Saturday, August 31, 2019

Have the Aspirations of the Un’s Founders as Laid Out

The United Nations was established at the San Francisco Conference on October 24 1945. The world had just witnessed the failure of the League of Nations to fulfill its purpose, the prevention of a Second World War. Consequently the countries that had opposed Germany and Japan looked to succeed where they had previously failed in promoting a â€Å"just and peaceful global community† (Taylor; Curtis, 2008 p. 314). The objectives, principles and structure of the organization they hoped would achieve this were recorded in the United Nations Charter. Upon entering the UN, members were required to consent to the set of conditions laid out in this treaty. At the outset there were 51 members. By 2006 this number had grown to include 192 member states, almost encompassing the entire world. Yet whilst the organization has grown in size, the question remains as to whether those aspirations originally laid out in the Charter have actually been met. I will argue that the United Nations has had some success in its capacity as a humanitarian organization, as well as being a useful tool helping to solve international economic, social and cultural problems. However I believe that the UN remains somewhat impotent with regards to issues of international peace and security. The UN Charter is composed of a preamble, followed by numerous articles grouped by topic into a total of 19 chapters. The preamble offers an overview of the hopeful aspirations upon which the UN was founded. The vision that is described consists of four crucial goals. These are then reiterated in the first chapter in a more formal context. The fist target of the UN is â€Å"To maintain international peace and security† (UN Charter). I will argue that the UN is, and indeed always will be incapable achieving this. The second goal laid out in the Charter is â€Å"To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples† (UN Charter). This effectively promotes the concept of state sovereignty, the idea that every state has the right to govern itself without alien intervention. I will argue that this too is unattainable in accordance with UN principles. My case for the failure of the first aim is based upon the principle behind the second aim, and visa versa. The case that I put forewords is that the ideal of simultaneously maintaining peace while promoting sovereignty is unattainable. The other aspirations of the UN include â€Å"solving international problems of an economic, social, cultural, or humanitarian character† as well as â€Å"promoting and encouraging respect for human rights† (UN Charter). I will argue that the UN has indeed had some success in achieving these two objectives. In order to assess whether the United Nations aim to promote international peace and security has been successful, it is first important to have some understanding of the UN Security Council and the way it functions. Originally it consisted of 11 states. In 1965 this number rose to 15. Of these states, five maintain a permanent membership whilst the ten others are elected on a biennial basis. For decisions made by the Security Council to be passed, a majority of 9 of the 15 member states must vote in favor of them. Furthermore this majority must include every one of the permanent member states, effectively granting them veto power over all decisions regarding security. The permanent members consist of â€Å"the USA, Britain, France, Russia (previously the Soviet Union), and China† (Taylor; Curtis, 2008 , p. 15), those states considered to be the great powers at the time the UN was formed. In accordance with the Charter, in the incidence of a perceived threat to international peace the Security Council first attempts to find a nonviolent means to settle the issue. This is described in Chapter VI and may involve settlement or mediation. Other non-violent methods may include â€Å"complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations† (UN Charter: article 41). Where violence is unavoidable the UN may sanction a peacekeeping mission with the objective of affecting a ceasefire or separating rival forces. The principles of UN with regards to international peace and security have now been described. It was the hope in 1945 that the Security Council could be used as a tool to â€Å"save succeeding generations from the scourge of war† (UN Charter: Preamble). However I would argue that just like the League of Nations before it, the fundamental principles behind UN’s security policies are flawed, rendering their aspiration for international peace impossible. It is my belief that the aforementioned policies of the Security Council are incompatible with the principle of state sovereignty, which is also endorsed as an aim of the UN in Article 2 (7) of the Charter, stating that â€Å"Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state†. F. H. Hinsley presents the idea of these two ideals clashing in his book ‘Sovereignty’ (1966). The Peace of Westphalia in 1648 â€Å"legitimized and standardized† (Watson; 1992) the practice of state sovereignty amongst major European powers, requiring them to recognize and respect the territorial integrity of other states. This is widely considered as being the formal introduction of state sovereignty into international relations. Sovereignty essentially refers to â€Å"the supreme authority in a political community† (basiclaw. net; 2004) and implies that states have the right to govern themselves, recognizing no higher authority. However even before such ideas were given proper recognition, states had always recognized their right â€Å"to go to war for any reason whatever, on any pretext at all, if it judged war to be in its interests or necessary for its security† (Hindsley; 1966:p230). It follows that this right is encompassed within those of a sovereign state, which recognize no higher authority and so are free to do that which is in their best interests. Hinsley points out that â€Å"after the end of the nineteenth century states clung tenaciously to this right, believing it to be fundamental to their sovereignty† (1966 p. 30). Yet at the same time, following the devastation of the Second World War, states were undoubtedly disinclined to enter another global conflict. In an attempt to maintain peace the United Nations was formed. Hinsley wrote that the League of Nations Covenant was ‘riddled with compromises which reflect the clash between their conviction that it had become imperativ e to restrict their right to go to war and their conviction that it remained impolitic or impossible to do so† (1966). I would argue that the same could be said for the United Nations Charter, which simultaneously prohibits war whilst insisting on state sovereignty. At the time when the UN was founded, this clash of interests represented in the Charter may not have been of great consequence. Nations were sick of war and were happy to respect sovereignty if it meant they could avert further conflict. This reflected the â€Å"traditional belief that diplomats should ignore the internal affairs of states in order to preserve international stability† (Taylor; Curtis, 2008 p. 20). However over time shifts in the international environment would change this. During the cold war, member states were tentative when it came to any sort of interference within other sovereign states. This was demonstrated in Jean Kirkpatrick’s (1979) essay written in the defending the preservation of brutal dictatorships in Latin America as a means of fighting communism without having to get directly involved (Forsy the 1988: 259-60). Furthermore â€Å"the process of decolonization had privileged statehood over justice†, the UN having â€Å"elevated the right to statehood above any tests of viability, such as the existence of a nation, adequate economic performance†¦Ã¢â‚¬  (Taylor; Curtis, 2008 p. 314). However with the end of the cold war came a shift in the attention of the international community towards â€Å"individual political and civil rights, as well as the right to basic provisions like food, water, health care, and accommodation† (Taylor; Curtis, 2008 p. 314). Charles Beitz exemplified this, being amongst the first to argue against unconditional statehood, claiming that subsequent to independence there must be greater consideration of circumstances of the individual (Beitz 1979). It was argued that these circumstances of the individual were not merely a humanitarian concern, but could potentially be â€Å"a threat to international peace and security. Evidence of a threat to international peace and security could be the appearance of significant numbers of refugees, or the judgment that other states might intervene militarily† (Taylor; Curtis, 2008). This developing association of morality with national interest in the UN agenda is what I believe brings to light the clash between the aspirations of the UN, one being to promoting international peace, the other being the preservation of the â€Å"self-determination of peoples† (UN Charter, article 1). In order to uphold the rights of individuals where they are being neglected, intervention is necessary. Here it seems the UN is caught in a catch 22. On the one hand they can neglect to take interventionist action in order to protect sovereignty. This can be seen in the reluctance of the UN intervene n Darfur which in 2009 had resulted in the death of â€Å"up to 200,000 people and left 2. 7 million homeless† (Tisdall, 2009). Alternatively they have the option of a â€Å"relaxation of the non-intervention principle† (Taylor; Curtis, 2008 p. 323). However this approach is equally problematic in attempting to ensure international peace, creating a â€Å"slippery slope† whereby states will take military action without the approval of the UN (Taylor; Curtis, 2008 p. 314). This is recognized by Hinsley, who points out that â€Å"States easily exploit such loopholes. If they cannot plead self-defense for using force- a difficulty which they rarely encounter – they can use it without declaring war or justify it by claiming that they are acting in a good cause as the Security Council would act if the Security Council were not stalled. † (Hindsley, 1966 p. 233). The 2003 invasion of Iraq can be seen to illustrate this point. Before entering Iraq, America looked to gain UN approval. Whilst there has been great speculation over its motivations for doing so, the justification given to the UN was Iraq’s supposed possession of weapons of mass destruction. The alleged presence of these meant the US could claim they were acting to protect the interests of their people. Later the violation of human rights was also given as a justification. However the UN security council did not come to a decision in the winter of 2003 and â€Å"France and Russia threatened to veto a second Security Council resolution authorizing force† (Taylor; Curtis, 2008 p. 323). Regardless of this response a US-led coalition waged war in Iraq in March 2003. The Iraq War case study demonstrates the impotence of the UN to prevent major powers from pursuing their own agendas, even when these agendas threaten international security. In an interview with the BBC, the United Nations Secretary General, Kofi Annan has said, â€Å"from our point of view and from the Charter point of view [the war] was illegal† (2004). On the other hand a statement from the â€Å"Bush administration’s National Security Strategy of September 2002† (Taylor; Curtis, 2008) claimed that the US â€Å"will be prepared to act apart when our interests and unique responsibilities require† (NSS, 2002: 31). This perfectly illustrates how a state exercising its sovereignty, acting in its own special interests which in this scenario include going to war, is at odds with the principles set out in the UN. I would argue that this failure in not a result of UN administration or procedure. It seems instead that the UN is based upon a flawed principle that attempts to encompass two opposing ideals. A system that acknowledges the fact that states internal affairs are of international consequence and therefore can potentially merit intervention, cannot at the same time achieve its aim to maintain international state sovereignty. We see America is unable to exercise its right as a sovereign state to wage war on Iraq under the terms of the Charter, and so must act outside it. Ultimately I would conclude that the ideals at the heart of the UN have rendered it powerless to prevent international conflict impossible. Likewise the ability to justify interventionist policies through the terms of the charter means that the UN can never fully achieve its aspiration to allow the â€Å"self-determination of peoples†. I have already touched somewhat upon another ambition set out in the UN Charter, the aim to promote & protect human rights. However as yet I have only addressed human rights issues with a view to them potentially being a threat to international peace and security. I shall now go on to look at them in greater detail, explaining why I believe the UN has to some extent been successful, despite the fact that human rights abuse is still rife in the world today. A major problem faced by the UN in their efforts to spread human rights is a lack of trust between states that results in a breakdown of international cooperation. The inclusion of human rights earlier in the essay when focusing on issues regarding security and sovereignty highlights an important point. Since the rise in humanitarian intervention after the end of the cold war, there have been â€Å"doubts about the extent to which ‘humanitarian intervention’ is a separate legal or conceptual category† (Welsh, 2006, p. 81). Between 1991-2000 there were 9 cases of humanitarian interventions in Northern Iraq, Bosnia and Herzegovina, Somalia, Rwanda, Haiti, Albania, Sierra Leone, Kosovo and East Timor (Welsh, 2006). However in all but two cases the UN Security Council or independently acting states did not cite â€Å"humanitarian considerations alone as a basis for intervention† (Welsh 2006, p. 81).

Friday, August 30, 2019

The Importance and Application of Principles of Management in the Present Day Context

The aim of all good modern organizations is to reconcile the organizational purpose (whether this be profit for shareholders, or cost-effective services delivery, in the case of public services) with the needs and feelings of people (staff, customers, suppliers, local communities, stakeholders, etc) with proper consideration for the planet – the world we live in (in terms of sustainability, environment, wildlife, natural resources, our heritage, ‘fair trade', other cultures and societies, etc) and at all times acting with probity – encompassing love, integrity, compassion, honesty, and truth.Probity enables the other potentially conflicting aims to be harmonized so that the mix is sustainable, ethical and successful. [pic] Traditional inward-looking management and leadership skills (which historically considered only the purpose – typically profit – and the methods for achieving it) are no longer sufficient for sustainable organizational success. Org anizations have a far wider agenda today. Management Management is the process of reaching organizational goals by working with people and other resources.Or knowing what you want people to do, and then getting them to do it the best way. Managers must concentrate on reaching organizational goals, and they should use their resources to accomplish those goals. For many years the management process has been divided into principles, sometimes called functions. Some sources will state that there are five principles and others will say there are four. Here we will use four: planning, organizing, influencing, and controlling. Some people use decision making as a fifth principle, but we will use decision making as part of the planning process.Also, some use leading instead of influencing, but we like the term influencing better. Management is a continuing process, and managers are always involved in some way with these principles. These principles are designed to help managers accomplish o rganizational objectives, and good managers will use them. These principles are not isolated but are interwoven throughout the manager’s thoughts and actions. Managers must combine and coordinate these principles and must maximize their value to achieve their goals.Managers strive to be effective and efficient and these principles help them. These management principles are universal and applicable to all types of businesses and organizations The basic ideas regarding scientific management developed. They include the following: †¢ Developing new standard methods for doing each job †¢ Selecting, training, and developing workers instead of allowing them to choose their own tasks and train themselves †¢ Developing a spirit of cooperation between workers and management to ensure that work is carried out in accordance with devised procedures Dividing work between workers and management in almost equal shares, with each group taking over the work for which it is best fitted Principles of Management The principles of management derive their significance from their utility. They provide useful insights to managerial behavior and influence managerial practices. Managers may apply these principles to fulfill their tasks and responsibilities. Principles guide managers in taking and implementing decisions. It may be appreciated that everything worthwhile is governed by an underlying principle.The quest of the management theorists has been and should be to unearth the underlying principles with a view to using these under repetitive circumstances as a matter of management habit. [pic] The significance of principles of management can be discussed in terms of the following points: †¢ Providing managers with useful insights into reality: The principles of management provide the managers with useful insights into real world situations. Adherence to these principles will add to their knowledge, ability and understanding of managerial situations and cir cumstances.It will also enable managers to learn from past mistakes and conserve time by solving recurring problems quickly. As such management principles increase managerial efficiency. For example, a manager can leave routine decision-making to his subordinates and deal with exceptional situations which require her/his expertise by following the principles of delegation. †¢ Optimum utilization of resources and effective administration: Resources both human and material available with the company are limited. They have to be put to optimum use.By optimum use we mean that the resources should be put to use in such a manner that they should give maximum benefit with minimum cost. Principles equip the managers to foresee the cause and effect relationships of their decisions and actions. As such the wastages associated with a trial-and-error approach can be overcome. Principles of management limit the boundary of managerial discretion so that their decisions may be free from perso nal prejudices and biases †¢ Scientific decisions: Decisions must be based on facts, thoughtful and justifiable in terms of the intended purposes.They must be timely, realistic and subject to measurement and evaluation. Management principles help in thoughtful decision-making. They emphasize logic rather than blind faith. Management decisions taken on the basis of principles are free from bias and prejudice. They are based on the objective assessment of the situation. †¢ Meeting changing environment requirements: Although the principles are in the nature of general guidelines but they are modified and as such help managers to meet changing requirements of the environment.You have already studied that management principles are flexible to adapt to dynamic business environment. For example, management principles emphasize division of work and specialization. In modern times this principle has been extended to the entire business whereby companies are specializing in their co re competency and divesting non-core businesses. In this context, one may cite the decision of Hindustan Lever Limited in divesting non-core businesses of chemicals and seeds. Some companies are outsourcing their non-core activities like share-transfer management and advertising to outside agencies.So much so, that even core processes such as R&D, manufacturing and marketing are being outsourced today. †¢ Fulfilling social responsibility: The increased awareness of the public, forces businesses especially limited companies to fulfill their social responsibilities. Management theory and management principles have also evolved in response to these demands. Moreover, the interpretation of the principles also assumes newer and contemporary meanings with the change in time. So, if one were to talk of ‘equity’ today, it does not apply to wages alone.Value to the customer, care for the environment, and dealings with business associates would all come under the purview of this principle. †¢ Management training, education and research: Principles of management are at the core of management theory. As such these are used as a basis for management training, education and research. You must be aware that entrance to management institutes is preceded by management aptitude tests. Do you think that these tests could have been developed without an understanding of management principles and how they may be applied in different situations?These principles provide basic groundwork for the development of management as a discipline. Principles of Scientific Management In the earlier days of the Industrial Revolution, in the absence of an established theory of factory organization, factory owners or managers relied on personal judgment in attending to the problems they confronted in the course of managing their work. This is what is referred to as ‘rule of thumb’. Managing factories by rule of thumb enabled them to handle the situations as they arose but suffered from the limitation of a trial and error approach.For their experiences to be emulated, it was important to know what works and why does it work. For this, there was a need to follow an approach that was based on the method of science- Defining a problem, developing alternative solutions, anticipating consequences, measuring progress and drawing conclusions The Main principles of management applied today are: †¢ Division of Work: Work is divided into small tasks/jobs. A trained specialist who is competent is required to perform each job. Thus, division of work leads to specialization. Specialization produces more and better work with the same effort. Authority and responsibility: Authority is the right to give orders and the power to exact obedience. A manager has official authority because of her position, as well as personal authority based on individual personality, intelligence, and experience. Authority creates responsibility. †¢ Discipline: Discipl ine is the obedience to organizational rules and employment agreement which are necessary for the working of the organization. According to Fayol, discipline requires good superiors at all levels, clear and fair agreements and judicious application of penalties. Unity of Command: An employee should receive orders from only one superior. †¢ Unity of Direction: Organizational activities must have one central authority and one plan of action. †¢ Subordination of Individual Interest to General Interest: The interests of one employee or group of employees are subordinate to the interests and goals of the organization. †¢ Remuneration of personnel: Salaries – the price of services rendered by employees – should be fair and provide satisfaction both to the employee and employer. Centralization and Decentralization: The concentration of decision-making authority is called centralization whereas its dispersal among more than one person is known as decentralizatio n. The objective of centralization is the best utilization of personnel. The degree of centralization varies according to the dynamics of each organization. †¢ Scalar Chain: An organization consists of superiors and subordinates. The formal lines of authority from highest to lowest ranks are known as scalar chain. †¢ Order: Organizational order for materials and personnel is essential.The right materials and the right employees are necessary for each organizational function and activity. †¢ Equity: In organizations, equity is a combination of kindliness and justice. Both equity and equality of treatment should be considered when dealing with employees. †¢ Stability of tenure of personnel: To attain the maximum productivity of personnel, a stable work force is needed. †¢ Initiative: Thinking out a plan and ensuring its success is an extremely strong motivator. Zeal, energy, and initiative are desired at all levels of the organizational ladder. Esprit de corps : Teamwork is fundamentally important to an organization. Work teams and extensive face-to-face verbal communication encourages teamwork. Change management is a basic skill in which most leaders and managers need to be competent. When leaders or managers are planning to manage change, there are five key principles that need to be kept in mind: †¢ Different people react differently to change †¢ Everyone has fundamental needs that have to be met †¢ Change often involves a loss, and people go through the â€Å"loss curve† †¢ Expectations need to be managed realistically †¢ Fears have to be dealt withHow to apply the above principles when managing change: †¢ Give people choices to make, and be honest about the possible consequences of those choices. †¢ Where it is possible to do so, give individuals opportunity to express their concerns and provide reassurances – also to help assuage potential fears. †¢ Give people information â€⠀œ be open and honest about the facts, but don't give overoptimistic speculation. †¢ For large groups, produce a communication strategy that ensures information is disseminated efficiently and comprehensively to everyone (don't let the grapevine take over). Keep observing good management practice, such as making time for informal discussion and feedback (even though the pressure might seem that it is reasonable to let such things slip – during difficult change such practices are even more important). †¢ Give people time, to express their views, and support their decision making, providing coaching, counseling or information as appropriate, to help them through the loss curve. †¢ Where the change involves a loss, identifies what will or might replace that loss – loss is easier to cope with if there is something to replace it. This will help assuage potential fears.

Thursday, August 29, 2019

One of the Major Causes of Obesity Essay

Mark Bittman’s article â€Å"Coke Blinks† discusses how the famous soda company, Coca-Cola, recently released a video where it addresses the growing problem in our nation of obesity. In the video Coca-Cola attempts to claim that it is not their fault people are obese; it’s the consumers fault because the company offers low calorie beverages and now has smaller proportioned drinks. They are basically saying that every calorie counts and not just the ones in their products. Bittman describes this video as, â€Å"Sheer manipulation, calculated to confuse, obscure and deny.† Bittman beliefs sugar, â€Å"Especially in liquid form† is extremely harmful and not just because it leads to obesity. He thinks Coca-Cola is more focused on making money than it is trying to help the nation deal with obesity. He goes on to compare soda to nicotine saying, â€Å"Soda is a fructose delivery system as tobacco is a nicotine delivery system.† He is stating that Coca-Cola is doing the same thing tobacco companies once did, ignore the fact that their product was extremely harmful and they didn’t want the consumers to know because it would lead to a loss in product sales. This article focuses on the negative effects that sugar based beverages have on the body. Bittman states, â€Å"There is virtual consensus that drinking too much soda is bad for you, and it’s not hard to understand the evidence.† In the end Coca-Cola is simply trying to lessen its bad reputation for causing health problems such as diabetes and chubbiness by releasing a video which talks about obesity. Bittman is implicating the irony in Coca-Cola’s video and he simply trying to warm people not to drink soda because it’s not healthy.

Wednesday, August 28, 2019

Homework Essay Example | Topics and Well Written Essays - 500 words - 36

Homework - Essay Example In the ensuing years, beginning 2010, the economy started to pick up, as the firms that had closed down during the financial crisis resumed and people were slowly but surely getting back their jobs. As early as 2013, the fight against the fiscal cliff was almost concluded and every other macroeconomic element looked to be back in their right shape. Since the end of the credit crunch, the US has enjoyed years of uninterrupted economic gains. Unemployment has significantly reduced, as well as the inflation rate. However, much as things have been improving, economists argue that the pace is a bit slower than the one that was witnessed in the wake of World War II. Statistically speaking, the US economic growth rate has averaged about 2.25% since it started bouncing back from the effects of the 2008/9 credit crunch. In 2014, the growth rate was thought to have gone below 1%, and unemployment hasn’t reduced to desired levels (Recession and Recovery, 2014). The dragging growth rather is mainly attributed to the budget problems. The fiscal cliff did not do enough to reduce the budget deficit which was almost $0.98 trillion in 2014. In the years preceding the global financial crisis, the United States economy was growing at a rate of about 3.25% and the budget deficit was as low as $0.5 trillion. As it stands currently, the budget deficit needs to be cut by about $0.3 trillion for the economy to be said to be recovering at a good pace. Unemployment: For four years since 2009, the unemployment statistics in the US had been coming down at a slow but a steady pace. For instance, by the start of 2014, about 160 jobs opportunities had been created and the unemployment rate stood at 7.7%. Taxes: The fiscal cliff debates were mostly about raising taxes for the rich, but it emerges that most of the middle-class Americans part with an additional $600-1200 annually. This is mainly attributable to the expiration of the payroll

Tuesday, August 27, 2019

Epic Hero Hercules Research Paper Example | Topics and Well Written Essays - 1250 words

Epic Hero Hercules - Research Paper Example In his mind, Zeus wanted to have a son with skills and strength to become a hero among men and the gods’ agent. When Hercules grew up performing odd tasks, King Thespius of Thespia recognized him and offered him his 50 daughters to have children with Hercules. Hercules was able to impregnate 49 of the 50 daughters who gave birth to 51 sons, with the eldest and the youngest giving birth to twins (Burges, 2004: 14). Hercules grew up as a hero performing extraordinary tasks. In his lifetime, he performed twelve different labors. As an order from King Eurystheus, Hercules was supposed to perform only ten labors, but since the King nullified two of them, he performed twelve. Hercules was able to murder a Nemean lion and brought back its skin. The Nemean lion had a very thick skin which could not be penetrated through. He murdered the lion by strangling it and with the help of the claws of the lion he penetrated through its thick skin and removed it. From then on, Hercules wore the skin as his armor (Stewart, 2004: 36). Another labor performed by Hercules was when he killed the Lernaean Hydra. The Lernaean Hydra was a monster serpent which had many heads and lived in the Lerna Lake. The Hydra was guarding the way to the underworld. It was so strange that for every head Hercules cut off, two more heads grew back in the cut place. Iolaus, Hercules nephew, had the idea of burning the stumps after cutting the heads so that they could not grow back, and it worked. He then buried the dead body of the Hydra beneath a boulder. He took all his arrows and immersed in the poisonous blood of the Hydra which made them poisonous. However, Eurystheus disqualified this labor of Hercules as he received help from his nephew (Loewen, 1999: 324). Hercules also managed to capture the Ceryneian Hind which was a huge deer sacred to the goddess Artemis. The deer did have hooves made of bronze and antlers of gold. The hind was known to be very fast that it could even outrun an arrow b ut Hercules followed it for a whole year on foot and managed to shoot it on the leg with a non-poisoned arrow. Since the hind was sacred to goddess Artemis, Hercules asked for forgiveness and the goddess forgave him on condition that he would bring back the hind safely (Weisbort, 2005: 26). Hercules captured a great beast that lived on Erymanthos Mountain where goddess Artemis used to visit. The beast was known as the Erymanthian Boar. Hercules was able to force the boar into thick snow with the help of centaur Chiron who advised him to do so. After the boar was in form of thick snow, Hercules captured it and took it to King Eurystheus. Hercules cleaned the Augean stables. King Augeas had the greatest number of cattle in the nation which were his divine gift and were immune to diseases. This meant that it was not necessary for anyone to clean the stables. The king challenged Hercules to perform the task in just one day and he could give him an eighth of his cattle. Being a hero, Her cules redirected rivers Peneus and Alpheus through the stables and the task was done. However, the king did not fulfill his promise to Hercules, which made Hercules angry, and he murdered the king (Weisbort, 2005: 34). Hercules killed man-eating birds known as the Stymphalian birds. The birds had metallic and poisonous feathers that could fire as weapons. The birds lived in the woody area that surrounded Lake Stymphalia and this made it hard for the birds to be

Gender and History in Modern South Asia Term Paper - 1

Gender and History in Modern South Asia - Term Paper Example It is worth considering what other people perceive as being Chinese citizenship as opposed to the perspective of the Chinese themselves. Some of the ancient practices by Chinese people have faced stiff rejection especially over the course of the twentieth century by citizens who are believed to be from China. During the empire rulings, traditional rituals and practices were common among Chinese communities but cultural erosion has been greatly evident especially during the first half of the twentieth century. In the nineteenth century, Chinese were seen to uphold and respect their cultural practices such as marriage and burial rituals. However, things have significantly changed during the twentieth century where traditions have been greatly rejected by the Chinese. Instead, they are turning to modern life by abandoning indigenous ways of dressing and practices for the modern way of life. Chinese people have encountered a number of challenges as they try to transform from imperialism to modern way of life but by the help of educated people in the society, effective techniques have been used to liberate China from imperialism. The nation of China was a long time ago composited of small communities until when transformation took place over the nineteenth and twentieth centuries. The kind of leadership that was in place was quite different from the current one since centralization was in practice as opposed to decentralized leadership practiced today. The ruler of the state was an emperor the Son of Heaven who held the central position of cosmos (Harrison 2). Besides the emperor, there existed a bureaucracy education which, had characteristics that clearly portrayed the existence of modern China. However, it is worth noting the emperor was then perceived as a world but not as a country. Nevertheless, this did not mean that the Qing courts did not recognize the presence of other nations since they could have a negotiation with foreigners only that the negotiations could never be allowed to erase Chinese culture.  

Monday, August 26, 2019

Assignment Example | Topics and Well Written Essays - 500 words - 100

Assignment Example Poverty, joblessness and dysfunctional families are common traits of highly segregated groups. This leads to high rates in crime as a way of venting stress. 3. Ethnic diversity has economic and social benefits. Economically, such cities achieve high rates of growth because of minimal segregation and, therefore, workers tend to have peace of mind at their workplaces hence increasing their overall efficacy. On a social perspective, ethnic diversity improves the talents of individuals. For example, the diverse genres of music present in the U.S. are positive consequences of ethnic diversity. 4. Los Angeles is among the most highly populated cities in the U.S. It has most Latinos than anywhere else in America, but is ethnically diverse. One reason is because of the presence of ethnic enclaves such as ‘Little Ethiopia,’ ‘Chinatown’ et cetera, which gives each group a sense of belonging. In addition, it is a busy city with numerous opportunities making people too busy to be segregating themselves. d. San Francisco, California- Other groups are the ethnic minorities because the city has ethnic diversity and has other races relatively well represented (Mapping America: Every city, every block, 2010). a. Southern Cities- Memphis, Nashville, Birmingham, Jackson, and Atlanta have Black or African American as the main race. This is because of their location. It is likely that during the early entry and slavery of the Blacks, most gained entry into America from these regions and settled there. d. Our three largest cities- New York, Los Angeles, and Chicago have Whites who are not Hispanic or Latinos as the main race. However, Blacks and other races also make up a significant fraction of the population. This is because they are chief economic hubs thereby attracting ethnic diversity. 7. The three types of boundaries that can be seen from the map are racial boundaries in

Sunday, August 25, 2019

Writting assingment on john wycliffe (argument ) Essay

Writting assingment on john wycliffe (argument ) - Essay Example The childhood life and the environment in which John Wycliffe grew shaped his future life. According to Roberts, the birth date of Wycliffe is estimated to be around 1330 and he grew up in Yorkshire, England (1). During this period, the clergy people had great influence in the community and flourished an expensive life compared to the other citizens. It is these scenarios that influenced Wycliffe to become an anticlerical supporter in the world of religion. Roberts further states that Wycliffe was interested in studying English and was also interested in the matters of spirituality (1). These passions exhibited by Wycliffe at his tender age were reflected in his life at latter years. For instance, Wycliffe was motivated to study theology at Rector of Fillingham College and also contributed to the bible translation into other vernacular languages (Roberts). These kinds of activities require people with passion to learn and exercise their writing skills. It is after his studies and interaction with the clergy people that Wycliffe clearly understood and influenced his civilization concerning the Holy Scriptures and the conduct of the church leaders. Because of his spirituality and involvement in various church activities, Wycliffe was supported by the church for his further studies in Oxford University. Wholesome Words Organization cites that John Wycliffe once served at the parish of Ludgershall (1). This indicates that Wycliffe real life experience of the functioning of church in England. Moreover, Farley explains how Wycliffe was directly involved in the spread of the gospel. However, it is after joining the Oxford University as a scholar that Wycliff started attacking the Catholic clergy for practicing the ‘wrong’ approach in Christianity. It is also at this time that he became closer to the son of King Edward III and therefore received

Saturday, August 24, 2019

Kentucky Fried Chicken Business Expansion Marketing Plan Case Study - 3

Kentucky Fried Chicken Business Expansion Marketing Plan - Case Study Example The research design will be based on a random sample and small community that has a KFC located nearby. The qualitative and quantitative research will define the overall trends on a global level, they will focus on a survey sample to identify why KFC is experiencing changes within the franchise. The benefit of this will provide KFC with a new marketing approach that will help to expand their services as a leading fast food restaurant. KFC, also known as Kentucky Fried Chicken, first opened its doors in 1930, beginning at the Great Depression. The first restaurant opened in Corbin, Kentucky, and was then known as Sanders Court and Cafà ©, named after the founder, Harland Sanders. By 1936, Sanders was named a Colonel for the cuisine and was able to expand his restaurant to include more recipes and a higher amount of traffic. By 1940, the original recipe, which is one of the secret ingredients of the chicken was introduced, which instantly led to the widespread popularity of the restaurant and the kitchen. In 1955, Sanders began to sell his recipe to other restaurants to pay off debts, which led to the opening of KFC in 1957. By 1960, KFC became a franchise and grew into a national commodity with some of the best-known chicken, which quickly grew into restaurants in Canada and in Europe. By 1982, KFC became a subsidiary of R.J. Reynolds Industries and was able to be a part of fast food chains known internationally, such as Taco Bell. The popularity of KFC continued to grow with several newer recipes, including â€Å"finger-lick in' good† chicken recipes and new options for low fat and healthy options for the different menu items (KFC, 2010). The changes in KFC and the building of this brand have allowed the corporation to become one of the most popular alternatives for those that enjoy chicken. This particular brand stands apart from others because of the ability to offer chicken as the main menu item.

Friday, August 23, 2019

Sources of Donations for BYS Research Paper Example | Topics and Well Written Essays - 1000 words

Sources of Donations for BYS - Research Paper Example Sources of Donations for BYS The purpose of this study is to explore how public relation marketing can help in raising funds and gaining donations as well as creating brand image. It also gives an overview of planning and management that will help to find the source for donation that matches the ethical standards of an organization. Donations prove to be the best way for any organization to engage itself in public relation marketing. It all depends on the relationship maintained with other organizations, which can possibly generate donations for BYS. The ethical standards of the company define the communication and relationship it maintains with other companies. As every organization has its own â€Å"ethical codes† which the employees have to follow, based on this one can create recognition for the brand and organization. Newspapers, magazines, press release and digital media are the sources that facilitate public relation marketing for donation. To align with the values of public relation marketing there should be persuasion and influence among the people, and the â€Å"power to persuade† depends purely on the individual’s ability. The credibility of an organization depends on branding and it comes from public relation marketing. To gather more source of donation from other firms there sho uld be a proper communication and good awareness of brand and it can be done through public relation marketing. Public opinion is formed through â€Å"communication model† and the individuals who practice public relation play the most important role in communication cycle. (p. 35). It is their knowledge that helps the organization to ensure smooth performance. Public relation practitioners help the firm to gain trust from their key clients. People expect the organization to be good and contribute socially for a good cause. In this context, public relation marketing and social responsibility go hand in hand. Challenges faced during this process, however, can affect the values of public and community. Therefore, the organization should not encourage activities that may negatively impact the company’s relationship with the media. Communication break down can result in poor response for brand publicity as well as the source for donation. In large scale enterprises, donatio n work is done by the public relation department, who are responsible for marketing the areas of interest among the targeted audience. Proper allocation of investment and sponsorship are the essence of public relation marketing for donation source. Right choice of marketing benefits the brand image and helps in creating a really impressive impact on donors. The partners and stakeholders of a company are the biggest beneficiaries of the organization’s brand image. Hence before getting into marketing for a particular cause there should be choice of donors. The ethical professional standards of the company are designed by the CEO and the public relation officers. The credibility of the company comes from loyalty, which should be basically maintained through public relation by the professionals. This calls for setting a timeframe as well as aligning the efforts of individuals with the values and ethics of public relation. Describe two sources of donations that do not align with t he values of public relations marketing and BYS’s mission. Analyze how these donors could diminish BYS’s reputation for providing services based on ethical standards. Few think that socializing with other firms or taking gifts for expanding business is unethical and can bring down the brand image. If the company is looking for donation for a particular cause, then there should be a sincere way of approach based on company policy. The ethical standards of th

Thursday, August 22, 2019

Jack London and His Wild Side Essay Example for Free

Jack London and His Wild Side Essay Many of Jack Londons novels have the unique characteristic of portraying survival of the fittest, the humanizing of animals, and a contrast of savagery and civility in their protagonists. Subsistence was the number one priority for heroes and villains in many of Londons books. This quest for existence and life was a difficult one in the harsh environments Jack London favored as settings in his books. Therefore survival of the fittest was the law and it sparked the transitions between savagery and civility in its wake. Those affected were traditionally the lone animal heroes prevalent as protagonists in Londons works. To portray these characters, the humanizing of them was a necessary and well-employed tactic that London also utilizes to hold the readers interest. As most of Londons works take place in the wild, it is only natural that his heroes and heroines should be individualists to be able to survive. They challenge the wrath of nature, and those who are strong enough generally live (Ludington). Although the natural world plays a grim role in Londons works, it plays no favorites, and requires those existing in it to meet its demands. This proves to be a central conflict and consistent theme in many works. To Build a Fire demonstrates the conflict of Man versus Naturereveal[ing] Londons sense of the awesome appearance of Nature, sometimes harsh but always impressive (McEwen). On Londons famous novel, White Fang, Earle Labor comments it is structured on ideas rather than upon myth, [it] is a sociological fable intended to illustrate Londons theories of environmentalism (79). Londons works focused on what he considered his philosophy of life. Through his canine protagonists in The Call of the Wild and other books, he expresses the themes of survival, courage, strength, determination, and respect for the truth (McEwen). Jack Londons so-called Klondike Heroes were an independent but still compassionate group who showed respect to the eternal laws of nature and to the overwhelming presence of conscience (Labor 50). Those who took to these values and lived by them at the very least survived, and at the most became leaders of their surroundings. In The Call of the Wild, Buck is snatched from an easy life and submitted to brutal treatment and a harsh environment in the Klondike, [and only] survives because he is the superior individual (Ludington). The dogs learned that kill or be killed, eat or be eaten, was the law. Almost above these laws is Buck. When he was made, the mould was broke, says Pete, a sleigh driver in the book (Ashley). The dog was not instantly a leader however, he first overcomes terrible hardships and falls into brutal skirmishes with both men and other animals, displaying the level of courage and cunning required in Jack Londons philosophy to become a hero (McEwen). Among the lessons learned by Buck are treachery and nobility, faithfulness unto death, and a conviction that moral nature is a vain thing and a handicap in the ruthless struggle for existence' (Ashley). Part I of The Call of the Wild, the most naturalisticsection of the book, deals with physical violence and amoral survival of the dogs which paves the way for their progression into the heroes that London wished to portray them as (Labor 73). In Londons book The Sea Wolf, Wolf Larsen is an arrogant individualist who survives for awhile on an island without many provisions. Though he later perishes, supposedly as an indirect result of his moral flaws, his prolonged existence on the island can only be attributed to his admiral strength and skill- two characteristics that London holds in high esteem (Ludington). These are, however, not the only traits necessary to survive in a harsh environment as London stresses in In a Far Country. Survival of the fittest is expressed as not only a matter of physical fitness, but also of ethical integrity (Labor 53). Individualism, though sometimes detrimental to the character, is also a major theme in many of Londons works. Few persons who have ever encountered his work can totally forgetthe lost miner who wanders across the Arctic waste land in a nightmarish odyssey of starvation and exposure, sustained solely by an incredible will to live; or either of the magnificent dogs: Buck, captivated by the call of the Northland Wild, and White Fang, tamed by the loving-kindness of a gentler master. (Labor 49) Wolf Larsen, in The Sea Wolf, goes beyond survival to domination. He is the captain and master of his vessel and its crew. What gets in his way goes overboard whether its a scullion or his first mate. Larsens motives of ambition and absolute superiority dominate his character to form a totally different connection between him and his pack than did Buck with his (Sandburg 30). Another dominant theme in Londons works is the humanizing of animals. By giving animals characteristics of a man, basically personifying them, London makes it easier and more enjoyable for the reader to relate to the animals situation. His ability to have the reader connected with creatures, to have the reader peer into their minds and hearts, makes their struggles, triumphs, and defeats all the more poignant (McEwen). Both The Call of the Wild and White Fang are beast fables because they provoke peoples interest -whether we know it or not- in the human experience, not in the plight and hardships of lower animals (Labor 69). Buck, in The Call of the Wild, takes on an almost human personality, not because of his actions or thoughts but because the reader can see his thoughts and understand his actions (McEwen). The difference is [the books] radical departure from the conventional animal story in style and substance- the manner in which it is overdetermined in its multilayered meaning, letting readers understand the dogs better than they may understand themselves (Labor 72). Not only are dogs humanized in Londons canine novels, but the humans are significantly de-humanized. This personification of animals gives them very flexible personalities than those of the humans, which tend to lack depth. This reversal of roles makes it entirely possible for the dogs, which are even given names, to be characters in the sense that the humans of the novels will never achieve. Even Judge Miller, by whose Santa-Clara, California, fireside the young Buck lay in innocence and peace before he was dognapped, has more of a function than a character at all. The humans in The Call of the Wild such as John Thornton, Black Burton, and other bad guys are stock characters for which the reader provides their qualities from other reading rather than discover them in the novel (Ashley). The only real character is the dog who displays the humility and natural wisdom which the man fatally lacks: Its instinct told it a truer tale than was told to the man by the mans judgementThe dog did not know anythingBut the brute had its instinct (Labor 64). Perhaps the most dominant and glaringly obvious message in Londons work is the conflict of savagery versus civility and the transgressions and progressions between the two. In a letter Jack London wrote to George Brett in 1904, explained the plan behind his book White Fang. He decided to compose a complete antithesis and companion book: Im going to reverse the process. Instead of devolution or decivilization of a dog, Im going to give evolution, the civilization of a dog- development of domesticity, faithfulness, love, morality, and all the amenities and virtues (Labor 78-79). The noble dogs in White Fang and The Call of the Wild revolt against their roots. White Fang shifts from an untamed life in the wild to one of civilization, while Buck eventually turns on his domestic background towards the wilderness (McEwen). The law of club and fang present in many of Londons wilderness novels is approached and embraced by Buck and cast away for a tamer life by White Fang (Ashley). The Call of the Wild is a study of one of the most curious and profound motives that plays hide-and-seek in the human soul. The more civilized we become the deeper is the fear that back in barbarism is something of the beauty and joy of life we have not brought along with us (Sandburg 29). So it is in fact, not all transgression for Buck, he gains something a domestic being could never achieve. On the other hand, White Fang, too, involves contrasting values: life, love, civilization, the Southland; and the protagonist dogs progression towards these (Labor 79). Although the most noticeable transformations in Londons novels are in that of animals, the civil to savage metamorphosis is well-developed in humans too (McEwen). Among [Londons] various studies of the Northnothing will set you thinking about how far the human race has progressed, the gulf between savagery and civilization, than the tale of Nam Bok the Unveracious. (Sandburg 29). In Nam Bok the Unveracious, Nam Bok, after an absence of many years returns to his isolated fishing village on the shores of Alaska. Late into the night they talk, and Nam Bok, who has been to California, tells them he has been upon a boat larger than all the boats of the village in one; he describes the sails of the vessel and the avers it made head against the wind as well as with it; he describes an iron monster that sped upon two streaks of iron faster than the wind, was fed up on black stones, coughed fire, and shrieked louder than thunder. Early the next morning he is informed that his sense of truth is mournfully degenerate. Their message runs this wise: Thou art from the shadow-land, O Nam Bok. With us thou canst stay. Thou must return whence thou camest, to the land of the shadows. So much for Nam Bok. (30) The raging forces of human and natural forces that battle in these works erode the layers of civilization to reveal the glimpse of the most primeval impulses inherent in men and their environments (McEwen). When a being is thrust into an unfamiliar environment, it must learn to adapt to and coexist with everything around it. In The Sea Wolf, Wolf Larsen eventually dies despite his strength and skills; he was an utterly egotistical an immoral character on an isolated island. Londons point was that Wolf could not have survived in a modern society with the traits he possessed. Buck, on the other hand, is returned to the wild from a tamed existence. He eventually joins a pack of wolves, but he is at the head because of the combination of intelligence he gained in the civilized world and the strength he acquired as part of his transgression to primeval instinct and the wild (Ludington). Even when ill treatment has the adverse affect of not taming Buck but sparking his change, he shows what dog (and man) can do to get past its hardships and become a leader (Ashley). His mistreatment was not the only factor in Bucks transformation, the sense of a call back to nature and her primal sanities is felt by even the rankest degenerate, this is the cal of the wild (Sandburg 29). And with a fitting ending, The Call of the Wild closes: When the long winter nights come on and the wolves follow their meat into the lower valleys, he may be seen running at the head of the pack through the pale moonlight or glimmering borealis, leaping gigantic above his fellows, his great throat a-bellow as he sings a song of the younger world, which is the song of the pack. (Ashley) Throughout these novels, there can be seen a pattern of the same prevalent three prevalent themes. Each interrelated with one another, forming the same types of scenarios, and the same consistent fantastic plots that made Londons works famous. The main characters discovery of themselves sets in motion the readers own self-discovery. The fact that this lesson lies in the lives of canines and not other humans is the true test of Londons ability to humanize animals. In the end this combination forms for a more potent emotional attachment to these dogs than to any other type of fictional character. All these attest to Londons novels being viewed as timeless classics. Works Cited Ashley, Leonard R. N. The Call of The Wild: Overview. Reference Guide to American Literature. 3rd ed. Ed Jim Kamp. St. James Press, 1994. [Galenet] Labor, Earle. Jack London. New York: Twayne Publishers, Inc., 1974. Ludington, Townsend. Jack London: Overview. Reference Guide to American Literature. 3rd ed. Ed Jim Kamp. St. James Press, 1994. [Galenet] McEwen, Fred. Jack London: Overview. Twentieth-Century Young Adult Writers. 1st ed. Ed Lauren Sandley Berger. St. James Press, 1994. [Galenet] Sandburg, Charles A. Jack London: A Common Man. Critical Essays on Jack London. By Jacqueline Tavernier-Courbin. Boston: G.K. Hall and Co., 1983.

Wednesday, August 21, 2019

Homosexuality Essay Example for Free

Homosexuality Essay In today’s society homosexuality is frequently discussed and the morality of being gay or not is questioned. Based on what culture, ethics, knowledge a person has acquired in their lifetime and how their parent, teacher, preacher, or other type of mentor views the issue, people will form their own beliefs about homosexuality. Each culture has their own values regarding the appropriateness of certain types f sexuality. In Michael Levin’s â€Å"Why Homosexuality is Abnormal,† he justifies that â€Å"homosexuality is abnormal and hence undesirable- not because it is immoral or sinful, or because it weakens society or hampers evolutionary development, but for a purely mechanical reason† (290). Michael justified that homosexuality is abnormal and then goes to state that the unhappiness of homosexuals is highly due to the misuse of bodily parts; therefore, they are bound to be unhappy. Levin’s thesis claims that the abnormality of the homosexuality does not make them to live a desirable way of life which, I completely disagree with. In disagreement with Levin, the use of bodily parts in a homosexual relationship is not a misuse, but an alteration of functions and the terminology of abnormal does not lead to unhappiness. Levin claims to state that the misuse of bodily parts in a homosexual relationship will lead to an undesirable and unhappy life. I will begin my argument with why the use of bodily parts in homosexual relationship is not misuse, but an altered function, can lead to a desirable and happy life. For instance, if one day LeBron James gets into a serve accident and becomes a paraplegic. His basketball career is terminated because he is paralyzed from the waist down, which means he is not capable of using his legs ever again. His ability to walk, run, jog, jump, swim, and etc. are now vanished; therefore, causing him to never play in the National Basketball Association. As time went by, he realized the inability to use his lower body parts in a common function was not going to stop him from playing basketball. LeBron decided he was going to play wheelchair basketball and continue his drive to play basketball because that is what makes him content. Through his altered body usage, LeBron learned how to maneuver and causing him to win multiple rewards in basketball. After winning multiple rewards, it made LeBron recognize that if one has the desire to be happy and shoot for their goals, than anything is possible. In the end, LeBron was just as successful using his altered body parts and the ability to function just fine like a normal human being. In respect to LeBron’s scenario, a homosexual’s body parts should not be judged just because the bodily parts are altered and used not in the way that Levin expects. Levin argues that the misuse of body parts causes unfullfillment, which than lead to unhappiness. He uses the terminology of â€Å"evolution† as a measurement to justify the idea that heterosexuals are normal human beings and homosexuals as abnormal because they are incapable of reproducing offspring. Levin argues â€Å"human beings have penises and vaginas because our ancestors who put their penises into vaginas (or put their vaginas around penises) tended to reproduce, passing along to have penises and vaginas and to use them in this way† (302). This is what genitalia are for is what Levin said and any other uses such as homosexuals are abnormal. So, basically what Levin is trying to say is that homosexuals can never be happy because they misuse their bodily parts, which causes them to never fulfill their desires and than leads to unhappiness. In a sense, â€Å"we are â€Å"programmed† through evolution to enjoy using our organs in evolutionarily adaptive (i. e. normal) ways† (302). My theory is that homosexuals can be happy. How is Levin to judge and say that it does not fulfill their desires and makes them unhappy? Why would people do things to make themselves emotionally hurt or unhappy? If homosexuals partake in homosexual activities, it is because that is what makes them emotionally happy from the inside, not because to partake in activities just for the hell of it. If that is what fulfills their personal desires than there should be nothing abnormal or wrong about it. Just because Levin does not have those personal desires does not mean he can criticize on others about it. Levin talks a lot about evolution and how our heterosexual ancestors who had penises and vaginas passing it down for the next ancestors; well, if one think’s about it homosexuals have also evolved over time too. Just because back then in society people did not talk about it and in present-day they do, does not mean homosexuals have not been around. The fact is that it has been around just not ever mentioned. For example, talking about sex was never mentioned in the old times, but present-day people talk about it in public. Overtime, society has gained more knowledge, hence making people acknowledge more about homosexuality. Since, homosexuality has been here throughout history and continues to evolve then, Levin’s statement about evolution implies the same for homosexuals making them normal human beings. Levin’s second argument is about using the terminology â€Å"abnormal† when misusing sexual organs. He never gives a clear definition on what is abnormal, but only for the fact what I have mentioned above. For Levin, an activity is abnormal in the relevant sense whenever it involves using an organ for purposes for which it was not intended (302). Implying that being abnormal is when one does not use the penis to penetrate through the vagina to fertilize eggs and reproduce offsprings. If this is how society should be and if is this how these organs should be used, then why is it that heterosexuals partake in activities such as oral sex and anal sex? â€Å"Levin argues that penises are for inserting into vaginas, not for inserting into mouths or other orifices; vaginas are for receiving penises, not for rubbing up against other vaginas† (302). This statement is being hypocritical because these are the same actions heterosexuals partake in also, making them â€Å"abnormal† as well. He misuses the word â€Å"abnormal. † The clear definition of abnormal means is extraordinary, uncommon, rare, or different. If Levin is calling homosexuals uncommon and rare, then what makes philosophy professors common? Being a philosophy professor is uncommon in a sense that only a small minority of people do it, but it is not â€Å"abnormal† in Levin’s sense. And since majority of the heterosexual population do partake in different activities using their genitalia for other purposes, this would make them common versus uncommon. Levin last argument is about the policy issues. He is trying to say society should protect their children because if the legislation provided rights to the homosexuals, then children will have the odds to become a homosexual. In his argument Levin even states, â€Å"If homosexuality is unnatural, legislation which raises the odds that a given child will become homosexual raised the odds that he will be unhappy† (295). Legalizing homosexuality means coming to the conclusion that it is acceptable to get married to the same gender and the government would have no objections against this action. If this occurred many religious practices would raise questions and make comparison to the Bible. If Levin were saying that homosexuals would cause harm to children if allowed by the government, then what would one say when children watch pornography or movies that show kissing the same gender or opposite gender? Present-day children are already watching TV shows that harm their knowledge. What difference would it make if a child found a gay couple holding hands or kissing? Also, how much knowledge can a little child retain, they can only have minimal understanding of what is going on. In society there are other issues such as violence, murders, terrorist attacks that are more harmful to children than homosexuals being together. Levin does not stop to evaluate that continuing to degrade homosexuals and define them as abnormal based on their desires will continue to divide up the society causing tension to build up and unhappiness. After all America gives the freedom to believe in one’s own practices without any judgments. In disagreement to Levin’s argument that the abnormality of homosexuality misusing their bodily parts causing unhappiness should also take into account of policy issues in Levin’s statement. Being unique and different than the majority of the norm does not mean they are harmful to the community. In America people have the right to worship in whatever they believe in; therefore, fulfilling one’s need by misusing bodily parts does not prove they are abnormal or can lead to unhappiness. In conclusion, determining the quality of one’s life is based on the fulfilling individual’s desires and a homosexual is clearly not destined to be unhappy with the abstract use of body parts. He or she can still live a happy life in altering their functions because that is what makes morally content and fulfill their personal desires.

Tuesday, August 20, 2019

Features of Advocacy in Court

Features of Advocacy in Court Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task does become easier. You will find that the more appearances you make at Court, the easier it will become and the more you will improve and become more confident. Your oral communication skills will develop and so will your ability to put forward structured and coherent arguments Advocacy; the Legal Practice Course and Becoming a Trainee The Solicitors Regulation Authority, which regulates solicitors in England and Wales and governs and sets the standard for Legal Practice Course Providers, states that advocacy and litigation is compulsory part of the Legal Practice Course. Advocacy skills are therefore assessed in the context of civil and/or criminal litigation. The Solicitors Regulation Authority lays down the requirements for advocacy in the Legal Practice Course and they expect students to formulate coherent submissions based upon fact, general principles and legal authority in a structured, concise and persuasive manner. Preparation is crucial and the student needs to understand the importance of it. The Solicitors Regulation Authority states that for the purposes of advocacy students need to do the following:- Identify the client’s objectives Bear in mind client care and professional conduct issues in preparing and presenting the case Identify and analyse the factual material Identify the legal context in which the factual issues arise Apply the law to the facts Identify the strengths and weaknesses of the case from each party’s perspective. Present the case effectively. Outline the facts in simply narrative form Prepare the legal framework for the case Prepare the submission as a series of propositions based on the evidence. Identify, analyse and assess the communication skills and techniques used by other advocates. Demonstrate an understanding of the ethics, etiquette and conventions of advocacy. The above 12 points are skills that the student should acquire in order to be a competent and confident advocate. The Legal Practice Course will introduce the student to the general principles of advocacy. Advocacy is taught through role-play and simulation through the subjects of civil litigation and criminal litigation. For example, the student may have to conduct an application for an interim payment or summary judgment in the context of civil litigation and be able to represent either the claimant or defendant. In the context of criminal law, the student may, by way of illustration, have to act for either the defence or prosecution in an application for bail, a sentencing hearing etc. Following the Legal Practice Course and during the training contract the student will attend a Professional Skills Course. On the Professional Skills Course you will further develop your knowledge and skills of advocacy. During your training contract you should gain experience in preparing a case, conducting and presenting a case. Your advocacy skills will undoubtedly improve and develop in time. Solicitors’ Rights of Audience Under section 36 of the Access to Justice Act 2000 solicitors share with barristers a right of audience before every court. However, in relation to solicitors they are not able to appear as an advocate in higher courts unless they have satisfied the requirements of the Law Society’s qualification regime in relation to higher rights of audience. Solicitors can apply for higher courts qualifications and to do this they must pass written and practical examinations. Solicitors have automatic rights of audience in the Magistrates Court and County Court. In other courts such as the Crown Court and The High Court solicitors have limited rights of audience, although their rights of audience can be extended, as indicated above. Effective Advocacy Effective advocacy depends on two things; one is good preparation and the second is having persuasive oral communication skills. 1. Preparation By preparing thoroughly you will gain knowledge of both the facts in the case and also the relevant law. If you have thoroughly prepared then you will have the confidence to make an effective presentation. Be very familiar with the case by reading the file to ensure you are familiar with all of the facts. Ensure you have obtained all the evidence you require and explored all necessary avenues. Research the law to ensure you can back-up what you say and are confident that it is correct. For instance, if you need to make a bail application, you would need to be familiar with the Bail Act 1976 and be able to apply the facts of your case to the law. Preparation is therefore fundamental to successful advocacy. By going through all papers filed in the case and all of the evidence you will need to formulate your argument and decide what evidence to call and what evidence of the other side you need to attack or undermine. Careful planning will also allow you to establish which witnesses you need to call and the order in which they should be called to ensure that the witnesses are presented in an order that presents your theory of the case in the best possible way. Have a Theory You should have a theory of the case which is your version of the disputed facts. This will help you to formulate your argument and will help you decide what evidence you need to call. By having a theory it will help guide you through and will ensure you present your case effectively. Further, it will help you maintain a consistent and logical position throughout the case and will keep you focused. When formulating your theory for the case it is important that you do not do this too early in a case because if you do it too early you may discard alternative and stronger theories and ignore certain leads. Your theory should be close to the client’s account of events. It can also be useful if you consider what your opponent’s theory is likely to be as this will assist you in preparing for cross-examination. 2. What makes an Oral Presentation Persuasive? There are certain qualities a good advocate will possess which will make their oral presentation persuasive. The student will find they will develop these through experience. The student should bear in mind the following factors as they will enhance their oral presentation and ensure it is persuasive:- 1.  Eye contact By maintaining eye contact with your listener it will enhance your oral presentation. It will show you are confident and it will also allow you to assess the reaction your submission is having on your listener. For example, you will be able to see if the listener is becoming bored and, if they are, you will know you have to move on accordingly or change your stance. It will also allow you to see if you are losing their attention. In addition, by maintaining eye contact with the listener it will stop you from getting caught up in your notes and this will avoid your advocacy having a lack of authenticity. 2.  Voice Before talking take a deep breath as this will help you to relax and it will enhance the sound of your voice. Do not talk too loudly or too aggressively, or be too softly spoken. Ensure you talk loud enough to be heard and talk clearly. Your delivery needs to be interesting. It may be useful to record yourself and then replay it in order that you can assess your delivery and this will help you improve. 3.  Pace You will need to pace your submission correctly. It is important that you do not present what you say too slowly or too quickly. Do not read from a prepared script as you are more likely to read too quickly and as a result the listener will not be able to follow your argument. If you present your argument too slowly this can make your listener lose interest in what you are saying. In order to adopt the required pace again it is a useful idea to record yourself and replay it. 4.  Pause This can be a very effective device when you are doing your presentation. You should use it for effect. For instance, if you believe the listener is no longer listening to you, pause and this will regain their attention because they will wonder why you have stopped. In addition, if you have a particularly telling point to advance, make the point and then pause. This will enable the listener to consider the point and will create more of an impact. It will also enhance the impact of your overall presentation. 5.  Posture Stand up straight with your head slightly elevated. Do not slouch. By having the correct posture it will help you look more confident and having a good posture will enhance the quality of your voice and make you appear more relaxed. 6.  Distracting mannerisms You may have distracting mannerisms but be unaware of what they are. It is worth recording yourself making an oral submission in order that you can consider whether your body language detracts from the message you are putting across. Distracting mannerisms could be, for example, fiddling with something in your pocket, clicking your pen, touching your face or hair. You may be doing these things subconsciously. When playing the recording consider whether you do any of these when making a submission and consider do you look relaxed and confident. You need to ensure that you do not have any mannerisms which distract from the message you are trying to put across. 7.  Structure Ensure your presentation is structured and this will make it persuasive. When planning your presentation devise a structure. This will ensure you do not repeat anything. When preparing your submission ensure it has a beginning, middle and end. Keep your submission concise. Avoid reading out sections from statutes and case law. Instead, highlight the relevant part of the statute/case and hand them to the judge/bench to read and simply refer to them and summarise the key points of the case/statute. 8.  Brevity Always try to keep your submission to the point. The court’s time is very precious. Through careful preparation and by having a logical structure in place will assist you in keeping your submission concise. 9.  Persona As mentioned above, it is important that when you are appearing as an advocate that you look confident. Even though you will probably be very nervous, anxious and not very confident when first attending court, you must try to look confident. By dressing appropriately, in a smart suit, you will look the part and this will help with your confidence. Further, by looking the part the client will have confidence with you and you will convey the correct impression to the court. Remember that first impressions count. Be organised and this will help ensure your composure and professionalism come across. 10.  Language Bear in mind that words can be a very powerful tool with which to covey a message. Carefully choose your words and consider whether there is a more powerful adjective which will advance the point you are trying to make. When making your submission try to use language which involves the listener. For example: ‘Sir, if I could refer you to the prepared map of the road. This identifies where the collision occurred’. Professional Ethics Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court. For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty. If the client admits his guilt to you, you cannot continue to act on the clients behalf because you would be deceiving/misleading the court. Etiquette You need to be familiar with the etiquette of the court you are appearing before, such as the correct way to address the court, your opponent and witnesses. The following details the ways you should address the bench, the other side and witnesses:- Addressing the Bench You should address members of the bench in the following ways: A Bench of lay magistrates should be addressed as Your worships’ or ’Sir/Madam and your colleagues. A circuit judge/recorder should be referred to as Your Honour A district judge of the High Court and County Court should be addressed as Sir or Madam A master of the Supreme Court or a taxing master should be addressed as Master Addressing the other side If the person representing the other party is a Barrister you should refer to them as my learned friend. If the other party is represented by a solicitor you should refer to them as My friend. If the other party is acting as a litigant in person you should refer to them as the claimant/defendant or Mr/Mrs/Miss .. Addressing witnesses You should address witnesses directly as Mr/Mrs/Miss .. etc. If the witness is a child they should be addressed by their forename. Presenting the Evidence To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined. When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions. Examining Witnesses Examination-in-chief This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you. This will enhance the quality of their evidence. When asking your witnesses questions, you need to try to elicit from them only the evidence that is relevant. Always therefore bear in mind why you are asking your witness a particular question and what is you want to hear from them. Leading Questions During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. A leading question is one which requires a ‘yes’ or ‘no’ response. In its phrasing it suggests its own answer. By way of an example, was the man wearing a red and white jumper? By suggesting the answer to the witness you reduce the witness’ impact. Leading questions are forbidden in examination-in-chief because the solicitor is not allowed to lead their witness and in effect put words into their mouth. When you call your own witness you hope and expect that they will provide evidence that is favourable to your case and will ‘come up to proof’. As a general rule when you ask your witness questions you should phrase your questions using simple words and phrases to ensure the witness fully understands what you are asking them. When questioning your witnesses consider using points of reference to add variety to your questioning and to move the witness along from one episode to the next. For example, ‘can you tell us what happened after you saw the car swerve?’ Unfavourable and Hostile Witnesses You will, at any early stage in the proceedings, take statements from each of your witnesses. When a witness is giving their evidence through examination-in-chief you would expect them to give answers consistent with their previous statement. However, in some situations a witness does not give the answers expected of them. The witness can then be declared either unfavourable or hostile. Unfavourable Witnesses An unfavourable witness is one whose testimony does not advance the case of the party who called him, despite the witnesss best intentions. A witness will be unfavourable if they cannot recall some of the facts about their testimony. If you come across an unfavourable witness you can ask the court for leave for the witness to refresh his memory by reading his previous statement. It is very often the case that cases come to trial many months after the witness has provided a statement. Therefore, it is important that before your witness gives their evidence that they have the opportunity to read their previous statements to refresh their memory so that when they are being asked questions they are familiar with what they said in their original statement. They are then less likely to become an unfavourable witness and will hopefully enhance the strength of your case. If after reading their previous statement the witness still cannot recall the facts then you canno t assist your witness by putting leading questions or prompting them. You should instead try to get the witness out of the witness box as soon as possible. Hostile Witnesses A hostile witness is different from an unfavourable one. Whilst an unfavourable witness can be potentially damaging to your case, a more serious situation is having a hostile witness. A witness will be ‘hostile’ if the evidence they give is harmful to the side calling them and it conflicts with the expectations of that side. A hostile witness will have no desire to tell the truth and support the case of the party calling him. An example of a witness being hostile is a witness who has deliberately changed their evidence since they made their original statement. The party calling this witness can ask the Judge to grant leave to treat them as a hostile witness. Open and Closed Questions You can ask your witnesses a variety of open and closed questions. To obtain the information you require from a witness it will be necessary to use for example closed questions to establish the background and set the scene and to bring out details or emphasise a particular part of the story. Open questions will be necessary to allow the witness to freely tell their part of the story or to turn their attention to a subject and then ask the witness to talk about that subject. If you ask more closed questions, you will have greater control. However, what type of questions you ask will depend on the witness. Cross-Examination This is the process of questioning your opponent’s witnesses. The purpose of cross-examination is firstly to establish and advance you own and case and secondly to attack the other side’s case. Before you cross-examine a witness you need to consider whether the evidence they have provided in chief is harmful to your case. If you establish that their testimony has not been harmful then you need to conduct a constructive cross-examination showing that he/she is to be trusted. There is little point in trying to undermine a witness who has provided favourable testimony. On the other hand, if a witness’ testimony has been harmful to your case then in cross-examining them you will seek to either challenge their evidence as inconsistent, improbable or unrealistic, or you will challenge the witness as mistaken or untruthful. If you decide to undermine a witness you need to elicit from them the favourable evidence they provided first and then continue to discredit them. I t is important that when cross-examining witnesses that the questioning is constructive to obtain support for your story and destructive questioning to challenge a version of the story which is not accepted by you. The cross-examination of witnesses needs to be structured and this can be achieved through appropriate planning. Your cross-examination will be structured if you follow the following steps:- (i) Keep your cross-examination to four points which support your theory of the case. This will strengthen your argument (ii) Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener (iii) Anticipate what the answer will be before you ask the question. The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. (iv) Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. (v) If the witness says something you do not agree with do not argue with them as this undermines your own credibility and will ultimately impact upon your case. If you are pleasant and courteous to the witness, the witness should relax and cooperate with you. (vi) Do not ask the witness open questions as this gives them the opportunity to say what they like. You need to ensure that you ask closed questions or leading questions as this can help you keep control of the witness. (vii) If the witness during the examination-in-chief has said something which favours your case, then during the cross-examination you should make the witness repeat it for emphasis. (viii) You should put your version of the case to the witness and give them the chance to accept or deny it. As indicated above, one part of cross-examination is challenging the opponent’s case. This involves either discrediting the evidence or discrediting the witness. When cross-examining a witness you need to bear in mind that most of them are not lying. They are often trying to provide an account of the events as they saw them. You should therefore be careful if you decide to attack them as untruthful. It is best to focus upon the manner in which they saw the event. For example, from a distance, poor weather conditions, only got a quick glimpse of the event etc. You should then ask leading questions which suggest to them that they may have mistaken what they saw. In addition, you should look for any inconsistencies with what a witness has said during the trial and what they have said in a prior statement. If you notice any differences, you should ask the witness to repeat the fact which they gave in evidence-in-chief and the read out the part of the previous statement which is in consistent and ask the witness if they made that statement. This will show that what the witness has said is inconsistent and it is will assist you in challenging the opponent’s case. Differences between examination-in-chief and cross-examination With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. Examination of Experts One of the first questions to be asked to an expert witness in examination-in-chief will be to establish their credentials as an expert in the particular field. You need to consider what the expert says in his report and put questions to him. An expert’s testimony can sometimes be difficult to attack because an expert’s testimony primarily consists of opinions and conclusions. It does not consist of fact. If you do not agree with the testimony of the expert you will need to challenge it by asking the expert appropriate questions. If the export supports your case, you will need the expert, in his oral testimony, to answer questions which show how the experts support your case to enhance your overall argument. Re-examination Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided. An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement. You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case. Opening and Closing a Case If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs.†¦Ã¢â‚¬ ¦ appears for the Defendant. Civil Matter In a civil trial the claimants solicitor will make the opening speech. The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendants solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to y our client by his or her name in order to personalise them, and refer to the other side, for example as the respondent/defendant etc. Following the opening speech the claimant will give their evidence. This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimants side (to include witnesses), cross-examination by the defendants side, re-examination. The defendant will then give their evidence and can make an opening speech. The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendants evidence (to include witnesses) is examination-in-chief by the defendants side, cross-examination by the claimants side and re-examination. The defendant may make a closing speech and the claimant will then make a closing speech. In a civil matter the claimants solicitor will always have the final word. The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies. If in your opening speech you raised questions, then in your final speech you must answer them based upon the evidence that has been heard. The closing speech should be well structured, be easy to follow and sum up the major points. Criminal Matter In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence. If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.

Othello :: essays research papers

After reading Shakespeare’s play OTHELLO you have to ask yourself is Othello as much a victim as he is a murderer? An assumption may be that because Othello kills his wife after the devious behavior of Iago, then maybe Othello is a victim of Iago’s evil. Some may argue that the sin of Iago to plot the down fall of the moor, is worse because it becomes a calculating mind compared to Othello’s sin because he has become a pawn in Iago’s hands. However, it is noticed that Othello allows himself to be manipulated. Iago’s suggestion of the infidelity of Desdemona, Othello’s wife, provides just the excuse Othello needs to justify the destruction of the wife he believes can not truly love him. Desdemona’s murder is a result of Othello’s pride and quick judgment, as a result, he must be held accountable.   Ã‚  Ã‚  Ã‚  Ã‚  Othello, unlike Iago, is capable of forming strong, loving relationships. His genuine friendship with Iago confirms this fact. Othello allows himself to be influenced by Iago, and allows Iago to bring out his most evil characteristics. Although Iago may be the more evil of the two, Othello does little to prevent his instincts from becoming dominant. To see why Othello commits his crime and why he has to be held accountable for it, we must examine his motive. It can be claimed that what actually causes Othello to commit murder is not his being mentally weakened and manipulated by Iago, but rather his own pride and lack of confidence which he allows to gain control. Othello is a strong leader, but he is insecure with his personal qualities. He is in a new city with different customs. He has a new bride, a young and beautiful girl, who he loves but does not know well. The Moor surely is aware of the widespread prejudice in Venice and certainly has to question why Des demona would go against her culture by marrying a black man. Othello has his doubts about Desdemona before Iago begins his scheming. Even though his wife shows nothing but love for him, Othello cannot believe in her love wholeheartedly. â€Å"Tis not to make me jealous to say my wife is fair, feeds well, loves company†¦Nor from mine own weak merits will I draw the smallest fear or doubt of her revolt, for she had eyes and chose me† (Act III, Scene III, 198) Othello is going to conclude that Desdemona's compassion and virtue alone enable her to love him.