The Struggles of Change Essay - 875 Words

Throughout the countless pages of history, there exists many occurrences of change. Some of these changes are positive while others are negative. Nevertheless, as each change occurs, it must undergo struggles to become accepted. One example of the struggles of change that is seen in today’s society is the ongoing fight for religious freedom. Another change that is currently facing obstacles is the fight to change policies that raise the question of equality. Lastly, another struggle for change is the conflict that is occurring in order to make same-sex marriage legal. Through the examples of all these changes, there exists the common factor of changing values. As values change, new changes are undertaken. Therefore, changing values entail†¦show more content†¦This struggle for change displays the countless changes in values that surround this topic. Before, the religious groups fought to have their religious freedom. Now, with the changing values and views of another group, this stability is being threatened. As such, the struggles of change is brought forth. (Perreaux, 2013). When law, a means that is there to protect everyone is brought into questioning, yet another conflict as a result of a change in progress is brought forth. It is the role of law and those who practice it to protect the equality of everyone. However, when a change is proposed concerning it, challenges also accompany it. One such event that is occurring in today’s society is the controversy of establishing a law school under a faith-based school’s regulation. Trinity Western University won approvals in December to open a law school over objections from lawyers, students and LGBT groups who are in opposition as TWU is known to discriminate against homosexuals. TWU is a faith-based school that forbids same-sex intimacy. Many concerned law professors are therefore pressing their provincial societies to rethink recognizing graduates from TWU. There is also clashes occurring between the choice of religious freedom and equality rights as lawyers are faced with the problem of ch oosing between the two freedoms under their duty to not discriminate. As this very controversial topic thatShow MoreRelatedThe Struggle Between Change And Tradition1095 Words   |  5 Pages The Struggle between Change and Tradition Since the beginning of time people have struggled to accept the concept of change. As humans, we tend to prefer comfort and security which is what we consider our traditional way of living and existing. Once we start changing, we begin to enter into uncharted territory. Change is always accompanied with doubt, fear, and difficulty. Society doesn t want to change the status quo so when something alters the order of things, you will encounter obstaclesRead MoreThe Struggle Between Tradition and Change1056 Words   |  5 Pageson a literary journey to a Nigerian tribe, the Umuofia, to experience first-hand the struggles of a warrior named Okonkwo. At first glance, the novel appears to be written for a very specific audience: scholars familiar with Nigerian history, traditions, and culture. However, upon further examination the novel reveals itself to be a striking chronicle of human experiences, universal themes, and timeless struggles that appeal to every human, regardless of familiar ity with Nigerian culture. Taken asRead MoreLevis Strauss Struggles with Creating Organisational Change4836 Words   |  20 PagesTABLE OF CONTENTS DECLARATION 0 TABLE OF CONTENTS 1 1. EXECUTIVE SUMMARY: 3 2. FINDINGS 4 2.1 SWOT Analysis 4 3. DISCUSSION 7 3.1 Problem Summary: 7 4. RECOMMENDATIONS 7 5. 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A Decade of Change for Women - 576 Words

Intricate female heroines set in a futuristic dystopia, battling for their lives and struggling to build a better world are components of the Hunger Games by Suzanne Collins and the Divergent series by Veronica Roth. Beatrice Prior is a strong-willed, daring protagonist of the Divergent Series. Her life changes when she discovers that she is Divergent. Meaning that she has an unusual mindset that cannot be constricted to one way of reasoning. The government leaders view Beatrice, or Tris as a threat to society because of this. Comparable to Tris, Katniss Everdeen is the leading character of the Hunger Games. She proved to be bold and selfless when she put her life at risk for her younger sister Primrose. In both the Hunger Games and Divergent, the mighty female heroines are giving way to a new role for young women rather than the traditional damsel in distress. These two novels give women a voice, and express the importance of thinking for one’s self. Katniss from the Hunger G ames rejects the gender roles of her society. She is not a healer or a seamstress. She is a hunter, a role usually reserved for men. Katniss started providing for her family at the early age of twelve, after her father passed away. She declares that she doesn’t want to get married or have children. According to Linda Lowen, â€Å"If even the smallest fraction of readers get the female empowerment message that intelligence, resilience and loyalty trump beauty, popularity and wealth, we have Katniss EverdeenShow MoreRelatedRoaring 20 s Vs. Swinging1072 Words   |  5 Pagesthe 1920’s and 1960’s. The 1920’s and 1960’s are two decades that have really defined the United States’ culture. From flappers to hippies, jazz music to rock, and Civil Rights movements, these two decades have helped shape the beliefs and rights we have today. The 1920s were an age of social and political change that would change the face of history in the United States. 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Gwen Harwood Essay free essay sample

Opportunities for an individual to develop understanding of themselves stem from the experiences attained on their journey through life. The elements which contribute to life are explored throughout Gwen Harwood’s poems, At Mornington and Mother Who Gave Me Life, where the recollection of various events are presented as influences on the individual’s perception of the continuity of life. Both poems examine the connections between people and death in relation to personal connections with the persona’s father or mother. By encompassing aspects of human nature and life’s journey, Harwood addresses memories and relationships which contribute to one’s awareness of life. Memories and meandering thoughts, related to personal experiences, are explored throughout At Mornington where the persona shifts between the past and present and dreams and reality. This is similar to Father and Child where Barn Owl is set in past test and Nightfall is set in the present, symbolic of appreciation and understanding of the complexities of life which the child learns. The post coital moment and ensuing spiritual freedom, metaphoric for artistic freedom, is equated with the resurrection; the sacrifice of the spirit by artists for earthly, and in Harwood’s case domestic considerations; reminiscent of Christ’s sacrifice for humanity. Irrespective of the author’s gender, equating lovemaking to religion would have compounded controversy; however I believe is a mechanism Harwood uses to emphasize the enormity of the sacrifice expected of women (QUESTION). Harwood continues imagery of entrapment; and through personification juxtaposes heart and spirit â€Å"As the heart from its prison cries to the spirit walking above†; this analogy of the irreconcilable human desires of creativity and domesticity reflective of her personal context. Harwood’s attempt to derive meaning from her experience is concluded by acceptance of the conflicting roles of women; alliteration, enjambment and the resigned tone â€Å"falls from its dream to the deep to harrow heart’s prison so the heart may waken† providing the necessary insight into the human experience. (QUESTION) Whilst â€Å"Triste Triste†, seeks to reconcile the dichotomy within oneself, â€Å"Father and Child† looks outward in Harwood’s examination of her dynamic patriarchal relationship. Father and Child† is a diptych, two thematically linked poems, which similar to â€Å"Triste Triste† captures a concrete moment in time and then discusses the abstract to demonstrate the (QUESTION continuity of human experiance) The meditative voice characteristic of â€Å"Triste Triste† is adopted; â€Å"Barn Owl† a retrospective recount of a seminal childhood experience involving the unwitting destruction of innocence, whilst â€Å"Nightfall† concludes with the poets acceptance of temporal boundaries. Harwood’s Romantic influences are exhibited through examination of childhood innocence and incorporation of the owl, simultaneously symbolizing death and wisdom. Biblical imagery and binary opposition of morning and evil, â€Å"I rose blessed by the sun a horny fiend† is unconventional, however I feel is feminist choice not to sentimentalize the cruelty of a young female child. My view is evidenced by the reference â€Å"my father’s gun†; the gun, a phallic symbol of power. The formulistic construction and simplistic language echo a child’s understanding of the world, enhanced by the synecdoche â€Å"beak and claw†. Harwood’s repeated references to literal and figurative blindness; â€Å"daylight riddled eyes†, â€Å"owl-blind† echo Shakespeare’s King Lear, and are metaphoric of the child’s ignorance. The child believing â€Å"death clean and final not this obscene† is left reeling, highlighted through alliteration and (QUESTION)grotesque imagery â€Å"stuff that dropped and dribbled through loose straw tangling in bowels†. Harwood’s use of imperative voice, father commanding â€Å"End what you have begun† is indicative of the child’s forced transition from innocence to experience. â€Å"Nightfall† effectively conveys the (QUESTION continuity of human experience) by elucidating the stages of life and evolving father-daughter dynamic. Alongside the father’s paradoxical state of innocence, denoted through irony â€Å"passionate face grown to ancient innocence†, the tone becomes increasingly subdued. Harwood’s adherence to conventional rhyme, metre and syntax are undoubted Romantic conventions, but I believe are connected with her musical background, music a catalyst to establish the (QUESTION continuity of human experience). This is furthered by the simile â€Å"as a string near breaking point†, highlighting the tension between capturing a moment and recognition of life’s transience. The juxtaposition of nature flourishing whilst the father withers, â€Å"Birds crowd in flowering trees†, illustrates human mortality, reinforced by the King Lear allusion â€Å"Be your tears wet.

Organisational Theories and Related Management Practices

Question:. What Is The Organisational Theories And Related Management Practices? Answer: Introduction: Organisational behaviour has become extremely complex which has led to formation of diverse organisational theories and management practices. The organisation theories today recognise the various aspects of organisations like bureaucracy and division of labour. Today organisations have evolved as members having a rich history and dynamic psychology. The assignment introduces the competing organisation theories of Weber, Taylor and Smith in the first section. The next section studies the complexities and the evolution organisations into social members having a definite thought process. The final section studies the complexities in the human behaviour in the organisations today. The paper critically analyses these theories and issues like financial crisis and conflict taking Maybank of Malaysia as the company for the study. Organisational theories and related management practices: Webers theory of bureaucracy: Weber proposed the theory of bureaucracy and pointed out that organisations should follow bureaucracy to create a smooth flow of decision making process. He proposed that there should be official jurisdiction to ensure adherence to laws. His theory laid emphasis on superior and subordinate relationships which are based on written documents stating the ambit the power of each position. The theory of bureaucracy states that the management of the organisations should be run be experienced personnel who are accountable and responsible to the stakeholders (Wickert, Scherer and Spence 2016). Advantages of Webers theory: The management of the organisations are the highest decision making authorities who create the organisational culture and structure. The business strategies are made according to the organisational structures and culture. Bureaucracy marks areas of control of each executive and his responsibilities. It leads to systematic decision making and accountability The powers and responsibilities are based on written documents, so prevents overlapping of power between executives. The theory stresses on strong management which leads to stability of the operations. Disadvantages of Webers theory: The theory stresses on positions with varying decision making powers. However, complex bureaucracy hampers quick decision making process. It leads to companies failing to take advantage of the dynamic market opportunities (Alexander, Walker and Naim 2014). The superior subordinate relationship makes the organisational structure and culture complex which often neglects the requirements of the subordinates. The complex structure often leads to lack of communication and creates conflict. Management practice in companies: The bureaucratic framework of Weber is present in all the companies where the management consists of directors and CEOs who have years of experience. These directors and CEOs by the virtue of the competencies make strategies to capitalise of market opportunities. The able leadership of the CEOs lead the companies to gain strong market position and deal with market challenges like financial crises (Lean and Teng 2013). The economies of East Asia like Malaysia are undergoing financial crises due to several problems like weak risk management of the banks. The macroeconomic factors pertaining to legal and economical areas are responsible for the crises (Kawai and Schmiegelow 2014). The management of Maybank, Malaysia in order to counteract the economic crises and diversify its risks, spread its operations into markets like Phillipines and Kuala Lampur. The multinational bank has its branches in countries like China, Hong Kong and Laos (maybank.com, 2017). It can be pointed out the leadership of such a vast structure requires a strong bureaucratic control. Hence, the theory of Weber is applied in multinational companies to deal with the critical issue of financial crises. Carpenter and Krause (2015) in their work point that bureaucracy aims at creating levels of decision making process based on transactional authority. However, these levels of authority create conflict in case of subjective matters. Rational system perspective theory: A rational perspective theory is based on Taylor scientific management theory which determines two areas of concern, the organisational goal and formalisation. The organisational theory requires organisations to determine their long and short term goals in the first stage. This is followed by making strategies and setting of standard modes of operations to attain those goals. The organisations then allocate their resources according to the modes of operations (Witzel and Warner 2015). Advantages: The organisational theory stands of the following pillars which are also the advantages of it: Division of work between managers and subordinates Incentive to motivate the workers to achieve higher targets based on the goals. Scientific management of workers based on Taylorism which streamlines the actions sequentially to ensure smooth and timely fulfilling of targets (Dodge et al. 2016). Disadvantages of rational system perspective: The division of work requires of intervention by management which affect its dynamism. The system requires coordination of complex activities and job processes which often causes conflict. Management practices in companies: The banks in Malaysia like Maybank use rational system perspective to allocate their resources to ensure customer satisfaction. They are allocating a huge of money towards maintenance of specialised teams of officers who are capable of handling complaints. This step of the banks aims to reduce customer complaint and increase customer satisfaction. Thus rational system theory of organisational behaviour can be used to manage customer issues in the organisations like Maybank (Thestar.com.my 2017). Division of labour theory of organisational behaviour: The organisational theory of division of labour by Adam Smith deals with dividing the job among individual labour to increase efficiency and output. This system requires strong management to distribute the work among the available labour force. Advantages: As pointed out by Adam Smith the advantages of division of labour has three advantages: Workers doing specific tasks gain specialisation in the tasks which increases their efficiency. This helps in streamlining of the works which encourages high performance of the organisations as whole. This type of organisational theory is helpful where the tasks are complex and involve machinery. The workers working on machines know the best ways of operating them, thus increasing productivity. Disadvantages: This theory is applicable in organisations which have strong and capable management. The management allocate the tasks appropriately which results in high productivity. Inappropriate allocation or division of labour creates conflict and hampers productivity. The organisations with lack of participation from employees can not benefit from this behaviour. Management practices: The multinational banks like Maybank serve huge customer base with diverse needs. This requires the people serving the customers to be specialised in their areas. The bank divides the job responsibilities among its staffs depending on their experience and expertise. This division of labour results in timely achievement of targets and high performance. It is this division of labour which has allowed the bank to spread into markets like the United Kingdom, Bahrain and Myanmar. Thus, division of labour and strong bureaucratic control encourage global expansion and high market position. Azmeh and Nadvi (2014) in their state that division of labour is catalysing transformation of Asian companies to world class ones. This proves that division of labour is required to gain expertise and global position in the market. Complexity of organisational life: Complexity theory and organisations or complexity strategy deals in complexity of organisational life. The complexity of organisations encompasses strategic management and organisational behaviour theories. The complexity is a theory that encompasses several disciplines and has its roots in the system theory in 1960s. The organisational theory studies how organisations adapt to the macro environmental market situations and deal with threats and challenges. The theory views that organisations are complex bodies consisting of several system and departments which deal with specific areas. The departments form dynamic networks of departments which interact with each other. The departments adapt with the micro economic situations and develop collective organisational behaviours. Organisations as socially constructed: The organisations have become very complex and adaptive to cater to the needs of the society which given birth to the concept of socially constructed organisations. The advancements in science and technology has affected the modes of operations of the organisations. They today operate in manner to create value for their consumers, stakeholders and the society at large. This has urged evolution of new organisation theories which embrace the environment, people and technology. The traditional organisations were limited to the products, their consumers and the shareholders. The society today is more educated about the corporate sector and has the power to decide their products, modes of operations and so on. This has changed the entire landscape the organisations work. The theory requires organisations to work as members of society and create value for it(Camargo-Borges and Rasera 2013). Organisations as historically constructed: The field of organisational theory is an ever evolving theory which studies the complexities in the organisational structures and their survival. The theory studies organisations and their changing landscape delving into areas like changing role of society, global expansions, economic factors and so on. The theory studies the changing history of society and its impact on the organisational needs. Earlier theories viewed organisations as static product dispensing structures. The modern organisational theories view organisations as members of the society which have evolved historically and reached the stage of value creation for the society rather than only making products. The theory studies organisations as evolving and transforming social creations interacting the whole society to cater to their needs (Bushe and Storch 2015). Organisational theory as psychologically constructed: The increasing complexity of the organisational structures has resulted in mounting pressure on them and led to new theory-organisational psychology. The organisations today have changed their psychology to operate in a more interrelated society. The psychologists have described this psychology as a part of organisational theory. They recognise the areas of their activities that have humanitarian approach towards the society. The psychology has its roots in the philosophy which points out that the world has smaller components which interact and come together to the whole. Similarly, the theory points out the organisations do not exist alone in the society and are interdependent on the society. This theory makes the organisations act responsibly towards development of the society and connect to the society psychologically (Reichman 2014). Examination of critical organisational theories and alternative frameworks: Critical examination: The organisational theories proposed by Weber, Adam Smith and Taylor have characteristics which make them interlinked. Weber emphasised on the importance of bureaucracy while Taylors rational system stresses on identification of organisational goal and adopting of strategies to achieve them. The division of labour theory by Adam Smith lays emphasis on division of labour based on expertise. According to Frank Gobbin modern institutions work should work in transparent manner to increase their efficiency. The modern theory of organisational behaviour requires a strong bureaucratic management capable of deciding the goals and strategies and finally dividing tasks based on expertise. Thus, this theory proposed by Frank Dobbin embraces all the previous theories (Zorn et al. 2014). Alternative framework: Alternative framework approaches to management as a science which was developed by Seweryn Chatjman. The study evolved in order to create a transparent framework organisations should follow to abide by laws and regularity. The theory views organisations as identities created by man to produce things to cater to his needs. The machinery transforms the raw materials into desired output. The alternative theory views production as sequences driven by scientific processes which also involved human intervention(Dunning 2015). Complex nature of behaviour of people in work organisations: The nature of behaviour of people working in an organisation has changed along with the organisational landscape. The intense international competition, increased knowledge, advancement of science, emergence of stakeholders and society as a part of corporate strategies and so on have made the human behaviour extremely complex. Today companies, especially the multinational companies view their human resources as a part of strategic management. The organisations have much smaller hierarchy and leaner organisational structures. The organisations today have made their structure leaner to enable faster decision making process. This helps the companies to take advantage of market opportunities and generate profit from them. The companies like Maybank have branches in the several countries catering to customers having varied needs. Today, the human resources need to interact with consumers from varying cultures and backgrounds. This leads them to behave in diverse ways to adapt to the diver se markets. This has resulted in complex human behaviour and organisational behaviours (Fitzsimmons and Stamper 2014). The human resources of Maybank and other multinational companies are trained so that they gain specialisation. They gain and use knowledge to cater to and retain the customers, thus accounting for the competitive advantages companies enjoy. This has led to employees gaining more decision making power and they collaborate with their superiors to achieve goals (Ramanathan, Bentley and Pang 2014). The multinational companies are present in several countries through subsidiaries which work under the framework of the mother company. The intense competition has led the parent companies putting huge performance pressure on their subsidiaries. This creates a complex relationship between the employees of various locations regarding targets and achievements (Hoenen and Kostova 2015). Conclusion: Organisations have evolved into social members and interact with the society like never before. The organisation theories show that today the corporate bodies like Maybank combines the various theories like bureaucracy and division of labour to deal with the market situations. The intense competition and ever changing economic scenario have deep impact on the organisations and their employees. These have made the behaviour of the employees and their relationship with the organisation extremely complex. References: Alexander, A., Walker, H. and Naim, M., 2014. Decision theory in sustainable supply chain management: a literature review.Supply Chain Management: An International Journal,19(5/6), pp.504-522. Azmeh, S. and Nadvi, K., 2014. Asian firms and the restructuring of global value chains.International Business Review,23(4), pp.708-717. Bushe, G.R. and Storch, J., 2015. Generative Image.Dialogic Organization Development: The Theory and Practice of Transformational Change, p.101. Camargo-Borges, C. and Rasera, E.F., 2013. Social constructionism in the context of organization development: Dialogue, imagination, and co-creation as resources of change.Sage Open,3(2), p.2158244013487540. Carpenter, D. and Krause, G.A., 2015. Transactional authority and bureaucratic politics.Journal of Public Administration Research and Theory,25(1), pp.5-25. Dodge, S., De Smet, T., Meldrim, J., Lennon, N., Perrin, D., Ferriera, S., Leber, Z., Friedrich, D., Gabriel, S., Lander, E.S. and Kieffer, D., 2016. USING DYNA?IC WORk DESIGN ?O HELP CURE CANCER? AND OER DISEASES?. Dunning, J.H., 2015. Reappraising the eclectic paradigm in an age of alliance capitalism. InThe Eclectic Paradigm(pp. 111-142). Palgrave Macmillan UK. Fitzsimmons, S.R. and Stamper, C.L., 2014. How societal culture influences friction in the employeeorganization relationship.Human Resource Management Review,24(1), pp.80-94. Hoenen, A.K. and Kostova, T., 2015. Utilizing the broader agency perspective for studying headquarterssubsidiary relations in multinational companies.Journal of International Business Studies,46(1), pp.104-113. Kawai, M. and Schmiegelow, H., 2014. Financial crisis as a catalyst of legal reforms: the case of Asia. InInstitutional Competition between Common Law and Civil Law(pp. 381-420). Springer Berlin Heidelberg. Lean, H.H. and Teng, K.T., 2013. Integration of world leaders and emerging powers into the Malaysian stock market: A DCC-MGARCH approach.Economic Modelling,32, pp.333-342. Malaysia, A. 2017. All Countries | Maybank. [online] Maybank Malaysia. Available at: https://www.maybank.com/en/worldwide/all-countries.page? [Accessed 1 May 2017]. Ramanathan, U., Bentley, Y. and Pang, G., 2014. The role of collaboration in the UK green supply chains: an exploratory study of the perspectives of suppliers, logistics and retailers.Journal of Cleaner Production,70, pp.231-241. Reichman, W. ed., 2014.Industrial and organizational psychology help the vulnerable: Serving the underserved. Springer. Thestar.com.my. 2017. Malaysian banks take heed of complaints, making huge investments to improve services - Business News | The Star Online. [online] Available at: https://www.thestar.com.my/business/business-news/2013/03/25/malaysian-banks-take-heed-of-complaints-making-huge-investments-to-improve-services/ [Accessed 1 May 2017]. Wickert, C., Scherer, A.G. and Spence, L.J., 2016. Walking and talking corporate social responsibility: Implications of firm size and organizational cost.Journal of Management Studies,53(7), pp.1169-1196. Witzel, M. and Warner, M., 2015. Taylorism revisited: Culture, management theory and paradigm-shift.Journal of General Management,40(3), pp.55-69. Zorn, D., Dobbin, F., Dierkes, J. and Kwok, M.S., 2014. Managing investors: How financial markets reshaped the Americ

Of Mice and Men Persuasive Essay free essay sample

There is a significant disparity of treatment in the way the criminal justice system handles things. Unfortunately, theres a double standard because there is a double standard in society. † David Raybin. In the novel, Of Mice and Men, by John Steinbeck; Steinbeck introduces two men, George and Lennie, who live in Salinas, California. The novel occurs in the 1930s, during the great depression; in the novel, both men go from one job to another as they try to purchase their own ‘American Dream’. The dream to build a shack with an acre of land, but as they struggle with life, their shot at achieving their dream disappears. Towards the end, George murders Lennie in order to solve problems that Lennie caused throughout the plot. Lennie’s murder is categorized as mercy killing; mercy killing is known as killing a person for the benefit of their own good. This novel makes it clear that mercy is the best way to kill people with disabilities, it takes the cruelty out of killing by making it more kind. We will write a custom essay sample on Of Mice and Men Persuasive Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page George committed mercy killing by shooting Lennie. Even though George did not feel right in killing his only best friend, he realized that his actions were justified because Lennie was going to die regardless. In the novel, Lennie is known for killing little creatures on accident, the fact that he kills them by showing love and care towards the animal foreshadows the murder of Curley’s wife. Lennie accidently killed Curley’s wife by petting her hair, when George realizes what Lennie has done he realizes that he has to kill Lennie before Curley or the police. It is because of Lennie’s incapacities that allow mercy killing to be better then capital punishment, since Lennie does not understand the difference from right and wrong. It is for the best to kill someone out of mercy, and put them out of their misery, than to do capital punishment which beats and tortures them to death. Mercy killing may sound like a dreadful thing to do, but would you rather see a loved one suffering, and in misery, or would you rather see them finally resting and happily at peace? For example, compare Candy’s dog and Lennie. Candy’s dog was already dying slowly; the dog was old, blind and miserable. â€Å"I’ll put the old devil out of his misery right now and get it over with. Ain’t nothing left for him. Can’t eat, can’t see, can’t even walk without hurtin’,† says Carlson, a character from the novel that realizes that the dog would be better off by dying then living another painful day. Lennie like the dog would have been tortured or beaten to death once Curley discovered who killed his wife. Capital punishment is necessary depending on the situation, but mercy killing is the best when it came to people or animals with incapacities. Mercy killing is killing out of love; it takes love and courage to know that an animal or a friend like Lennie is better off dead. George killed his best friend out of love; he loved Lennie so much that he rather kill Lennie himself then to have Curley kill Lennie out of spite.

Martin Luther King and Malcolm X essays

Martin Luther King and Malcolm X essays Martin Luther King and Malcolm X - Two Views, One Cause Many black authors and leaders of the sixties shared similar feelings towards the white run American society in which they lived. Malcolm X, James Baldwin, Martin Luther King, and Stokely Carmichael all blamed the whites for the racism which existed. However, they agreed that it was up to the black society to end this problem. Using the black society, each of the authors had their own idea of how racism could be stopped. Unfortunately, for some, such as Malcolm X, this involved the use of violence, while others, such as King, favored the non-violent approach. This paper will focus, for the most part, on Malcolm X and King because they are both strong representations of two different approaches to a common goal. Perhaps their different approaches of violence and nonviolence stem from their original opinions of how capable the whites are Not all of the whites involved in the problem of racism supported it. Some were actually trying to help fight for the blacks. Unfortunately, it took Malcolm X a long time to figure that out. Malcolm's paper, "The Ballot or the Bullet," makes that clear. In his paper, he is constantly criticizing whites as a whole. He does not consider, even for a moment, that a white could actually support equality for all men. "Usually, it's the white man who grins at you the most, and pats you on the back, and is supposed to be your friend. He may be friendly, but he's not your friend" However, in a later work of his, "1965," one can see that Malcolm was learning to accept whites as possible allies. I tried in every speech I made to clarify my new position regarding white people - 'I don't speak against the sincere, well meaning, good white people. I have learned that there are some. I have learned that not all white people are racists' (367). ...

Managing Projects Term Paper Example | Topics and Well Written Essays - 3000 words

Managing Projects - Term Paper Example B. Activity Timing Calculation for Earliest Finish Time (EFT) and LST (Latest Start Time) are shown in the appendix 1. In such context, Field and Keller (2007) gave the following equation to calculate the float time; Float Time= LFT –EST - Duration Generally, float time is defined as the amount of slack time allowed in project or it can be said that amount of time that can be delayed without delaying the completion time of the project. Total float time for the project has been calculated as 29 days and the calculation is given in the appendix 2 section. C. Critical Path It is evident from the research work of Takim, Akintoye and Kelly (2004) that measurement of critical path or the longest route to complete the project plays vital role in project management. Float time has been taken as zero while calculating the critical path. In such context, the path passing through activity points such as A, B, C, F, G, K, L, M, N, O, Q and R has been identified as critical path for the pr oject. Hence, by joining the time scales of these critical activity points we get 50 days as the completion time for the project. At least 50 days will be needed in order to accomplish the project. D. Project Completion Time Project starts on Monday 15th July, 2013 and the project team will work for 5days a week (supposing there will be no holidays except weekend holidays). Taking account of the 50 days project completion period, it can be said that the project will be completed on 20th September, 2013 (Friday). Calculation of the end day of the project has been given in the appendix 3 section. E. Delay in Activity Float time for activity E (not a critical activity) is 2 days which means that maximum 2 days can be delayed for completion of E activity hence delaying activity E for 1 day will not affect the project completion time. Float time for activity P (not a critical activity) is 3 days which means that maximum 3 days can be delayed for completion of P activity hence delaying ac tivity P for 2 days will not affect the project completion time. Q lies in the critical path hence reduction or increase of the duration of the activity will affect the completion time of the project. 1 day early completion of the project Q will help the project to be completed 1 day early. However, delay in activities will definitely increase the cost of the project hence project managers should try to complete each activity on time in order to control the cost of the project. F. Network Diagrams- Limitations Taylor (2006) showed doubt over the usability of network diagram in complex projects while other research scholars pointed out that network diagram is basically probabilistic in nature. Taylor (2006) also pointed out that using network diagram in big project increases the complexity and also creates problem for project members to understand the flow of activities. In such context, limitations of the network diagram can be depicted in the following manner; Concept of Poisson di stribution is used in order to understand the

Business Law Essay Example | Topics and Well Written Essays - 2000 words

Business Law - Essay Example This is a system that categorises the different laws enacted into several distinct sections. However, other laws have legal jurisdiction in the United States, but they are not categorized under the United States Code. Some of these laws include the Universal Commercial Code (UCC) and the law of contracts. Scenario Overview The scenario presented by the events leading to the case of Chetum versus Barkley raises a lot of legal issues that need to be investigated. Ian Chetum is a shrewd businessman who awarded a contract to a family firm belonging to Knarles and Barkely. However, the terms of the contract were unclear and thus it created conflict between the interested parties. Ian Chetum has sued Barkely and his company for breach of contract, and this situation needs legal interpretation. There are several laws enacted in the United States of America and this laws deal with civil wrongs, torts or contracts. The sale of goods or service is guided the law of contracts, but in this scena rio, we witness several mistakes committed by the stakeholders in the case. For instance, Ian Chetum who owns the building in North Virginia ignored expert advice advanced to him by a plumber who works for Barkely. It is important to note that the firm run by Knarles and Barkely has jurisdiction in three districts of Columbia, Maryland and Virginia. As a result, they have the legal right to operate in these regions while the company can conduct business with any business partner or consumer. Laws in the United States There are several laws in the United States of America and most of these laws are enacted the House of Senate. Most of US laws are sourced from the senate while other international laws are recognised in the United States. For instance, the Uniform Commercial Code (UCC) is an international law that has jurisdiction in the US. Other sources of law that is usually relied upon in the courts of law in the United States include law based on precedence. This is whereby court decisions on previous legal matters are used in solving current court cases. Most agreements or contracts are based on the agreements made between two or more parties. A contract has provisions that guide on initiation, performance and termination of the agreement/contract. A contract should be entered through an agreement where an offer is made by one party, and acceptance is done by the other party. For a contract to be legally binding there must be free and genuine consent between the parties. A contract should include provisions that can easily be performed while the provisions should bear meaning. In the United States, the laws of contract and sales are different since these laws are used in different circumstances. For instance, contracts are used in drawing agreements that last long periods of time unlike sales laws that govern on sale of goods. Legal Issues The scenario presented in this case raises several legal issues which surround the job conducted on Ian Chetum’s building. Employees or professional who work on certain jobs have to be certified to conduct these jobs. Knarles’ company employees a plumber who is certified by the District of Columbia and thus, he has jurisdiction to work in Columbia. This raises the legal issue of jurisdiction in that is the same plumber licensed to work in other Districts such as Virginia and Maryland. Another important legal issue that needs to be looked into is if the unintended non-renewal of the plumber’

Terry vs ohio Research Paper Example | Topics and Well Written Essays - 2500 words

Terry vs ohio - Research Paper Example Ironically, this chance presented itself in form of a case, the Terry versus Ohio case. Many other cases have taken place in federal and Supreme Courts, and the Terry versus Ohio case, which took place over 40 years ago, is applied. Some people argue against the terry versus Ohio outcome. This work, therefore shall give a detailed account of what led to the arrest, who was involved, the charges, the outcome of the case and thereafter look at several issues that arise and can be seen from this case. Background The events of that case began on the afternoon of 31ST October, 1963.A law enforcement officer in his civilian dressing making his afternoon tour, spotted two men from a distance. In his testimony, the officer, Mr. Martin McFadden told the court that he spotted two men in Euclid Avenue. He took keen interest in them as he had never seen them before, not that he knew everyone in that town, but he just took keen interest in them. For him, they appeared to be in the wrong place at the wrong time. He took his time to study them and that is when he realized their questionable actions and movements.3 These two men talked briefly, and then one of them walked along the corridor, stopping for some time to look through the windows of a particular and specific store. After this, the man went back to his company, and after some time, the other man did the same thing, walked along the corridor and stopped at the same store. This further increased the curiosity of the officer. After around six times of this repeated routine, the two men were joined by another man. More talking was done and then the newly arrived man left. The law enforcement reported to the court that after this man left, the two men who were there earlier continued with their earlier suspicious routine. They did this for about fifteen minutes and then left, following the direction that the other man had taken. This further increased the curiosity of the officer, who had been watching them from a close enough distance. According to him, he suspected that they were ‘casing a job’. He followed them and found them in the company of the man who had left earlier. After all, as he said in the court, McFadden had enough experience to tell when something wrong and suspicious was cooking. In his 39 years of service, dealing with pickpockets and shop breakers, the officer had learnt to read the signs of such people.4 Officer McFadden approached them and produced his identification. He asked them what their names were, but they officer did not comprehend what they said. They mumbled incoherently. They officer had a strong suspicion that these three men were up to no good, and that is when he grabbed one of the men, Terry and spun him round. He felt a gun in Terry’s overcoat pocket, but could not reach it. He ordered the three men to enter into the nearby Zuckers store and face the wall. The officer removed Terry’s overcoat, from which he recovered a 38 caliber revo lver.5 He also patted the other men’s outer clothing. He recovered a pistol from Chitton, the man with whom Terry had done the routine walks with. On the other man, Kartz, there was no weapon found. The two men

Consent Of An Intoxicated Victim Rape Law Essay

Consent Of An Intoxicated Victim Rape Law Essay Provisions of the sexual offences 2003 act In times gone by, the offence of rape was defined as the carnal knowledge of a woman forcibly and against her will.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was established. The House of Lords held that a trust in consent, even if irrational, would go against mens rea provided that the trust was honest. Although subject to a measure of criticism, such as that it represented a rapists charter,3 this is still the approach to the offence in the common law jurisdictions. Rape requires evidence of the physical essentials of penetration without consent and also the mental aspect that the offender not only intended to penetrate but knew the victim was not consenting or was careless as to whether the victim was consenting.4 carelessness is generally understood subjectively to mean that the offender was conscious that it was probable that the victim was not consenting but continued in any case.5 s 1 defines rape. Intercourse is complete upon proof of penetration by the penis and being complete means that it is has come into existence, not that it has reached an end. It is not necessary to prove that the hymen was broken. Part of the actus reus is that the victim does not consent. 1 St G Tucker, Blackstones Commentaries (William Young Birch and Abraham Small, IV, 1803) 210. 2DPP v Morgan [1976] AC 182. 3J Temkin, Rape and the Legal Process (Sweet Maxwell, 1987) 79. 4Crimes Act 1900 (ACT) s 54; Crimes Act 1900 (NSW) s 61I and s 61R(1); Criminal Law Consolidation Act 1935 (SA) s 48; Crimes Act 1958 (Vic) s 38. 5 See DPP v Morgan [1976] AC 182, 215; Satnam and Kewal (1983) 78 Cr App R 149; Turrise v R [2003] ACTCA 23; R v Brown (1975) 10 SASR 139; Wozniak and Pendry (1977) 16 SASR 67, 175. s 2 This was a new offence that didnt exist at all previous to the 2003 Act. The actus reus can be that accused uses a part of his body to penetrate victim as in rape, but orally is not included in this offence, and what he penetrates victim with can be his penis or it can be anything else, eg fingers, bottle, anything, and the victim must factually not consent. The crossover with rape will operate if the victim is unable to determine what she was penetrated with perhaps because she was intoxicated, injured or asleep. The mens rea is intention. As with rape, this offence requires a reasonable belief in consent and can be committed recklessly as a result of that. It is therefore a basic intent crime which means that evidence of no mens rea due to involuntary intoxication will be a defence R v Majewski [1977] AC 443. Sexual is defined at s 78 of the 2003 Act. s 3 This offence is akin to the old offence of indecent assault under the 1956 Act, other than the s 3 offence here req uires that D touch V in the circumstances described. The old law only required an assault, which of course need not have involved actual touching. Under the common law in R v Rolfe [1952] 36 Cr App R4 D was guilty of an indecent assault when he walked toward V with his penis exposed. This would not satisfy the s 3 offence now. However, R v H [2005] EWCA Crim 732 shows that only the slightest touch to Vs clothing in a sexual way will suffice. Sexual is defined ats 78 of the 2003 Act, and Ds belief in consent must be reasonable. s 4 The actus reus is not complete unless V factually engages in a sexual act at the instigation of D and V factually does not consent. Sexual is defined at s 78 and Ds belief, if he is to escape liability, must be a reasonable one that V consents. There is no requirement for D to be present when V engages in the activity. Causing V to masturbate herself or causing V to engage in acts of prostitution are examples that would fit s 4. s 61 Administering a substance can be done in any manner, eg in food or drink, by injection or by way of inhalation (perhaps on a smothering cloth or in vapour held under the nose whilst V is asleep). D must administer the substance or cause a third party to do so and while a sexual activity must be intended it need not be D who it is planned will engage in it with V. V must factually not consent and D must be aware of this a mere belief that V might not consent is insufficient. s 74 provides that: a person consents if she agrees by choice, and has the freedom and capacity to make that choice. The definition is based on free agreement. s 75 A conclusive presumption means that the presumption will apply, in this case that V did not consent, if the relevant act is proven to have occurred (the sexual act) and the circumstances described are proven to have occurred (eg D deceived V as to the nature of the sexual act). D will then be presumed to have not had Vs consent and there is no opportunity for him to argue that he did have it. The requirements of force and lack of will were replaced by the perception of consent in the mid 19th century. The turning point was the case of R v Camplin,6 where a woman was penetrated after being made drunk by the accused. Faced with no indication of force against the victim, the House of Lords decided that there could be rape if the penetration took place without the consent and against the will of the victim. In focusing on consent rather than force it has been argued that the offence does not capture the real nature of rape.7 Feminists have articulated several apprehensions about whether the focus on consent sufficiently protects women.8 Firstly, an objectionable consequence of making the consent of the victim the central question has been that criminal trials tend to focus on the conduct and sexual history of the victim rather than on the conduct of the accused.9 A second criticism is that the everyday use of the term consent does not satisfactorily distinguish between cases in which the victim submits out of fear and cases in which she is prepared to engage in sexual intercourse.10 6 R v Camplin (1845) 1 Cox 22. The decision was confirmed in R v Fletcher (1859) 8 Cox 131. 7 V Tadros, Rape Without Consent (2006) 26 Oxford Journal of Legal Studies 515, 516. See also V Tadros, No Consent: A Historical Critique of the Actus Reus of Rape (1999) 3 Edinburgh Law Review 317, 330. 8For further discussion see P Western, Some Common Confusion About Consent in Rape Cases (2004) 2 Ohio State Journal of Criminal Law 333-359. 9 Tadros, above n 10, 326. 10 Ibid. Finally, it has been argued that the theory of consent cannot be determined reasonably while jurors and judges rely on their predictable views about sexual roles in their assessment of consent such as, put bluntly, yes means no; that women fantasize about being raped; or that women could resist if they really wanted to.11 Voluntary intoxication vs forced intoxication There is a well-established link between the use of commonplace intoxicants like alcohol and sexual assault. Estimates vary between studies, but it is generally accepted that alcohol has been consumed by one or both parties in a high proportion of rape cases. Alcohol has thus been suggested to be both a precipitant of, and an excuse for, sexual aggression by men (Richardson and Campbell, 1982; (Richardson and Hammock, 1991). In addition, alcohol use has been studied as a risk factor for sexual victimization, since it lowers awareness of risky situations and impairs the ability to resist assault (Abbey, 1991; Berkowitz, 1992). Four of the simulations involved alcohol, with the key variable relating to the means of administration to the complainant: (1) unambiguous self-administration; (2) self-administration under pressure from the defendant; (3) surreptitious strengthening of an alcoholic drink by the defendant; and (4) surreptitious administration into a non-alcoholic drink by the d efendant Present Scenario The existing situation where there is no statutory definition of consent to any sexual act which might otherwise be a crime is far from perfect, leading to a lack of lucidity for the complainant, the accused and the Jury. The positive impact of a lucid definition should also be felt outside the courtroom, preventing at least some acts of sexual violence. It would seem best that an alternative expanded and more inclusive definition of consent should have as its primary focus the conduct of the accused rather than that of the complainant, as far as possible, with the aim of 11 See Victorian Law Reform Commission, Sexual Offences: Interim Report (2003) 310. avoiding protracted, hostile and thorough cross-examination of the complainant on matters which are often of doubtful bearing to any real issues in the case. Of course, fairness to the accused is a crucial principle. However, no less crucial is the framing of the law to circumvent needless suffering of survivors of sexual aggression by grilling, as there can be no doubt that apprehension of such an ordeal operates to augment the pace of erosion. Is the present definition of consent inadequate Now it is time to endorse a new extended all-inclusive definition of consent which incorporates the benefits and avoids some pitfalls of the definition used in the UK Sexual Offences Act 2003 12. Some legal experts have identified, that the UK definition does not give any guidance as to whether the complainant must communicate consent by words or action 13. However, it is apparent from the successive cases that the most significant rational issue has been capacity. The England and Wales legislation does not include any definition of capacity itself, and its list of situations where there is presumed to be no consent, at sections 75 and 76 of the SOA 2003, does not expressly include the situation where there is no capacity to consent because of self-induced intoxication of the complainant which falls short of unconsciousness. It is reasonable to say that the UK Government examined this breach in the law in the light of the decision of the Court of Appeal in R v Bree [2007] EWCA 256, i n which the Court interpreted the capacity to consent as something which may evaporate well before a complainant becomes unconscious, and explained that if, through drink (or for any other reason) the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consentingà ¢Ã¢â€š ¬Ã‚ ¦. However, the Court also made it clear that the complainant may still preserve the capacity to consent (or not) even if she has had quite a lot to drink, which means that basically each case will turn on its own facts. The UK Government decided not to change the law subsequent to this decision. 12 See Section 74 of the UK Sexual Offences Act 2003: à ¢Ã¢â€š ¬Ã‚ ¦..a person consents if he agrees by choice, and has the freedom and capacity to make that choice. 13 For example, see an article by Victor Tadros entitled Rape without Consent, Oxford Journal of Legal Studies,Vol 26, No 3(2006), pp 515-543, at page 521 et seq It would seem best, given that this is a situation which arises very frequently, and which gives rise to misuse, that an expansive definition of consent should contain stipulation for the situation where the complainants consent is compromised by her voluntary intoxication. After all, the drink driving laws believe that after use of a very modest measure of alcohol, our competence to control a car carefully is critically affected. Of course, this would mean that the conduct of the complainant would still be under investigation. Some regulation as to what should be included in such an extended definition will be found at Sections 75 of the UK SOA 2003 (evidential presumptions about consent) and Section 76 ibid. (conclusive presumptions about consent), which taken together provide a list of situations in which the lack of consent may be understood, and except for the two exceptional situations contained in Section 76, additionally provide that it is open to the accused to bring in ample evidence to show that there is an issue as to whether the complainant consented, in relation to the particular state of affairs. This list of situations does NOT cover the situation where the complainants capacity to consent is impaired by self-induced intoxication, but he/she is not asleep or otherwise unconscious 14. Circumstances when allowing sexual activity does not amount to consent Allowing sexual activity does not amount to consent in some circumstances like when she does not protest and/or offer physical resistance to the activity or if the activity takes place while she is asleep or is unconscious. A comparable condition may come about when she is affected by drugs or alcohol to such an extent that she is in no situation to consent or refuse. It is not pertinent whether or not she took the drug or alcohol voluntarily or involuntarily. Another condition could be when the person is so affected by a mental or physical condition or impairment that she is in no position to consent or to refuse consent. Similarly, it is not consent to sexual activity if she allows it because she is mistaken about the persons identity or she is mistaken about the nature of the activity. 14 Section 75 (2) (d) UK SOA 2003 A consent by another person on behalf of the complainant cannot be considered a legitimate consent or if another person in a position of power, trust or authority incites her to engage in that activity. A complainant cannot express her consent by a lack of concurrence to engage in that activity or having first consented, she expresses by words or conduct a lack of agreement to continue to engage in such activity. The Sexual Offences Act 2003 and thereafter Demand for change of Law The Government has already made a number of changes to the law on rape and the way the police and Crown Prosecution Service work on these cases. These changes include strengthening the law on rape through the Sexual Offences Act 2003 and developing a network of sexual assault referral centres that provide specialised, dedicated help and support to victims. The pioneer support for a change came from non-government groups and victim and survivor support groups, whilst members of the judiciary and legal profession were less persuaded of the need for change. Moreover, around a third of the respondents who believed that the law should be changed favored a further evidential presumption to cover intoxication by drink and drugs, often citing the recommendation that was made in the report to Home Offices review of the law on sexual offences, Setting the Boundaries, which projected an evidential presumption that read: Where a person asleep, unconscious or too affected by alcohol or drugs to give free agreement. A number of respondents, particularly victim and survivor organizations, further argued that the law as it presently existed was essentially paradoxical on the subject of intoxication. The respondents argued that where intoxication fell short of unconsciousness and was therefore covered by section 75(d) of the Sexual Offences Act 2003, i t was both presumed and not presumed to invalidate consent depending on whether the intoxicating substance was administered covertly or consumed voluntarily. It was suggested that the distinction between those intoxicated having had their drink spiked (or been drugged in some other way) and those intoxicated apparently of their own wish was not as clear cut as the law allowed for. There were cases in which offenders knowingly facilitated the intoxication of susceptible victims in order to commit an offence. One example was where an uncle facilitated the intoxication of a younger niece in order to commit a sexual offence. Even in situations where the offender had not been responsible for inducing intoxication there was a risk that some men can seek to take advantage of the fact that women are drunk and therefore have less capacity to defend against demands or intimidation. Therefore, it was argued that the law should be changed so that it made no distinction between voluntary and involuntary intoxication if the final consequence was a lack of capacity to consent. The proceedings in the case of R v Dougal 15 were widely cited as an example of the difficulties caused in applying the current law to cases involving voluntary intoxication and as an argument in favour of adopting a change in the legislation. This case collapsed when the prosecuting counsel took the view that the prosecution were unable to prove that the complainant, because of her level of intoxication, had not given consent and informed the judge that he did not propose to proceed further. The judge agreed and directed the jury to enter a not guilty verdict. It was argued, that the case should have been proceeded with and the issue of the victims capacity to consent put to the jury. It was argued that a change in the law would allow a similar case to proceed in the future and would provide assistance to the jury in considering the issue of consent. While the relationship between capacity and intoxication was the most prominent issue, responses from police and prosecution representatives and childrens organizations identified other factors that should be taken into account when considering an individuals capacity to consent. These included mental health, domestic violence and the exploitation of victims made vulnerable by their circumstances, for example sex workers. There were differing opinions on whether a change in the law would be necessary to allow the effects of such factors to be considered in relation to consent. Organizations with a specific interest in children supported a change to the law which would take account of the particular vulnerability of children and the circumstances in which they can be exploited in order to commit sex offences. It was noted that alcohol can often be used by offenders to make it easier to commit an offence. 15 R v Dougal (2005) Swansea Crown Court (unreported) However, it was also pointed out that alcohol is frequently consumed voluntarily by teenagers before engaging in consensual sex and that it was important that intoxication should not be the only factor taken into account when considering the capacity of those under 16 to consent as this could lead to inappropriate prosecutions. The opinion that the law did not need to be changed was most commonly held by members of the legal profession, the judiciary and law enforcement agencies. Some argued that the law had only been in force for a relatively brief period and that any meaningful assessment of the Acts provisions was therefore premature. Continual change, others argued, rather than bringing clarity, would only serve to cause further confusion. Opponents of change argued, it would be wrong to seek to change the legislation simply because of the outcome of the case of R v Dougal. They took the view that the Sexual Offences Act 2003 had provided a welcome modification to the law on cons ent, which had improved the law because juries were now required to consider what steps the accused had taken to establish whether or not the complainant genuinely consented. Although there may now be a focus less on whether or not consent was given but rather on whether the complainant had the capacity to give consent, this did not challenge the adequacy of the law as it was currently framed. Those who did not consider that the law needed changing argued that it was already the case that a jury could ask themselves whether the complainant was in a fit state to give free and informed consent, especially if they had been drinking heavily. It was suggested by judicial respondents that R v Dougal had been an exceptional case and that in most similar cases juries have been properly directed that lack of capacity includes incapacity through excessive consumption of alcohol or drugs. There was concern for the broader implications of a change in the law. It was suggested that establishing a link between intoxication and a capacity to consent could result in, and according to some should entitle, a defendant to argue that he was too drunk to assess whether consent had been given. It was also argued that the effect of intoxication on a persons ability to make decisions could not be used as a defence to other offences, for example assault, and so should not be relevant to the capacity to consent in rape cases. However, it was also argued that these two situations were not analogous because victims were not on trial. Section 74 of the Sexual Offences Act 2003 refers to freedom and capacity and argued that there was a distinction between these two concepts. It was argued that capacity to consent was relevant to children and individuals with mental disorders impeding choice but not to adults who had become intoxicated. It was suggested that equating adults with children in this way was a step backwards. Should there be a statutory definition of capacity This change in law by way of inclusion of a definition of capacity would bring a clarity to proceedings and ensure that juries would consider the complainants circumstances, including any effect that alcohol or other substances may have had on their ability and freedom to choose. Advocates of this definition consider that it is clear and easy to understand and would cover the circumstances where a complainant was so drunk but not unconscious as to not know what was happening or unable to say no. A number of those who supported a further evidential presumption based on alcohol consumption suggested that this might be the statutory definition of capacity that was needed. Most commonly, the evidential presumption that was proposed was the one that appeared in Setting the Boundaries. Such an evidential presumption, it was argued would allow the case to be put to the jury, even where the complainant could not remember whether she consented or not. It would, of course, remain open to the defendant to say that the complainant did indeed consent and for the jury to believe him or, at least, give him the benefit of the doubt. Philosophical issues Does a person who is voluntarily drunk remain capable of giving valid consent to sex? The Court of Appeal in Bree held that a drunken consent is still (valid) consent, though it further recognises that the capacity to consent may evaporate well before a complainant becomes unconscious. This decision is a move in the right direction, yet this article argues that it has not gone far enough, and that s. 74 of the Sexual Offences Act 2003 which governs these scenarios allows-and even requires-a more drastic interpretation: a drunken consent is not consent when the person is very drunk. Based on a distinction between factual and legal consent, the article starts by setting up the legal framework as set out in s. 74, and developed in Bree and H. It then goes on to criticise the current case law and its interpretation of s. 74 for not being restrictive enough, by examining two possible theoretical rationales, mentioned in the judgments. The first, which is based on an analogy with the law r elating to intoxicated offenders, is criticised on the grounds of differences between consent and intent. The second, which is based on the general argument that this position recognises the positive aspect of sexual autonomy, is criticised for its failure to distinguish between claims of normative facts and claims of public policy and for giving too much weight to the latter considerations. From the discussion an alternative, more restrictive position, emerges in line with s. 74 of the 2003 Act, according to which a drunken consent is not consent. This position can be adopted by judges, through the provision of better guidance to juries, but failing that a reform of the law might be needed. @ @ @

Friday Night Lights by H.G. Bissinger Essay -- rural town, football cra

H.G. Bissinger’s Friday Night Lights brings to mind the cold, autumn nights of 1988 where a town, just like any other rural town in America, was brought together in such a raw and emotional way. From the rise and fall of Boobie Miles to the push for the playoffs, it is clear that 1988 Odessa was swept up in the glory of football to replace the grandeur of the 1950s, which seemed to deteriorate throughout that hectic decade. While a modern reader may view Bissinger’s masterpiece as a tale from a dated and faraway place, several factors have kept it in the public’s eye. What is it about Friday Night Lights that still resonates today? The answer can still be found in the same rural towns of America. Though it may seem incredible, Texas is still football crazy, and it may be fairly concluded that emotions have only slightly receded from the obsession they once held towards high school football. People’s inability to analyze themselves, the impact a community c an have on younger generations, and the way priorities can easily be warped all struck me as subjects that have stayed true in Texas culture over the past 26 years. I will be discussing these topics throughout this dissection of Friday Night Lights. The ability to analyze one’s self is a trait that seems to be lacking in nearly everyone until, supposedly, they reach full maturity. It can be noted that this ability is extremely lacking in every character introduced in the book, including adults. All of the coaches and parents fail to realize the great amount of pressure they place on the kids. Rather than being supported, Boobie Miles is treated as a â€Å"has been† at the age of eighteen by everyone surrounding him. Don Billingsley is dejected at the beginning of the season, even b... ...at Round Rock because the school was having difficulty supporting it. It can be understood why the football season of 1988 seems like such a faraway place. 1995, the year I and many of my fellow classmates were born, marked twenty six years since Neil Armstrong walked on the moon. Though it is not a pleasant thought, it seems that the problems Americans faced in 1969, 1988, and now will be problems we must face for years to come. It is our duty to make Texas a better place to live, encourage younger generations that success and happiness exist after high school, and that one is in charge of his own destiny. Works Cited Cantu, Rick. "State's Stadium Spending, Amenities Raise Eyebrows." Austin News, Sports, Weather, Longhorns. N.p., n.d. Web. 23 Apr. 2014. .

Bcg Growth â€Share Matrix

BCG is an acronym which stands for Boston Consulting Group Growth –share matrix. This is a mode which is recommended for all companies to use in the event of marketing and resource allocation. The information collected by experts in business environment indicates that there is no strategic management which appears to be successful without using the BCG growth model.Boston Consulting Group is a model widely used by many multinational and domestic companies as instrument in portfolio management in the event of employing a strong base to face their competing companies in the industry they are operating.The BCG matrix helps to play as analytical tool where a certain company is faced with problems of constant market growth rate and lack of advancement in general (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html). Boston consulting group (BCG) growth now comes in as a firm which gears its efforts in giving consultation services to other companies in general organization management where need arises. This firm is highly respected in the business industry due to their efficient and effective job.This firm was started in the 1970s as a business firm but today it has the leading level in terms of business schools and executive education Programmes around the world (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html). Boston Consulting Group labels As a management tool Boston Consulting Group-share matrix can be used to classify product portfolio in four businesses types which are based on four graphic lebels. this include stars cash cows question marks and dogs.it also stipulates priorities which should be extended to a companies product portfolio. According to Boston Consulting Group, priorities in company’s products portfolio can be given by use of the products portfolio cash usage and cash generational, i. e. input and output. Consequently the model gives the company a high light on how to deal with various product lines. For mult inational companies the model acts as an indispensable tool for analytical purpose in this event of evaluating their organizations diversified product lines (http://bankelele.blogspot. com/2007_07_01_archive. html). Market growth and relative market share are the two dimensions in which BCG growth-share matrix can be based on. The two aspects reflect the level in which an organization has excelled in the industry it is operating. Products which are in fast growing market should be highly valued because they bring into the organization the highest profit margin in the organization and this can only be revealed through use of BCG growth-share matrix.Due to correlation between relative market and products cash generation, BCG helps to capture market share of a strategic business unit as well as analyzing how the units in an organization can be well advanced to have a competitive advantage against those of the competitors. The underlying assumption in BCG is that the more an organizatio n is engaged in a particular activity the more they save costs which could have been incurred during the time of trading (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html).This is a suggestion that the effect in experience curve requires that market share to be increased to enable the company to lower the cost in the process of business operation. For those companies with dominant market share then its clear that they will have a cost advantage over competition companies because they have won a greater share of the market (http://bankelele. blogspot. com/2007_07_01_archive. html). The Boston consulting group (BCG) matrix is based on a products life cycle theory which states that a product has four main stages in growth i. e. introduction in to the market, developed through strategic planning, maturity stage after it has gained market adaptation and finally decline stage whereby it starts loosing its taste and demand goes down.According to BCG matrix the product life cyc le determines product portfolio of a business unit. The four categories in which BCG matrix use in placing products in portfolio includes; cash cows whereby, these are units in an organization which have high market share but are slow in growth. Generally these are units which generate cash in excess of the amount of cash needed to maintain the business.All operating companies would like to own and maintain many of cash cow units to maintain the operations in their industries. They are referred to as stand and boring now that investing to this kind of unit might lead to low returns in a business companies normally invest low but they gain a harvest a lot from them,. These units should be well maintained for growth of other units in a business (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html) Dogs are units with low market share in mature slow growing industry usually referred to as pets.These units have got little or no cash generation which can be used to run or maint ain the affairs in a business market share. From accounting perspective these units can only be good in a business in the matter of creating job opportunities to the jobless but in strategic market view they are un worth to be maintained or included in a business product line. Such product units should be removed from business operating system to avoid negative consequence in future. This is because they depress a profitable company’s return on assets ratio used by many investors to judge how well a company is being managed (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html).Question marks are the third class in product portfolio. They are units with high growth rate but low market share and thus they consume a lot of cash though they generate very little of it and this results to high rate of cash consumption in the business. These units have a potential of accelerating to a star level but when the market growth slows, they turn to be cash cows. If the market gro wth declines completely leading to low consumption, then question marks becomes Dogs.Therefore question marks should be carefully scrutinized to see whether they are worth investing in and corrective control measures to be taken. Stars are leader units in the market industry. They are units with high market share in a fast growing industry (http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html). To maintain Stars in a business requires a lot of cash and therefore cash cows becomes the support of Stars. This is possible only if the business is worth to be leader in the market industry. If not well maintained Stars, can fall from being leader in the market and become cash cows.Due to the market trends, products in a particular organization keep on changing direction from Stars to Dogs. The natural cycle for most businesses units is that they start as question marks then turns into stars. Eventually the market stops growing and business unit changes from Stars to Cash cows and then Cash cows turns to Dogs with time. BCG growth-share matrix in Unilever Company For a fast growing company and a multinational one for that matter, Unilever Company which engages in different product lines have got no other option but to use the BCG model.This is because an invaluable analytical tool in their diversified product lines as it has been witnessed. According to FMCG and Retail marketing Blog article in February 2008, Unilever Company grew to sputter as P &G and it has taken market share in India. The Unilever Company sells household foods and other consumer related goods. According to the article released on February2008, the speculation of the company seems to notice a global revenue growth slow in the year 2010 as Procter and Gamble Company (http://universityessays. tripod. com/bcg_growth_share_matrix_boston_consulting_group.htm) Being the second world’s largest consumer product maker, Unilever has heavily relied on accelerating shipments of Surf Excel deter gent in India to make up for sluggish sales in Europe. One of their branches is stocking Olay-skin-care products after nearly having the local prices of Ariel and Tide in 2004. The speculation states that there will also be a down fall of the Unilever’s product market share in Asia and Africa where the company has heavily marketed their products since its start of operation (http://www. amazon. co. uk/review/product/1403944539?showViewpoints=1) The estimated fall in Unilever overall sales growth is expected to be 4. 9 per cent in 2010 from estimated 5. 3 per cent in 2007. Its competitor, Procter &Gamble will have a market share increase in the year 2010, according to Bloomberg survey analysts. Unilever Company has various companies and factories in every continent and research laboratories at Colworth and Port Sunlight in England. It started a five year feasibility company initiative in their goal and making sure that they achieve their competitive strategy purposes and specu lations.This was aimed at converging the marketing and disparate arms in their business including personal care and consumables into an umbrella function displaying the breadth of their contributions to personal vitality. As stated by its chief executive officer, Patrick Cescan, the company is planning to take a strong stance on sustainability in the market. Apart from Breyers and Ben and Jerry’s, all its ice cream business is done under the umbrella called Heart brand which was launched in the year 1999 and modified in 2002 as a way of promoting international brand awareness and cross-borders synergies in manufacturing and marketing.The company has the biggest market share in the ice cream industry with an annual turn of â‚ ¬5 billion (http://fmcg-marketing. blogspot. com/2008/02/unilever-growth-to-sputter-as-p-takes. html) According to Boston Consulting Group, development of matrix requires the assessment of a business portfolio, which includes an organization’s a utonomous divisions in terms of their profit or activities. Unilever company has advanced its strategic management plans to ensure that their products are competitive in the market.Being a consumer goods producer, it has observed global values in terms of cultural diversities and other related issues in their marketing to ensure that they are not faced out of market. Although the model is not used as it was used in the past, BCG growth/share matrix it has one advantage in that it has an ability of providing a comprehensive snapshot of the positions of a company’s various business concerns. It also draws attention to the cash flow investment characteristics and needs of organization to know how to manage and also help the organization to know how to manage and maintain a balanced portfolio.Unilever Company has collected the highest profits from their sales in Africa than any other continent where they have been involved in trading despite the decline in capital investment (Mer cer, D, A 1993). In India and Asian countries investment is increasing and pound for pound profits are much higher than Europe. In the 1970s the Unilever company created an intricate services discount and bonus system in its Danish subsidiary, margarine selskabet aiming at selling as much as margarine as possible.This helped the company put business at a competitive position (http://fmcg-marketing. blogspot. com/2008/02/unilever-growth-to-sputter-as-p-takes. html) BCG matrix has been widely used in Unilever especially in house hold goods whereby tastes and preferences change every time where applied BCG matrix helps not only in market growth but also position of cash flow in the organization. BCG matrix has acted as good indication of Unilever markets strength and future potentials and attractiveness to future competitors. Now that BCG matrix ranks only market share and industry growth rate it implies the actual profitably and purpose of any business unit in relation to the 4 graphi c cycles in product portfolio.Unilever Company has dropped many products and developed new ones in the event of satisfying the market demands. In Africa consumer goods from Unilever company has highly excelled due to clear plan and matching with consumer interests. This has been possible through use of BCG matrix which helps identify the position of product in the market and take the possible measures for instance the cash cows business as units will gain their expected profits very fast which give s the management team an easy jobs.The house hold goods in Unilever including soaps and other types of ointments have excelled nicely in African and Asian countries. This helps to reveal good position in Unilever Company among other practicing multinational companies. This helps the company to make wise investment to get the targeted profits. The company has also experienced a lot of problems in certification of some the products in certain countries. This forces it to use extra cash to m ake aggressive promotion in already existing market to increase their sales.In 2005, the company had to permit Glidat Strauss to export its brand of ice cream to United States due to strict kosher certification of products in Israel where by ice cream and Krembo may be sold only in kosher supermarket and other important shops. The company has also invested much in some of its product brand like in personal care products which are believed to be in the question marks. Some of these personal care products cannot become cash cows hence this is seen as wastage of money. The idea behind investing instars and questions is to enable them become cash cows.If they don’t achieve real market dominance then it is advisable for the company to disinvest and try to get whatever possible cash out of the question marks that were not selected (http://www. referenceforbusiness. com/management/Sc-Str/Strategic-Planning-Tools. html0).One of the limitations of Boston Consulting Group matrix is tha t high market share is not the only indicator for success factor but there are some other underlying forces which needs also to be considered. Also market growth is not only indicator for attractive ness of market.Sometimes Dogs can earn even more cash just the same as cash cows. All in all BCG matrix method can help understand or identify a mistake which is repeatedly done by an organization in the strategies they use. This is because there is a well installed system of checking the approaches to strategies used such as generic growth target or generic reform on capital invested for the entire corporation. If the company is experiencing a problem with some of the brand product lines they can dump them just as it is proposed in BCG matrix.Unilever Company used the BCG model as a tool for understanding where their power has in business situation. This is possible through understanding of both strength of their current position and strength of the position they are anticipating for.Th e company has put a strategic plan for 5 years which is aimed at saturating the whole world with their products which are competitive and consumer friendly. A team has been put in place to act on this by improving the company’s weaknesses to strength and stipulate the best methods which would be followed.All this is done to make sure that the company is performing at a level of fulfilling the set goals and standards (http://www. referenceforbusiness. com/management/Sc-Str/Strategic-Planning-Tools. html). For the case of stars most companies’ uses prices skimming to penetrate the market. The prices are normally high and this can lead to low sales. In most cases price skimming can only take very short periods of time which later affects demand of those products hence this products ends up entering in another level of the cycle like â€Å"Questions marks† which denies the company from enjoying its benefit (www.eduessays. com/Essays-x02887. htm). The Boston consulti ng group model has got other related limitations in that when used can make a company end up loosing market share. The BCG matrix model only insists an allocation of resources rule using cash but it does not specify the specific amount of share which a company will receive from this allocation and the market rate. Unilever company have ventured in very many consumer products and it becomes really hard to know which products is in stars or question marks hence it might end up fueling cash to a no growth products line.In some other instances a high market share does not lead consequently to a high profit margin it is clear that low business share are profitable, this can blind font the management to run their company at a loss without knowing if they insist on using more cash to such products. This is instigated by the fact that the model insists on only two dimensions i. e. market share and growth rate of which other factors are held constant in theory but not in real practice (http: //www. kmtalk. net/article. php? story=20070103041059823).The comparison given by BCG matrix is between the product and strategic business unit (SBU) only with a strong competitor in same level yet it disregard small competitor with fast growing market share. Like in consumer goods the Unilever Company has market share. Like in consumer goods the Unilever Company has targeted only the multinational companies without knowing that there are other small companies growing in their industry which can affect their sales in certain countries they have invested. This can lead to a company being put out of place in the market industry.Company which needs to be a leader in terms of market share should produce new products and charge them at a lower price to penetrate to the market. On the other hand BCG model is helpful to management in evaluating the firm’s current balance among stars cash cows, problem child and dogs. And it is also applicable to multinational companies to seek large volume and experience effects because it is easy to understand. This model provides management with basis for understanding and deciding upon how to prepare for the contingent future causes of action.This is useful especially when allocating the limited resources (www. eduessays. com/Essays-x02887. htm).References Economic matrix in big enterprises, available at: http://bankelele. blogspot. com/2007_07_01_archive. html, accessed on July 24, 2008.Executive performance incentive plan of the Unilever Company, available at: http://www. secinfo. com/dkrf. 66. 8. htm, accessed on July 24, 2008 The product portfolio of a business unit, available at: http://fmcg-marketing. blogspot. com/2007/11/bcg-matrix. html, accessed on July 24, 2008.The BCG growth-share matrix, available at: http://universityessays. tripod. com/bcg_growth_share_matrix_boston_consulting_group. html accessed on July 24, 2008.The FMCG & RETAIL Marketing Blog, available at: http://fmcg-marketing. blogspot. com/2008/02/uni lever-growth-to-sputter-as-p-takes. html accessed on July 24, 2008.Strategic planning tools, available at: http://www. referenceforbusiness. com/management/Sc-Str/Strategic-Planning-Tools. html accessed on July 24, 2008.Limitations / problems of the BCG Matrix, available at:http://www. eduessays. com/Essays-x02887. htm accessed on July 24, 2008.Mercer, D, A ((1993) Two Decade Test of Product Life Cycle Theory pp 269-274, British Journal of Management, Vol. 4 http://www. newint. org/issue172/keynote. htm accessed on July 24, 2008.Unilever company and product lines, available at: http://www. amazon. co. uk/review/product/1403944539? showViewpoints=1 accessed on July 24, 2008.Strategies in Unilever Company, available at: http://www. kmtalk. net/article. php? story=20070103041059823 accessed on July 24, 2008.