Custom as a Source of Law M P Jain Essay Example

Custom as a Source of Law M P Jain Essay INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H. Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it? In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity. We will write a custom essay sample on Custom as a Source of Law M P Jain specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Custom as a Source of Law M P Jain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Custom as a Source of Law M P Jain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personnel (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has broken the law but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law. This whole legal process is carried on through the various organs of government by a large number of people legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†. For, too many students get off on the wrong foot in law school because they dont understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic. Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesnt make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply. To be specific you must learn how to take a particular problem accurately classify it as it would be classified by a legal tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself. If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply havent learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind youre not merely memorizing what the courts and legislatures have said and done in the past. That’s history! Youre trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE CASE METHOD OR CASE SYSTEM The Case system is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected cases in casebooks which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The students work under this system consists mainly of reading and briefing the cases, attending classes and taking notes, and periodically reviewing the work in eac h course). Consequently, if you are studying law under this system you should know the best methods of doing these. Cases and Case Books Before you can properly read and brief the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first years work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously cant read cases intelligently unless you know what they are. Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the courts decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (courts deciding cases appealed from lower courts). Trial court decisions (those rendered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporters notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them. After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigned the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions. Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page of any other selected case series in which it may have been published and the date it was decided. The Case books which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated. Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his courts decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1. The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the facts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion. Sometimes the statement of facts is made categorically on the basis of the courts or jurys findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various issues (either of law or fact) which must be settled before a decision on the controversy can be reached. Any of you who have done any debating, understand issues, the breaking up of Introduction To The Legal Process 5 a general problem into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive. Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducting the decision on the issue from the general rule. If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Courts decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å"Case remanded†, â€Å"New trial ordered† , etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type. Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. Its not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is, Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if its a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiffs point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here. By doing this you put yourself in a better position to read the courts argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the courts argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules. Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the courts argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by the court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†). When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and hold with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem. Courts in each jurisdiction regard their own prior â€Å"holdings† as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7 THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of these methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages. Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devils advocate to force students to think for themselves. The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, and who have and analysed those cases. Further more, the students activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocates role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs. These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases. If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific. The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The courts order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indeed â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case. The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one students case brief of this case. You will note that abbreviations are used whenever possible. (df = defendant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAKs heirs both for MAKs pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JMs cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes) R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case. He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief. Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper. If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, and to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method. Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to him for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone elses work. If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection. One effective technique of studying at this stage, which many students use, is a small discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer. Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysing and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write. Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method. It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such a

Murder mystery genre Essays

Murder mystery genre Essays Murder mystery genre Paper Murder mystery genre Paper These two stories are completely different from each other, only one of them follows the murder mystery genre we are used to.  Ã‚  A typical murder mystery usually revolves around a highly respected detective who always seems to find the murderer by the end of the story. We never get to know the victim very well in the stories, as they are either dead before the story starts or shortly after the start before we get to know anything about him or her. The murderer however seems to be there from the start, and by the middle of the story we want them to be caught. During the story we are given clues from the detective, some of the clues are red herrings to confuse us and make us think it somebody totally different from the person who did it. Most of the tension in the story comes just before the end when we are guessing whom it could be and trying to solve the plot our selves. When we are given the solution all of the loose ends are tied up and all the clues given fit into place and we are never left in suspense e.g. a cliff-hanger. The speckled band is the perfect example of a murder mystery as it has all the objects I have explained. The highly regarded detective is Sherlock Holmes who has an assistant called Dr. Watson who helps him with his enquiries and investigations.  We know that Sherlock Holmes is a supremely regarded detective when Mrs Stoner tells him that a friend recommended him.  Mr Holmes; I have heard of you from Mrs Farintosh whom you helped in the hour of her sore need.  Dr. Watson is very useful to the author as he helps him put across the clues and information Sherlock Holmes finds. This is because Holmes explains what he has found to Dr. Watson. If the character Dr.Wason did not exist it would be very hard to give us the clues. As usual we dont get to meet the victim we were just told about her from Helen Stoner the victims sister.  She was but 20 at the time of her death, and yet her hair had already began to whiten, even as mine has.  We suspect the real murderer from a very early stage when he (the murderer) realises his stepdaughter has been to see Sherlock Holmes. He storms into see the detective. From this confrontation it is obvious what the man could be capable of from the physical description we are given of him.  Because of the circumstances of the young girl being killed weeks before her wedding, and the possibility of her sister experiencing the same fate the reader unconsciously sympathetic and anticipates the murderer being discovered. The speckled band yet again shows how typical it is to the murder mystery genre by the clues and the red herrings that are given in the story. For example, some of the clues are; the discovery of the ventilator that adjoined the two rooms, the realisation that the bell pull was fake, and the detection of the bed being fixed to the floor.  The fact that there was a gypsy camp near by was meant to ply the readers ideas into thinking that the gypsies responsible some way. Another red herring given was the mention of the cheetah and the baboon that the stepfather kept as pets. At the end of the mystery the murderer is revealed, all the clues are solved, and the plot is explained in full leaving a very tidy ending and the reader fully satisfied with the conclusion.  Lamb to the Slaughter is a completely different murder fiction, we are told the story from the murderers point of view, and we sympathise with her account of the circumstances. This is because at the start of the story shes genuinely looking forward to her husband coming home. Shes oblivious to the fact of devastating news he is going to give her. (Bad enough for her to kill him)  As the detectives search for the murder weapon we are curious to know whether she will get away with it. At the end while the detectives are eating the murder weapon black humour is used as the story is funny in a morbid sense. We also find black humour in the tittle as it is literally true. The end of the story is different to that of The Speckled Band because the reader is left in suspense and we will never really know the outcome of any further enquires.  Another aspect that differs in the two stories is the language used in each. In The Speckled Band the language is very old fashioned and sometimes difficult to understand, some of these words are: defray which means Make good, repay, would fain that means would like to, and apertve which means opening. Roald Dahl however uses language that we are much more used to reading in the Lamb to the Slaughter.

Health Administration Essay Example | Topics and Well Written Essays - 250 words

Health Administration - Essay Example QI employs the use of many methods in order to ensure that the services being provided to the customers are improved to the customer’s satisfaction. It also ensures that the products being offered and the whole process improves and becomes of such high standards of quality (Hoyle, 126). Quality management employs the use of various principles in order to make the work of management of the services or products easier while quality improvement follows laid down procedures and guidelines that enable it to improve performance and ensure that the improvement is not just a one-time thing but will always be continuous. The guidelines include following the zero-defect program and ISO certification guidelines among other guidelines. The principles used in quality management include focusing on the customer, involving the stakeholders and better leadership among others. When the quality improvement component works smoothly and effectively, quality management also improves and hence the overall performance of the organization

Critically evaluate the significance of leadership as it relates to Assignment

Critically evaluate the significance of leadership as it relates to driving the culture of an organisation. To support your anal - Assignment Example Leadership is usually associated with motivation; the incentive theory suggests that the employee will increase their efficiency if they are offered incentives (Handy, 2007). However, certain theorists believed that employees are often driven by economic needs which are also known as rational assumptions (Handy, 2007). Management is a logical process which requires the emotional intelligence of the manager to handle the human resources of the organization. Leadership and Management are interrelated but cannot be used interchangeably and there are three dimensions of leadership which is needed for effective management which are planning, negotiation and rewarding. Managers are concerned with the achievement of targets; however leaders are concerned with fresh approaches of how to manage the employees of the organization through inspiration and motivation. Theories related to satisfaction of the worker are very limited; a satisfied worker may not work harder but he/ she tends to stay l onger in the existing organization (Handy, 2007). As per author Kotter, management is about dealing with the complexity of the problems whereas leadership is about coping with change and bringing order and consistency in the organization (Sadler, 2003). The difference between management and leadership was first defined by theorist James McGregnor in the year 1978 (Sadler, 2003). The theory laid emphasis on the difference between transactional and transformational leadership. Transactional leadership occurs when the manager takes the initiative in offering some form of satisfaction in return for something valued (Sadler, 2003). Managers who exhibit the transactional leadership skills are usually associated with ability to attain results and solve problems through proper planning, organizing, directing and controlling and work methodically within the structure and the boundary of the organization. Organizational culture and transformational leadership are interrelated and also has a s ignificant impact on the organizational effectiveness. Transformational leadership qualities lead to excellent performance of the employees which are beyond the expectations of the organization. As per authors Denison and Mishra, there are usually four cultural traits that are related positively with the organizational performance which are involvement, consistency, participation and normative integration (Xenikou and Simosi, 2006). Managers following transformational leadership skill promote an environment that helps in achievement of high goals. Transformational leadership is mainly concerned with the intellectual simulation, accomplishment, and individual consideration. In addition it was also proved that there are certain organizations which have certain group norms that help in promoting self actualization, participation in decision making, moral and social support, cooperation etc. The organizational culture theory as proposed by Cook and Rousseau suggests that culture is comp osed of the shared values of a social group acquired through socialization process and can be acquired through socialization process and exposure to variety of culture bearing elements (Xenikou and Simosi, 2006). These culture bearing element constitute of social interaction, employee behaviour and their performance.

Japan Essay Example | Topics and Well Written Essays - 1250 words

Japan - Essay Example Japan is among the world’s most populated countries in the 21st century. The population of Japan is estimated to be approximately 125,000,000 according the recent population data available. Japan is a country that is made of several islands, which, are spread out in the Pacific Ocean. The main islands that make up Japan are, Kyushu, Hokkaido, Honshu and Shikoku. Japan is located in the Asian continent neighboring Korea, China and Russia. Japan has its southern most islands lying relatively at the same as Bahamas whereas its northern most islands geographically lies in similar latitude as Portland. Japan is preeminently an industrious country with a booming economy that has underwent numerous challenges over the decades. The major industries in Japan are reputably, electronics and automobile industries whose success has put Japan on the green light at the international economic stance. The Japanese products made their way to the international market after the Second World War with a high quality reputation and relatively low prices. The most significant industries that feature on the export of Japan are metal industry, aerospace industry, shipbuilding and biotechnology. The major problem facing the industries is the huge dependence on of raw materials from foreign countries. Japan is relatively inadequate supply of natural resources. The economy of Japan is inevitably influenced by its exports and imports. However, Japan has a good performance in economic freedoms among them business freedom, property rights as well as, freedom from corruption. Japan has a well-established modern financial sector. The economics of Japan has one shortcoming, huge public debt, which is considered to pose a challenge in reviving its stagnant economy. In addition, the disparities between various segments of the Japanese economy have widened continuously (countrystudies.us). Japan relies on its main export products are electronics, cars and computer devices for foreign exchange. Mostly, Japan exports its products to Taiwan, Hongkong, Singapore, Germany and Thailand. Japan obtains most of its raw materials imports from Australia, USA, Saudi Arabia, South Korea, the United Arab Emirates and Indonesia. The average annual income of Japan is approximately $ 60, 600 USD according to the survey by Japan labor ministry. The annual average inc ome of Japan decreases every year. This has been attributed to the fact that lifetime jobs are becoming less popular in the economy of Japan. The young people in Japan have a hard time securing a full time employment. The political instability of Japan and natural calamities such as the nuclear disaster are among factors that affect the Japanese economy tremendously. The economic meltdown caused by the nuclear disaster and the earthquake tragedy has rendered most Japanese companies financially unstable (kwintessential.co.uk). Japan is among the countries that boast of a diverse cultural setting with various religions and beliefs. The major religions in Japan are Buddhism and Shintoism. The Japanese population has customs and beliefs, which they hold on closely to day in day out. The most popular Japanese rituals originated from the rituals of Shintoism symbolizing hope and spiritual health for the members of the community. The origin of the Shintoism religion is not clearly traceabl e although there is archaeological evidence that suggests the Yayoi people first practiced it in the period (400B.C-250 A.D). The Yayoi people were made up of various clans with a god being associated to each. The gods represented nature objects such as rivers, mountains, rocks and storms. The Buddhism religion became established in Japan unimpeded in 587 A.D after the defeat of the â€Å" monohobe† clan that was opposing of Buddhism (afe.easia.columbia.edu). Japanese people have a major cultural belief, which involves an annual visitation of the dead by the members of their family. The festival is known as Bon Festival in which Buddhists visit temples

Exclusion clauses

Exclusion clauses Introduction Exclusion clauses are generally found in contracts`. These types of clauses operate to exclude or restrict the rights of a party. For example, when a party to a contract wishes to limit their liability in the event that they breach the contract they will usually include an exclusion clause, limiting the amount that the other side can claim to a specified total. Sometimes, a party may include a provision attempting to exclude all liability for a certain thing that could go wrong. Exclusion clauses may also be called exemption or exception clauses. They operate for the benefit of one party to an agreement. It is always difficult for commercial contract drafters to know when an exclusion clause goes too far and might be stuck out as being unreasonable under the Unfair Contarct Terms Act 1977 (UCTA). On 15 April 2008 the Court of Appeal handed down its ruling in the case of Regus (UK) Ltd v Epcot Solutions Ltd overturning a High Court decision that had previously caused suppliers considerable concern. The Court of Appeal decision set out some important factors that may be taken into account in determining whether an exclusion clause is enforceable and to be held valid. The case concerned the reliance by a supplier of serviced office accommodation (Regus) on part of an exclusion clause in its standard terms of business. The part of the exclusion clause in question sought to exclude liability in any circumstances for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential losses. A further clause limited Regus liability for other losses, damages or expenses to  £50,000. The customer (Epcot) complained to Regus about defective air conditioning in the office, and when this was not fixed by Regus, Epcot stopped paying Regus the service charges due under the agreement. Regus brought proceedings against Epcot for the amounts due to it, and in response, Epcot argued that the failure to provide air conditioning amounted to a breach of contract and counterclaimed for loss of profits, loss of opportunity to develop its business and distress, inconvenience and loss of amenity. In order to defeat part of Epcots claim, Regus had to show that the Exclusion Clause was enforceable in particular that it was reasonable under the Unfair Contract Terms Act 1977 (UCTA). In a High Court judgment of May 2007, the court had ruled that although in theory it was entirely reasonable for Regus to restrict damages for loss of profits and consequential loss, the clause was unreasonable as a whole as the exclusion was so wide that it effectively left Epcot without a remedy for a basic service such as defective air conditioning. It was therefore unenforceable, leaving Regus exposed. Regus appealed on the grounds that the High Court judge had been wrong to say that the Exclusion Clause was unreasonable under UCTA and that it should be entitled to limit its liability in that way. The Court of Appeal agreed with Regus and reversed the High Courts ruling. The purpose of UCTA is to protect contracting parties (particularly consumers and business parties contracting on other business parties standard terms of business) from onerous contractual provisions such as exclusion and limitation of liability clauses. UCTA imposes limits on the extent to which liability for breach of contract, negligence or other breaches of duty can be avoided in a contract. Where a clause is contrary to the mandatory restrictions set out in UCTA or is deemed by the court to be unreasonable, such a clause will be unenforceable. Amongst other restrictions, Section 3 of UCTA is particularly important in the context of business to business contracts where the supplier is dealing on its standard terms of business. This section provides that where a term seeks to exclude or restrict a suppliers liability for breach of contract, such a term shall only be enforceable to the extent that it satisfies the reasonableness test. Thus, according to Section 11(1) of UCTA, in order to pass the reasonableness test, a contract term must have been: . a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. Schedule 2 to UCTA contains a non-exhaustive list of guidelines in assessing reasonableness, which in practice the courts apply when considering reasonableness in the context of Section 3 of UCTA. Such factors include the strength of the bargaining position of the parties relative to each other, whether the customer received an inducement to agree to a particular term; whether the customer had the opportunity of entering into a similar contract without the term, whether the customer knew or ought to have known of the existence and the extent of the term and whether it was reasonable at the time of the contract to expect that compliance with a term would be practicable. In addition, under Section 11(4) of UCTA, where a party seeks by contract to restrict its liability to a specified sum of money, the courts will looks at the resources available to that party to meet the liability should it arise and the availability of insurance cover. Clause 23 We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing the business center or otherwise unless we do so deliberately or a negligent. We are also not liable for any failure until you have told us about it and given us a reasonable time to put it right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with your agreement and/or you use of the service except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph. We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all potential loss, damage expense or liability. We will be liable: Without limit for personal injury or death; Up to a maximum of  £1 million (for any one event or series of connected events) for damage to your personal property ; Up to a maximum equal to 125% of the total fees paid under your agreement up to the date on which the claim in question arises our  £50,000 (whichever is the higher), in respect of all other losses, damages expenses or claims. The meaning of in any circumstances Counsel for the defendant submitted that the words in any circumstances were apt to include liability for fraud or liability in respect of a deliberate attempt to damage the defendants business, this was held by the Court of Appeal to be the wrong approach to take. Lord Justice Rix Stated: Clause 23 as a whole does not purport to exclude liability (in the case of the losses identified in clause 23(3)) for fraud or wilful, reckless or malicious infliction of harm. Lord Justice Rix justified this approach on the following basis: Liability for fraud or malice or recklessness which is a species of either goes without saying: parties contract with one another in the expectation of honest dealing. In this sence it is important to distinguish between an intentional breach (which may fall within the in any circumstances) and the deliberate infliction of harm (which will not). On the present facts it could be said that the actions of the claimant were deliberate in the sense that they decided not to spend money on repairs to the air-conditioning system. But that is a long way from saying that the claimant acted with a dishonest or malicious intent to inflict harm upon the defendant. The conclusion of the Court of appeal on this issue suggest that the words in any circumstances should not be construed literally against the background of an expectation of honest dealing. Thus the words are unlikely to be held, as a matter of construction, to encompass liability in respect of the fraudulent, malicious or reckless infliction of harm. Available Remedies Judge Mackie held that clause 23 was too broad to be reasonable. He sp concluded for a number of reasons. First, he held that clause 23 deprived the defendant of any remedy at all for failure to provide a basic service like air conditioning in what is the business equilavant of an hotel, not the lease of flat. Secondly, he stated taht clause 23 provided an illusion of a remedy. On its face, clause 23 provider for a limitation of 125% of the total fees paid but when account was taken of the broad wording of the exclusion of financial losses, Judge Mackie stated that a business will eb unable to establish teh liability which the claimant seeks to limit. Damages for loss of amenity was held to be frail, remote and uncertain. The possibility of such a claim did not suffice to persuade Judge Mackie that the clause was reasonable. The Court of Appeals view was that, contrary to what the High Court judge had said, certain limited remedies were in fact available to Epcot and had not been excluded by virtue of the Exclusion Clause. In particular, Epcot could seek damages for the diminution in value of the services promised. The cost of relocating to alternative offices or the cost of replacement air-conditioning were other possible remedies. Assessment of Reasonableness Rix LJ then went on to consider whether the Exclusion Clause was reasonable in light of the fact that it did not exclude all remedies. Rix LJ decided that the Exclusion Clause was reasonable on the following grounds: as the High Court judge had said, in principle it was reasonable for Regus to restrict damages for loss of profits and consequential losses from the categories of loss for which it would become liable when in breach of contract;  § Epcots managing director was an intelligent and experienced businessman who was aware of Regus standard terms when he had entered into the contract and had contracted before on identical terms;  § Epcot had used a similar exclusion of liability for indirect or consequential losses in his own business;  § Epcot had sought to re-negotiate terms of the contract frequently and energetically, although not the Exclusion Clause;  § there was no inequality of bargaining power. Although Regus was the larger company, Epcot made use of and took advantage of the availability of local competitors of Regus in negotiations; and  § the Exclusion Clause advised Regus customers to take out insurance for the losses excluded by the Exclusion Clause. Rix LJ felt that Regus customers were better placed to insure themselves against their business losses rather than Regus to insure its customers. This was particularly the case as Regus customers would frequently change and Regus was very unlikely to be in possession of the level of information relating to its customers which underwriters would require in order to provide insurance. In addition, leaving customers to obtain such insurance would enable them to choose whether, how and at what price they would wish to insure against business losses. What is the effect of the Court of Appeals ruling? The Court of Appeal ruling will give some comfort to suppliers who had become nervous about excluding all financial losses in their standard terms of business following the High Courts ruling last year. The Court of Appeal has also provided some helpful guidance as to the sort of factors it will consider in assessing reasonableness. Although the facts will vary from case to case, as can be seen from the above, factors such as the parties bargaining strength, the sophistication of the buyer and the question of who is best placed to insure the loss will all be considered. Suppliers could also benefit from including wording in their exclusion clauses advising their customers to purchase insurance for those matters in relation to which the supplier excludes liability. Although the courts do not have power to rewrite an exclusion clause or sever words that make it unreasonable, here the Court of Appeal held that if the relevant exclusion clause had been unreasonable it could have been severed so as to level a related limitation clause intact. The two clauses, although not formally divided up into separate subclauses, were independent of each other and several different purposes. It is, however, clearly preferable for a drafter to separate out different elements of the exclusion into subclauses rather than to rely on a single all-embracing clause. The reasonableness of an exclusion clause will always depend on the circumstances of the individual case. In the Regus case, the fact that the customer clearly understood the exclusion clause had strong bargaining position and had sought to renegotiate some of the terms, together with the courts view that it was reasonable for the customer to insure against indirect losses, led the Court of Appeal to conclude that the clause was reasonable. In Watford Electronics Ltd v Sanderson CFL Ltd, S appealed against a decision ([2000] 2 All E.R. (Comm) 984) that two clauses purporting to limit liability in respect of a contract it had entered into with W were unreasonable in their entirety. The contract contained an entire agreement clause which stated that no reliance had been made by the parties on statements or representations made by them. Held, allowing the appeal, that the judge had erred in (1) failing to properly identify the scope and effect of the limit of liability clause since the clause did not attempt to exclude liability for pre-contract misrepresentation; (2) failing to treat the obligation agreed to by S in an agenda to the contract, to use best endeavours to allocate appropriate resources to the project in order to minimise potential contractual losses, as an additional obligation to those imposed by the standard terms and conditions, and (3) treating Ws own standard terms of business as irrelevant since they showed that W was well aware of the commercial considerations which would lead a supplier to include limit of liability clauses. This was directly relevant to determining whether such clauses were fair and reasonable having regard to the circumstances which were, or ought to have been known to or in the contemplation of the parties when the contract was made. In SAM Business Systems Ltd v Hedley Co, S, a software company, claimed the sum of GBP 310,510 in respect of the outstanding licence fee for a software system which it had supplied to H, stockbrokers. H counterclaimed substantial damages for alleged defects in the system. Immediately after the system went live H experienced serious problems with it and, a year later, ceased using the system without informing S. One month later, H gave S notice that it intended to reject the system. S subsequently issued proceedings against H submitting that its liability for misrepresentation and breach of contract had been excluded under the contract and, in any event, H had failed to give timely unequivocal notice of rejection pursuant to the process specified in the contract and at the time when H did give notice of rejection it had already gained substantial benefit from it. Held, giving judgment for S, that the exclusion clause fulfilled the requirement of reasonableness under the Unfair Contract Terms Act 1977 , Stewart Gill Ltd v Horatio Myer Co Ltd [1992] Q.B. 600 CA (Civ Div) applied. The parties were of equal bargaining power in terms of size and resources, it was a standard feature of the computer software industry to supply software only on stringent terms excluding all or virtually all liability and H had not even tried to negotiate more favourable terms, Watford Electronics Ltd v Sanderson CFL Ltd [2001] EWCA Civ 317, [2001] 1 All E.R. (Comm) 696 distinguished. Accordingly, notwithstanding that S had waived an entire agreement clause, S was not liable to H for breach of contract or misrepresentation and was entitled to the balance of the outstanding licence fee. If that conclusion was wrong, H had already gained an enormous benefit from using the defective system by the time it notified S of its decision to reject it. If H had had no computer system it would have gone out of business. Accordingly, H would not have been entitled to claim all its money back from S since it had had the benefit of 17 months service from the system, which it would not have had if it had gone through the process specified in the contract to recover its money. The reasonableness of the clause The narrower approach to the construction of in any circumstances combined with the concession that clause 23 did not prevent the defendant from recovering damages in respect of any diminution in the value of the services provided, had the effect of the undermining the approach which Judge Mackie had taken to the reasonableness of clause 23. This being the case, the court of Appeal held that it was entitled to take a fresh view of the reasonableness of the clause. It concluded that the clause was, in fact, reasonable. In so concluding, the Court of appeal had regard to a number of factors. First, it held that in principle it was entirely reasonable for the claimant to restrict damage to loss of profits and consequential losses from the categories of loss for which it could become liable when in breach of contract. Second, the chief executive of the defendant was an intelligent and experienced businessman who was well aware of the claimant standard terms when he entered into the contract and the defendants own standard terms of business contained a similar exclusion of liability in respect of indirect or consequential losses. Third, there was no inequality of bargaining power between the parties and there had been meaningful negotiation between them in relation to the terms of the contract. Although the claimant was by far the bigger enterprise, the presence of competitors who were also seeking to rent out space, gave to the defendant considerable negotiating in relation to the terms of the contrac t. Finally, the third paragraph of clause 23 advised the claimants customers to protect themselves by insurance for the losses with which paragraph was concerned. In the opinion of Lord Justice Rix, it would have been easier for the customers to obtain insurance against business losses than for the claimant to seek to insure against the range of losses that could conceivably by suffered by its customers. As Lord Justice Rix observed, If insurance is left to each business customer, that customer has full autonomy over whether, how and at what price he wishes to insure against business losses. If however, such losses have to be insured by Regus, then that autonomy is lost, and the expense has necessarily to be incurred and transferred to each customers on the form of the fees charged. On the basis of above, the Court of Appeal concluded that the claimant had proved that the third paragraph of clause 23 satisfied the requirements of the reasonableness test. Severance The final issue considered by the Court of Appeal concerned the severance of the third paragraph in clause 23, assuming it to be unreasonable. As has been noted, it was conceded by the defendant that the third paragraph ws severable from paragraph (and it had never been suggested that the fourth paragraph was unreasonable on its own terms). Lord Justice Rix stated that the concession was well made. While clause 23 was not divided up into separate sub-clauses, he held that it was plain that the fourth paragraph was independent of the third paragraph. He also noted that the fourth paragraph was a limitation clause rather than an exclusion clause and, as such, served a different purpose. The willingness of the Court of Appeal to countenance severance in this context is to be welcomed. It would be rather artificial to conclude that severance is only possible in the case where the relevant sub-clauses have been separately numbered. Separate numbering may be a wise step to take but, as the present case demonstrates, it is not mandatory. Whether separate paragraphing is necessary is another matter. It is probably not necessary but the fact that the clause is broken down into separate paragraphs is likely to be of assistance in demonstrating to the court that one paragraph is independent of the other and that the invalidation of one paragraph should not result in the invalidation of other paragraphs in the same clause.

Transformation in Song of Solomon by Toni Morrison Essay -- Song of So

  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  In Song of Solomon by Toni Morrison, the relationships between whites and blacks are a main theme. Throughout the whole novel Morrison adds her own opinions toward the race problems that the characters of Not Doctor Street experience. Poverty is another big issue in the novel and many of the main characters struggle financially. Money becomes a means of escape for many of the characters, especially Milkman and Guitar. For both men their quests for gold leaves them empty handed, but their personalities changed. Milkman’s quest was to be independent, especially since he was still living with his parents. Milkman however, was not poor. His family was considered one of the most financially comfortable black families in town. He was the spoiled son and it was galling but easy to work for his father, easy to be waited on hand and foot by his mother and sisters, far easier than striking out on his own. So his idea of freedom was not really one of working to suppor t himself, but simply having easy money given to him, and not having to give anything to anyone in return. It was his father Macon Jr. who informed Milkman of the possibility of Pilate having millions of dollars in gold wrapped in a green tarp that was suspended from her ceiling. The hidden gold was in Milkman’s opinion his only ticket out of Not Doctor Street, his way of having his own possessions, being free from his parents lending hand. For Guitar it was a way to escape and fund his Seven Days mission.   Ã‚  Ã‚  Ã‚  Ã‚  Though gold was the initial desire, Milkman was able to forget about his quest for money, because his quest for his family history eventually brought him more wealth and happiness than the gold ever would have. When Milkman gives up in his search for gold, he puts himself on a path to discovering his own self, who Milkman was apart from his family. This discovery is what allows him to â€Å"fly† or fall from the cliff at the end of the novel. Guitar however was not able to forget the gold; he believes Milkman has betrayed him so he sets off to follow and to murder his best friend. Poverty led many people like Guitar to join the Seven Days, a racial group that avenges injustices committed against African-Americans by murdering innocent whites. Why if racism and injustice towards blacks rather than economic injustice motivated the group, are all of its member’s poor?   Ã‚  Ã‚  Ã‚  Ã‚  Initially Milkman... ...is past, as well as the mistakes of the people in his community. Milkman fights the oppression much like his great grandfather does by rising above it, and by soaring over his own oppression. Since he used a non-violent stance I felt this could represent Martin Luther King Jr. who helped African Americans to rise above oppression as well. Although he doesn’t bring a change of masses, Milkman himself has changed, and through time he can show others how to ride the wind. Milkman helps to show that flying does not have to be seen as a physical action, but as an ability an individual has to make a life away from oppression, in a world that oppresses many. An individual flying in the novel is seen as a victory over all the obstacles one has to hurdle in life. It’s the character of the individual that determines whether or not you surrender to the wind and fly, or if you stay on the Earth wondering why things never change. Bibliography LeClair, Thomas. "The Language Must Not Sweat: A Conversation with Toni Morrison." Taylor-Guthrie 119-128. Rushdy, Ashraf H.A. "'Rememory': Primal Scenes and Constructions in Toni Morrison's Novels." Contemporary Literature 31.3 (1990): 300-323.

Economic analysis of deposit insurance Essay

Federal deposit Insurance Corporation was an institution set by government back in 1930s to protect depositors fund held by bank. In the great depression of 1930 most depositors lost their fund following the collapse of many banks. After the stock market crash in 1929, financial market was adversely affected and by March 1933 more than 9,000 banks had already failed and this facilitated establishment of FDIC. Henceforth it has been evolving and finding alternative ways of insuring depositors fund against potential bank insolvency. FDIC guarantees a specific amount of deposit and checking for member banks. Since it establishment FDIC paid depositors in 1988 following the banking crisis fueled by high interest rate, inflation, recession and deregulation in the banking sector. More than 200 banks were in a liquidity problem and FDIC had to intervene to settle claims by depositors. Role of deposit insurance in the economy The main purpose of deposit insurance is to create financial stability in the economy. Majority of people did not bother to check whether their deposit was insured under deposit insurance but following the current financial crisis which started in mid 2007 which saw many banks and other company becoming insolvent most people are  Ã‚  increasingly becoming aware of the role and importance of deposit insurance in the economy. The Emergency Economic Stabilization Act of 2008 temporarily increased the basic limit of deposit insurance from $100,000 to $250,000 (Robert, 2009). Advocates of free market view deposit insurance as part of government intervention in the market and criticize it on the basis that a competitive market is self regulating and will act to correct any deviation that occurs in the market. however the great depression of 1930s and the current financial crisis   has proved that the market is not always self regulating and therefore there is a need for government intervention as proposed by Keynes in order to correct deviation in the market. although the classical economist argued that   in a competitive market system price, wages and interest rate would automatically adjust to restore the economy to full employment levels there existed certain factors such as investment demand, money demand, union and monopoly power that inhibited the automatic mechanism assumed by classical writers. Keynes advocate for discretion fiscal policies given the failure of automatic forces as a counter cyclical device to oppose advance trends in business cycles. In period of massive unemployment and depression, expansionary fiscal policy was required by government to solve the problem in less time than automatic forces ever could (Stephen, 2008). Deposit insurance creates confidence among the public and avoid panic withdrawals as those occasioned in UK when information reached the public that northern bank was experiencing liquidity problem and many account holder were queuing to withdraw there money from the bank. During the current financial crisis where many bank were declared insolvent FDIC compensated many deposit holders who  would otherwise lost their deposit. This not only helps to maintain financial stability but also improve economic growth (Robert & George, 2006). Where people receive compensation they will be able to increase the level of spending on goods and services. This increase in aggregate demand forces supplies to increase output in order to satisfy the growing demand. Supplies will in turn require additional input in term of labor, material and capital which reduces unemployment and increase economic growth.   The graph below indicates the role that deposit insurance can play during economic crisis for instance the current financial crisis.

How has the Commercial Banking essays

How has the Commercial Banking essays How has the commercial banking industry transformed over the last fifty years? What are the forces behind such a transformation? Explain in light of environment, risks, profits, and regulations. Highlight the changes in the assets and liabilities of commercial banking. The commercial banking industry began to change drastically around the 1960s. Because the economy was growing rapidly so did the demand for loans. The commercial banking industry main challenge prior to 1960 was finding excess loans and after 1960 their main concern was finding enough deposits to satisfy this increased demand for loans. This increased demand for loans spurred competition among banks in that they tried to outbid each others deposit rates. In an effort to prevent this destructive competition the Federal Reserve passed Regulation Q. Regulation Q was the Federal Reserves way of imposing a ceiling on deposit rates which intended to promote stability among banks. However, one of the major downfalls of Regulation Q was its exclusion of market interest rates. When market interest rates went up money market instruments such as T-Bills and commercial paper became more attractive to investors, specifically Corporations. Because these high-quality borrowers decided to invest i n commercial paper banks were forced to lend to riskier individuals. Moreover, the financial landscape of the commercial banking industry changed largely in part due to the invention of Money Market Mutual Fund in 1971. This marked the beginning of the end for Regulation Q. Money Market Mutual Funds allowed small investors to pool funds to buy a diversified portfolio of money market instruments, such as T-Bills, commercial paper, and negotiable certificates of deposits (CDs). Before the availability of Money Market Mutual Funds it was virtually impossible for small investors to invest in these instruments because they were only sold in large den...

Similarities Between The Two Political Parties †Political Science Essay

Similarities Between The Two Political Parties – Political Science Essay Free Online Research Papers Similarities Between The Two Political Parties Political Science Essay The way our nation mourned the death of Ronald Reagan has not been seen since Kennedy’s untimely death. The number of people which paid their respects was astonishing and unforeseen. When we reflect on Reagan’s time in office, one word comes to mind. That word is â€Å"conviction†. It does not matter to us today if we agreed with Reagan’s policies. What mattered was he was the last president that stood for something. This is what we remember and respect. Since his tenure, we have had a president that wanted Americans to read his lips not his actions. Then he lost to a man which won the election with less than fifty percent of the vote and four years later, the man was re-elected with less than fifty percent. Then there was the 2000 election. Most people saw Florida as a fiasco, but the real fiasco was the candidates themselves. We had a compassionate conservative running against a moderate liberal, and their shared indecisiveness made Florida and the general election a fiasco. The Democrats and the Republicans presented candidates to entice moderates and the outcome was indecisive voting. Americans do not want to admit it, but mos t of us are moderate. People lean to the left on some issues and to the right on other issues. Any excessive opinions are usually rhetoric that is used to get attention. Even though Democrats and Republicans have many differences, they do not act their differences for fear of alienating voters resulting in indistinguishable candidates and a low voter turnout. There are vast differences between Democrats and Republicans in ideology, but they both lack confidence to act. In the article, â€Å"Public Participation and the Erosion of Democracy† Ralph Nader writes, â€Å" In eight years under Clinton/Gore, the Occupational Safety and Health Administration didn’t issue one chemical toxin control standard†¦.They gave a free ride to the nuclear industry, including not proposing any fuel efficiency standards improvements in eight years† (Public). The lack of toxin control, a free ride to the nuclear industry, and no fuel standards are what a Republican would do. The Democratic platform is pro-environment and pro-labor, but Clinton did not have the fortitude to enforce his party’s platform. The possibility of alienating a section of the voting public fueled his reluctance. In an interview with Steve Kopp, a reporter for The Plain Dealer’s Washington Bureau, he talks about tort reform and how Republicans in th e House got a bill on tort reform passed. Unfortunately, the Senate Republicans will not push this bill instead they have their own bill that has a lot of extras tacked on giving it no chance of passing. They do not want to upset any of their colleagues in the private sector which might be able to sue McDonalds when people spill coffee on their lap. Tort reform laws have been a major issue for the Republican Party; in addition, labor and the environment issues has been the same for Democrats, but their lack of action is a self-preserving tactic for re-election. In an attempt to expand their electorate, candidates modify their positions. Merill J. Adams writes, â€Å"As the Democratic candidate moves in the positive direction (to the right), he draws support away from the Republican candidate in the region near the midpoint between the two candidates† (Journal).This approach is used on both sides to centralize a candidate. According to Martin P. Wattenberg’s findings in his book The Decline of American Political Parties, from 1952- 1980, â€Å"The proportion of voters reporting that hey have voted for different parties in presidential elections has risen from 29 to 57 percent† (20). This strategy works, but the title of his book hints at the result. Wattenberg writes, â€Å"The growth in proportion of the ‘no preference’ response can be most plausibly interpreted as another indication of the declining salience of political parties in the American political process†¦Ã¢â‚¬  (Decline 49). When a candidat e centralizes his or her views, he or she loses distinction. Consequentially, voters are left with candidates with no conviction towards any issue, and voters have less enthusiasm for voting. Because candidates are indecisive in their political idealism, the outcome is a lower voter turnout. In his book, Where Have All the Voters Gone? Wattenberg writes, â€Å"The psychological approach has further identified the problem to be primarily one of a lack of motivation to vote, particularly stemming from party decline† (67). When political incumbents and challengers centralize their message, potential voters see this as voting for the lesser of two evils. Our recent presidential elections show that the candidates’ indecisiveness was reflected on the election results. When Bob Dole spoke at the 1996 Republican convention, he only mentioned his party twice, he did not mention the Democrats, and he made only a slight reference to his career as a Republican Senator. When Bill Clinton spoke at the Democrat’s convention, he used a similar strategy (Decline 221). Dole and Clinton down-played their party affiliations to further their centralized message, and as a result, a low turnout and minority vote won the election for Clinton. The first two presidential elections in 1960 had a turnout percentage of 62.4 percent; conversely, the two most recent elections had a turnout of 50.1 percent (Where 28). Wattenberg gathered the voter turnout data from the International Institute for Democracy and Electoral Assistance, and it illustrates the percentage of people that actually want to vote has declined. There is evidence to support that a low voter turnout can be linked to how hard it is to vote. Wattenberg writes, â€Å"It is reasonable, I believe, to infer that if voting is difficult for some of those who manage to vote that others must be discouraged from casting a ballot due to the complexity of the task† (Where 142). Regardless of the candidate’s message there is still stanch partisanship, and it is the driving force behind our democratic process. To deny it would be futile. From an article in the New York Times, John Tierney writes, â€Å"As moderates have become an endangered species in Congress and in state legislatures, the parties’ ideological divisions have deepened, and voters have realigned in response† (4.11) Those of us from working class families remember our parents view on political parties, and they were always distinctive. During the 1970’s, the general consensus was that Republicans were for the rich, and Democrats were for eve rybody else. This view has not changed a great deal, and party leaders are wise to these ideals. The tendency to be indecisive has taken a turn recently, and partisan attitudes have increased. It is an election year, so members of Congress need to strengthen their allegiance to their parties in order to maintain their campaign support. Steve Kopp says, â€Å"Most members of congress are moderates [but] there is no bipartisanship today†. Although he believes the majority in Congress is moderate, he acknowledges they have drawn proverbial lines in the sand to insure their position. John Tierney explains Congressional strategy he writes, â€Å"The only threat to incumbents comes from within the party, forcing them to appeal to partisan voters who dominate primaries† (4.11). They need to show their loyalty to insure campaign support in primary elections. The major issues of the day like the Iraq war have polarized the nation and its leaders. As a result, this upcoming elec tion will be a decision on decisive ideals and issues more than the recent past, but what will the winner of this election actually do? The two major parties in American politics have distinct differences, yet they do not decisively employ their diversity for significant change. They would rather use a self-preserving approach, or try to appeal to the broadest range of the electorate. The effect is they become impossible to differentiate, which has a negative consequence. The decline of voter turnout in recent times is the result of similar candidates representing each party. People have been voting for the lesser of two evils until this election year, and the promise of diversity between the candidates is a positive step. It is about time we have something we can truly stand behind or completely oppose. Those of us that promote voting and see it as a civic duty finally have solid issues that they can use to entice the voting public. All we need now is a leader that will follow up on the ideals that wins the election. Someone that stands up for his or her beliefs, bravely conveys those beliefs, and calls out adversity. Imagine going to vote without it feeling like a burden of some kind, but a chance to really feel like you are making a difference instead of an agonizing status quo. Work Cited Adams, J. Merill. â€Å"Voter Turnout and Candidate Strategies in American Elections.† Journal of Politics 65.1 (2003) Kopp, Steve. Telephone interview. 7 July 2004 Nader, Ralph. â€Å"Public Participation and the Erosion of Democracy.† Humanist 64.1 (2004) 20-25 Tierney, John. â€Å"A Nation Divided? Who Says?† New York Times 13 June 2004, late ed.:4.11 Wattenberg, Martin P. The Decline of American Political Parties, 1952-1996. Cambridge: Harvard United Press, 1999 Where Have All The Voters Gone. Cambridge: Harvard United Press, 2002 Research Papers on Similarities Between The Two Political Parties - Political Science EssayQuebec and CanadaMoral and Ethical Issues in Hiring New Employees19 Century Society: A Deeply Divided EraPETSTEL analysis of IndiaNever Been Kicked Out of a Place This NiceCapital PunishmentTwilight of the UAWAppeasement Policy Towards the Outbreak of World War 2Bringing Democracy to AfricaThe Effects of Illegal Immigration

Plastic Surgery Essay Example | Topics and Well Written Essays - 1000 words - 1

Plastic Surgery - Essay Example This ideal person is usually someone of a mid-20ish age, slender, with specific measurements and a certain good-looking charm. This limited view automatically rejects anyone with a larger bone structure or other ‘defect’ from being socially acceptable. Those who can both afford to purchase the ‘right’ look and who are fortunate enough to be a candidate for surgery are seen to have the ideal life. Their outward appearance automatically indicates they also have wealth, happiness and freedom. However, even for these people, this restricted view of the ideal has several negative effects on the individual as well as society. With so much attention given to the way a person looks on the outside as being the only social measure, there is very little room for internal characteristics to receive their rightful attention. People also spend so much time obsessing about the way they look that there is little time or energy for personal development. This shallow, obsessi ve view can be especially seen in the alarming numbers of teenagers, both male and female, seeking plastic surgery, because it can be potentially harmful to the individual’s psychological nature and physical health, and as it is perpetuated by their role models and peers and encouraged or supported by their parents and elders. As it becomes more socially acceptable, more people are turning to cosmetic surgery to enhance their bodies while they’re still attending high school. They are working to construct the ideal form without giving their bodies a chance to finish growing. Many adolescents (and the parents that allow them to seek these types of surgery) don’t seem to realize that plastic surgery is still surgery. Surgery of any type can have significant physical and physiological risks, especially when performed on bodies that have not yet completed their growth cycle. Although some parents might argue that a child has definitely finished growing, doctors have reported sending

Geography Essay Example | Topics and Well Written Essays - 500 words - 4

Geography - Essay Example now an ever-present danger of homogeneity and important cultural aspects of a nation are being gradually replaced such as the national language that is slowly being replaced by English. Europe today is considered an old continent in demographic terms. Most of European nations suffer from slower birth rates and longer lifespans due to advances in medicine. These two factors combined to make most European nations suffer from declining populations with profound implications for economic growth, its pension system and competitiveness. There is now a growing backlash against immigration to Europe from the outside as it undermines the respective national identities. This makes multi-culturalism a very tricky issue with most host countries. The recent killings in Oslo, Norway is symptomatic of the cultural clashes in which Europe is being gradually Islamized by the tide of immigrants who are attracted to Europes progressivism in its social, political and economic policies (Hegghammer 1). Asylum seekers abuse these policies and claim asylum status although not qualified; many immigrants simply want to avail the generous benefits provided by European countries. Some call fo r a counter-jihad. Recent internal migrations from those poorer countries do not solve overall population decline. Europe does not have a common culture except perhaps its social democracy today. Essay 2 – the breakup of the USSR and the collapse of the Soviet communist system has profound effects on its economy and culture. The shift towards the capitalist free-market economic system has left many former members of the Russian Domain struggling to adjust. Some countries that were lucky enough to have natural resources are benefiting from the new liberalization and privatization programs implemented to attract foreign direct investments to their countries. Examples are Ukraine (with a good agricultural economy and a manufacturing base that is quite robust) and some Central Asian countries like