate), increasing by 3.3 per cent during 2005, compared to Callebauts figure of around 1.9. Product Lindt chocolate characteristics are as follows: the Swiss Ephraim 170 kinds of chocolate, Adhere to choose excellent cacao and cocoa butter, Keeping a taste of chocolate after taste, Sweet is smooth, the best of chocolate. Aptly named, this premium range caresses the senses with all the hallmarks of the finest quality chocolate. An even surface and rich matte sheen. A silky feel that quickly softens. The deeply satisfying, earthy taste of perfectly roasted cocoa beans. Discover all the varieties of Lindt Excellence creations. Lindnt chocolate have varieties of types.Excellence 50% Cocoa,excellence 70% cocoa, excellece 85% cocoa, excellece buleberry intense are the main types which are popular in shops. Moreover, excellence 85% cocoa is the most delicious recognized by the most people. Through investation,excellence 85% cocoa lindt chcolate can enliven peoples senses with the ultimate chocolate luxury. With this range people will discover the expertise and craftsmanship of lindt chocolates master chocolatiers in blending the most aromatic cocoa beas with the finest ingredients to create a rich and refined chocolate of intense flavour and elegant texture.excellence 85% cocoa ,an intensely flavoured fine dark chcolate with a strong aroma and full-bodied cocoa taste which is perfectly balanced, being neither bitter nor overpowering.Its ingredients are cocoa mass,low fat cocoa powder,cocoa butter,demerara sugar,natural bourbon vanilla beans, many contai traces of soya lecithin, hazelnuts,almonds and milk.In av erage quantity per 40g serving ,its energe is 884KJ/ ,protein is 4.4g, fat is 18.4g and sugar is 5.6g. Moreover,inspired by a secret recipe, the Master Chocolatiers of Lindt have created a chocolate masterpiece Lindor. The delicious Lindt chocolate shell enrobes a delectably smooth filling. Once you break the shell, the filling will start to melt, and so will you. indnt chocolates beautiful range of Lindor gift boxes make for decadent (and well received) gifts for loved ones. Last, lindt chocolates packing is fantastic. it will give people a kind of high-grade feeling that it is a worthy choice whatever used by themselves or sending to friends,especially to valentines. some lindt chocolate are placed in carton box some are in iron box. some are square and some are round.it is sure that some will also be pakeged in creative way which can add a lot of value. anyway, packing and lables are very important . Price Different lindt chocolate has different prices.However,the differences range is not big, almost from 100g to 150g, whatever white with almonds or white chocolate with a delectably smooth centre, the price is around 3 dollars. However,some lindt chocolate which were packed fantastic or sold in some groups are expensive. some exanples are as follows: Lindt Lindor Milk Choc Box 150g $9.96 Lindt Deluxe $18.99 Lindt Lindor Assorted Choc 150g $11.45 Lindt Lindor Balls Hazelnut Box 150g $11.45 Lindt Lindor Balls Dark Box 150g $11.45 Lindt Lindor Balls White Box 150g $9.95 Gift Baskets, Chocolate Happy Bloom $94.05 Gift Baskets, Chocolate Rose Bloom $65.55 Chocolate Hamper $85.95 Chocolate Bubbles $49.95 Chocolate Delights $79.95 Chocolate Lover Milk Chocolate Pack $59 Chocoholics Dream Dark Chocolate Pack$65 From these exanples it is obvious that the prices is changed due to the packing. actually comparing to other famous brands. lindt chocolate is similar. so it can be seen that lindt is not competitive with price, it is with quality, packing and some creative ideas. Place Lindt chocolate usually are sold in large supermarkets, such as coles and woolworths and it is arranged in some conspicuous placs, such as at the gate or at centre area, in other words, lindt chocolate always is in an obvious place so that it can be found easily and it is convenient to do some promotion activities.Follows are some pitures which can show the situation; Moreover, lindt sometimes will hold some cafe to show varieties of products which are special and delicious,recently in a large hall show a large number of lindt chocolate which are beautiful and attracted. it just like a big chocolate banquet in which chocolate can be enjoyed freely and happily. If someone want tase different chocolate and enjoy the visual experience at the same time,lindt chocolate cafe is defintely a perfect choice. Even though lindt chocolateprice is not expensive.people always has the habit to look for cheaper things in the maximum, for exanple,at $3.49 for 4.4 ounces, Giftswish.com sells Lindt Classic Double Milk Chocolate at the cheapest price. people can buy the recipes for the chocolate on eBay.com for just 70 cents more! Mreover,worldwide chocolate is a great source for Lindt Chocolate,there have the bars for $2.99 a piece or people can buy a case of 12 for $27.97. Amazon.com has them available for $2.99 each with multiple sellers available. shop at http://www.amazon.com/s/ref=nb_ss_gw?url=search-alias%3Dapsfield-keywords=lindt+classic+double+chocolatex=0y=0 Sources: http://www.amazon.com/s/ref=nb_ss_gw?url=search-alias%3Dapsfield-keywords=lindt+classic+double+chocolatex=0y=0 Even someone think CVS is the cheapest place to buy Lindts chocolate and dont buy lindt chocolate in a real store which jack up the price by about 25%. Stores like Giant and Rite Aid typically offer good prices. However, CVS typically has the lowest price when people combine their low beginning prices with their great coupons and can get Lindt chocolate for about 40% off the Lindt store price by shopping at CVS. those are kind persons opinion.However, in my opinion, the real stores are convenient even though it is more expensive . Promotion Lindt chocolate has some strategies to promote during these years.one is gold bunny, the Lindt Gold Bunny is made from the finest Lindt chocolate. He is lovingly wrapped in gold foil and as a special mark of recognition; he has been given a unique red ribbon and gold bell. Over the course of time, the Gold Bunny Milk has become a symbol of Easter and people of all ages know, when they see him, that Easter is not far away.this is a perect way to promote because Easter is a important festival in western countries and the most people will buy chocolate.by the way lindt can sell chocolate on a large scale. The other way to promote is discount.Next merchants that usually carry discount Lindt Chocolate will be introduced. people can look for the Lindt Chocolate coupon code, or use a site-wide coupon or free shipping code that would provide a discount on Lindt Chocolate purchase. Amazon.com is an online retailer of books, CDs, videos, DVDs, toys and games, electronics, kitchenware, computers, and more. The Amazon vision is to be earths most customer centric company; to build a place where people can come to find and discover anything they might want to buy online. If want to get the discount people can follow next details and restrictions. IMPORTANT NOTE: the full details are outlined on the Amazon.com web page that opens with this offer. Read them CAREFULLY because not all items qualify for free shipping. Free Super Saver Shipping for orders over $25 of eligible Amazon.com products (eligible items are indicated as such on their product detail pages). No code required. Select Super Saver Shipping as your shipping speed. If you qualify for FREE Super Saver Shipping but your order also contains one or more ineligible items, youll be charged shipping fees for those ineligible items. Canceling items, combining orders, or changing your shipping address, speed, or preference might affect your orders eligibility for Super Saver Shipping. Applies only to orders with over $25 of qualifying merchandise, excluding gift-wrap charges and taxes, at the Amazon.com, Borders.com, CDNOW.com, Waldenbooks.com, and Virginmega.com Web sites. Excludes items that do not include a statement that they are eligible for FREE Super Saver Shipping next to their price. Also excludes certain oversize items, e-books and e-documents, software downloads, music downloads, and gift certificates. Amazon reserves the right to change or discontinue this offer at any time.Sources: http://www.couponheaven.com/brand.cfm/23483_c18 Moreover, there is also a promotion way that come from  ©The Moodie Report By Salina Christmas. the situation is as follows;MALAYSIA. The latest Lindt chocolate promotion at Kuala Lumpur International Airport (KLIA) has boosted sales and the profile of the brand, according to chocolate retailer Chocolate Sales Supplies , this promotion is find tool from the brand and it is successful and reflects the dynamism of Lindt as the leading Swiss chocolate brand, said Chocolate Sales Supplies Group Marketing Manager Shereen Lau. Conclusion Lindt Sprà ¼ngli is recognized as a leader in the market for premium quality chocolate, offering a large selection of products in more than 100 countries around the world. During more than 160 years of Lindt Sprà ¼nglis existence, it has become known as one of the most innovative and creative companies making premium chocolate, with six production sites in Europe, two in the USA and distribution and sales companies on four continents. Even though some tiny problems ,lindt chocolate is perfect among chocolate markets and its future will be better and better.

Free Awakening Essays: A Reader Response :: Chopin Awakening Essays

A Reader Response to The Awakening  Ã‚   I had not read The Awakening before, and these notes are on a real â€Å"first reading† , and as a result deal mostly with my emotional response and thoughts on the style and general content of the story, I enjoyed the language and the â€Å"texture† of the writing. The subtle characterizations were done well, although the introduction of the characters seemed a bit unclear at times. The languid pace of the novel seem to fit the story and location of the action on one level, but seemed at odds with the violent, brash , turbulent nature of the emotional heart of the novel, Edna’s trying to connect to her true self. I often found myself wanting things to move on. At times the writing reminded me of Hemingway(of all people) in its description of eating and drinking , small actions that tell a lot about a character, and frequent use of French or Spanish phrases within the text: â€Å"Robert rolled a cigarette. He smoked cigarettes because he could not afford cigars,...† (44) â€Å"She was hungry again, for the Highcamp dinner, though of excellent quality, had lacked abundance. She rummaged in the larder and brought forth a slice of â€Å"Gruyere† and some crackers. She opened a bottle of beer...† (116) â€Å"Well, good-by, a jeudi,†...(108) â€Å"The sun was low in the west and the breeze was soft and warm.†(53) But unlike Hemingway, I often got the feeling that Chopin did not trust either her writing and the images and metaphors she used, or the reader to understand her more subtle sections. She seemed to feel often that she had to go back and tell the reader what a certain image or action â€Å"really† meant , as if we wouldn’t understand. It was difficult, especially at first, to identify with Edna. I thought at first that this woman just had too much time to think and little else to do with her life,(Which ultimately might be Chopin’s point). A woman with so little to really â€Å"worry about†, in the context that most of us have daily problems, mostly of a material kind, to take up our thoughts. Also. her reaction to her children,(as well as her husbands), made me feel for them.(This was the first thought that came into my mind when Edna walked into the ocean. Is finding freedom for our soul synonymous with freedom from our responsibilities?

About The Penan Tribe Architecture Essay

The reappraisal that I would wish to do among the 5 folks that acted by the Bruce Parry is the Penan folk. First of all, I would wish to present briefly about the character of Bruce Parry. Bruce Parry is an militant that venture into the most distant country of Sarawak province in Malayan Borneo. He believes that the lone ways to cognize more about the civilization anthropology and cognition for a folk is to hold a participant observation in his fieldwork. Participant observations mean that life within a given civilization for an drawn-out period of clip, and take portion in its cultural day-to-day life in all its profusion and diverseness. The Penan is a mobile native that roved on the land of Sarawak Borneo and some other parts on Brunei Bandar Seri Begawan. Nowadays, the figure of Penan had officially stated approximate to 10,000 people and around 350-500 of them are mobile that scattered over Ulu Baram, Limbang, Tutoh and Lawas of Sarawak.( Figures retrieved from: hypertext transfer protocol: //www.survival-international.org )The present Penans are consisted with settled, semi-nomadic and entire mobile communities that to the full depend on the wood merchandises. In Penan society, the indigens are extremely developed in an classless society and small gender division. It means that the societal stratification among the adult male and adult females are about equal. For case, the adult male and adult females shared most of the jobs among them. Such as, garnering the forest merchandise and extracted sago from the sago thenar, but they are still some portion of jobs that dominated by male, for illustration, runing in the wood. Penan is a group of native that practiced the rite of â€Å" Molong † which means that â€Å" ne'er take more than necessary. † The bulk of the Penan indigens are work as mobile hunter-gatherers. The mobile Penan normally moves in group that consisted about 40 people included kids and old people. They do non stayed for a long clip in a peculiar topographic point. The period of clip that they stay is depend on the resources at the topographic point that they stayed and when the resources became fewer, they will take other suited topographic points and moved once more. The mobile Penan indigen that lived in the wood was really much depending on their traditional diet-Sago that amylum from the Sago thenar. Once, the Sago thenars are matured and to the full grown, the sago thenar trees will be cut down. The leader of the roll uping sago thenar will do certain an sum of sago starched is adequate for each household and kept adequately for their supply. After that no more sago thenar will be chop down until they are ran out of nutrient. Besides that, the Penan indigen besides preys on wild animate beings like wild Sus scrofas, mouse cervid and monkeys. The huntsmans Hunt by utilizing a blowtube, made with the Belian wood and carved out with a bone drill. The toxicant darts that they used are made from the sago thenar ‘s tree bark and on its tip ; the Penan dipped it with sort of powerful toxicant latex that extracted from a tree from the wood. However, the Penan indigens besides cultivate the planting of Paddy and domestic animate being genteelnes s for their ain nutrients non for gross revenues. Furthermore, I would wish to discourse briefly about the Penan civilization alteration, the mobile Penan move in groups and they have their ain kin districts, the groups are consisted of a household of five or six members and some household even consisted of 30 people. The mobile Penan will go forth their oldselap( huts ) and travel to another sphere of wood when their sago supplies are exhausted. The Penan indigens ‘ ownerships are few and everything is carried in simple with a strong back packs made from Calamus rotang. Selap are made from thick poles tied together with rattan strips. Every household has one hut for life and a smaller 1 for kiping. The bulk of the roofs are tarpaulins and there are rarely roof made by elephantine thenar leaves. The floors are four pess off the land and above a fireplace of clay are two wooden racks for hive awaying cookery equipment and drying fire wood. In the facet of stuff civilizations, merely Penan seniors frock in anything coming traditional frock, with â€Å" chawats † ( loin fabrics ) , bands on their legs and carpuss and big holes in their ear lobes. Presents, the Penan indigens are doing the tattoos by themselves which is about like prison tattoos. Merely few Penan now go in barefoot, most of them are have oning cheap, plastic football boots with rounded he-man to protect their pess. In add-on, I would wish to discourse about the arms that are used for runing. For illustration the Penan ‘s blowtubes, which calledkeleput, are about 6 pess long and made from one solid piece of Fe wood in approximately 2 hebdomads. The hole is made utilizing a long metal saloon with a screwdriver-like tip, which is merely driven into the wood and turned, over and over, so construct a gigue for it. Then, attached to the terminal of the blowtube is a metal spear caput, attached with Calamus rotang and rubber-like rosin. This is used for killing big hurt animate beings and offers protection from wild animals. The much shorter blowtubes are sometimes made for runing at close scope in dense wood. Another arm used for hunting is poison darts. The procedure of doing the Penan toxicant darts is cutting off the bark of the tajem tree to pull out milklike latex that is warmed over a fire to bring forth the toxicant. Tajem interferes with the operation of the bosom, doing deadly arrhythm ias. Blowpipe darts are made from palm fronds with a lightweight stopper to do an airtight seal. Darts with metal tips ( cut from Sn tins ) are used for large game like cervid and bearded hog, whilst those for little game are merely sharpened before being dipped into toxicant. The last arm used by Penan huntsmans is knives. The Penan huntsmans are transporting two knives. The first knife is called apoeh, is big and machete-like and used often. The 2nd knife is called darhad which is much smaller knife and is used for cutting meat, paring blowtube darts and all right work. Both knives are carried close together in separate sheathes, sometimes wooden, now frequently plastic. Besides that, in the facet of faith believe for Penan indigen, the Penan have been change overing their animism belief to Christianity since in the 1930s. Harmonizing to the functionalist Emile Durkheim,â€Å" faith is a incorporate system of beliefs and patterns relative to sacred things, that is to state, things set apart and out beliefs and pattern which unite into one individual moral community called a Church, all those who adhere to them. †( Robert Van Krieken, Daphne Habibis, Philip Smith, Brett Hutchins, Michael Haralambos, Martin Holborn, 2006, page 390 ) However, some of the Penan indigen still holding a strong believe in myths and liquors. The Penan leaders still pattern the rite of blood treaties with neighbouring folk when making the political understanding. The rite of blood treaties was believed that anyone who breach of this treaty will do to purging of blood and a violent decease. Furthermore, in the facet of economic for Penan native, most of the Penan are work as a huntsman gatherer in wood and selling the chief resource of the wood which is sago. The economic system can be defined as a system of production, distribution, and ingestion of resources, including the cultural belief that supports economic procedures. During the colonial times, the British authorities will set up trading missions calledtamunear to the woods of the Penan to offered forest merchandises likedammar( now used in eco-paints ) , rattan mats and baskets, rhino horn,gaharuwood ( or eagle-wood ) , wild gum elastic, monkey bilestones ( for Chinese medical specialty ) , measures of hornbills, and cervid antlers. These points were traded for fabricating goods like knives, cooking pots and scatterguns. None of these forest merchandises are now abundant, but many Penans will sell surplus meat to logging cantonments. The Penan indigen besides sold the high quality gaharu from gaharu tree but tha t can take old ages to roll up. Gaharu is used as incense, for medicative and spiritual intents, and as a aroma in the Middle East states. For the division of labour for Penan, the adult male will ever travel for hunting and the adult female will by and large garner the sago from the sago thenar tree and make the house chores. The form of economic subsistence for Penan indigen is scrounging. They are scrounging in groups for wild workss and runing for wild animate beings like wild Sus scrofas and mouse cervid.

Interest Rate Risk

INTEREST RATE RISKQ1. Which of the following correctly defines Basis Risk? (MCQ)A company having a variable interest rate for a specific loanA company having a fixed interest rate for all loansThe risk of the difference of interest rate amount set on assets & liabilitiesA company has a similar quantity of assets & liabilities, having a different basis for their floating rate(2 marks) This information relates to Q2 & Q3.Rotec Co wants to borrow $30,800 in two months' time ; is seeking to save them from any interest risk. The bank has explained an agreement to provide hedging for Rotec Co. This agreement can lock interest rates for future. The borrowing will be for three months. The forward rate agreement is as follows: 2 months V 3 months 3% – 4.5%2 months V 5 months 4.2% – 5.1% Q2. Calculate the interest amount to be paid if the actual rate will be 3% in two months' time? (MCQ)$161.7$231$392.7$924(2 marks) Q3. Calculate the refund amount by the bank if the actual rate will be 6.3% in two months' time? (MCQ) $46.2$92.4$138.6$161.7(2 marks) Q4. A company is looking at the following options to hedge itself from interest risks. Which of the following will support the cause? (MRQ) SmoothingMoney market agreementsMatchingDealing with home currency(2 marks) Q5. A yield curve is a relationship between yield ; maturity dates of similar bonds. Select the appropriate yield curve. (P;D)Short-term bonds have lower yield due to their risk Long-term yields have lower yield due to the downfall in the economy Short/Long – term bonds provide a close equal yield FLAT YIELD CURVE NORMAL YIELD CURVE INVERTED YIELD CURVE(2 marks) Q6. Select the appropriate theories in relation to different interest rates on different securities. (P;D)Investors needing high returns for long-term security contracts The assumption by an investor that higher interest rates are due to future inflation Security markets are separate from each other ; have distinct customers GOVERNMENT POLICY MARKET SEGMENTATION THEORY LIQUIDITY PREFERENCE THEORY EXPECTATION THEORY(2 marks) Q7. Select the appropriate option relating to the usefulness of the yield curve. (HA)Yield curve may indicate the economy position TRUE FALSEYield curve may be helpful in decision making with respect to loan ; but not interest TRUE FALSE(2 marks) Q8. Which of the following contract have long-term validity? (MCQ)Currency FuturesInterest rate OptionsInterest rate Swaps Forward rate agreements(2 marks) Q9. Select the appropriate option in relation to interest rate futures. (HA)If the need for Borrowing, Selling the futures now ; Buying them back at the close date TRUE FALSEIf the need for Deposit, Selling the futures now ; Buying them back at the close date TRUE FALSE(2 marks) Q10. Which of the following statements is correct? (MCQ)Currency futures have a range of closeout datesInterest rate options are cheaper than Forwarding rate agreementsForward rate agreements lapse if unused in the given time periodSwaps are unable to be exercised if the amount ; time periods are different(2 marks) Q11. Yakut wants to borrow money from the bank in three months' time by using a collar transaction. Which of the following statements are true in relation to the collar transaction? (MRQ) Yakut will buy a cap agreementBank will buy a cap agreementYakut will sell a flooring agreementBank will sell a flooring agreement(2 marks) Q12. Uma Co wants to deposit money into Hale Ltd, a banking institution. Hale has offered a collar transaction. Which of the following statements are correct? (MRQ) Bank will sell a cap agreementUma Co will sell a cap agreementUma Co will sell a flooring agreementBank will buy a flooring agreement(2 marks)INTEREST RATE RISK (ANSWERS)Q1. DA company having a variable interest rate for a specific loan (Floating interest rate risk)A company having a fixed interest rate for all loans (Fixed interest rate risk)The risk of the difference of interest rate amount set on assets & liabilities (Gap risk)A company has a similar quantity of assets & liabilities, having a different basis for their floating rate (Basis risk) Q2. CInterest Payment = [30,800 Ãâ€" (3% Ãâ€" 3/12)] = $231Payment Extra = [30,800 Ãâ€" ({5.1 – 3} % Ãâ€" 3/12)] = $161.7Total cost = 231 + 161.7 = $392.7 Q3. BInterest Payment = [30,800 Ãâ€" (6.3% Ãâ€" 3/12)] = $485.1Refund = [30,800 Ãâ€" ({6.3 – 5.1} % Ãâ€" 3/12)] = $92.4Total cost = 485.1 – 92.4 = $392.7 Q4.Smoothing, Maintaining a balance between fixed & floating borrowing rates (Correct)Money market agreements not exist (Incorrect)Matching, Matching assets & liabilities with same interest rates (Correct)Dealing in home currency, the technique of dealing foreign currency risk (Incorrect) Q5.Short-term bonds have lower yield due to their riskNORMAL YIELD CURVE   Long-term yields have lower yield due to the downfall in the economy INVERTED YIELD CURVE Short/Long – term bonds provide a close equal yield FLAT YIELD CURVENORMAL YIELD = Sign of economic boom INVERTED YIELD = Sign of economic recessionFLAT YIELD = Sign of transition from boom to recession or vice versa Q6.Investors needing high returns for long-term security contracts LIQUIDITY PREFERENCE THEORY The assumption by an investor that higher interest rates are due to future inflation     EXPECTATION THEORY Security markets are separate from each other & have distinct customers   MARKET SEGMENTATION THEORY The government policy of keeping interest rates high may effect in keeping short-term interest rates higher than long-term rates. Similarly, a government may also keep very low short-term interest rates. Q7.Yield curve may indicate the economy position TRUE Yield curve may be helpful in decision making with respect to loan & but not interest FALSEYield curves help in both loan & interest decision making. Q8. CAll other agreements are less than a year. Q9. If the need for Borrowing, Selling the futures now & Buying them back at the close date TRUE If the need for Deposit, Selling the futures now & Buying them back at the close date FALSEIf the need for Deposit, Buying the futures now & Sell them back at the close date Q10.Currency futures have a range of closeout dates, has specified date (False)Interest rate options are cheaper than Forwarding rate agreements, are expensive (False)Forward rate agreements lapses if unused in the given time period, have to close out at the given time (False)Swaps are unable to be exercised if the amount & time periods are different, it can only be exercised if timing & the amount are same hence (True) Q11. Yakut will buy a cap agreementYakut will sell a flooring agreementCap is an interest rate ceiling limiting the interest rate. Floor sets a lower limit of interest rates. Q12.Bank will sell a cap agreementBank will buy a flooring agreementCap is an interest rate ceiling limiting the interest rate. Floor sets a lower limit of interest rates.

Voss Essays

Voss Essays Voss Essay Voss Essay VOSS Bottled Water Voss Inc. is a company established in 1999 which bottles and distributes Artesan water. The source of this water is a pristine aquifer in South Norway. It is packaged in a uniquely designed and patented cylindrical shaped glass bottle and sold at a premium price. Some of the Hollywood actors and celebrities have been spotted using this premium bottled water. Its close competitors are Fiji and Perrier who offer pure water at a premium price. Differentiation Based Strategy The founders of Voss, Christian Sandberg and Chris Harlem, recognized enormous potential for ultra premium bottled water from Norway after doing an extensive around the world research. Artesan water is the most purest form of water available and thus used as a unique value proposition to target the ultra premium segment. Differentiation point 1 : Purest Water It is recognised as the purest form of water by FDA and has recorded the lowest TDS of any bottled water ever tested by FDA. So, in a way it is a unctional product that is uniquely different from any other product in the market. Differentiation point 2 : Unique and patented packaging – Luxury Image According to a study, in the ultra premium bottled water segment, when people buy water it is for image and not just water. Voss roped in Calvin Klein’s former creative director Neil Kraft to design the packaging. He came out with a sleek cylindrically designed glass bottle when everybody else was offering plastic bottle s in traditional bottle shapes. The design was later patented by Voss. Voss, through its product offering, provides a unique value (purest water and image of Luxury /Exclusivity) which other competitors were not able to offer in the ultra premium segment. Value Creation and Delivery (Mechanisms) Value 1 Product offering : Purest water drawn from Artesan well in pristine South Norway. No human intervention. The water is drawn from an aquifer by pressurizing the impermeable layer of rock and ice without the use of mechanical pumps. Product Quality and consistency is unquestionable since no mechanical/manual process is required to purify water. Customer is always certain to get purest water when they buy VOSS. Value 2 – Luxury Image/Exclusivity : It is a market driving product. The strategy is to create exclusivity and associate luxury with the product. This is achieved by aligning all the marketing processes in a way that this value of luxury and exclusivity is delivered effectively. Price – Ultra premium pricing helps in targeting the right segment i. e. rich and affluent (exclusivity). Patented Designer Glass bottle – Unique packaging gives it an edge over others and helps in positioning and targeting the ultra premium segment Controlled Supply Sold almost exclusively through high-end hotels, restaurants, clubs and speciality stores (VOSS Red PET bottle). Voss‘s exclusivity is derived from the fact that Voss is served on the tables of the finest restaurant and lounges in the rooms of the most luxurious hotels and beachside at the trendiest resorts around the world. Voss is not available at retail outlets like 7-11 or corner convenience stores. Promotions – No discounts or giveaways to maintain its brand image of luxury. Advertisements Heavily relies on PR activities and viral promotion which further reinforces its positioning of unique brand. It does not engage in run of the mill advertising like other water companies and stays away from the crowd. Associations with Ultra premium brand ambassadors like Madonna, George Clooney, Lindsay Lohan are used as promotional activities. The product offering as well as the aura of exclusivity/luxury gives customer a feeling of pride to consume Voss water and pay a premium price for the same. Key Resources that create value Source of Water : The source of water in Norway is a unique and sustainable resource in itself. Target Segment : Targeting the ultra premium segment is a key to the strategy as the product has most value to this segment. The competition in this segment is not as intense as it is in the bigger mass market. This means less investment in promotions / discounts / advertisements. This is a sustainable strategy as this segment will always value a quality product that gives them image value as well. Distribution Channels : Controlled distribution follows from its strategy of targeting. By availing its product in upscale restaurant / bars / peciality stores gives them advantages as under: 1. Signals that it is not part of the crowd (mass market) 2. Developing strong relationship with the premium restaurants and bars 3. Helps in controlling the price Bottle design: They have a first mover advantage in introducing a patented designer bottle in the market. This is patented and hence cannot be copied. Advertisement/promotions/brand associations: No TV advt. and no discounts. Brand associat ions and viral campiagns are a very important part of the strategy and that is the only promotion method that VOSS uses. Run of the mill advt. will put in the same league as other bottled waters in the market. Strategic Alignment: It is critical to note that the strategic alignment of all elements of strategy is what makes the marketing strategy of VOSS extremely successful. The strategy driven by differentiation (purest water and associating it with image – great design) is ably support by targeting/segmentation of premium segment. This combined with premium pricing and controlled supply helps in positioning. This then followed up with appropriate promotional strategy makes their mkt strategy work. This alignment gives them a distinct advantage which is sustainable and difficult to copy. As rightly pointed out in Business strategy, the competitive advantage emanates from management of the core resources of the firm and VOSS seems to be doing it pretty well. Opportunities and Challenges Growth is one of the biggest challenge for VOSS as the ultra premium segment is not a very fast growing segment. Some options for growth are :- Expand internationally in Emerging markets : The ultra rich segment is growing very rapidly in emerging economies like India and China. It may be a good opportunity for VOSS to enter these markets. Though there are challenges of imitation and localisation. Also, will that mean that it will affect its brand as may be people may start doubting its exclusivity? Enter the lower end of market : This is a tricky one. This is the fastest growing and biggest segment of the market. However, capturing this means going against its core segment and strategy. Though it may choose to develop its separate brand (VOSS Red) and push it in the Retail channel. However, before doing that it has to do a proper study and research on whether this will impact its premium brand (VOSS silver) or not. Flavoured Water : This is another option where it can do product enhancements and enter the flavoured water market. However, this may put it in the same league as other flavoured waters (no differentiation point-cannot claim it as purest flavoured water) Whatever is done, one thing is for sure that it is very difficult for VOSS to deviate from its core strategy of superior product offering which right now sets it apart.

Floodgates of litigation Essay Example | Topics and Well Written Essays - 1750 words

Floodgates of litigation - Essay Example Thus, there is some eminent fear that giving certain ruling in some cases has the likelihood of opening floodgates of litigation, which may overwhelm the courts and thus affects their efficiency, owing to the fact that there are still many cases and issues pending in courts, which have not been resolved yet1. However, this issue is controversial, since there is a feeling that; considering the aspect of opening floodgates of litigation while making legal determinations is unjustifiable. This is because, such a consideration is not part of the interpretation of the law, which is the prime function of the courts that separates them from the other arms of the government, so that they can act independently in interpreting the law2. Therefore, this discussion seeks to investigate why courts are concerned about floodgates of litigation, with a view to assessing where within the tort of Negligence, an evidence of this concern can be identified. The advocates of the concept of the floodgates of litigation argues that if a court takes certain course of action, it is likely to lead to a dramatic increase in legal litigations, which may affect the courts ability to discharge its duties. This is because; the court may not even be able to address other cases effectively due to the unmanageable number of litigations3. On the other hand, the critics of the concept of floodgates of litigation observes that making such a consideration while giving a legal determination is against the mandate of the courts, since there is no evident principle that provides for the courts to consider workload as a factor, while making a legal determination2. ... There are certain clauses of the law that seem to be so much ambiguous, so that their truthful interpretation becomes impossible4. Such clauses are vivid in their definition of terms, or provision of remedies, that the judges cannot apply them with certainty while determining cases. In the cases of such confusing rules, there are chances that giving a certain interpretation of such clauses would pave a way for further parallel interpretations, which would see many cases introduced to the courts, based on the same or the parallel interpretations made5. In this respect, it becomes necessary to invoke the concept of floodgates of litigation by the judges, so that they can prevent the occurrence of parallel interpretations and the consequent dramatic increase in the number of cases filed with the courts, based on such interpretations. It is upon this observation that a judge can look into the effect of giving a certain legal determination, and thus decide to forfeit it, based on the fact that it may lead to the introduction of an overwhelming number of cases to the courts. The second circumstance, under which the courts may be compelled to invoke the concept of floodgates of litigation, is under situation s where the provisions of the law are overly broad6. There are certain clauses of the law that can be interpreted so widely, that the interpretation will encompass some elements that contrasts previous interpretations, or gives new interpretations of the law that had not been applied previously. In case of an overly broad clause which leads to a contrasted interpretation with preceding legal interpretations, chances are high that the parties involved in such

Racism Essay Example | Topics and Well Written Essays - 250 words - 5

Racism - Essay Example This study is done because of such difference in physical location (Donaldson & Karen 37). Anthropology also studies various human races to help them determine how their lifestyle is connected to their past in relation to communication, culture and behaviors. Throughout scientific studies, there has been no proof of biological differences among individual because of race, it should be noted that all human are equal irrespective of their skin color, language, religion and culture. Scientific researchs shows that race is just a social aspect that has nothing to do with our biological and genetic origin. Race, according to various human activists, should not be the reason why certain individuals are looked upon as less human in our institutions and within the larger community. We should all start to look at one another in a different perspective because of the important things that we have learnt through them. Everyone should take it as a personal initiative to promote the spirit of togetherness to enable us make the world a better place for each

Leadership and culture Coursework Example | Topics and Well Written Essays - 1000 words

Leadership and culture - Coursework Example These roles may come with challenges. The manner in which leaders overcome these challenges would depend majorly on major traits and philosophies within a given leader. The major concepts of this theory are the personal composition of leader based on their physical appearance and cultural background. These cultures mould a leader and aid him or her in matters decision making and management of a given organization. Leaders aligned to this theory tend to focus more on their intellectual ability to manage a given situation. The most important aspect in this theory is the cognitive ability leader in determining what is essential at any particular period (Northouse, 2010). The leader is guide by principles within a given organization and she or he utilizes them to attain specific goals. A leader under this theory may create his own environment to influence his or her skill or modify existing environments and enable him manage a given organization. There are two major roles of a leader within a given organization. These roles include conflict resolution where the leader is required to guide an organization through challenges (Northouse, 2010). The second role entail mentorship where a leader is required to mentor individuals based on their personality and use their traits to ensure the process is a success. The two roles determine a leader through the trait theory. The theory outlines how leaders are separated through specific characteristics. The theory outlines the nature in which a leader succeeds of a given leader is determine by his or her behaviours. These behaviours are essential in a given organization. The theory organizes leaders into three major categories. The first category identify leaders that aim at gaining control over a given group and that the concrete on an entire organization and uses its structure to plan. The second set of leaders under this theory is those who are interested in the wellbeing of the organization and

R.W. Emerson and Transcendentalism Essay Example for Free

R.W. Emerson and Transcendentalism Essay Saying Ralph Waldo Emerson is the same as saying Transcendentalism. A word not many understand, a concept seen in his convictions; not only a literary movement but a lifestyle movement and the beginning of a long term change in society. † What is popularly called Transcendentalism among us, is Idealism;† (Emerson, The Trancendeltalist, from Lectures, 1842)this movement allowed intellectual support and leadership to a number of social reforms that would not have been able to occur without the ideals of Emerson. Looking at Emerson’s’ Nature, Self-Reliance, and other works along with his most recognized follower Henry David Thoreau’s Walden; there are many similarities in their context that apply to life today. One of the main ideals in the literary contributions of the Transcendentalist authors of the 1830-1880’s was the idea that man is not governed by the predisposition of the Calvinist movement during that time but rather a vessel himself to be closer to god and the divine. Gone were the text like writings of the earlier American authors and a new more feeling and personal literature emerged. Emerson believed that each person held a â€Å"spark of divinity† he advocated for nature and the lessons learned from it. Both Emerson and Thoreau were influenced by nature and both opposed to the political issues of their day; Thoreau being the more vocal in regards to the political issues as read in Civil Disobedience (MCMichael, 2007). But both avid supporters in social reform in America during the 1800’s in such areas as religion, education reform, and civil rights. The Transcendental movement started by Emerson also consisted of authors such as Louisa May Alcott, Frederick Douglass, Margret Fuller, Emily Dickinson and many others that have greatly influenced not only America’s literary movement, but major changes in political and social injustices that have plagued our nation since conception. Although both authors reflect on the elements, both Nature and Walden also address the underlying ideals of spirituality, simplicity and the value of self and the soul. Thoreau’s Walden is an actual attempt to live Emerson’s ideas wrote in Nature. â€Å"I went to the woods because I wished to live deliberately, to front only the essential facts of life, and see if I could not learn what it had to teach, and not, when I came to die, discover that I had not lived. I did not wish to live what was not life, living is so dear; nor did I wish to practice resignation, unless it was quite necessary. I wanted to live deep and suck out all the marrow of life, to live so sturdily and Spartan- like as to put to rout all that was not life, to cut a broad swath and shave close, to drive life into a corner, and reduce it to its lowest terms, and, if it proved to be mean, why then to get the whole and genuine meanness of it, and publish its meanness to the world; or if it were sublime, to know it by experience, and be able to give a true account of it in my next excursion. † (Thoreau) This personal statement reflective of transcendentalism, is directly influenced by the works of Emerson writes â€Å"The foregoing generations beheld God and nature face to face; we, through their eyes. † Thoreau in living on Walden Woods, recounts a little over two years of living off the land; growing his own food, building his own shelter, and reflecting in nature. Thoreau has walked back to the â€Å"foregoing generations† and attempted to reconnect with nature around him thus living out the ideas expressed in his mentors, Nature. Thoreau, in doing so realized the affects of simplicity in expanding our minds and understanding of self by observing the ever-changing nature around us, how it coexists and how we can reach enlightenment. The statement â€Å"A lake is the landscape’s most beautiful and expressive feature. It is Earth’s eye; looking into which the beholder measures the depth of his own nature. † (Thoreau) Is an insight into the motivation of the experiment Walden. It is also reflective of Emerson â€Å"In the woods we return to reason and faith. There I feel that nothing can befall me in life,-no disgrace, no calamity,(leaving me my eyes,)which nature cannot repair. Standing on the bare ground, my head bathed by the blithe air, and uplifted into infinite space, all mean egotism vanishes. I become a transparent eye-ball; I am nothing; I see all;† (Emerson) Wherein Emerson is stating that in nature he is able to let go of the realities of the industrial world and really see into one’s self and better understand our society and culture as a whole. Emerson attempted to change the view of people to a broader more objective and simple way of looking at life. By seeing the balance and simplicity of nature; really seeing, one can see into their own soul and better live life as it should be lived. â€Å"Nature always wears the colors of the spirit. † (Emerson) Not only did both Emerson and Thoreau believe in the simplicity of life in an effort to keep clarity of sight and mind, but they both believed in the importance of caring for and excepting self in the individual soul. Thoreau wants to get in touch with his soul and Emerson points out the vastness of the soul and the lack of complete usage of most. Emerson also says, â€Å"The soul circumscribes all things. As I have said it contradicts all experience. † (Emerson, The Over-Soul, Essays the first series, 1841) Emerson was a philosopher and teacher in the sense that he used his education and religious beliefs in creation of an alternate way of seeing things. America has been directly changed and in my opinion for the better by the ideal of Emerson. Many past, present and future leader in the areas of education and sociological reform were inspired by the words of Emerson and Thoreau . There are no days in life so memorable as those which vibrated to some stroke of imagination (Emerson) The wider impact that the ideas of Transcendentalism had on the development of America have changed and shaped our country as no other movement could. The views behind Transcendentalism include personal freedom, simplicity, dignity and value of every human life. The concept of God is not un-presented, rather excepted and added to the views that all man is responsible to live for himself to the best of himself and therefore be closer to the divine nature of self. Beware when the great God lets loose a thinker on this planet. Then all things are at risk. It is as when a conflagration has broken out in a great city, and no man knows what is safe, or where it will end. (Emerson) Many of the abolitionists and reformers of the 1800’s were seen as the embodiment of Transcendentalism. While others major social reformers, activists and philosophers such as Martineau Gandhi, and even Barack Obama have been influenced by Emerson and Thoreau. However no matter how great the influence and the outcome Emerson was a thinker waiting for the rest of the world to catch up with him in his beliefs. The reason he is and always will be a beacon of reason and hope to all of humanity can in a few words be reflected by his sense of divinity of self. â€Å"Finish each day and be done with it. You have done what you could; some blunders and absurdities have crept in; forget them as soon as you can. Tomorrow is a new day; you shall begin it serenely and with too high a spirit to be encumbered with your old nonsense. †(Emerson) Sources; Emerson, R. W. Nature. Emerson, R. W. (1841). The Over-Soul, Essays the first series. Emerson, R. W. (1842). The Trancendeltalist, from Lectures. Boston. MCMichael. (2007). Anthology of American Literature. Upper Saddle River: Pearson. Thoreau, H. D. Walden. http://www. transcendentalists. com/index. htm http://www. rwe. org/ http://www. npr. org/programs/morning/features/patc/walden/

Hart Fuller Contrasting Points Positivism And Natural Law Philosophy Essay

Hart Fuller Contrasting Points Positivism And Natural Law Philosophy Essay In our daily life the law playing prominent roles. The law always prohibits, controls, regulates as how the society need to act and behave. In order to avoid from being charged from any penalty the society has to ought to follow the law or regulation by the government. Previously, the natural law which may come from morality, reason, God, or some other such source ruled the people. Whereby the natural law acts as positive law as there is existence of particular ideal principles or importance to which the positive law should be consistent if it is to be as genuine law. Moral concerns invade the law at every aspect. The inflexibility of distinction between morality and the law- even it is continue to analytical clarity-is, to natural lawyers, highly difficult to believe. The legal positivists search for a value free account of law is contradicts the claims by the natural lawyer which it is failed to do the very fundamental of law, its morality- that the act of positing lawà ¢Ã¢â€š ¬Ã‚ ¦ can and should be guided by moral principles and rules; that those moral norms are a matter of objective reasonableness, not of whim, convention, or mere decision.  [1]  It is simply means that the legislators need come up with law which needs to be comply with moral concerns and need with apply to all the situations rather than it is being a passing impulse, formal agreement between the people and government. As far we concern as long we have good law does not mean we can produce a good society. The inner morality must be there in each individual so only we can develop a good society. Example, we have law shop lifting in all shops, where the shop lifters need be handed to police. The securities of the shop duties to keep on eye on shop lifters. As they catch any shop lifters they not able to touch them or scold them to put back the things as they prohibits to do so by safety and health law. The shop lifters should know that is to not good ethics, which need to come from their mind. This cannot be forced by any law. The law just being guidance for our daily life, mainly our inner morality is important to our daily life. Each individuals need to think and rationalize things which is good or not. Based on our selected perspective Hart and Fuller debate demonstrated the contrasting points of positivism and natural law. Lon Fuller found for family resemblance in different types of natural theories especially on principles of social order  [2]  . I discern, and share, one central aim common to all schools of natural law, that of discovering those principles of social order which will enable men to attain a satisfactory life in common. He also assumed that in all principles of natural law it was assumed that the process of moral discovery is a social one, and that there is something akin to a collaborative articulation of shared purposes by which men come to understand better their own end to discern more clearly the means for achieving them. Fuller claiming that the basic belief of natural law is an affirmation of the role of reason in legal ordering  [3]  . Fuller says that there is necessary for the relation between morality and law. As we can see he implies the law with practical value. Fullers initial argument that a legal system on purposive human enterprise of subjecting human conduct to the governance of rules. He simply means that the legal system had other objectives as well. In order a system of law to be qualified, the certain procedural objectives needs to be acknowledged as goals rather than being imply arbitrary force. A statute law (and other made law) were involved needs that they be sufficiently general (there must be rules); publicly promulgated; sufficiently prospective; clear and intelligible; free of contradictions; sufficiently constant through time so that people can order their relation according; not require the impossible; and be administered in a way sufficiently congruent with their wording so that people can abide by them  [4]  . These principles he described as an internal morality of law as they implyin g the concept of law. It also can be called as morality because they come up with standards for examining official conduct. If the legislators make rules which are not possible to obey by citizens it will lead to failure in making the law. In the event it will result in something bad law but not law at all. We can say that the law not reflecting a system of rules which is completely incapable of guiding conduct of legal system In order the system to be acknowledge as law it must essentially follow standard with principles of legality, and since according to Fuller he supports for particular moral values. It follows that we cannot describe the nature of law without resource to moral concepts. The concepts of legality are laws inner morality or resource to moral concepts. In Fuller point of view the Nazi Germany law can distinct from the ideal legal morality as Nazi law is created based applying things that have happened in the past. Fuller believes that if the legislators follow the procedural ideas which are create into the idea of law they more likely to provide good laws. He goes on to say that rest on the assertion of a belief that may seem naÃÆ' ¯ve, namely that coherence and goodness have more affinity than coherence and evil (Fuller, 1958, p 636). For when men are compelled to explain and justify their decision towards goodness ( Fuller,1958, p 636)à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.ask lohitha. H.L.A Harts Concept of Law (1961) is made research on connection between law, coercion, and morality. it is just a trial to answer the question whether all the law may be appropriately conceptualized as coercive orders or as moral commands. There is no need of link between law and coercion or between the law and morality says by Hart. He explain that to categorized all law as coercive orders or as moral commands is to oversimplify the relation between law, coercion, and morality. He further expands that to conceptualize all laws as coercive orders or as moral commands is to enforce a deceptive existence of uniformity on different types of laws and different types of social purposes which law may perform. He claims that to describe that all law as coercive orders is to mischaracterize that purpose and function of some law and is to misunderstand their content, mode of origin, and range of application. Simply means that the law supposes to imply to all citizen according to purposes or objectives of law rather than being arbitrary force. Hart says that primary rules of obligation which is the law enforces law or obligation towards individuals. For system of primary rules to work effectively, secondary rules may also be necessary in order to provide an authoritative statement of all the primary rules. If the primary rules seem to be incomplete or inadequate there is opportunity for the legislators me by can update the law in secondary rules. The secondary rules become very important when the courts utilizes to resolves any issues arise over interpretation and application of it. The secondary rules of a legal system may thus include 1) rules of recognition, 2) rules of change, and 3) rules of adjudication. If the rules are clear, not ambiguous and understandable to all individuals then only the primary rules of legal system can be run effectively. If it not so it may create uncertainty on obligations which they imposed to individuals. In secondary rules of legal system may also leads to uncertainty where there vagueness and ambiguity as to whether courts have legal authority over disputes relating to interpretation and applications of laws. Hart asserts that primary rules of obligation are not in themselves sufficient to establish of a system of law that can be formally recognized, changed, or adjudicated. Where it means that primary rules solely not able to provide a good law which can useful for all individuals. The primary rules need to work together with secondary rules from the initial stage of legislation. The combination of primary and secondary rules can acknowledge a legal system (although Hart does not claim that this union is the only valid criterion of a legal system or that a legal system must be described in these terms in order to be properly defined). Hart divided external and internal ideas on how the rules of a legal system may be explained or judged. The external idea can be said that where an observer who does not need to follow the rules of legal system. They can able to judge the scope of the rules of the legal system cause something in usual form of conduct on the part of individuals to whom the rules apply. Contrast with internal point of view, where individual who are regulated by the rules of the legal system and who obey the rules as normal of conduct. Harts discussion can make conclusion in such way that we cannot understand law other than as a standard practice, as a practice which uses the standard vocabulary of ought to, entitled to and only legal statement are practical.