Organizational Processes, Human Resources and Ethics Needed to Be Assignment

Organizational Processes, Human Resources and Ethics Needed to Be Established in Kava - Assignment Example According to contingency theories, managers in most cases, design organizational structures that are most appropriate to the factors and circumstances surrounding the domain area of the organization itself. There are no set standards. One can’t tell which organizational structure is the best, as there are various ways to design an organization. For a particular organization, the rigid structure may be the best possible approach while for others a more flexible approach may be the right way out. Four factors are important determinants of the organizational structure or the organizing strategy a manager may opt for. These include the kind of organizational environment, the sort of business strategy the organization undertakes, the technology that has been applied in the organization and the characteristics of human resources within the organization. Kava is an island country, situated in the South Pacific. More than 50% of its population is 15 years of age. It is an ethnic mix of indigenous South Pacific tribes comprising of Asian, African, French, Spanish and a sizable number of Americans. There are a lot of languages spoken in the region comprising of English, Spanish and French and a couple of other indigenous languages. Its economy is agriculture oriented and thrives on petroleum, coffee, cocoa, spices, bananas, sugar, fishing tourism and natural gas. There is inexpensive quality labor available throughout. One of the biggest problems associated with this land is its vulnerability to natural disasters. These include threats like that of Tsunami, Hurricanes, Tornadoes, floods, fires, volcanic eruptions, earthquakes, HIV/AIDS, Petroleum spill, the High risk for avian flu and terrorism within and outside the country. There is a major lack of proper infrastructure in the region because KAVA is a region that has been affected by natural disaster.

Keynse v Friedman Essay Example | Topics and Well Written Essays - 250 words

Keynse v Friedman - Essay Example A weak aggregate demand could cause unemployment to rise and starts a negative cycle of boom and bust in economics. The general thrust of a government whenever there is a threat of recession is to intervene and use fiscal and monetary tools to mitigate the ill effects of a recession. A key recommendation of Keynes during a down economic cycle was stimulus spending by the government by deficit spending which at first glance is counter-intuitive as it requires spending using money that a government does not have in the first place and might cause inflation and devaluation. If his ideas were adopted earlier, it could have made the Great Depression less severe and shorter. Milton Friedman (1912-2006) is a famous American economist in his own right and he won the coveted Nobel Prize in Economics in 1976 for challenging the ideas of Keynes. In particular, he argued there is always a persistent unemployment that government policies can only reduce to a certain extent. The trick, he argues, is give free market capitalism free rein in promoting jobs and thereby increase in the process the level of aggregate consumption or the so-called aggregate demand of Keynesian economics. He denounced Keynesian economics as as socialism with his famous remark that â€Å"there is no such thing as a free lunch.† He sees government intervention as interference of free markets and a dangerous act (Friedman

What Is The Nuclear Arms Race History Essay

What Is The Nuclear Arms Race History Essay In this IA we will try find out how the origin, the peak and the end of the nuclear arms race. The  nuclear  arms race  was a struggle for supremacy in  nuclear warfare  between the  United States, the  Soviet Union, and their respective allies during the  Cold War. In addition to the American and Soviet nuclear stockpiles, other countries developed nuclear weapons, though none engaged in warhead manufacture on nearly the same scale as the two  superpowers. This topic was chosen because of its enormous weight during the Cold War, as well as being a very famous topic to talk about (especially when it comes to history) and generally due to the preposterous thought that all life on this planet could have been destroyed just because one nation disliked the other nation. The investigation will focus on: The origin of the race (this will include the creation of the first nuclear weapon, which kick started the race, as well as shift in the world powers). A brief mention will be made about spy wars during the period. The peak of the race (this will include the peak in the terms of the production and destructive capabilities of nukes e.g. hydrogen bombs, thermonuclear devices and ICBMs). A brief mention will be made about nuclear scare. The end of the race (this will include MAD, the collapse of U.S.S.R and nuclear disarmament). A brief mention will be made about the negative affect upon the economy of both superpowers. Note: There will be mention of all major nuclear detonations in the world e.g. Trinity, RDS-1, Castel Bravo, and Tsar Bomba. This investigation will only include nuclear arms race conducted between U.S.S.R and U.S.A and within the time period of 1945 to 1991. Summary of evidence September 17, 1942, Manhattan Project  [1]  : The Manhattan Project was a secret military project created to produce the first US nuclear weapon. July 17, 1945, Potsdam Conference  [2]  : The Potsdam Conference, a meeting of the victorious leaders of the Allies in Europe, attempted to confront the delicate balance of power of the opposing governmental structures, democracy and communism.   July 16, 1945, Trinity  [3]  : First fission device test, first plutonium implosion detonation. August 6, 1945, Little Boy  [4]  : Bombing of Hiroshima, Japan, first detonation of an enriched uranium gun-type device, first use of a nuclear device in military combat. August 9, 1945, Fat Man  [5]  : Bombing of Nagasaki, Japan, and the last use of a nuclear device in military combat. August 29, 1949, RDS-1  [6]  : First fission weapon test by the USSR. November 1, 1952, Ivy Mike  [7]  : First cryogenic fusion fuel staged thermonuclear weapon, primarily a test device and not weaponized. August 12, 1953, Joe 4  [8]  : First fusion weapon test by the USSR (not staged). March 1, 1954, Castel Bravo  [9]  : First dry fusion fuel staged thermonuclear weapon; a serious nuclear accident occurred. November 22, 1955, RDS-37  [10]  : First staged thermonuclear weapon test by the USSR (deployable). October 31, 1961, Tsar Bomba  [11]  : Largest thermonuclear weapon ever tested, however was scaled down from its initial 100 Mt (mega tons) design by 50%. Important People: Robert Oppenheimer  [12]  : director of the Manhattan project, American physicist Robert Oppenheimer was responsible for collecting, coordinating, and leading the team that developed and detonated the first atomic bomb. Klaus Fuchs  [13]  : German physicist, and Communist Party member, was employed by the United Kingdom atomic energy program during World War II, and was sent to work on the Manhattan Project at Los Alamos. Theodore Hall  [14]  : was an American physicist and an atomic spy for the Soviet Union, who, during his work on US efforts to develop the first atomic bomb during World War II, gave a detailed description   Nikita Khrushchev  [15]  : led the Soviet Union during part of the Cold War. He served as First Secretary of the Communist Party of the Soviet Union from 1953 to 1964, and as Chairman of the Council of Ministers, or Premier, from 1958 to 1964 Theodore Roosevelt  [16]  : was the 26th President of the United States of America. Harry Truman  [17]  : was the 33rd President of the United States. Joseph Stalin  [18]  : was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. Evaluation of Sources Spartacus Educational, s. v. Nuclear Arms Race, accessed May 18, 2012, http://www.spartacus.schoolnet.co.uk/COLDnucleararms.htm Establish by John Simkin, in September 1997. Spartacus Educational website provides a series of historical encyclopedias. Entries usually include a narrative, illustrations and primary sources. The text within each entry is linked to other relevant pages in encyclopedia. In this way it is possible to research individual people and events in great detail. The sources are also hyper-linked so the student is able to find about the writer, artist, newspaper and organization that produced the material. Youtube, s.v. The Truth Game, accessed May 21, 2012, http://www.youtube.com/watch?v=wjLgbeUwK_c John Pilgers documentary which looks at world-wide propaganda surrounding the nuclear arms race. When the two American atomic bombs were dropped on Hiroshima and Nagasaki in 1945, they were code-named  Fat Man  and  Little Boy, and President Truman announced after the event:  The experiment has been an overwhelming success.  These, says Pilger,  were words used to describe the awful and horrific carnage of nuclear war. By using reassuring, even soothing language, this new kind of propaganda created acceptable images of war and the illusion that we could live securely with nuclear weapons. Analyses The origin Between the years 1941 and 1945, Robert Oppenheimer began the production of what was known at the time the Manhattan Project, the construction of a weapon that would create a fission reaction and have catastrophic affects. During this time, war time ally, the Soviet Union was weary of US actions and sent Klaus Fuchs and Theodore Hall to spy on any activity that might be considerate suspicions. What they uncovered was the Manhattan Project. Stalin was informed of the project before Theodore Roosevelts death. President Truman was in fact unknowing of the project up until his presidency. When Truman told Stalin of the atomic bomb, at the Potsdam conference, he had no idea that Soviet Union and Stalin had known about the bomb before he had. The atomic bomb was first utilized on august 6, 1945 when the bomb, code named Little Boy, was dropped on Hiroshima, Japan. Three days later on August 9 1945, President Truman gave the order to drop the bomb, code named Fat Man, on Nagasaki. The world was shocked. Oppenheimer resigned after the dropping of both bombs, having said: Now Ive become death, destroyer of worlds. Many things changed in the world after that, the county of Japan was crippled, the balance of power had been disturbed and USSR had opened its eyes in regards of developing nuclear weapons. US estimated that USSR would not have nuclear weapons program up and running up until later half of 1950s. This was based on the belief that there was scarcity of uranium in the world and that US had the monopoly on that. However thanks to research gathered by spies and new resources coming from the satellite states the USSR got a bomb a decade sooner than anticipated. RDS-1 was detonated by the USSR, for the second time in four years the balance was again disturbed in the world and the global panic ensued. The US and USSR spent the coming years stockpiling weapons and resources in the effort for both countries to be more prepared than the other. The Peak Developments of hydrogen enriched bomb began 1952, in November that year the US detonated the first of these (Ivy Mike). This was responded a year later with USSRs true hydrogen bomb (Joe 4). At this point in time espionage was not working for USSR and so domestic research began on new developments. During this time the goal was to fire nukes from respective countries that would be able to reach the other nations and thus the research into ICBMs (Intercontinental ballistic missiles) started. The launch of satellite Sputnik, in 1957, would prove US that USSR could launch a missile that would hit anywhere in the world. This would start the era know as space race. By the late 1950s a growing tensing between the two nations was forming, due to the idea that both the attacker and the defender will be destroyed if a nuclear war ever happened, thus the idea of MAD (mutually assured destruction) was conceived. This period spawned a lot of social change in respective countries. US started the campaign of Red Threat. Videos in schools across North America instructed children to duck and cover in case if they got attacked. The Soviet Union responded by attacking the US way of life and putting up propaganda against capitalist ideals. Nikita Khrushchev succession of Stalin, in 1953, showed much promise for a move towards peace between the two nations. Khrushchevs peaceful co-existence doctrine was however rejected by the US and forced the USSR to continue stockpiling weapons in fear of being bombed. Thou many of their weapons were more powerful than those dropped on Japan, the US began to move from kiloton bombs to megaton bombs. Castle bravo would prove to be the most powerful nuclear weapon the US would ever detonate. It was detonated on March 1, 1954 and yielded fifteen megatons of power. The thermonuclear ability of the bomb made it much more powerful than most conventional bomb at this time. However the USSR was developing a megaton bomb of their own, codenamed the Tsar Bomba (king bomb) it was nuclear weapon that held a hundred megatons of power, however due to impracticality of the bombs production and size it was reduced to half of the explosive effect. The results were still gargantuan. Tsar Bomba was detonated on October 31, 1961. It was a single most destructive force unleashed on earth by man. The End The production of nuclear weapons was a major hit to both economies, both had focused so much time, and resources, towards their projects that their economic situations were beginning to feel the heat. The US moved from anti-Soviet movement to a peace and disarmament movement. This would lead to both nations starting an era of nuclear weapon disarmament. During this period many treaties were singed to stop the production of new nuclear weapons, however the goals of the Treaties were only partially successful due to control maintained by both super powers in space. Where the treaties succeeded in limiting production, they would fail when it came to disarmament. Like many thing that year the arms race ended in 1991, with collapse of Soviet Union and mass disarmament occurred around the world. Conclusion In conclusion it can be said that nuclear arms race was a competition for supremacy in  nuclear warfare  between the  United States and the  Soviet Union to achieve dominance over the other nation as well as the production of nuclear weapons and capabilities to be able to unleashing destructive power of nuclear armaments upon the opposing nation. However this would prove useless to both sides, since both side had the capability to retaliate if the other attacked and would lead to MAD. Additionally it can be mentioned that the nuclear arms race was a way for US to keep U.S.S.R producing and spending more money to eventually win in the long run, which US did.

Roma Culture :: essays research papers

Roma Culture Romas, or Gypsy, have traveled all over the world starting from India, which is considered their origin however not proven, and ending up as far as Spain where their customs have influenced and changed modern day societies. These diasporas were not deliberate but rather forced on them due to their beliefs. Stereotypes have been created to make Romas look like thieves, which is where the phrase, â€Å"I’ve been gypped,† comes from. Gypsies were and still are easy to point out due to their dark skin and jet black hair making it easier to discriminate. They traveled to Egypt, Turkey, Romania, Hungary, Slovakia, France, and Spain looking for a place to call home, but no one would accept them. Some even persecuted and murdered them like in the Holocaust. However, what is most interesting is how their miseries and suffering have made them into one of the strongest cultures to survive so long. One of their biggest strengths is music. Without it, they might not still be here to day. Music by definition is â€Å"vocal or instrumental sounds possessing a degree of melody, harmony, or rhythm.† However, to the Roma people music is a form of identity, of beauty, of culture. The music heard from these people will tell a story, whether of their troubled past or just pure entertainment. Every person in the Roma society is familiar with or can chant the heartfelt lyrics and melodies that have been orally passed on or created as generations have come and gone. Each country and generation had a different style of music. Yet, they all put a lot of pride and work for each gathering and chant. All sorts of instruments, mostly percussion, are played by extremely talented artists. Certain attires are prepared for the dances that go with each song. The women would normally do most of the dancing. They would decorate themselves with beautiful linens and jewelry and attach thimbles and tambourines to their body. The men usually would play the instruments. Both sexes would s ing, even the little children. A key part in keeping their identity so strong is that the parents are strict on teaching their children the music and dance. Their lyrics tell stories about horrible times or hope for freedom in the end. These styles of music create a kind of passion and thrive to continue. Their music kept them alive. One of the most interesting things about the Roma society is how their music, being so sacred to them, changed other societies. Roma Culture :: essays research papers Roma Culture Romas, or Gypsy, have traveled all over the world starting from India, which is considered their origin however not proven, and ending up as far as Spain where their customs have influenced and changed modern day societies. These diasporas were not deliberate but rather forced on them due to their beliefs. Stereotypes have been created to make Romas look like thieves, which is where the phrase, â€Å"I’ve been gypped,† comes from. Gypsies were and still are easy to point out due to their dark skin and jet black hair making it easier to discriminate. They traveled to Egypt, Turkey, Romania, Hungary, Slovakia, France, and Spain looking for a place to call home, but no one would accept them. Some even persecuted and murdered them like in the Holocaust. However, what is most interesting is how their miseries and suffering have made them into one of the strongest cultures to survive so long. One of their biggest strengths is music. Without it, they might not still be here to day. Music by definition is â€Å"vocal or instrumental sounds possessing a degree of melody, harmony, or rhythm.† However, to the Roma people music is a form of identity, of beauty, of culture. The music heard from these people will tell a story, whether of their troubled past or just pure entertainment. Every person in the Roma society is familiar with or can chant the heartfelt lyrics and melodies that have been orally passed on or created as generations have come and gone. Each country and generation had a different style of music. Yet, they all put a lot of pride and work for each gathering and chant. All sorts of instruments, mostly percussion, are played by extremely talented artists. Certain attires are prepared for the dances that go with each song. The women would normally do most of the dancing. They would decorate themselves with beautiful linens and jewelry and attach thimbles and tambourines to their body. The men usually would play the instruments. Both sexes would s ing, even the little children. A key part in keeping their identity so strong is that the parents are strict on teaching their children the music and dance. Their lyrics tell stories about horrible times or hope for freedom in the end. These styles of music create a kind of passion and thrive to continue. Their music kept them alive. One of the most interesting things about the Roma society is how their music, being so sacred to them, changed other societies.

Ethical Dilemma in Glengarry Glen Ross

Nietzsche’s claim that God is dead arouses interesting questions not only on what or who killed God but also on how human society, devoid of the long-held comfort of the polarity of ethical and moral grounds, would formulate judgements of what is real, good, or beautiful in their lives and in the world. The moral and ethical contradiction of a world where Truth does not exist is shown in the movie Glengarry Glen Rose which is an exploration of the motivations and impetus of individuals in a society where the duality good and evil have ceased to become the standards.Arguably, the film portrays the ethical dilemma in a postmodern world, notably posed by Nietzsche, who observed that the demise of the notion of absolute Truth is a double-edged sword for society. This is because the lack of clearcut and universally held concepts of what is right or wrong, while at first seems to connote freedom,   ultimately leaves a void that leads to human despair and nihilistic feelings.Adapte d for the big screen from a play written by the movie’s director David Mamet (1992), Glengarry Glen Ross follows two days in the lives of four real estate agents who face a bleak future if they do not close a deal soon. These characters, played by a veteran and brilliant cast which includes Al Pacino (Ricky Roma), Jack Lemmon (Shelley Levene), Ed Harris (Dave Moss), and Alan Arkin (George Aaronow), are told point blank by company representative Blake (Alec Baldwin) that the company will fire every salesman except for the top two within one week.The agents, desperate to retain their jobs and continue to earn a living, commit actions that raise questions and at the same time comments on how far human beings in today’s society would go to preserve themselves and attain their materialistic dreams. In a couple of days, the characters become involved in a series of events that show how human culture has tremendously suffered from the lack of ethical and moral considerations. Apart from capturing the apparent decay in human culture, the film is particularly concerned about the motives and assumptions that drive each sales agent’s actions and how these motives often result in clashing interests. This is evident in how the themes of truth, status, and identity are tackled based on the feelings, thoughts, and actions of the characters in the film. For instance, Blake’s character as a ruthless and unfeeling company representative is clearly intended to parody the attitude of big business when it comes to ensuring a healthy bottom line, which is clearly against the interest of its workers.On the other hand, these workers—or salespeople—are depicted as similar to Blake himself in terms of cruelty and lack of humanity. Ricky Roma, for instance, is later shown to be a heartless soul who takes advantage of the weaknesses of others to advance his objectives. Shelley Levene likewise resorts to thievery in order to close a sale and exact vengeance on his perceived enemies. In the end, Blake’s character with its apparent inhumanity becomes less despicable as the frailties and weaknesses of other characters are exposed. Ironically, the audience is led to feel pity for such human weakness instead of being led to feel righteous. This is because the film attempts to evoke empathy in its viewers for characters who are, alas, as human as the viewers are and whose justifications for â€Å"wrongdoing† resonate with the audience.Arguably, the narrative of the movie itself is a statement against the ethics—or the lack of it—of the four real estate agents. In this sense, Glengarry Glen Ross delivers a stinging critique of how society’s sense of ethics and even the sense of morality have been replaced by materialistic desires. The story of the four salesmen, desperate and â€Å"immoral,† mirrors the realities faced by individuals in their quest for personal success and a higher social st atus and how this quest, ironically, often results to the further debasement of the humanity in the individual.The film, in fact, is full of such play at irony that depicts how people’s worth are not judged by society based on how â€Å"good† they live their lives but on the number of material things they possess. In this social order, humans are segregated by their class, ethnic identity, and gender which determine their ability or their eligibility for access to basic and higher needs. The film’s narrative itself, which revolves around real estate agents trying to sell dirt in its figurative and literal meaning, alludes to the way in which humans are not anymore concerned with telling the truth or with earning a living through honest ways or at least, without causing the ruin of others. Apparently, today’s world has gone beyond being immoral or corrupted to being amoral or lacking in moral standards itself.Thus, the ethical dilemma raised by the film re flects Nietzsche’s argument on the death of God, referring to the demise of society’s dualist notion of good or evil. With this death, everything that humans have come to believe in becomes subject to doubt as truth falters in its absolute hold on consciousness. In this society, even the realities of human experience—the entire spectrum of feelings and thoughts—can be questioned and examined for their validity. Human acts are therefore defined not by their conformity with accepted norms or intrinsic values but by the circumstance surrounding them. This circumstance, in turn, becomes the standard by which an act becomes socially acceptable.In Glengarry Glen Ross, the death of universal values and norms for what is good or evil meant that ethical considerations were dispensable and were useful only when the need arises. Ricky Roma’s character, for instance, engages in a monologue—which is later revealed to be a sales pitch—that shows ho w society and individuals have suspended all forms of judgement in favor of individuality. Accordingly, Roma’s speech, which deals with stealing, cheating, and even pedophilia in a nonchalant manner, is a tell-tale sign of the central argument made in the film: that the death of absolute Truth has entailed the death of things once cherished by humans such as the concept of love and goodness.According to Nietzsche, this has created a void in individuals who felt lost without the ethical values and concept of morality that served to anchor their lives. Instead, these ethical ideals such as Truth, were replaced by the notion that there was a multiplicity of truth depending on how these benefitted society or the individual. Ultimately, however, Nietzsche points out that this loss of a sense of ethics and morality also leads, for many individuals, to lose their sense of meaning and to despair. Thus, loneliness and desperation is pervasive in Glengarry Glen Ross; for how could men engaged in crafting lies to their fellow humans in order to earn a living be able to live truly meaningful lives?It is therefore in portraying the ruthless and callous ways with which human beings act in a system dominated by materialistic notions of success and happiness, that Glengarry Glen Ross succeeds at brutally dissecting individual motivations and actions based on Nietzsche’s philosophy. Consequently, the film is able to provoke retrospection on what has become a reality for many individuals in a materialistic society, and to evoke the decision of whether this is a reality that is worth maintaining for the long term or one that needs to be transformed and changed to affirm the meaning of human life.Work Cited:Glengarry Glen Ross. Dir. David Mamet. Perf. Jack Lemmon, Al Pacino, Ed Harris, Alec Baldwin, Alan Arkin, and Kevin Spacey. New Line Cinema, 1992.

Death of a Hired Man

Subject Matter The subject matter of the poem is of a couple that live on a farm. Mary is sat waiting for Warren to arrive home. When she sees him she tells him that Silas is back. The two start talking about Silas and Mary tells Warren how worn out he looks. They talk about how he used to work on the farm and the boy that used to work with him, who is now a scholar to Silas's dislike. Mary then tell warren that Silas has come here to die and how he sees this place as his home. Warren mentions Silas rich brother and how Silas wont go to see him because of his pride.Warren goes inside to how Silas is doing and when he returns out side he tell Mary that he is dead. Themes The themes that are present in this poem is life as well as death, Family & Friendship, Home and belonging. Life & Death The sense of death is set when Mary says â€Å"he has come home to die:/ you needn't be afraid he'll leave you this time† and the couple start to reminisce of Silas's life and the things that he used to do. Character Development Mary’s character is shown us from the first line.Although the day has been busy—busy enough that she and her husband had to go their separate ways to get everything done, with Warren returning from the market at or after dark, Mary just waits at the table, being close to Silas should he wake up, but not occupied with end-of-day tasks such that she might miss the sound of Warren’s approach. She does not dare miss Warren at the door, and prepare him for what he will find in the kitchen. Mary is a mixture of kindness, firmness, and resolve. She advises her husband to â€Å"Be kind† then â€Å"you mustn’t laugh at him† and then â€Å"Go look. See for yourself. Yet she only does this after she has softened Warren’s hard crust. She is concerned that Warren will hurt Silas’ feelings. She dragged Silas into the house, gave him tea, tried to make him smoke, urges him to talk about his situation. Sh e is comforting to the wayward worker. And his sorry condition â€Å"hurt [her] heart the way he lay/ And rolled his old head on that sharp-edged chair-back. † Yet, she is firm and resolved. Before Warren ever gets home and gives her consent, she has fed and entertained Silas, and made up a bed for him. She seems fairly certain that she can convince Warren that Silas must stay.Yet, she also trusts her man. While he has that crust she must break through, she allows him time alone with Silas and seems sure that Warren will do the right and charitable thing. Warren's Character Warren’s Character Contrasts with Mary’s in â€Å"The Death of the Hired Man† Warren returns from the market, probably at late twilight, expecting to find dinner on the table, and instead finds the next-to-worthless Silas returned, in the dead of winter, at a time when farm hands are not really needed. He hears that Silas plans to â€Å"ditch the meadow† this time, something tha t apparently has come between them before.Warren sees himself as a kind man. He has put up with Silas in times past, perhaps for several seasons. The words imply several cycles of hiring, leaving for better wages or for whatever, return in the off-season, and re-hiring. Warren, rather than interfere when Silas argued the value of education with the young farm hand working a summer while in college, stayed â€Å"well out of earshot† and let them argue. He has been kind. Yet he is cynical. He smiled at Mary’s description of Silas as â€Å"a miserable sight,† drawing from her a mild rebuke. Will Silas really work this time?Mary describes his condition as poor, and thinks he might be past his working days. Warren disputes that sight unseen. If Silas is to stay with them he is to work for his keep. Warren is not uncharitable; he just believes Silas' brother, whom he thinks is well-to-do, should be the one to provide care. Silas, the Unreliable Hired Man Although Sila s never speaks in this poem, much is revealed about him. He has a disdain for learning. He has trouble staying with a job when he thinks he can make more money elsewhere. He takes advantage of peak labor times to sell himself to the highest bidder.He makes promises he cannot keep, such as â€Å"ditching the meadow. † This is a curious phrase. What does it mean? Is the meadow poorly drained and in need of having some ditches cut—hard, backbreaking labor? If so, it appears Silas abandoned Warren and Mary when they needed him most. Or is this some kind of useless task that Silas thought needed doing but which Warren had no intention of paying for? Either way, although it is a point of contention between the farm couple and the laborer, the fact that Silas is fixated on it declares his stubbornness.Conflict Handled Through Words and Actions, not Telling The conflict between Warren and Mary reaches a peak when Mary says, â€Å"he has come home to die,† and Warren say s, â€Å"Home is the place where, when you have to go there, they have to take you in. † Mary seems to bristle at this and gives a sharp reply: â€Å"I should have called it/ Something you somehow haven’t to deserve. † What does this mean? Is it a generic description of home, that no one has to do something to deserve what should be theirs?Or is she saying that Warren is not deserving of the home he has, a stronger statement? The conflict is sharp enough that Warren leaves the front steps and does something meaningless: he walks a few feet, picks up a small stick, brings it back to the steps, breaks it, and throws the parts away. He seems to be doing something physical as a means of breaking the tension with his wife. The poem ends with the three main characters well developed, mostly through dialog but also through a minimum of actions. Much can be learned about them in these few lines excellently crafted.

Benito Juarez vs. Abraham Linc essays

Benito Juarez vs. Abraham Linc essays It is nearly undisputed that Abraham Lincoln was the United States greatest president, and because of this other historians have described the greatest leaders of other nations as Lincolns. Clemenceau is noticed as the Lincoln of France, but amidst his passionate politics, a scandal arose with his Panama financial accounts, tarnishing his record forever. Churchill is considered the Lincoln of England whom was an implacable foe of Nazism, but still managed to hold huge prejudices exemplified in his description of Mahandas Gandhi-a half-naked fakir. In a way, yes. Both leaders presided over their nations in time of war and both showed the steadfastness and courage to survive periods of crisis and early defeat. But there the resemblance ends. Clemenceau, a fiery journalist-politician known as "the Tiger," passionately defended Dreyfus but at the same time broke strikes and was tainted by the Panama financial scandal. Churchill, implacable foe of Nazism, was still sufficiently imbued with prejudices of race and class that he could call Mohandas Gandhi a "half-naked fakir." There is but one other man who can be classified as a true Lincoln, that man is Benito Jaurez, President of Mexico. Skin deep the two men seem quite different, Juarez was short and stocky-a full blooded Indian; while Lincoln was tall, angular and of the old American stock. Beneath the skin, we find two men who could very well be the same. Lincoln lived between 1809 and 1865, while Juarez was born three years earlier and lived seven years later. Both men were born and raised poor, supporting themselves in any manner possible, its not suprising then, that both men valued political power over riches. Both felt schooling was important and felt a study in law was the best preparation for political careers. Neither Lincoln nor Juarez could rely on their looks to get them anywhere, so they compensated for their lack of godliness ...

Dog Whistles, Whistle-Blowers, and Whistle-Stop Tours

Dog Whistles, Whistle-Blowers, and Whistle-Stop Tours Dog Whistles, Whistle-Blowers, and Whistle-Stop Tours Dog Whistles, Whistle-Blowers, and Whistle-Stop Tours By Mark Nichol Several idioms based on the word whistle are associated with politics. This post discusses the origins and meaning of â€Å"dog whistle,† whistle-blower, and â€Å"whistle-stop tours.† A dog whistle is any one of various devices that emits a high-pitched sound audible to canines but out of the range of human hearing that is used to train and summon dogs. In a political context, however, â€Å"dog whistle† has a pejorative connotation; the analogy is of a word or phrase that has a given literal meaning but also has a subtext to it that means something else to certain audiences. For example, in certain contexts, the invocation of the phrase â€Å"states’ rights† in assertions of the right of states in the United States to determine their own laws and policies without interference from the federal government is said to mask tacit advocacy of the perpetuation of racism. Meanwhile, a whistle-blower is someone who exposes a secret or an act of wrongdoing at a government agency or in a business or organization, with the notion that the person calls attention to something as if he or she were a referee at a sports event alerting athletes to halt play because of a penalty (or had blown a whistle to summon help in an emergency). Whistle-blowers, especially employees who publicize an entity’s crimes or unethical behavior, have risked termination, litigation, and threats of physical harm, and laws have been passed to protect them from such forms of retribution. A whistle-stop tour, traditionally, is a form of travel in which tourists make multiple brief stops at various sites; the phrase dates from the nineteenth century, when trains were a dominant mode of travel. It is, however, also associated with political campaigns: A train carrying a candidate would halt briefly in turn at numerous small-town stations, and the train’s whistle would alert residents of its arrival, at which point the candidate would give a speech to those who gathered. The term is still used, albeit figuratively, to describe a stop, often at a public venue, along the campaign trail at which a candidate will give a speech and meet supporters. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Fly, Flew, (has) FlownFlied?3 Types of HeadingsPersonification vs. Anthropomorphism

20 More Smothered Verbs Set Free

20 More Smothered Verbs Set Free 20 More Smothered Verbs Set Free 20 More Smothered Verbs Set Free By Mark Nichol In the interests of trying to help prevent the smothering deaths of countless sentences, here’s a public-service announcement about how to avoid this senseless tragedy: If a noun phrase (verb plus preposition plus article plus noun, though variations are frequent) can be condensed by converting the noun to a verb and deleting the other words in the phrase, do it. It’s easy enough to write a sentence with a smothered verb I did it myself in a post last week (â€Å"The strategy has been a failure in reducing costs† is easily reduced to â€Å"The strategy failed to reduce costs.†) We’re likely to employ such sentence-stretching strategies in speech, but in writing, we have the opportunity to that is, we can make amends. Here are more examples: 1. See example above. 2. â€Å"The latter conclusion provides an example of the combination of risk factors at different levels.† â€Å"The latter conclusion exemplifies the combination of risk factors at different levels.† 3. â€Å"Call a stop to (or â€Å"put a stop to†) this nonsense.† â€Å"Stop this nonsense.† 4. â€Å"I’m glad they’ve come to an agreement.† â€Å"I’m glad they agree.† 5. â€Å"We’re here to conduct an investigation.† â€Å"We’re here to investigate.† 6. â€Å"They decided to conduct a review.† â€Å"They conducted a review.† (The original version is valid, however, if the review has not yet been conducted.) 7. â€Å"She conducted experiments into tearing the fabric of the space-time continuum.† â€Å"She experimented with tearing the fabric of the space-time continuum.† 8. â€Å"I’d like to extend an invitation for you to attend.† â€Å"I’d like to invite you to attend.† (Or, even more directly, â€Å"I invite you to attend.†) 9. â€Å"He didn’t give an indication of his plans.† â€Å"He didn’t indicate his plans.† 10. â€Å"They agreed to give consideration to his proposal.† â€Å"They considered his proposal.† 11. â€Å"I had a discussion with her about that very issue.† â€Å"I discussed that very issue with her.† 12. â€Å"We have a tendency to get carried away sometimes.† â€Å"We tend to get carried away sometimes.† (Or, even more directly, â€Å"We get carried away sometimes.†) 13. â€Å"Will the new policy have an effect on our procedures?† â€Å"Will the new policy affect our procedures?† 14. â€Å"They plan to hold a conference (or meeting) about the issue soon.† â€Å"They plan to confer (or meet) about the issue soon.† (Or â€Å"They will confer (or meet) about the issue soon,† though the meaning is slightly different.) 15. â€Å"The president is expected to make a statement about his opposition to the proposal later today.† â€Å"The president is expected to state his opposition to the proposal later today.† (The meaning is not identical, but the condensed sentence is valid.) 16. â€Å"I will make (or undertake) an examination of the premises immediately.† â€Å"I will examine the premises immediately.† 17. â€Å"The committee will perform an assessment of the situation.† â€Å"The committee will assess the situation.† 18. â€Å"We expect to realize a substantial savings.† â€Å"We expect to save substantially.† 19. â€Å"She stated with confidence that she will win by a landslide.† â€Å"She is confident that she will win by a landslide.† 20. â€Å"Are you interested in submitting an application?† â€Å"Are you interested in applying?† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Coordinating vs. Subordinating ConjunctionsWhenever vs. When EverOppose and Opposed To

Cultural Homogenization and the Internet Essay Example | Topics and Well Written Essays - 1000 words

Cultural Homogenization and the Internet - Essay Example Homogenization means being similar and parallel to the other thing. The term cultural homogenization is a relatively new term as it has evolved recently. The world we live in today is becoming more of a global village. This means that with the ever changing technology, it is shrinking as means of communication with each other, no matter how far apart, are becoming faster than ever before. Cultural homogenization is the blending of cultures as they become more related to each other and their uniqueness is being reduced. We are going towards forming a more global culture as new traditions, ideas, and values will be formed which align in a better way with the global arena of today. Another unique point of this new culture will be that, unlike the old individual cultures, this global culture will dominate many societies and might even be recognized as the super culture. Internet is a worldwide connection of computers that allows man to communicate with each other more faster and has crea ted many changes in the society. It was developed in the 1960’s but it gained popularity and momentum in the 1990’s when the worldwide web was developed. After that there was an explosion of people who were ready for the vast world that was opened to them. Now people could access information about anything and any part of the world. It allowed for the advancement, exploration, and the quenching of the thirst for knowledge for scientists, researchers and people across the globe. Some of the effects that the internet has had on the global culture are that now different countries are able to advance, as getting education is much easier and faster because of the advancements in technology. It has been discovered that internet is used more for education rather than for entertainment purposes. Therefore, when people have more education the country is able to progress at a rapid rate. The internet has affected the global culture in a way that marketing and sales transactions are easier. The marketers have new ways and methods for advertising their products without any geographical limitations. They post anything on the internet and within seconds, the entire world is able to look at it. This leads to a growth in businesses and ultimately to the growth of economies around the world. Now businesses can run on the internet solely and worldwide organizations are able to advance. One advantage that the internet has provided to the people across the world is that they can study the cultures, which are different from theirs. Prior to this, the people either had to travel all the way to the place to find out the culture or had to read a book. With internet, this can be done merely in seconds and people can get knowledge about the culture of a certain country before going there or before conducting business transactions with the people of that country. This will give them information on the cultural sensitivities so that they do not offend anyone by mistake. Wit h all these advancements taking place and people regularly getting similar information, a global view of the world is being formed in which people around the globe have a similar perspective on the different aspects of life, for instance, people’s acceptance to greater diversity. This happens when people like the culture of a different country and out of their own

How does the loss of Kates parents affect Kates values and faith Essay

How does the loss of Kates parents affect Kates values and faith - Essay Example However, this passion for learning is matched by an equally strong iron clad sense of duty. This is the conflict that plays out in Kate’s brother Matt’s life where his sense of duty clashes with his love of learning and aborts his plans in the academic field. As a result, it is Kate who goes on to acquire the learning and become a biologist at Toronto – it is Kate who has the chance to spread her wings and leave Crow Lake, which leaves her with a strong feeling of guilt, since it was her brother Matt who should have been the one to achieve that. It was her brother Matt who was the real scholar of the family, who had a bright future before him as an academic, however the death of their parents forces him to take up farming jobs that ultimately makes him sacrifice his literary aspirations in order to end up becoming a menial farmer. While learning has been the valued goal in the family, the death of their parents is a tragic event for the four brothers and sisters. It is especially difficult for Kate to reconcile her bitterness and inner trauma at the death of her parents, because she feels that it is the direct cause that brought hardship on the family and made it difficult for Matt to be able to pursue his education. The suddenness of the event is a feature that adds to the trauma and shock that Kate feels at the death of her parents. She provides a foretaste of the ominous nature of the day as follows:â€Å"But for our family, there was an event that summer catastrophic enough to be the start of practically everything.† (Lawson 6). This catastrophic event she refers to is none other than her parents’ death, which ironically occurs just after the family has received some glad news. The eldest brother Luke has been accepted as a teacher at a nearby town and this is not only a joyful event but also a surprising one, because it is Matt who is the intelligent one of the family, acknowledged as the one to follow in the footsteps of

Term Paper, Project Management Assignment Example | Topics and Well Written Essays - 1750 words

Term Paper, Project Management - Assignment Example 2. Usage - Mostly done as a preliminary method of finding out information with regards to the interaction between the environmental stressors or risk agents and the target population, communities, or sites (US EPA, 2012a). 3. How it is conducted - The EPA uses a four-step method which consists of the following: data collection and evaluation; exposure assessment; toxicity assessment; and risk characterization (US EPA, 2012a). Data collection and evaluation aims to gather as much information from the site as possible, such as collecting samples and identifying the presence of stressors such as chemicals in the surroundings. After sufficient data has been gathered and analyzed, exposure and toxicity assessments are done next. Exposure assessment is done in order to analyze the contaminants released, to identify the populations exposed and how these stressors reached them, as well as estimating both the concentrations and intakes using various pathways by which the stressors were able t o reach the studied target areas or populations. The toxicity assessment deals with further quantitative and qualitative studies on the stressors such as performing tests that determine the toxicity levels of contaminants. Lastly, risk characterizations list the sum total possible effects of these contaminants to both the environment and the people such as the potentiality to cause chronic or acute diseases. Also, the probabilities and uncertainties of how these contaminants can reach people are summarized in order to aid future risk assessments to be done in later areas (US EPA, 2012a). 4. Comparison to other kinds of assessments – Baseline risk assessment is the most basic but generalized method of analyzing the current condition of target locations and populations. While it shares many characteristics such as the use of scientific methods in the conduct of other kinds of assessments, it is also the foundation for other kinds of analyses to be conducted in the future, espec ially with the larger areas of study and necessary information. There is also a greater need to incorporate as much information from the areas or sites as possible since these are the levels by which future prediction models will be based on, and will be constantly relied on in succeeding area or population analyses. Thus, in order to create accurate models and risk assessments for each site, the baseline risk assessment must be carefully and thoroughly conducted to prevent future miscalculations and assure that there is appropriate risk-management in these areas (US EPA, 2012a). Comparative Risk Assessment 1. Definition – It is a kind of assessment method wherein the ranking of various effects in importance or relevance are established into a scale which, while not exactly designed to work on a single measuring unit or scale, is quite functional in approximating the effects or consequences of such stressors based on location and population (US EPA, 2006). 2. Usage - The EPA use comparative risk assessments in a way that various risks or important points are referred to and then compared to the approximated scale so as to assist risk assessors in weighing the appropriate measures in accordance to the presence or identity of the risks involved (US EPA, 2006). Such

Russia culture 1 Essay Example | Topics and Well Written Essays - 500 words

Russia culture 1 - Essay Example They mostly operate an autocratic management style whereby the leader has more power than committees. Their mode of communication in business is very formal. Russia has many ethnic groups, and each individual group has their form of music. Therefore, the culture has diverse music. Their traditional music was mainly ritual folk songs and the holy music of the Orthodox Church (Rickman, Mead, and Gorer 65). In the 19th century, they developed their music and were the founders of classical music. Their music has developed over time and has been characterized with improvement in use of musical instruments The Russians believe in respect for the old people and that failure to obey them results in misfortunes. The formal greetings for males are bone-crushing handshakes, and a soft handshake implies that one is unhappy. Eye contact is valued since it is a sign of honesty between the communicating parties. Women and girls kiss three times or can hug one another. Gift giving is highly appreciated, and it is a taboo to visit other people and fail to take to them gifts or presents. The Russians are very superstitious. They believe in the evil look and do not want unknown people commenting good things about their property. They believe that carrying empty buckets or cans is a sign of bad omen. They also believe that touching their money makes it unprofitable. Russians value wedding so much and the finances to be spent are only limited to the financial ability of the families. To them, it is a big occasion and would lead to lasting enmity if a person ruined that day. The wedding dress is hidden from the male and is supposed to be a surprise to him. The value of the wedding ring defines the amount of love that the bride has for the groom (Rickman, Mead, and Gorer 85). After death, Russians wash the body and dresses it into expensive clothes. The death of the elderly is very sorrowful, and they are treated with respect on

Defining theme of The Crying of Lot 49 by Thomas Pynchon Essay

Defining theme of The Crying of Lot 49 by Thomas Pynchon - Essay Example Thomas Pynchon gives the message that nature constantly moves life from order to disorder. It is worth noting, at this level, that Pynchon publishes the book following his full knowledge of history, pop culture, and paranoia whose identity cannot be easily recognized or combined. Entropy creates a patterned system that is tight and whose progression is unavoidable. The pattern also appears chaotic in nature. Pynchon’s theme of entropy focuses on America’s movement of culture to modernism. This movement seems unstoppable because culture is not static and is representative of trends in societies other than America. Analysis Pynchon centers on entropy from the start of the novel. His introduction to the learner contains this information. Pynchon shows his dissatisfaction in the introduction by explaining that his works seem to be out of various abuses on paper. The abuse to him is overwriting. Analysis of this assertion leads to the conclusion that Thomas Pynchon deliberat ely the dislike as a stylistic device. He claims in his personal critique that writers, in most cases, develop themes for characters. In his effort to introduce entropy, Pynchon avers that characters should generate themes in the novels through their personalities. He arranges his work to flow in a way that gives rise to entropy as the main idea put across. ... Oedipa does this continuously while refining them. This is a comparison to Pynchon’s assertion that characters in novels should generate themes and the other way round (Pynchon, 1965, 51). Just as Oedipa attempts to refine the stories after testing them, the author changes literary renditions in the best way. Furthermore, Oedipa creates a mystery to the reader by finding substantial leeways through coincidence but under very odd circumstances. The mystery involves either comprehending whether life is very amorphous that actions only occur through coincidence and affect people’s live greatly or if it is so void that characters such as Oedipa begin to imagine what they can do because of availability of unlimited information. Oedipa’s quest brings out the theme of entropy. The author combines ideas from other disciplines of studies such as physics and sociology to invoke the concepts of entropy. In addition to the two disciplines, he uses philosophical phenomena to underscore the main concept. The author creates a closed world that is an equivalent of physics’ closed system where particles move in a disorderly way. People and information in Pynchon’s world move in the same way towards entropy. In the continuation of his metaphor, Oedipa moves to correct the disorder from the ugly situations in the closed system. Considering the fact that she develops a closed world, it is difficult to understand whether Oedipa will succeed in her efforts or it is a process in futility. If she succeeds, then she will put truths in a world full of controversies. However, if she fails, she will have faced the normal actions of the world where it

The Battle of Guadalcanal Term Paper Example | Topics and Well Written Essays - 1250 words

The Battle of Guadalcanal - Term Paper Example However, by August 1942, the American marines landed on the Guadalcanal’s northern beaches after the firing of Navy ships ahead of them. About three months later, the Marine managed to secure the airfield, as well as about six miles wide on the beach section (Braun and Alexander 232). This paper thereby drills deep into the Battle of Guadalcanal, its operations, and scrutinizes the Allied and Japanese leadership during the war. Allied forces, predominantly from America, landed on Guadalcanal by 7th August 1942, seizing an airfield that had been under construction by the Japanese military- the airfield was later named as Henderson Field (Coggan 162). Subsequently, several attempts and efforts made by the Japanese Imperial Navy and Army tremendously failed as they used ships to deliver reinforcements to Guadalcanal, with a sole aim of recapturing the airfield. By early November, 1942, Japanese military organized a transport convoy that would take about seven thousand infantry tr oops and equipment to the island of Guadalcanal- their core intent being to make an attempt once again, which would aid their struggle to retake the airfield. According to Braun and Alexander, lots of Japanese warships and forces were allotted to attack the Henderson Field with a central aim of destroying Allied aircrafts, which posed threats to their convoy (248). After observing and learning the Japanese efforts of reinforcement and retake, the United States military forces launched warship and aircraft combats in order to defend the Henderson Fields, and hence prevent or bar the Japanese navy and ground troops from nearing the Guadalcanal area. Braun and Alexander reveals that for strategic purposes, the possession of an airfield or airbase within Guadalcanal was vital to the control of sea-line-communications between Australia and the United States (241).

Defining theme of The Crying of Lot 49 by Thomas Pynchon Essay

Defining theme of The Crying of Lot 49 by Thomas Pynchon - Essay Example Thomas Pynchon gives the message that nature constantly moves life from order to disorder. It is worth noting, at this level, that Pynchon publishes the book following his full knowledge of history, pop culture, and paranoia whose identity cannot be easily recognized or combined. Entropy creates a patterned system that is tight and whose progression is unavoidable. The pattern also appears chaotic in nature. Pynchon’s theme of entropy focuses on America’s movement of culture to modernism. This movement seems unstoppable because culture is not static and is representative of trends in societies other than America. Analysis Pynchon centers on entropy from the start of the novel. His introduction to the learner contains this information. Pynchon shows his dissatisfaction in the introduction by explaining that his works seem to be out of various abuses on paper. The abuse to him is overwriting. Analysis of this assertion leads to the conclusion that Thomas Pynchon deliberat ely the dislike as a stylistic device. He claims in his personal critique that writers, in most cases, develop themes for characters. In his effort to introduce entropy, Pynchon avers that characters should generate themes in the novels through their personalities. He arranges his work to flow in a way that gives rise to entropy as the main idea put across. ... Oedipa does this continuously while refining them. This is a comparison to Pynchon’s assertion that characters in novels should generate themes and the other way round (Pynchon, 1965, 51). Just as Oedipa attempts to refine the stories after testing them, the author changes literary renditions in the best way. Furthermore, Oedipa creates a mystery to the reader by finding substantial leeways through coincidence but under very odd circumstances. The mystery involves either comprehending whether life is very amorphous that actions only occur through coincidence and affect people’s live greatly or if it is so void that characters such as Oedipa begin to imagine what they can do because of availability of unlimited information. Oedipa’s quest brings out the theme of entropy. The author combines ideas from other disciplines of studies such as physics and sociology to invoke the concepts of entropy. In addition to the two disciplines, he uses philosophical phenomena to underscore the main concept. The author creates a closed world that is an equivalent of physics’ closed system where particles move in a disorderly way. People and information in Pynchon’s world move in the same way towards entropy. In the continuation of his metaphor, Oedipa moves to correct the disorder from the ugly situations in the closed system. Considering the fact that she develops a closed world, it is difficult to understand whether Oedipa will succeed in her efforts or it is a process in futility. If she succeeds, then she will put truths in a world full of controversies. However, if she fails, she will have faced the normal actions of the world where it

Different Thinking Between Generations Essay Example for Free

Different Thinking Between Generations Essay Young people usually think differently than older people. Each generation doesn’t think the same way in their values, their goals, their fears, or their hopes. I always have to argue with my parents when we have different thinking. It seems that older people always think negatively about young people’s ideas. They don’t want to change because they have never experienced those ideas in their young life. I sometimes feel uncomfortable and misunderstand my parents’ thinking. In my idea, each generation has their own thinking about the subject as living together without marriage, studying at school, and living style. Older people are very strict about the topic: living together without marriage, but young people think that is the way to find out the best spouse for their life. For example, a woman was punished if she was caught that living with a man who wasn’t her husband. My parents think that is the bad girl. Everybody stayed away from her because she did the worst things ever in the social’ standards. Now is different because I think that is normal. Most of my friends are living with their boy/girl-friends in the same house nowadays. In the modern world, young people are more concentrating on finding their perfect half, so they live together before getting married to know each other well. I heard most couples were getting married with people arranged for them in the past. Now, we have freedom in thinking, so young people want to find their best spouses more than living with the person arranged from their parents. The difference in thinking about this subject always makes me to f eel argumentative with my parents. In the past, older people concentrated on studying at school, but young people don’t think they will successful in future by going to school only. For example, my parents and I always have differences in thinking about my studying. They always want me to finish my college quickly and get good grades to find a good job. I tried to convince them that most companies nowadays require more experience than a degree from college. I know the importance of getting business degree which will give me a shot to apply for a large corporation. If I don’t have any experiences in business, I can’t pass the job interview even I have good grade at school. In my parents’ time, the economy was stable and developed, so most of the companies wanted to hire more people. They cared about quantity more than quality, so they didn’t put many requirements for hiring employers. Now, time changes because the economic is going down to the lowest level. All of the companies are hiring only experienced and skilled employers. That is the reason for me to work and study half and half. My parents don’t realize that and they keep expecting me to finish my study to get a job. That is their only thinking, and we always have a fight every time when my parents talk about this subject, because of the difference in thinking between my parents and me. The biggest difference between young people and older people is living style. My parents and I have different thinking about using money for living. In my parents’ past, my country had a war and has just gotten independence since 1975. Everybody was poor and starveling, my parents worked hard to earn money when they were very young. They learnt that saving money is very important because they needed to survive during the country’s hard time. At my time, the country is developing and the society was improved. People make more money than before, but my parents still keep their own thinking that they should save money as much as they can. When I spend money on shopping, hanging out, or playing games, they blame me that I am wasting money. I explained many times that the country is developing, and my parents should spend more money to enjoy their life. They don’t think that is good idea and keep saying to me that I need to save money. In contrast, each generation has difference in thinking from each other in any subject. My parents always remind me to get a good wife and shouldn’t live with other girls if I don’t plan to marry her. They usually complain me that I should study hard and finish my study, and they often warn me to save money. In my opinion, I think differently because my parents’ thoughts are no longer suitable to the modern world.

Buffy The Vampire Slayer Analysis Essay

Buffy The Vampire Slayer Analysis Essay With reference to one or two episodes of Buffy The Vampire Slayer studied in class, explain how the series encourages the viewer to question assumptions about high and low culture and/or television as a form of popular culture. You may wish to consider issues of genre, authorship and gender. Vampires are widely known for their slick back black hair, fanged teeth and black and red capes; however, in the television show Buffy the Vampire Slayer these traditions have made different way for female fighters and ghoulish monsters. We each have our own different thoughts about what and who vampires are, but the media use their power on public to create a strong image of what are vampires should look like and have endorsed traditions believed for many years. In order to maximise viewing figure, the producers of Buffy the Vampire Slayer have made a good mix of the horror genre and the typical, classical American high school show. This mixture of different genres is suitable for many different class or age groups and tastes. The first episode is titled Welcome to Hellmouth this name is an oxymoron as it uses words that express good and bad. The build up to the episode shows a young couple breaking into the school through a window in the science lab. This action not only ads tension but also shows a link between science and the supernatural, something that has been talked about for hundreds of years. The woman turns into a green hideous monster and kills that boy. This is very rare for a vampire tale as traditionally vampires did not look like monsters and also they only attacked defenseless females. The episode starts properly when Buffy Summers, a 16 years old girl moves to Sunnydale, from LA with her mother. This is not the setting that the audience would expect for a vampire story as the word Sunnydale hardly paints a picture of a dark, horror place full of vampires. Therefore, this name subverts the traditional signifiers. On the first day of school, the popular girl named Cordelia inducts Buffy into the cool crowd, Buffy attempts to be friends with three other students,Willow, Xander and Jesse. This gesture shows us that Buffy is a good judge of character, strong minded and that she is a leader not a follower. Buffy goes to the school library to get some text books. The library, although a more unusual setting was much more like something from a vampire story, it was dark and empty. To add tension the producers used scary disjointed music to try and set the scene and the camera moves in onto a newspaper article, to which you can read the headline which refers to a missing teenage boy. This article casts a question mark over the normal nice Sunnydale. Then a figure appears behind Buffy, it is Buffys new watcher and the new school librarian,Giles. He brings a book with Vampyr on the cover and scares Buffy off. This endorses the old traditions as the book was old, and full of cobwebs, possibly to add more mystery to this section. The spelling Vampyr again highlights the books age and tries to make it look even more strange, this also brings more history and tradition into the episode, two elements that are important to any gothic style story. The show seems to take a different twist when a dead body is found in the school changing rooms. It is unusual that the body was discovered in the school and another good point to note is that the victim was a man, which is unusual for a vampire story, as traditionally the victims were all defenseless females. Buffy to investigate and found the body was killed by vampires. At home, Buffy prepares for her night out to the Bronze, Sunnydales only night club. Her mum thinks that everything is going to work out in Sunnydale and that they will be able to have a happy life there. It is very ironic as Buffy knows that bad things are just around the corner and also this shows that her mother is unaware that she is a vampire slayer. On her way to the Bronze, Buffy senses she is being followed and heads into an alleyway. A tall young man comes out of the shadows searching for her. She swings down from a bar above him and knocks him to the ground. He claims not to bite and that he just wants to help her. This section endorses up to the point where Buffy swings down and attacks the man. He warns her of the Harvest and tells her about the Hellmouth. This name paints a bad picture in the audiences minds and it is the total opposite to Sunnydale. Later at the Bronze, Buffy chats with Willow about boys. She tries to inspire Willow to stop waiting and to seize the day. Buffy spots Giles upstairs and goes up to talk to him. He continues to tell her she is the Slayer and has no choice in the matter. At first the setting for this scene may seem to be totally radical in a vampire style story, however after thought the venue is dark and full of young potential victims so is a modern adaptation of the settings for the older tales. For example, the more traditional tales were set in a graveyard or spooky house, which was dark and the time was always in the dead of night. These characteristics can also be linked to the nightclub used in Buffy, as it too is dark and people only go to th ese clubs during the hours of darkness.The show seems to take a different twist when a dead body is found in the school changing rooms. It is unusual that the body was discovered in the school and another good point to note is that the victim was a man, which is unusual for a vampire story, as traditionally the victims were all defenseless females. Buffy to investigate and found the body was killed by vampires. At home, Buffy prepares for the night out to the Bronze, the only night club in Sunnydale. Her mum thinks that everything is going to be fine in Sunnydale and they can have a happy life there. It is very ironic as Buffy knows that bad things are just around the corner and also this shows that her mother is unaware that she is a vampire slayer. On her way to the club, Buffy senses she is being followed and heads into an alleyway. A tall young man comes out of the shadows searching for her. She swings down from a bar above him and knocks him to the ground. He claims not to bite and that he just wants to help her. This section endorses up to the point where Buffy swings down and attacks the man. He warns her of the Harvest and tells her about the Hellmouth. This name paints a bad picture in the audiences minds and it is the total opposite to Sunnydale. Later at the Bronze, Buffy chats with Willow about boys. She tries to inspire Willow to stop waiting and to seize the day. Buffy spots Giles upstairs and goes up to talk to him. He continues to tell her she is the Slayer and has no choice in the matter. At first the setting for this scene may seem to be totally radical in a vampire style story, however after thought the venue is dark and full of young potential victims so is a modern adaptation of the settings for the older tales. For example, the more traditional tales were set in a graveyard or spooky house, which was dark and the time was always in the dead of night. These characteristics can also be linked to the nightclub used in Buffy, as it too is dar k and people only go to these clubs during the hours of darkness. Buffy spots a vampire in the crowd below them and then realizes hes talking to Willow. The guy leaves with Willow as Buffy goes searching for him. She mistakenly attacks Cordelia and then pretty much ruins her chances for popularity. As Buffy leaves, she runs into Xander and asks him where Willow may have gone or else there will be one more dead body tomorrow. The vampire manages to lead Willow into the cemetery where he throws her into a tomb stone. As he tries to escape, Darla arrives with Jesse. Buffy and Xander turn up and Buffy kills one of the vampires and then fights with Darla as Xander gets Willow and Jesse out to safety. A vampire shows up and fights with Buffy. While they are fighting, Darla escapes to get Jesse, Xander and Willow. The vampire throws Buffy into a coffin where he jumps in and leans in to bite. Apart from Buffy, a female fighter, who manages to attack all the vampires single handed. This endi ng endorses the signifiers we think off when we talk about vampires. As the setting, a graveyard is the usual place for an attack in a gothic or vampire story. It is also interesting to note that the episode concludes with a cliffhanger, an unusual ending for many gothic style stories and films. As traditionally, the story finished with either the death of a victim or of the attacker. In any television programme or feature film, camera angles and effects are important as they portray certain feelings that the producers want to show to the audience, these may be something like making the audience think a character is small and weak by using a high angle shot, which looks down on the character. Or you could use the opposite effect by making a character look strong and powerful from using a low angle shot (looking up). In Buffy The Vampire Slayer they producers use one effect which is featured on several occasions. This is where a quick series of flashing images is presented to the vie wers; this technique is called a montage of images. In episode 1 this feature is used twice, in the first case, the montage is used as a title sequence and shows images that both subvert and endorse the conventions, including images of signifiers including black cats, stakes and green monsters along with modern things like female fighters. This sequence promises viewers fast pace, all action entertainment and shows clips of future episodes in order to encourage continual viewing throughout the series. The second montage is shown where Buffy is in bed dreaming at the beginning of the actual programme, after the introduction and the title sequence. This series of images is showing the audience that she is restless as there is some kind of distortion in the images, and some are not fully visible. This makes the viewers to try and understand the sequence and the majority suggest that Buffy is involved in someway with vampires or as a protector of some description. The images shown inclu de an old book which suggests the cultural history of vampires, a cross which represents Christianity and the way to kill vampires. Because of this legend, the cross points out that Buffy is a protector. Moreover, Buffy creator Joss Whedon described Buffy the Vampire Slayer as an all over the place transcending-genre kind of thing. (Stein, 2002) Well the text is mainly considered to be of the teen genre it does contain elements of the horror genre to. The fight against monsters and the idea of a patriarchal society is all central to the horror genre. The way that Buffys world is invaded by monsters, horror invades home is another shared convention between horror and BVS. However one aspect of the show that goes against the horror genre is the role of women. In previous horror texts women were weak and frightened; however BVS changes traditional genre and ideological views. Buffys embodied strength, power, and assertiveness destabilize the traditional masculinity power of the vampire character in the horror genre, in effect policing those who prey upon the feminized (Owen, 1999). Through the text femininity is conveyed as a forceful strong identity. Buffy is stronger then all the men she meets both physically and mentally. However Buffy is not empowered by past feminist movements in the text. She is empowered by herself. Indeed Karras writes that Buffy the Vampire Slayer, Buffys relationship with her mother can be understood as a metaphor for the tenuous relationship between second and third wave feminists(Karras, 2002) Buffys mother feels angry at the fact that Buffy doesnt take full use of the rights she now has to the feminist movement of the 60s. In conclusion,Buffy the Vampire Slayer as a popular culture because it provides a good blend of many aspects of both low and high cultures. It contains scenes that are scary, action packed and also offers addictive viewing like a soap opera. Buffy can be viewed by many different age groups as it seems that there is almost something for all, just the opening episode included many different styles of programming, from comedy to gothic style features. ‘Yet Buffy the Vampire Slayer’ also manages to defy convention by establishing its protagonist as an all strong, powerful willed women. Buffy as an open-image hero expose stereotypes and coded symbols that shore up a rigid war-influenced gender system in an attempt to chart new meanings for womanliness and manliness (Early, 2001) Reference list Buffy the Vampire Slayer Season 1 Episode 1 â€Å"Welcome to the Hellmouth† Owen, A. Susan. 1999. Buffy the Vampire Slayer: Vampires, postmodernity, and postfeminism. Journal Of Popular Film Television 27(2): 24-31 Irene Karras, 2002. â€Å"The Third Waves Final Girl:  Buffy the Vampire Slayer.† [http://journals.sfu.ca/thirdspace/index.php/journal/article/viewArticle/karras/50] Francis H. Early, 2001. â€Å"Staking Her Claim: Buffy the Vampire Slayeras Transgressive Woman Warrior† [http://onlinelibrary.wiley.com/doi/10.1111/j.0022-3840.2001.3503_11.x/abstract] â€Å"Chose an episode of any teen TV programme of your choice and identify the generiv conventions of this TV text.† [http://www.markedbyteachers.com/as-and-a-level/media-studies/chose-an-episode-of-any-teen-tv-programme-of-your-choice-buffy-the-vampire-slayer-and-identify-the-generic-conventions-of-this-tv-text.html]

Politicians and Poachers Essay -- Zambian Wildlife Policy, Government

In his book Politicians and Poachers, Charles Gibson analyzes the origins and effects of governmental â€Å"institutions† on Zambian wildlife policy. Keeping in mind his definition of what an institution is- it’s origins, what it does, and what it represents- one can apply his analysis to the nature of tourism. When so much of the tourist industry relies on what is seen as â€Å"authentic† and how it is determined, it is important to focus on how various institutions shape Western and local thought. Charles Gibson puts forth a definition of â€Å"institutions†, on which he bases his argument about Zambian wildlife policy. He says that, essentially, they are the result of â€Å"voluntary exchanges between relatively equal actors who are seeking mutually welfare-enhancing outcomes† . This definition is rather broad; it includes almost any organization with a common goal. However, Gibson narrows this too a more self-serving sense, saying that in addition an institution â€Å"features individuals†¦who seek to†¦augment their private well-being, not society’s†(Gibson 11). Moreover, they seek to â€Å"protect their streams of benefit from uncertainty† (Gibson 11). Therefore, a definition that once included any and all groups of people is now limited to a collection of people who not only seek to further and protect their own gains, but those who do so with only themselves in mind. Such an institution, according to Gibson’s definition, can prove to be very problematic, especially in a political realm. A leader of any sort, in office through election or use of force, who adheres to this sort of government institution, can do little to no good for their country. Such an institution does not have to stem from an individual; â€Å"weaker groups could agree to instit... ...ups of Kenya are equally valued†. This performance is not meant for foreigners; it is â€Å"an ethnic theme park for domestic tourists† (Bruner, Gmelch 209). Those cultural institutions that seem farfetched or overproduced are less likely to be deemed legitimate because they strive not to benefit the community but themselves. Charles Gibson, in his book Politicians and Poachers, establishes the framework of political and governmental institutions and their role in wildlife policy. However, it is not limited to state action; one can apply his basic definition to social and cultural institutions and their influence on the tourist industry. Because tourism, where people go, and how they spend their money are dependent on the concept of â€Å"authenticity†, it is vital that tourist attractions seem genuine, but not to the extent that this legitimacy seems falsified.

Rock Music :: essays research papers

Rock is a popular form of music that has evolved over the past couple of decades starting in the 1950s until present day. Rock music has been know to be used as a form of expression over the years. Despite its sometimes negative and defiant lyrics, rock is a form of art that allows one to release his/her feelings through singing in an expressive tone. I personally don’t see problem with people expressing their emotions and that is in part why I dont’t agree with Richard Brookhiser in stating that,‘‘Rock is a popular culture that aims downward in terms of class and age instead of aiming up. Rather than aspiring, it desire.†   Ã‚  Ã‚  Ã‚  Ã‚  I feel that everyone should have a way of expressing themselves in any way or art form that they feel is necessary. Rock music is just a form of letting people let out their anger and agression and not hold it inside. I’d rather see our society release our troubles in a musical form rather than in a violent one. There are much more things to worry about than to stress over rock music bringing culture down.   Ã‚  Ã‚  Ã‚  Ã‚  In this day and age I strongly believe that Rock music helps more than it harms those who listen to it. Unlike Mr. Brookhiser’s views I see rock as being an outlet rather than a downfall. Rock music should be taken for nothing more than just a form of music. Whether its R&B, rap, jazz or rock music is just music and it shouldn’t be held accountable for peoples wrong doings. Rock, just like other types of music should be given the same freedoms and rights to be played and heard by those who want to listen.   Ã‚  Ã‚  Ã‚  Ã‚  People who have the same views as Mr. Brookhiser would be best to just not listen to Rock music at all and not comment on it. To say rock is responsible for aiming downward in class and age is putting too much responsibility on music rather than the people. We all have brains and the ability to distinguish from right and wrong. I understand that some of the lyrics that are said in rock music may be offensive but that should not make it be blamed for bringing down the society.   Ã‚  Ã‚  Ã‚  Ã‚  If you want to sit down and discuss whats bringing down the society, issues such as drugs and single parent families would be more relavent.

Partnership Law

The Law of Partnerships:Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. Defining a Partnership [s. 1 PA 1892 NSW] The PA defines a partnership as â€Å"the relation which exists between persons carrying on a business in common with a view of profit† Partnerships are unincorporated bodies without any separate legal identity of their own.As Justice Barton put it in Cribb v Korn (1911), â€Å"to be partners, they must have agreed to carry on some business†¦. in common with a view to making profits and afterwards of dividing them, or of applying them to some agreed object†. SO†¦.. whether a particular relationship is, in law, deemed a partnership will depend on the parties showing that it exhibits all THREE ELEMENTS that the PA 1892 require. They MUST show that they are; 1 CARRYING ON A BUSINESS; 2 IN COMMON; 3WITH A VIEW TO PROFIT. Defining â€Å"business† [s. PA 1892 NSW] In Hope v Bathhurst City Council (1980) Justice Mason defined the term business as â€Å"activities undertaken as a commercial enterprise in the nature of a going concern for the purpose of profit on a continuous and repetitive basis†. Difficulties can arise at common law whether a particular activity constitutes â€Å"carrying on a business†. It seems to be a question of fact and degree, for example, Evans v FCT (1989) where Evans won $800k from gambling. FCT said he was â€Å"carrying on a business† for claiming tax from him.Held: Evans had not been â€Å"carrying on a business† of punting as his activities lacked system and organization. Justice Hill made the point that â€Å"all indicia to be considered as a whole†. Defining â€Å"carrying on† Seems to mean that there must be a degree of continuity eith er in fact or intention. Normally an isolated transaction will not be â€Å"carrying on a business† as in Smith v Anderson (1880) where LJ Brett said: â€Å"carrying on implies a repitition of acts and excludes doing one act which is never repeated†.The NSW Supreme Court used similar reasoning in Hitchins v Hitchins (1999) where Justice Bryson said: â€Å"it was characterized as an investment rather than a trade and flow of transactions which could be thought of carrying on a business. BUT– a P CAN be entered into for a single venture if that is what the parties intend as in Minter v Minter (2000) where court said: â€Å"Today, a single purpose joint venture does not escape being a partnership IF otherwise it satisfies the criteria for a partnership in the sense of a commercial enterprise with the object of gain or profit†.SO†¦.. while continuity/repetition of operations may be a strong indication of â€Å"carrying on a business† it is probab ly no longer a â€Å"critical† consideration: Chan v Zacharia (1984), Justice Deane. Contemplated Partnerships A mere agreement to carry on a business as partners at some, (even specified), time in the future does not make the participants partners UNTIL THAT TIME ARRIVES. If one of the intending partners starts the business early without the consent of the others this will still NOT constitute a partnership.Engaging in merely preparatory activities will not constitute â€Å"carrying on a business† : Pioneer Concrete Services v Galli (1985) BUT Everything will depend on whether the activities are really merely preparatory: Khan v Miah (2000) – Lord Millett said, â€Å"they did not merely agree to take over and run a restaurant they agreed to find suitable premises, fit them out as a restaurant and run it once they had set it up. It was what they had jointly agreed to do. Definition of â€Å"in common† There must be some joint participation in a common bu siness: Checker Taxicab Ltd v Stone (1930)A driver rented a taxi from the owner and paid him a % of the fares as commission was held NOT to be carrying on a business in common as no joint participation, no shared rights or duties and each person in reality carried on his own separate and distinct business. The â€Å"in common† requirement does NOT mean that all the alleged partners must take an active part in the business. The test seems to be: â€Å"Does the person who carries on the business do so as agent for the persons alleged to be partners? † – Lang v James Morrison & Co Ltd (1911) Definition of â€Å"with a view of profit†Minter v Minter (2000) made clear that â€Å"a view to ultimate profit is essential in a partnership† BUT noted that it has not been essential that there be a profit-making motive in the short term. This means that even though the partners are carrying on their business in the expectation that there could be losses INITIAL LY – the business will still be carried on â€Å"with a view of profit† IF the parties INTEND that it will ULTIMATELY earn profits. SO†¦.. even where an enterprise does operate at a loss, the parties INITIAL INTENTION will invariably have been to run it at a profit (even if the intention was hopelessly optimistic! N. B. Stekel v Ellice (1973) – parties’ stated intention may be overruled. How the contract of Partnership arises 1. formally by deed; 2. more informally but still in writing; 3. by word of mouth agreement; 4. partly written and partly oral; 5. can be implied from the conduct of the parties; Because partnerships are essentially business contracts the law relating to their formation etc is THE LAW OF CONTRACT. There is NO requirement that a WRITTEN AGREEMENT to evidence parties intention to operate as partners†¦ BUT a formal Partnership Agreement has FOUR clear advantages such as: 1. ritten agreement will set out unequivocally who are p artners; 2. it will clearly detail each partners duties, rights and responsibilities; 3. if a dispute arises the written agreement can be referred to or should prescribe some pre-agreed solution or means or arriving at the solution; 4. the written agreement will allow the parties to make express and undeniable provision for things that are not covered by the Partnership Act or which although provided for in the Act canbe altered by some express agreement to the contrary if the parties choose to do so. Relationship of Partners to Each otherThe relationship is both CONTRACTUAL and FIDUCIARY. 1. partners are not normally permitted to act except for the common good; 2. their relationship is governed mainly by parties’ own agreement rather than Statute. The parties’ fiduciary obligations are subject to their obligations under the Partnership Agreement – Justice Mason in Hospital Products Ltd v United States Surgical Corp (1984) when he said â€Å"the fiduciary relat ionship cannot be superimposed upon the contract in such a way as to alter the operation which the contract was intended to have† Duty to act for the common goodMust not carry on another business in competition with the partnership: Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd (2008) BUT If they obtain their fellow partners’ fully informed consent they may retain the benefit for themselves: Farah Constructions Pty Ltd v Say-Dee Ltd (2007) Duration of the â€Å"Duty† Fiduciary duties, in some circumstances, can arise before the partnership formally commences AND they will continue even after dissolution UNTIL the final accounts have been taken. Therefore – the obligation not to pursue personal gain can both pre-date and, to a limited extent, survive the partnership itself as in :United Dominions Corporation Ltd v Brian Pty Ltd (1985) UD and B were partners in a shopping centre development project with a third party SPL. UD was a major financier of th e project and SPL had granted it a mortgage over the land. The mortgage apparently secured not only the borrowings for the shopping centre but also borrowings for other projects in which Brian had no interest whatsoever. The mortgage was granted before the shopping centre partnership had formally come into being but well after negotiations for it had commenced (and at a point when it was clear that B would participate).Notwithstanding this, neither UD or SPL told B of the mortgage’s â€Å"collateralisation† clause. When the shopping centre had been completed and sold UD tried to retain all the proceeds of sale (including all the profit) to reduce SPL’s indebtedness to it for the other loans. B objected. HELD: A fiduciary duty exists between prospective partners. As a fiduciary, UD had a positive duty not to seek a private advantage without B prior knowledge and consent. The same reasoning was applied to: Battye v Shammall (2005) Both parties entered into an agre ement to train and race three horses in partnership.The plaintiff agreed to pay the defendant $25,000 for a half-share in the horses, not knowing that he had bought them for a total of $30,000. He therefore made a secret profit of $10,000. This profit had arisen as a direct result of the defendant’s breach of fiduciary duty and he was therefore liable to account for it to the plaintiffs. In terms of surviving the partnership (until final settlement of the accounts) see: Chan v Zacharia (1984) The parties were partners in a medical practice. They dissolved it in 1981.The premises was leased and the option to renew the lease had to be exercised by the doctors jointly. After dissolution, but before final settlement of accounts, Dr Chan not only refused to join Dr Zacharia inexercising the option, he actively sought and gained a new lease of the premises in his own name alone. Because consulting rooms were difficult to obtain in the area and because the renewal was therefore a ve ry valuable asset Dr Zacharia sued for a declaration that Dr Chan held his interest under the new lease as constructive trustee for all members of the former partnership.HELD: Because their fiduciary obligations continued after dissolution, at least as far as was necessary to wind up the firm’s affairs, Dr Chan had NOT been entitled to usurp for his own private profit an asset and opportunity which had properly belonged to the partnership as a whole. He was, therefore, required to account for that private profit. In terms of once the partnership’s affairs have been completely wound up and final accounts have been taken: Metlej v Kavanagh (1981) The parties had practiced as solicitors in a partnership.They had used rental premises and, when they dissolved their partnership, they agreed to continue occupying the premises together but to operate separate practices. Kavanagh subsequently bought the premises and Metlej sued arguing that he was entitled to participate and to buy a one-half interest in the property. HELD: While Kavanagh would have been liable to account to Metlej for the opportunity during their partnership – he was NOT LIABLE after its dissolution. The same reasoning was applied to:Sew Hoy v Sew Hoy (2001) Bindingness of the Partnership Agreement [s. 5 PA 1892 NSW] + [ss. 6-9] The Partnership Agreement is only binding on the partners themselves SO the terms in it do not normally have any effect on the rights or entitlements of third parties doing business with the firm. EG: a Partnership Agreement states that any one partner can sign partnership cheques UP TO $50,000 but cheques in excess need to be counter signed by another partner – That provision would have no effect on the rights of the erson who accepted the cheque for more than $50,000 bearing only ONE signature UNLESS he had been made aware of the restriction before accepting it. TWO KEY POINTS HERE : Restrictions in Partnership Agreements have this limited effect on third parties because of the doctrines of: 1. Privity of Contract; 2. Ostensible (apparent) Authority Under the doctrine of Privity of Contract the terms of the Partnership Agreement (the contract) are only binding on and CAN ONLY BE ENFORCED by the actual parties to that contract i. e. the partners.Under the doctrine of Ostensible (apparent) Authority third parties are entitled to assume that those who occupy positions that normally carry certain authority will have that authority UNLESS there has been some express notification to the contrary. Each partner is the de jure agent of his fellow partners for the purpose of doing those things that are usual for carrying on the business of the partnership in the normal way – therefore each partner has ostensible authority to do everything that might be regarded as part of the everyday normal functioning of the business.THIS CONCEPT IS NOW ENCAPSULATED IN THE PARTNERSHIP ACT (1892) NSW s. 5 BUT – knowledge of the third pa rties IS relevant : Construction Engineering (Aust) Pty Ltd v Hexyl Pty Ltd (1985) Construction Engineering contracted to build houses for Tambel on land that Tambel appeared to own. Construction Engineering was not aware that Tambel was in partnership with Hexyl Pty Ltd. However, their partnership agreement specifically said Tambel was to negotiate and sign the building contract as sole principle (not as agent for Hexyl or the partnership) and that the partnership’s legal interest in the property was not to arise until after he completion of the building. When a dispute arose about payment Construction Engineering alleged that Tambel had entered into the contract on behalf of the partnership and therefore both Tambel AND Hexyl were liable. Held: Hexly was not liable – while partners can bind one another in contract Tambel had been EXPRESSLY PROHIBITED from entering into the building contract as the firm’s agent. AND – partners’ actions must be wit hin the type of business carried on by firm: Polkinghorne v Holland (1934)Thomas Holland and his son Harold and Louis Whitington were partners in a law firm. Claimant Florence Polkinghorne was one of Thomas Holland’s long time clients but much of her business was attended to by his son Harold Holland. Harold advised Florence Polkinghorne to invest money in a Trust Investment Company that he had formed (which he knew was little more than a shell). Harold later advised her to lend ? 1000 to another of his companies called Secretariat Ltd (which again was little more than a shell).Finally, he persuaded her to become a Director of Secretariat Ltd and to guarantee an overdraft in exchange for a share of the profits. All investments failed! Mrs Polkinghorne lost the ? 5000 that she invested plus ? 5475 for which she became liable under her guarantee. Harold disappeared! Mrs Polkinghorne sued his father Thomas Holland and Louis Whitington alleging that as partners they were liable f or her losses. They argued they were not liable because giving financial advice was not part of the â€Å"ordinary course of the business of the firm†.Held: Harold’s partners were liable for the ? 5000 she had lost in the investments BUT NOT LIABLE fir the ? 5475 she had lost by guaranteeing the overdraft. They were liable for the first loss as providing advice WAS a normal part of the business of the firm. They were not liable for the losses on the guarantee as this had NOT INVOLVED HAROLD ACTING IN HIS PROFESSIONAL CAPACITY – THEREFORE NOT IN THE ORDINARY COURSE OF THE BUSINESS OF THE FIRM. BUT – partner’s actions will be looked at subjectively AND objectively when courts decide whether the other partners are liable:There are two limbs: 1. The subjective test is – what kinds of business does this firm actually carry on (and then look at any actions taken by a partner that were not actually authorized) 2. The objective test is – what kinds of business do other firms actually carry on in the same line of business (a sort of reasonable expectation point) It seems that the courts have favoured this approach as in: Mercantile Credit Co Ltd v Garrod (1962) Garrod and Parkin operated a garage in partnership. Parkin ran the business.Garrod was a sleeping partner with no interest in the firm’s day to day running. Their agreement specified that buying and selling cars was NOT to be part of the firm’s activities. In breach of their agreement and without authority from Garrod Parkin fraudulently sold a car to Mercantile Credit who discovered the fraud and sued for the return of its ? 700 purchase price. Garrod denied liability arguing that Parkin had had no actual or ostensible authority as selling cars was not â€Å"business of the kind carried out by the firm†. Held: Garrod WAS liable.Even though what Parkin had done had been without Garrod’s authority (thereby eliminating any liability under the first limb it was AN ACT WITHIN THE SCOPE OF THE FIRM’S BUSINESS. Therefore, Parkin had had the necessary OSTENSIBLE AUTHORITY and both partners were liable under the second limb. Justice Mocatta looked at the type of business that could be expected in garages generally. â€Å"Holding Out† as Partners [s. 6(1) PA 1892 NSW] Authority of those held out as partners Even non-partners can bind the firm if the firm or some of its members hold them out as partners (this is part of the Doctrine of Ostensible Authority).By representing that a particular person is a partner, the partnership is effectively saying, either to the world or to an individual that the person has all the powers of a partner and that he has authority to bind the firm. If someone then deals with that person (in the belief that they are a partner) the firm may not disassociate itself from liability just because that person was not, in fact, a partner. By representing that that person was a partner the firm becomes liable for any actions which it would have been reasonable for him to have taken as a partner: s. 6(1) PA 1892 NSW. Liability of those â€Å"held out† as Partners s. 4 (1) PA 1892 NSW Third parties deceived by a holding out can therefore sue not only the real partners but also all those who were held out, exactly as if they had been real partners, provided they had at least acquiesced in the holding out. Estoppel Those who allow themselves to be held out as partners, knowing or suspecting that this might induce third parties to alter their position in reliance on that representation, will be estopped from denying the fact of partnership if the denial is to avoid liability to those third parties as in: Waugh v Carver (1793) Liability in General Liability of â€Å"general† partnersA general partners liability is unlimited – liable to the full extent of their personal resources for partnership debts and obligations. If called upon they can ONLY seek a contribution from the other general partners. Their rights against the limited partners are restricted to the limited partners’ agreed contribution. A general partner CAN change status to become a limited partner SO LONG AS there is still at least ONE GENERAL PARTNER left. Liability of â€Å"limited† partners Only liable for the firms debts and obligations to the extent of his contribution or agreed contribution to the firm’s capital : ss. 0, 61 and 65(2) PA 1892 NSW. In NSW they can either be in cash or property valued at a stated amount. (In QLD those contributions must be in cash). THIS LIMITED LIABILITY ONLY RELATES TO LIABILITIES THE PARTNERSHIP OWES THIRD PARTIES. THE LIABILITY TO THE OTHER PARTNERS IS GOVERNED BY THE PARTNERSHIP AGREEMENT AND THE RELEVANT PARTNERSHIP ACTS. Losing Limited Liability Can and will be lost – 1. if there are defects in the Partnership Agreement; 2. if the limited partners participate in management; 3. if a limited partn er’s contribution to capital is withdrawn; 4. if the partnership ceases to be a limited partnership . if there is a failure to describe the partnership as a â€Å"Limited Partnership† in business documents; Key point about limited partnerships: They must be registered : s. 50 PA 1892 NSW Terminating a Partnership Can be dissolved in any number of ways. They may terminate their relationship: 1. by agreement; 2. or if they have provided for it in their original Partnership Agreement – one partner may simply give notice of termination; 3. court intervention (in the event of relationship breakdown. Remember†¦. because partnerships are contractual relationships any change in the composition of the partnership (i. e. ny change in the â€Å"parties†) will technically terminate it: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003). If some or all of the remaining partners want to continue after a change they can – provided there is both an appropri ate agreement and some arrangement to pay out those partners who are leaving. N. B. any continuation will involve a new partnership; the old partnership will have terminated when the change took place. Therefore – at its lowest level termination will occur whenever there is any voluntary (or involuntary) change in the composition of the partnership whether or not the busiess continues after the change.Such changes include changes initiated by: 1. the death of a partner; 2. the expulsion of a partner; 3. the retirement of a partner; or 4. the introduction of a new partner Dissolution and Winding Up At its severest level termination can involve a formal dissolution of the partnership followed by a winding up of the partnership’s affairs. Winding up means that the partnership’s assets are sold, its debts are paid and any residue that remains is then split among the (now former) partners in accordance with either the terms of their Partnership Agreement or the provi sions in the Partnership Act: s. 4 PA 1892 NSW. Difference between â€Å"Dissolution† and â€Å"Winding Up† Critical difference between dissolution and subsequent winding up is described in: Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd (2003) . Death of a Partner s. 33(1) PA 1892 NSW The PA 1892 NSW provides that: â€Å"subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death of any partner† SO†¦. in the absence of a contrary agreement, the death of any partner must automatically bring the partnership to an end.The firm’s business may then be formally wound up, its assets and undertaking may be sold, its debts will be paid and any balance will be distributed between the deceased’s estate and the surviving partners in accordance with either the terms of the partnership agreement or, if there are no specific terms, the provisions of the Act. Why automatic dissolution? It is designed to protect the deceased’s interest in the partnership. N. B. The Partnership Agreement can stipulate by agreement that the death of a partner is not to result in automatic dissolution.Expulsion of a Partner s. 25 PA 1892 NSW s. 25 PA 1892 NSW provides that: â€Å"no majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners† The â€Å"express agreement† referred to, while it need not be in writing, should be part of the original Partnership Agreement. Partners have no inherent right to expel co-partners. It is not enough that all the partners get together and agree agree to put a power of expulsion into their agreement just to get rid of the disfavoured partner.The â€Å"normal† way of resolving irreconcilable differences is to dissolve and wind up the partnership. There are a number of â€Å"fiduciary safeguards† which include: 1. the expulsion must be exercised in good faith and it must not be improperly motivated; 2. any power to expel a partner will be strictly construed; but 3. unless the Partnership Agreement expressly or impliedly provides for it, a partner being expelled need not generally be told the reason for the proposed expulsion nor given an opportunity to speak in his defence. How the good faith requirement operates is well illustrated in:Blisset v Daniel (1853) – â€Å"where a power of expulsion exists it must be used for the benefit of the partnership as a whole and not for the benefit of particular partners†. Retirement of a Partner s. 26 PA 1892 NSW The effect of one partner retiring (as with death or explulsion) is to dissolve the partnership in its then form. This is the case even so the business of the firm may continue :Hadlee v Commissioner of Inland Revernue (1989). The practical effect raises some sort of indebtedness between all or some of the continuing partners (those who are buying out the retiring partner).The retiring partner loses all rights to have any continuing say in how the business is run. If the firm is going to continue as a new firm after the partner has retired they may well incur an obligation to indemnify the retiring partner against any action by the firm’s creditors after the effective date of his retirement. This will be important to the retiring partner because under the PA NSW he remains liable for all debts and obligations of the partnership before the effective date of retirement unless the remaining partners and the firm’s creditors agree otherwise : s. 7(3) PA 1892 NSW. The Introduction of a New Partner s. 24 (1)(7) PA 1892 NSW s. 24 (1)(7) PA 1892 NSW provides that: â€Å"no person may be introduced as a partner without the consent of all existing partners† This provision follows naturally from the fact that partners have an unlimited liability for partnership debts and obligations and therefore there is a mutual trust, confidence, understandi ng and goodwill presumed to exist. Incorporated Limited Partnerships s. 49 PA 1892 NSW defines them as â€Å"an incorporated limited partnership formed in accordance with the Act† – NOT VERY HELPFUL!Better defined as, â€Å" an association of persons carrying on business as partners where the liability of at least one of them is limited and the funds and business are managed by one or more general partners for the benefit of all the partners collectively† – s. 995-1(1) Income Tax Assessment Act 1997 (Cth). SO†¦these partnerships have a corporate identity, a separate legal personality and perpetual succession. ONLY the limited partners are protected though – unlike all limited liability companies! Therefore the general partners remain liable without limit!Why have an Incorporated Limited Partnership? (ILP) ILP’s were the direct result of the Commonwealth Government’s Venture Capital Act 2002 (Cth) to facilitate non-resident invest ment in Australia. The Act provides concessional tax relief!! This is restricted to those involved in venture capital investments AND REGISTERED under the Act. Limited Liability Issues Normal (unincorporated) limited liability partnerships do not provide VC with the certainty of limited liability as they are NOT incorporated and have no independent legal status. Formation of an ILPThey MUST be REGISTERED – in NSW the Registrar of Business Names. How to Register [s. 54 PA 1892 NSW] Must lodge an application with above signed by existing or proposed partners detailing: 1. that the partnership is to be registered as an ILP; 2. the firms name, address and principle office; 3. full name and address of each partner; 4. status of each partner i. e. â€Å"general† partner or â€Å"limited† partner; 5. for registered VCLP either evidence of registration or a statement outlining the intent; 6. anything else prescribed as required, under regulation or otherwiseOnce REGISTE RED an ILP is in most cases will be subject to the rules of the Corporations Act 2001 (Cth) regarding matters such as directors’ duties and the prohibition of disqualified persons taking part in management. Assumptions those dealing with an ILP are entitled to make: The PA 1892 NSW provides a number of assumptions that those who deal with an ILP are entitled to make (UNLESS they know or suspect that the assumption is incorrect! ) These assumptions are: 1. the Partnership Agreement has been complied with; 2. anyone on Register as a â€Å"general† partner has authority to perform duties; 3. nyone held out as a â€Å"general† partner in, or as agent of, an ILP is a â€Å"general†partner and has such powers/authority; 4. the â€Å"general† partners, and agents of, an ILP properly perform their duties to the ILP; 5. that a document executed by an ILP has been duly executed; 6. that a â€Å"general† partner in an ILP who has authority to issue a d ocument on its behalf has authority to warrant that the document is genuine or a true copy. How are ILP’s Regulated? Not governed by the general partnership rules! Most important perhaps is when it comes to joint/several liability.Partnership Act NSW provides that general law of partnership does NOT apply to ILP’s OR to the relationship between the ILP and its partners: s. 1(C) PA 1892 NSW. Partnerships & Companies – Generally The reason for the distinction between P and C is quite simple. A P is an ASSOCIATION of persons ACTUALLY â€Å"carrying on a business†. Together the partners decide what business will be carried on, they are usually entitled to get involved in the day-to-day operations and they are personally liable for the partnership’s debts and obligations. With C this is not the case.C are INDEPENDENT LEGAL ENTITIES WITH A PERPETUAL EXISTENCE. They obtain their funds from shareholders who are generally, both in fact and in law, passive i nvestors. The difference between P and C can be very important even in small closely held companies where the directors are also the company’s sole shareholders and operate like a P – the legal position is that they are not a P and therefore have NO right to be treated as such by the law. This can have very unfortunate circumstancesas in: Friend v Brooker (2009) The parties incorporated a company and they were equal shareholders.Brooker borrowed funds personally to help the business. The C later went into liquidation and there was not enough money to repay the loan. Brooker claimed that the C had merely been a corporate vehicle for a P between the two men and therefore P law should apply. Held : Brookers action failed. Court said he and Friend had taken a deliberate commercial decision to adopt a corporate structure for their business instead of operating as a partnership therefore no fiduciary duty owed. Advantages of Partnerships Simple and cheap to set up Can be sim ple and cheap to dismantle ConfidentialityParticipation in management and decision-making Flexibility Partners owe a fiduciary duty to one another Can be used to reward and retained skilled/valued staff Disadvantages of Partnerships Have no separate legal existence Continuity problems Limited numbers Capital may be more difficult to raise Unlimited liability Statutory Agency Partnership interests are not freely transferable Some Partnership decisions require unanimity Partnership In Tort [PA 1892 NSW ss. 10-13] The basic provision concerning the way in which tortious (and criminal) wrongs committed by a partner are to be treated reads as follows: where by any wrongful act or omission of any partner†¦. acting in the ordinary course of the business of the firm, or with the authority of the partner’s co-partners, loss or injury is caused to any person not being a partner of the firm, or any penalty is incurred, the firm is liable therefore to the same extent as the partner so acting or omitting to act†. Therefore, all partners will be collectively liable but that is not all. The PA 1892 NSW makes clear that partners’ liability is both joint and several s. 12 PA 1892 NSW – therefore the injured party can sue the whole firm OR partners that he chooses.If he sues only some of the partners – THEY WILL BE PERSONALLY LIABLE (they will also be entitled to seek a contribution from the other partners). If recovery in full cannot be obtained from the sued partners by the injured party they may later sue partners who were not sued for the shortfall!! Breaches of Contract – the partners are simply â€Å"jointly† liable for the firm’s debts and obligations so the injured party generally only gets one opportunity to sue collectively : Kendall v Hamilton (1879) – partners are â€Å"jointly† liable for partnership debts.To succeed the injured party must prove FIVE things: 1 . there was a wrongful act or om ission; 2. it was committed by a partner; 3. partner was acting in ordinary course of firms’ business or with actual or implied or apparent authority of his co-partners; National Commercial Banking Corp of Australia Ltd v Batty (1986) 4. injured party suffered loss or injury; 5. loss or injury resulted from the wrongful act or omission. Also see: Polkinghore v Holland (1934) – SEE ABOVE FOR FACTS AND DECISION