In times of conflict Essay

Conflict is both certain and unavoidable. Although conflict is mostly a terrible thing, it is because of conflict that the true nature of ordinary people is seen. The way people behave in times of conflict show who we are and how we are seen in civilization. There are some who, motivated by fear, conduct themselves in a disgraceful way during conflict but there are some who are able to rise above and act in extraordinary ways in times of conflict. This is evident in the history of Oskar Schindler, one of few who cared for the Jewish community during the holocaust and managed to save 1,200 Polish Jews. People don’t need to be known to be motivated to do great things, the unknown protester referred to as â€Å"Tank Man† risked his life during the Tiananmen Protests†¦ The defiance of â€Å"Tank Man† are also shown in the film Paradise Road as the women of a Japanese POW camp during World War 2 rebel by the use of a vocal orchestra. The Holocaust is one of the w orst things to happen in history, Nazis treated Jewish people like animals and killed over 6 million of them. Although the Jewish community was seen as an inferior race that didn’t deserve to live, there were many that sought to help them. Many people would hide Jewish families in their houses, risking their lives to save others as they knew it was the right thing to do. Oskar Schindler is an example of how an ordinary person can do extraordinary things during conflict, throughout the holocaust he managed to save approximately 1,200 Jewish people. As being a part of the Nazi party, Schindler was an unlikely ‘hero’ for the Jewish people, he was a businessman who made his money out of exploiting a cheap source of labour, the Jews. Schindler was a wealthy man, but he gave it all up to save the Jewish people that he employed, his courage and audacity saved over 1,200 Jews from the ‘final solution’, but left him with nothing, except respect from the Jewish community. Schindler saved these people through bribery and his ammunitions factory. He persuaded German offi cials to agree to build a camp for his workers close to the factory to cut down travel time and cost, he also bribed the guards and smuggled in food, clothing and medication to the camp. Schindler continued to make his factory a safe haven by continuing to bribe guards to make them stay outside the fence and denying entrance to anybody who hadn’t had his permission, Schindler would even sleep in his office at night to stop the `night calls’ the Gestapo (the ‘secret police’ of Nazi Germany) would make. Schindler’s factory was useless to the German army,  Schindler made sure that there was no working armoury coming from it. With his boldness came great danger, Schindler was arrested several times and was only saved through his Nazi party connections. When the war was over Schindler was honoured by the Jews but rejected by his own countrymen. Although Schindler is a very well-known person, there are many who remain nameless despite their great actions during conflict. People don’t do extraordinary things for fame or recognition they do it because they know it’s the right thing to do. Twenty years ago, on June 5, 1989, following weeks of huge protests in Beijing and a crackdown that resulted in the deaths of hundreds, a lone man stepped in front of a column of tanks rumbling past Tiananmen Square. The moment instantly became one of the most iconic images of the twentieth century, a symbol of the protests as well as a symbol against oppression worldwide, an anonymous man referred to as the ‘Tank Man’ acted in defiance and was seared into people’s minds around the world. The man stood in the middle of a column of approaching Type 59 tanks. With nothing or no one but 2 shopping bags in each hand the man was able to get the tanks to stop, as the tanks repeatedly tried to drive around the man, he simply followed in a show of nonviolent action, stopping the tanks further progression. After the tanks stopped their engines the man climbed on top of the tank and began talking to the driver. The man’s identity still remains a mystery and the menti on of the man is frowned upon in China but because of the tank man’s courageous act, people around the world use him as a symbol of oppression. The same defiance can be seen in the film Paradise Road. When looking at the tank man and references of paradise road, what is revealed is the inner courage and defiance that comes out in times of conflict when their life is on the line. During World War 1 many innocent women and children were captured and detained in Japanese prisoner of war camps. The true story of Vivian Bullwinkel, Betty Jeffrey and many others formed the basis of the film. As Japan never signed the Geneva Convention women and children were never off limits and were treated just as bad as men, as the ones the Japanese despised the most were â€Å"Europeans, then prisoners, then women†. The poor treatment, living condition, sexual harassment and constant oppression caused many of the women to start a vocal  orchestra as a way of keeping their spirits alive. One of the main characters that came up with the idea of an orchestra, Margaret, understood that many of the women in camps willpower to survive had vanished and realised the orchestra would boost morale of the prisoners. By the end of the film, Margaret passes away and although the women are not strong enough to sing for her funeral they begin to smack rocks together in a beat. As normally the Japanese would not allow such noise, this act is a direct defiance to them, showing that they still have a bit of control. It is clear to see, through conflict such as the holocaust that Oskar Schindler was involved in, the Tiananmen Protests where the unknown defiance of ‘Tank Man’ was seen, along with the defiance of the prisoners in the film Paradise Road, show that people are definitely capable of extraordinary things when under the influence of conflict.

Ban on Plastics

Despite a popular demand for it, and Delhi, Jammu & Kashmir, West Bengal and Himachal Pradesh having already set a precedent, India will not have a blanket ban on plastic carry bags. The Environment Ministry has instead proposed putting in place a stricter regulatory regime for plastic manufacturers. If the manufacture of ‘biodegradable’ plastic carry bags is planned to be made mandatory, that too in strict adherence to the Bureau of Indian Standards (BIS) specifications, the stress is also on ‘better waste management’. That the Ministry would not go in for a blanket ban was clear on Thursday when it came out with its public notice on its draft notification for the new Plastic (Manufacture, Usage and Waste Management) Rules, 2009. A senior Environment Ministry official justified it saying, â€Å"There cannot be a blanket ban. Except, perhaps for Bangladesh, no other country has it. So, the new Rules have proposed a ban on the manufacture, stock, distribution and sale of any recycled, biodegradable and virgin plastic bags which is less than 18Ãâ€"12 inches in size and less than 40 microns in thickness. It will help in a better post-use collection (by rag pickers).† The Ministry will issue a final notification by factoring in the necessary responses to the draft received in the next 60 days. The new proposals are in line with Environment Minister Jairam Ramesh’s assertions in the Parliament that a complete ban on plastic would result in felling of more trees as people would switch to paper bags, a by-product of wood. He had advocated the promotion of biodegradable plastic carry bags instead, even as he blamed the municipal bodies for failing to properly dispose or recycle solid waste. Ramesh’s statement had then drawn sharp criticism from Delhi Chief Minister Sheila Dikhsit. Focusing more on the plastic manufacturers, the Ministry has now proposed that every plastic manufacturer should compulsorily code or mark each plastic bag whether it’s recycled, virgin or biodegradable along with its size and thickness. The manufacturer’s name, address and registration number issued by State Pollution Control Boards should also be marked in Hindi, English and local language, on each plastic carry bag or container. The new proposals have evoked a mixed response though. â€Å"There should be a uniform yardstick across the country. Delhi has banned plastic but Maharashtra has not. Biodegradable plastic is used in Delhi but not here. Our managing committee is meeting today to finalise our stance on the Environment Ministry’s new proposals,† Mahendra B Parmar, president, All India Plastic Manufacturers Association (AIPMA), told The Pioneer over telephone from Mumbai. India’s plastic industry is worth Rs 50,000 crore and provides employment to around 50 lakh workers. And plastic accounts for 3.9 per cent of India’s solid waste. Amiya Kumar Sahu, president, National Solid Waste Association of India, however, said the codification mechanism would help in a better solid waste management, as it would need even the smaller or illegal manufacturers to have a technology upgradation. â€Å"The big manufacturers are surely going to benefit then,† he pointed out.

Steinberg V the Chicago Medical School

Steinberg v The Chicago Medical School Appellate Court of Illinois, First District, Third Division. Mejda, P. J. , and McGloon, J DEMPSEY, Justice: In December 1973 the plaintiff, Robert Steinberg, applied for admission to the defendant, the Chicago Medical School, as a first-year student for the academic year 1974–75 and paid an application fee of $15.The Chicago Medical School is a private, not-for-profit educational institution, incorporated in the State of Illinois. His application for admission was rejected and Steinberg filed a class action against the school, claiming that it had failed to evaluate his application and those of other applicants according to the academic entrance criteria printed in the school's bulletin.Specifically, his complaint alleged that the school's decision to accept or reject a particular applicant for the first-year class was primarily based on such nonacademic considerations as the *806 prospective student's familial relationship to members of the school's faculty and to members of its board of trustees, and the ability of the applicant or his family to pledge or make payment of large sums of money to the school.The complaint further alleged that by using such unpublished criteria to evaluate applicants the school had breached the contract, which Steinberg contended was created when the school accepted his application fee. In his prayer for relief Steinberg sought an injunction against the school prohibiting the continuation of such admission practices, and an accounting of all application fees, donations, contributions and other sums of money collected by the school from its applicants during a ten-year period prior to the filing of his suit.He did not ask the court to direct the school to admit him, to review his application or to return his fee. The defendant filed a motion to dismiss, arguing that the complaint failed to state a cause of action because no contract came into existence during its transaction with Stein berg inasmuch as the school's informational publication did not constitute a valid offer. The trial court sustained the motion to dismiss and Steinberg appeals from this order. The 1974–75 bulletin of the school, which was distributed to prospective students, epresented that the following criteria would be used by the school in determining whether applicants would be accepted as first-year medical students: ‘Students are selected on the basis of scholarship, character, and motivation without regard to race, creed, or sex. The student's potential for the study and practice of medicine will be evaluated on the basis of academic achievement, Medical College Admission Test results, personal appraisals by a pre-professional advisory committee or individual instructors, and the personal interview, if requested by the Committee on Admissions. In his four-count complaint Steinberg alleged, in addition to his claim that the school breached its contract (Count I), that the school 's practice of using selection standards which were not disclosed in the school's informational brochure, constituted a violation of the Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. , **589 1973, ch. 121 1/2, par. 261, et seq. ) and of the Uniform Deceptive Trade Practices Act (Ill. Rev. Stat. , 1973, ch. 121 1/2, par. 311, et seq. ) (Count II); fraud (Count III), and unjust enrichment (Count IV).Since we are in accord with the trial court's decision that the complaint did not state a cause of action under Counts II, III and IV, we shall limit our discussion to Count I. A contract is an agreement between competent parties, based upon a consideration sufficient in law, to do or not do a particular thing. It is a promise or a set of promises for the breach of which the law gives a *807 remedy, or the performance of which the law in some way recognizes as a duty. Rynearson v. Odin-Svenson Development Corp. (1969), 108 Ill. App. 2d 125, 246 N. E. 2d 823.A contrac t's essential requirements are: competent parties, valid subject matter, legal consideration, mutuality of obligation and mutuality of agreement. Generally, parties may contract in any situation where there is no legal prohibition, since the law acts by restraint and not by conferring rights. Berry v. De Bruyn (1898), 77 Ill. App. 359. However, it is basic contract law that in order for a contract to be binding the terms of the contract must be reasonably certain and definite. Kraftco Corp v. Koblus (1971), 1 Ill. App. 3d 635, 274 N. E. 2d 153. A contract, in order to be legally binding, must be based on consideration. Wickstrom v.Vern E. Alden Co. (1968), 99 Ill. App. 2d 254, 240 N. E. 2d 401. Consideration has been defined to consist of some right, interest, profit or benefit accruing to one party or some forbearance, disadvantage, detriment, loss or responsibility given, suffered or undertaken by the other. Riddle v. La Salle National Bank (1962), 34 Ill. App. 2d 116, 180 N. E. 2 d 719. Money its a valuable consideration and its transfer or payment or promises to pay it or the benefit from the right to its use, will support a contract. In forming a contract, it is required that both parties assent to the same thing in the same sense (La Salle National Bank v.International Limited (1970), 129 Ill. App. 2d 381, 263 N. E. 2d 506) and that their minds meet on the essential terms and conditions. Richton v. Farina (1973), 14 Ill. App. 3d 697, 303 N. E. 2d 218. Furthermore, the mutual consent essential to the formation of a contract, must be gathered from the language employed by the parties or manifested by their words or acts. The intention of the parties gives character to the transaction and if either party contracts in good faith he is entitled to the benefit of his contract no matter what may have been the secret purpose or intention of the other party.Kelly v. Williams (1911), 162 Ill. App. 571. Steinberg contends that the Chicago Medical School's informatio nal brochure constituted an invitation to make an offer; that his subsequent application and the submission of his $15 fee to the school amounted to an offer; that the school's voluntary reception of his fee constituted an acceptance and because of these events a contract was created between the school and himself.He contends that the school was duty bound under the terms of the contract to evaluate his application according to its stated standards and that the deviation from these standards not only breached the contract, but amounted to an arbitrary selection which constituted a violation of due process and equal protection.He concludes that such a breach did in fact take place each and every time during the past ten years that the school evaluated applicants according to their *808 relationship to the school's faculty members or members of its board of trustees, or in accordance with their ability to make or pledge large sums of money to the school. Finally, he asserts that he is a member and a proper representative of the class that has been damaged by the school's practice. The school counters that no contract came into being because informational brochures, such as its bulletin, do not constitute **590 offers, but are onstrued by the courts to be general proposals to consider, examine and negotiate. The school points out that this doctrine has been specifically applied in Illinois to university informational publications. People ex rel. Tinkoff v. Northwestern University (1947), 333 Ill. App. 224, 77 N. E. 2d 345. In Tinkoff, a rejected applicant sued to force Northwestern to admit him, claiming that the university had violated the contract that arose when he demonstrated that he had met the school's academic entrance requirements and had submitted his application and fee.His primary contention was that the school's brochure was an offer and that his completion of the acts, required by the bulletin for application, constituted his acceptance. In rejectin g this argument, the court stated: ‘Plaintiffs complain Tinkoff, Jr. was denied the right to contract as guaranteed by the Illinois and United States constitutions. We need only say that he had no right to contract with the University. His right to contract for and pursue an education is limited by the right which the University has under its charter.We see no merit to plaintiff's contention that the rules and regulations were an offer of contract and his compliance therewith and acceptance giving rise to a binding contract. The wording of the bulletin required further action by the University in admitting Tinkoff, Jr. before a contract between them would arise. ‘ The court based its holding on the fact that Northwestern, as a private educational institution, had reserved in its State charter the right to reject any application for any reason it deemed adequate.Although the facts of the Tinkoff case are similar to the present situation, we believe that the defendant's re liance upon it is misplaced. First, Steinberg is not claiming that his submission of the application and the $15 constituted an acceptance by him; he is merely maintaining that it was an offer, which required the subsequent acceptance of the school to create a contract. Also, it is obvious that his assertion that the bulletin of the school only amounted to an invitation to make an offer, is consistent with the prevailing law and the school's own position.More importantly, Steinberg is not requesting that the school be ordered to admit him as a student, pursuant to the contract, but only that the school be prohibited from misleading prospective students by stating *809 in its informational literature, evaluation standards that are not subsequently used in the selection of students. Furthermore, the school does not allege, nor did it demonstrate by way of its bulletin or its charter that it had reserved the right to reject any applicant for any reason. It only stated certain narrow st andards by which each and every applicant was to be evaluated.In relation to the preceding argument, the school also maintains that the $15 application fee did not amount to a legal consideration, but only constituted a pre-contracting expense. Consequently, the school argues that as a matter of law the $15 is not recoverable as damage even if a contract was eventually entered into and breached. Chicago Coliseum Club v. Dempsey (1932), 265 Ill. App. 542. In the Dempsey case, boxing promoters incurred expenses and entered into several contracts that were necessary for the staging of a heavyweight championship fight.However, most of the contracts were entered into prior to signing Dempsey (the then heavywright champion) for the event. For example, approximately a week prior to Dempsey's signing, the plaintiff entered into a contract with a fighter named Wills, who was to be the champion's opponent. Dempsey signed a contract but later breached it, and the fight promoters sued him for e xpenses incurred by them under the Wills contract and under other contracts **591 which had been entered into by them in anticipation of the champion signing a contract and fulfilling his obligation thereunder.The court stated: ‘The general rule is that in an action for a breach of contract a party can recover only on damages which naturally flow from and are the result of the act complained of. . . . The Wills contract was entered into prior to the contract with the defendant and was not made contingent upon the plaintiff's obtaining a similar agreement with the defendant Dempsey. Under the circumstances the plaintiff speculated as to the result of his efforts to procure the Dempsey contract. . . Any obligations assumed by the plaintiff prior to that time (of contracting with Mr. Dempsey) are not chargeable to the defendant. ‘ The defendant's reliance on the Dempsey case is also misplaced. Although it is a leading case for the proposition that expenses incurred during p reliminary negotiations to procure a contract are not recoverable as damages, it has no relevance to the allegations of Steinberg's complaint. The defendant misconceives and misstates his position when it asserts that the Tinkoff and Dempsey cases ‘are completely ispositive of plaintiff's argument that the informational brochure constituted an ‘offer' to evaluate applicants solely on the basis of criteria set forth therein, and the submission of an application with the $15. 00 fee the ‘consideration' *810 binding that offer and effecting a consummated contract. ‘ He does not claim that the brochure was an offer and his submission of a fee an acceptance of that offer. To repeat, what he does claim is that the brochure was an invitation to make an offer; that his response was an offer, and that the school's retention of his fee was an acceptance of that offer.We agree with Steinberg's position. We believe that he and the school entered into an enforceable contr act; that the school's obligation under the contract was stated in the school's bulletin in a definitive the school's stated criteria. application fee–a valuable consideration–the school bound itself to fulfill its promises. Steinberg accepted the school's promises in good faith and he was entitled to have his application judged according to the school's stated creiteria.The school argues that he should not be allowed to recover because his complaint did not state a causal connection between the rejection of his application and the school's alleged use of unpublished evaluation criteria. It points out that there is an equal probability that his application was rejected for failing to meet the stated standards, and since the cause of his damages is left to conjecture they may be attributed as easily to a condition for which there is no liability as to one for which there is. This argument focuses on the wrong point.Once again, Steinberg did not allege that he was damage d when the school rejected his application. He alleged that he was damaged when the school used evaluation criteria other than those published in the school's bulletin. This ultimate, well-pleaded allegation was admitted by the school's motion to dismiss. Logan v. Presbyterian-St. Luke's Hospital (1968), 92 Ill. App. 2d 68, 235 N. E. 2d 851. The primary purpose of pleadings is to inform the opposite party and the court of the nature of the action and the facts on which it is based.The Civil Practice Act of Illinois provides that pleadings shall be liberally construed to the end that controversies may be settled on their merits. Jorgensen v. Baker (1959), 21 Ill. App. 2d 196, 157 N. E. 2d 773; Ill. Rev. Stat. , 1973, ch. 110, par. 33(3). Therefore, a cause of action should not be dismissed unless it clearly appears that no set of facts can be proven under the pleadings which will entitle the plaintiff to recover. **592 Herman v. Prudence Mutual Casualty Co. (1968), 92 Ill. App. 2d 22 2, 235 N.E. 2d 346. Additionally, a complaint will not be dismissed for failure to state a cause of action if the facts essential to its claim appear by reasonable implication. Johnson v. Illini Mutual Insurance Co. (1958), 18 Ill. App. 2d 211, 151 N. E. 2d 634. A complaint is not required to make out a case which will entitle the plaintiff to all of the sought-after relief, but it need only raise a fair question as to the existence of the right. People ex rel. Clark v. McCurdie (1966), 75 Ill. App. 2d 217, 220 N. E. 2d 318.Count I of Steinberg's complaint stated a valid cause of action, and the portion of the trial court's order dismissing that count will be reversed and remanded. Alternatively, the school asserts that if Steinberg is entitled to recover, the recovery should be limited to $15 because he is not a proper representative of the class of applicants that was supposed to be damaged by the school's use of unpublished entrance standards. Fundamentally, it argues that it had no contract with Steinberg and since he does not have a cause of action, he cannot represent a class of people who may have similar claims.We have found, however, that he does have a cause of action. The primary test for the validity of a class action is whether the members of the class have a community of interest in the subject matter and the remedy. Smyth v. Kaspar American State Bank (1956), 9 Ill. 2d 27, 136 N. E. 2d 796. Even if the wrongs were suffered in unrelated transactions, a class action may stand as long as there are common factual and legal issues. Gaffney v. Shell Oil Co. (1974), 19 Ill. App. 3d 987, 312 N.E. 2d 753. The legal issue in this case would be the same as to each member of the class, and the factual issue–the amount payed by each member, an application fee of $15– identical. Steinberg alleged that in applying for admission to the school, each member of the class assumed that the school would use the selection factors set out in its 1974†“75 bulletin, and that admission fees were paid and contracts created, but that each contract we breached in the same manner as his.This allegation established a community of interest between him and the other members of the class in terms of subject matter and remedy, and since he has a valid cause of action against the school, the class has also. He is a proper representative of the class and his suit is a proper vehicle to resolve the common factual and legal issues involved even though the members of the class suffered damage in separate transactions. However, the class action cannot be as extensive as Steinberg's complaint requested.Recovery cannot be had by everyone who applied to the medical school during the ten years prior to the filing of his complaint. His action was predicated on standards described in the school's 1974–75 brochure; therefore, the class to be represented is restricted to those applicants who sought admission in reliance on the standards in that brochure. We agree with the school's contention that a State through its courts does not have the authority to interfere with the power of the trustees of a private medical school to make rules concerning the admission of students.The requirement in the case of public schools, applicable because they belong to the public, that admission regulations *812 must be reasonable is not pertinent in the case of a private school or university. 33 I. L. P. Schools, s 312. We also agree that using unpublished entrance requirements would not violate an applicant's right to due process and equal protection of law. The provisions of the due process clause of the Federal constitution are inhibitions upon the power of government and not upon the freedom of action of private individuals. 16 Am.Jur. 2d, **593 Constitutional Law, sec. 557. The equal protection clause of the 14th Amendment does not prohibit the individual invasion of individual rights. Gilmore v. City of Montgomery (1974), 417 U. S. 55 6, 94 S. Ct. 2416, 41 L. Ed. 2d 304. The order dismissing Counts II, III and IV is affirmed. The order dismissing Count I is reversed. The cause is remanded for further proceedings not inconsistent with the views expressed in this opinion. Affirmed in part; reversed in part and remanded with directions. MEJDA, P. J. , and McGLOON, J. , concur.

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Describe an imaginary place that young children would enjoy.Write the Essay

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Islamic Finance Law - Dissertation Example The paper would therefore be analysing the role of Islamic finance in the fast transforming environment of global economy with the view that it has brought in more radical but ethical paradigms within financial system of contemporary times. Historical background The Ottoman Empire in the pre WWI era has perhaps been the most prominent exponent of using tenets of Islamic finance in their trade and business transactions. The close trade relationship with their European counterparts, Islamic finance was closely aligned with that of European financial system. The system worked on the basis of sharing of profit and loss (Chachi, 2005). But post WWI and WWII brought into focus the divergent ideologies of two financial system into sharp focus. While the western economy and financial system was based on interest bearing instruments, Islamic finance was rigidly guided by the religious tenets of Islam which forbids transactions based on interests or gains made through unethical means (Ahmad, 1 972)). In the contemporary times, Islamic finance has seen unprecedented growth primarily because of its fundamental principles based on Shariah guidelines (Anwar, 2008; Sundararajan & Errico, 2002). Principles of Islamic law and financial transactions under it Islamic finance is based on Islamic law that conforms to the Shariah guidelines of ethical practices in personal and business arena. Thus, Shariah can broadly be referred as Islamic law that defines the duties of man and the way they should be carried out (Vogel & Hayes, 1998; Hasanuzzaman, 1997). Shariah is part of Quran, the religious scripture of Muslims and is written in Arabic language. The interpretation of Shariah scholars therefore, may differ but the fundamental principle of ethics remains same. But Hadith, qiyas, idjma and fatwas are also key sources which inspire the ethical and moral considerations within the business transactions in Islamic finance (El-Gamal, 2006; Shahrukh, 1997; Pryor, 1985). Shariah principles are based on equity and prohibit financial transactions and activities that incorporate gharar (uncertainty), maiser (gambling) and riba (interest income) (Thomas, 2005; Nienhaus, 1986; Hasanuzzaman, 1994). The shariah compliance is vital element of Islamic finance products. Interestingly in the current times of highly sensitive global market, Islamic finance offers huge incentives in terms of ethically delivered financial instruments in myriad areas of finance (Venardos, 2005; Cooper, 1997; Ariff, 1988). It has made forays into banking, market risks and credit, insurance, liquidity management etc. and is fast emerging as credible alternative investment forum. Main Sharia compliant transaction structure and how they are used in practice All Islamic financial institutions are distinct in their constitution of board that comprises of financial experts and shariah scholars who evaluate the validity of financial instruments as per shariah principles. It uses various financial structure s that conform to shariah but at the same time, adequately meet the needs of people in the contemporary times (Hasanuzzaman, 1971; Saeed, 1995). Some of those financial methodologies can be defined as under: Zakah: It is vital instrument that promotes social justice by ensuring that people who own more than nisab (basic need) must make donation of 2.5% of their yearly assets. The social funds are used to meet the needs of the poor. Murabaha:

Environmental Law, Case Briefings Study Example | Topics and Well Written Essays - 1000 words

Environmental Law, Briefings - Case Study Example ach exemption were made, it was found that it failed to comprise of the consequences of the measurements; moving on it was found that the court could not review the specific legal conclusion and its reasonableness until and unless the EPA discussed the estimate of assimilative-capacity loss and went to clarify why it thought of them as insignificant; Further the approval of EPA of Kentucky's categorization of certain waters as appropriate for Tier I rather than Tier II protection was not arbitrary, contrary to law and capricious. Thus the case was remanded to the EPA and it was allowed to take into account of and then properly address the paucity in consideration the exceptions known as de minimis. The case involved a ruling under National Environmental Policy Act (NEPA) and there wee many defendants and plaintiffs. The case concerned the use of genetically modified crops which was a controversial practice and to be precise it was the use of hebicide resistance alfalfa which was produce by Monsanto. The facts concerned Monsanto Company which had been involved in large scale production of chemical products including the herbicides and pesticides. It developed a new genetically modified alfalfa in 1990s which was approved by the Animal and Plant Health Inspection Service (APHIS) in 2005. This is an appeal for injunction which pending the environmental impact statement(EIS) was sought by the plaintiffs Geertson Seed Farms and Trask Family Seeds (conventional alfalfa-seed farms) and environmental groups who argue that such cross-pollination may cause conventional alfafa to finish. Monsanto and its licensee have been on the side of the governments and acted as the defendants. The Court of Appeal cited the decision of injunction which had been given by the district court and it was stated that subject to the pending EIS assessment and the deregulation decision, the injunction would be upheld. Despite the fact that there was no sufficient evidentiary hearing which was present due to the fact that the district court had performed the traditional test of balancing, so the injunction would be acted upon till the completion the analysis of the APHIS. It needs to be pointed out that the Court clearly illustrated that there was no matter of law which was involved. Wong v. Bush, U.S. 9th Circuit Court of Appeals No. 07-16799 The plaintiff in this case were those who had taken active part in the protest which had taken place on August 26 and 27, 2007, which opposed the Hawaii Super ferry's(HSF) operation to the Nawiliwili Harbor in Kauai, Hawaii, by saying that it was illegal. The Appellants went on to appeal from the district court which denied them the motion for declaratory relief, restraining order for provisional period, a preliminary injunction and a permanent

How does poverty effect disabled children living in a single parent Dissertation

How does poverty effect disabled children living in a single parent family - Dissertation Example In reference to the paper, it has been proved that, disabled children exhibit higher chances of growing in poverty in comparison to their developing peers. The correlation between child disability and poverty is of great concern as it gives a clue that disabled children are prawn to conditions that impede their development, education adjustment and attainment. Moreover, the conditions increases exposure of the disabled children to poor health risks, social exclusion and additional impairment. Similarly the connection between child disability and poverty represents a significant challenge to formulated social policies that aims at improving the disabled individual life chances and also addressing the discrimination and the disadvantage faced by individuals with disability. Child disability socio-economic factors prevalence has been documented repeatedly. However, little is known about the factors that trigger the socio-economic impacts. Empirical evidence shows that there exist three factors that impact on socio-economic gradients. As a matter of fact, families taking care of a disabled child have higher chances of getting into poverty; moreover, chances of them avoiding poverty are very limited. This is because of the indirect and direct causes that come with raising a disabled child. Indirect costs are such as the financial effects of declined maternal employment rates among families with disabled children. ... 2004). In reference to the paper, it has been proved that, disabled children exhibit higher chances of growing in poverty in comparison to their developing peers (Emerson & Hatton 2007, Fujura & Yamaki 2000). The correlation between child disability and poverty is of great concern as it gives a clue that disabled children are prawn to conditions that impede their development, education adjustment and attainment. Moreover, the conditions increases exposure of the disabled children to poor health risks, social exclusion and additional impairment. Similarly the connection between child disability and poverty represents a significant challenge to formulated social policies that aims at improving the disabled individual life chances and also addressing the discrimination and the disadvantage faced by individuals with disability (Cabinet Office 2005, Department for Education and Skills 2003, United Nations 2006, Department of Health and Human Services 2005). Child disability socio-economic factors prevalence has been documented repeatedly. However, little is known about the factors that trigger the socio-economic impacts. Empirical evidence shows that there exist three factors that impact on socio-economic gradients (Emerson & Hatton 2009, P.120). As a matter of fact, families taking care of a disabled child have higher chances of getting into poverty; moreover, chances of them avoiding poverty are very limited. This is because of the indirect and direct causes that come with raising a disabled child (Dobson et al. 2001, Leonard et al. 1992, Tibble 2005). Indirect costs are such as the financial effects of declined maternal employment rates among families with disabled children (Loprest &

Separation of Powers Within the United Kingdom Constitution Essay

Separation of Powers Within the United Kingdom Constitution - Essay Example The English government has three branches which include: the executive, the legislature and the judiciary. The U.K is a constitutional monarchy. The monarch is the executive head of state while the Prime Minister is the head of government. Additionally, the Executive includes cabinet ministers, civil service, the police and the armed forces. The Executive formulates and implements government laws. The legislature, formally the â€Å"Queen in Parliament† is responsible for making laws. The judiciary is supposed to be free from parliament and the executive and is responsible for resolving conflicts between institutions of the state, individuals and the state and individuals, immune from criticism. Separation of powers, strengthened by the rule of law and parliamentary sovereignty is highly emphasized in the English Constitution. There would be no liberty if the same man or the same body exercised those three powers. The powers of the three arms of government generally overlap. The British Constitution does not strictly separate the powers. This is mainly due to the complexity and the interrelated nature of the functions of the state. A solid example of overlap between the three branches is the position of Lord Chancellor who is a member of the Cabinet, the head of the judiciary and also chairs the House of Lords when they sit as a legislature. The Constitutional Reform is currently reforming this role to highlight SOP. However, some argue that such a position acts as a bridge between the executive and the judiciary. ... However, some argue that such a position acts as a bridge between the executive and the judiciary. The executive and legislature have great connections in exercise of their powers. According to Bagehot (1867) that relationship is the â€Å"efficient secret of the English Constitution.† Overlaps are evident as seen when ministers sit in parliament and perform legislative functions; and the executive tends to control MPs to vote in a certain way. The government is usually made up of the party with the majority of seats in the House of Commons, which means that the executive has great control on legislative decisions. The Prime Minister, cabinet and bureaucracy determine the legislative agenda and the cabinet. Also, many judicial officers such as the Attorney General and the Lord Chancellor are appointed by the government. The executive generally dominates especially in cases where the government has a firm majority in the House of Commons to the extent that it is assured of winn ing major votes in the House. In Britain, a government of national majority coalition draws its political leadership in dominant control of authoritative decision making; and national public policy. The legislature may interfere in executive roles when government loses a vote of confidence and through Acts of parliament which may affect executive decisions. There is an overlap between the Judiciary and the Executive in that the Lord Chancellor who is the head of Judiciary also sits in the cabinet. In this case a member of the Judiciary finds himself in the cabinet. Again the Lord Chancellor chairs the House of Lords when they sit as legislature. In this instance a person who heads the Judiciary also chairs the proceedings of the legislature. There is

Critically evaluate the role of marketing in developing strong fashion Essay

Critically evaluate the role of marketing in developing strong fashion brands in the 21st century' - Essay Example â€Å"The most effecting marketing plans are those that are simple yet effective and easy to implement† (Daud, 2008). Creation of an effective marketing plan is extremely important for a company because it helps the company create the entire business plan for carrying out the business activities (Perez, 2010). 1.1. Benefits of a Well-Structured Marketing Plan Fashion products manufacturing companies face a lot of challenges if their marketing strategies are not capable of attracting and retaining the customers. For this purpose, companies need to implement appropriate marketing plans because they put positive impact on the future of the brands. Fashion companies also use monitoring methods to determine the success of the marketing plan. Clow (2009, p.484) asserts, â€Å"Evaluation or testing of advertising communications can occur at any stage of the development process†. Some of the most effective monitoring methods include emotional reaction tests, concept testing, an d persuasion analysis. An effective marketing plan brings a lot of benefits to the companies. Traffanstedt (2010) asserts, â€Å"The benefits of a marketing strategy are great if you do it right†. ... Marketing not only helps the companies achieve higher levels of profits but also helps them establish their brands in any international market. Marketing plays a vital role in making a fashion brand popular and successful. It is due to effective marketing plans that most of the new fashion brands get recognized all over the world in a very short span of time. Capon (2008, p.185) found that marketing plays a critical role in developing a product. We can take examples of some of the most popular fashion brands such as Polo, Givenchy, Tommy Hilfiger, and Lacoste. These fashion brands are extremely popular among the public due to the effective marketing campaigns carried out by their manufacturing companies. Marketers first identify the target market and then implement the plan. Dahl (2007, p.23) states, â€Å"By identifying your primary target market, you can do a better job of narrowing your media buys†. This is the 21st century and the world has become a global village. Every f ashion company is aware of the importance of effective marketing strategies because effective and well-structured marketing strategies play a great role in the success of a fashion brand. Saarte (n.d.) states, â€Å"The functions of marketing add value to the product†. Marketing plays a vital role not only in creating the awareness about the newly manufactured fashion products in the pubic but also results in increasing the productivity and profitability of the companies. A fashion brand needs publicity and exposure in order to be successful and marketing is a tool, which companies use to give exposure to their products. Fashion companies make use of different types of marketing methods in order to advertise their brands. Manohar (n.d.) found

Masks of Eternity Essay Example for Free

Masks of Eternity Essay In the episode Masks of Eternity, Joseph Campbell explains the godliness of self. He explains ideas about the past versus the present and the common ways of thinking that have changed the way messages are viewed and interpreted. He goes over the ideas of the inner Christ, the significance of the circle, and peak experiences. Campbell speaks of an inner Christ in all people. It is not a connection to God, but a oneness with him; meaning that you become a part of God. He explains it as the difference of an individual life, meaning the life of the person, and the all encompassing life, meaning the life that turns the world and all other things. He tells of finding it through meditation, finding that center of yourself that can feel a connection to the life around you and the realization that all things are connected and caused by one another. Campbell interprets the things he was taught as a child, about the angel and the demon on either side of him, as the urges that push our decisions in one direction or the other. These energies, he says, come from the different organs of the body. Each needs something different, and the urges that arise are about what is needed most. Campbell also speaks of the significance of the circle. Each culture has some form of importance in the shape of the circle. He talks about the way Native Americans built their villages in the shape of a circle, the way Aztecs made a circular calendar, and the way that each culture put itself in the center of that circle. He talks about ancient cultures believing that everything generates around a specific point, orbiting around it. Campbell also speaks of time going in a circle. In ancient times, it was seen as a reoccurring aspect of life, summer, fall, winter, spring. All things ended and began anew in a pattern. Now, though, time is seen as a straight line. Clocks make us realize that time is flowing past and will never come again. Before, death was looked at as a rebirth; now it is simply looked at as the end. Peak experiences, as Campbell explains, are moments where you can feel the harmony of being alive. For him, it was a race in Colombia. He said he could feel that he was going to win the race, not even because he was winning, but because he could feel it within himself. He explains peak experiences as being in a state of mind that allows you to see your outer most limits and obtain your maximum potential. He goes on to say that not all peak experiences are physical. Some can simply be a thought or realization that changes your outlook on life or solving a problem. Some peak experiences are not the highest points of your life. A life can have many peak experiences as long as you feel that you are at one with yourself and what you are accomplishing. Personally, I understand the inner Christ, not as a connection to the life around us, but a working understanding of the path God has set out for us. I can understand the ideas behind this belief in the inner Christ and the idea that Jesus may have found his inner connection with life, but I do not agree with it. I believe that The feeling they are referring to is the feeling that comes with following Gods path, whether you know him as your savior or not. The idea of the circle on the other hand, I can understand completely. Time feels like it is flowing by without slowing, but there is always the chance of next time. Next time Ill get that raise; next time Ill win; next time I will do better. Time isnt a perfect circle to me, but neither is it a straight line. It is a looping flow, cork screwing back onto itself. My peak realization in life so far was the creation of an art piece in high school. I was working on a drawing of a tree, creating every painstaking detail, and all the tim e, I knew that I was going to be proud of it; that I was going to get it right. I felt accomplished without having yet accomplishing anything. To this day, I can look at no other piece I have finished and count it as my best.

Leadership Styles in Sainsburys

Leadership Styles in Sainsburys ABSTRACT Nowadays we can distinguish many different types of leadership styles. Some of them are respected by employees, but on the other hand there are also styles which are considered very poorly. This paper presents and explores leadership styles based on the observations of managers in Sainsburys Nine Elms. In the first part research question has been formed and discussed. The second part is a literature review, with characteristic of most popular leadership styles. In the third part, methodology which will be used for research and to find an answer on research question will be discussed. 1.0 INTRODUCTION 1.1. RATIONALE Human resource management is a series of activities which, first enables working people and the organisation which uses their skills to agree about the objectives and nature of their working relationship. Secondly, ensures that the agreement is fulfilled. (Torrington, 2008) This research project will be based on a field, which is human resource. One of the topics which should be explored in reference to human resources is leadership style. In an effective leadership situation, the leader is a catalyst and servant whose leadership style is support, advocating and empowerment. While in an ineffective leadership situation, the leader is a pushover whose leadership style is abdication and fraud. Human Resource Leaders believe in people and communicate that belief; they are visible and accessible; they empower, increase participation, support, share information and move decision making down into the organization. We recognize effective leaders when we work with them or observe them. However many different ways exist for defining who leaders are and when they are effective. Dictionaries define leading as guiding and directing on a course. A leader is someone with commanding authority or influence. Researchers have developed many working definitions of leadership. According to Nahavandi (2009) leader is a person who influence individuals and groups within an organization, helps them in establishing goals and guides them toward achievement of those goals, thereby allowing them to be effective. Leadership is a function more than a role. Good leaders are made not born. 1.2 RESEARCH QUESTION Research Question is a statement that identifies the phenomenon to be studied. The research question, which I am going to study is: How does the leadership style affect employees performance in the organisation? The research will be based on the case study, which is supermarket. Sainsburys Nine Elms is a place where I have been working for over 3 years. I have a contact with managers every day and whats more I am familiar with different styles of leadership. This experience helps me to formulate the following hypothesis: positive and accurate leadership style motivates people to good and effective work. To find an answer on my research question and to confirm my hypothesis, I will do some qualitative research. This type of research is designed to tell the researcher how and why the things happen as they actually do. It helps to achieve an in-depth understanding of a situation. . 1.3 SIGNIFICANCE OF STUDY Positive atmosphere in the work place is a very important factor and has a big influence on employees job. This is why the way how leaders and managers behave is so important. Unfortunately my long-time observations prove that managers very often do not even realize what kind of mistakes they do. They do not understand that their inappropriate way of behaviour, has an influence on peoples work and effectiveness of the organization. The aim of this report, based on literature review, is to describe the most valuable and effective leadership styles. Moreover the most negative styles will be considered, those which are not approved of by employees. Finally some interviews with Sainsburys Nine Elms employees will be made to gather their opinions and verify my hypothesis. LITERATURE REVIEW 2.1 LEADERSHIP STYLES IN EARLY XX Leadership style is the manner and approach of providing direction, implementing plans, and motivating people. Lewin (1939) led a group of researchers to identify different styles of leadership. This early study has been very influential and established three major leadership styles: autocratic, democratic, laissez-faire. In the past several decades, there has been a significant revolution in how the leadership is defined by management experts. Their approach has changed from a classical one to a very innovative, democratic approach. Although it was also determined that some old ideas were still good whereas some of the new ones were not perfect. The key is to use different styles depending on each situation so leaders have to approach every case in a different way. LEADERSHIP STYLES TODAY There are four primary leadership styles, many of them we can find within most businesses or organizations around the world. These styles are: Autocratic Democratic Laissez-faire Bureaucratic Each of the leadership styles has impact on employee performance in the company. There are short and long-term effects of each style. For instance, the authoritative style may produce great results in a short amount of time. However, excessive use of authority will decrease productivity in the long-term. People either get fed up and leave or fall into a malaise of hum-drum repetitive tasks without creativity and innovation. (Sadler, 2003) AUTOCRATIC STYLE The autocratic leadership style is very often regarded as an old fashioned technique. It was a very popular style among managers commanding subordinates and it is still used around the world. This style basically comes natural to many leaders and brings many benefits, thus many managers start to lead using this style and try to improve it when pursuing their own leadership development. This style is used when leaders inform their employees what they want done and how they want it attained, without being advised by their followers. Furthermore when leaders are short on time, they have all information needed to achieve a goal and employees are enthused, autocratic still is also common. Nevertheless it should be used occasionally and with big carefulness. Having a lot of time and dealing with highly motivated workers it is better to use democratic style. DEMOCRATIC STYLE The democratic leadership style is also named the participative style due to the fact that it encourages one or more employees to be a part of the decision making process (determining what to do and how to do it). Nevertheless it is the leader who makes the final decision and maintains authority. Definitely this style strengthens the position of the leader which is respected by his employees. When information and data is divided between the leader and employees, democratic style is used very often. Managers are not expected to be familiar with everything, this is why they employ knowledgeable and competent employees. Concluding, using this style is of mutual benefit, because employees can become a part of the team and on the other hand leaders can make better decisions. LAISSEZ-FAIRE STYLE The laissez-faire leadership style is also known as the hands-off ¨ style. This style is based on making the decisions by employees whenever the leader let them. Even though, he is still responsible for all the decisions. This style is used usually when employees are able to decide what needs to be done and how. They also should have good analytical skills. Leaders only set most of the priorities for their team and divide tasks between employees. This style should be used only when leaders are confident about his people and trust them no matter what. It should not be used as a way of blaming employees of made mistakes. BUREAUCRATIC STYLE The bureaucratic leadership follow the rules rigorously and guarantee that staff follows procedures accurately. In this kind of style everything must be done according to the rules or policy. This is a very appropriate style for work involving serious safety risks (such as working with heavy equipment, with toxic substances, or at dangerous heights) or where large sums of money are involved (such as handling cash). If manager is not capable of making decision on his own, he refers to the next level above him or her. The role of the leader is very similar to a police officer. OTHER LEADERSHIP STYLES There are a number of different approaches or styles to leadership and management that are based on different assumptions and theories. The style that individuals use will be based on a combination of their beliefs, values and preferences, as well as the organizational culture and norms which will encourage some styles and discourage others. CHARISMATIC LEADERSHIP A charismatic leadership style can seem similar to transformational leadership, because these leaders inspire lots of enthusiasm in their teams and are very energetic in driving others forward. However, charismatic leaders tend to believe more in themselves than in their teams. As a result this creates a risk that a project or even an entire organization might collapse if the leader leaves. In the eyes of the followers, success is directly connected to the presence of the charismatic leader. Therefore charismatic leadership carries great responsibility and requires a long-term commitment from the leader. It is interesting to watch a charismatic leader working the room as they move from person to person. They pay much attention to the person they are talking to at a particular moment, so this person very often feels like a most important person in the world. Charismatic leaders focus as well on scanning and reading their environment and are also good at picking up the moods and concer ns of both individuals and larger audiences. Then they will hone their actions and words to suit the situation. (Conger Kanungo, 1998) PARTICIPATIVE LEADERSHIP A Participative Leader, rather than taking autocratic decisions, seeks to involve other people in the process, possibly including subordinates, peers and superiors. However, managers are still very important, as they decide whether to give or deny control to their subordinates. Most participative activity can be observed within the immediate team. The question of how much independence others are given thus may vary on the managers preferences and inclinations. A whole spectrum of participation is possible, as in the table below. Highly participative > Autocratic decision by leader Leader proposes decision, listens to feedback, then decides Team proposes decision, leader has final decision Joint decision with team as equals Full delegation of decision to team The level of participation may also depend on the type of decision being made. Decisions on how to accomplish goals may be highly participative, whereas decisions during subordinate performance evaluations are more likely to be taken by the manager TRANSACTIONAL LEADERSHIP This style of leadership starts with the idea that team members agree to obey their leader completely when they accept a job. The term transaction means that usually the organization pays the team members in return for their hard effort and compliance. If they do not work as stated in the agreement, they might be punished by the leader. In this style rules are very clear and reward system is introduced for the hardest working subordinates. Moreover, punishments are also possible and formal systems of discipline are quite common. The leader can give an opportunity for his team members to have an impact on their income. It happens when they work harder which cause greater productivity. Alternatively, a transactional leader could practice management by exception rather than rewarding better work. In fact transactional leadership is rather type of management than an actual leadership style. It focus basically on short-term task and is not suitable for a creative work. TRANSFORMATIONAL LEADERSHIP People with this leadership style are true leaders who inspire their teams constantly with a shared vision of the future. While this leaders enthusiasm is often passed onto the team they can be supported by detail people. Thats why, in many organizations, both transactional and transformational leadership are essential. The transactional leaders (or managers) ensure that routine work is done consistently, while the transformational leaders look after initiatives that add value. Working for a transformational leader can be a brilliant and uplifting experience. Whatever they do they put passion and energy into it. They care about team and want them to succeed. Transformational leaders also tend to see the big picture, but not the details. So if they do not have people to pay attention on this level of information, then they are usually doomed to fail. Finally, transformational leaders, by definition, seek to transform and develop. When the organization does not transform and nobody com plain about his fact, then such a leader will be frustrated. Like wartime leaders, however, given the right situation they come into their own and can be personally responsible for saving entire companies. (Burns, 1978) TASK ORIENTED LEADERSHIP Highly task-oriented leaders focus only on getting the job done, so as a result they can be quite autocratic. They actively define the work and the roles demanded, put structures in plan and place, then they organize it and finally monitor. However, there is a danger connected with this style, that it might suffer the same drawbacks as autocratic style. Leaders do not pay to much attention about their team members as they focus only on finishing the task. PEOPLE ORIENTED (RELATIONS ORIENTED) LEADERSHIP This is the opposite of task-oriented leadership. In this style leaders are completely focused on organizing, supporting, and developing the people in their teams. It might be compared to a participative style as it has similar assumptions. Most valued are team cooperation and creativity. In practice, very often leaders tend to use both task-oriented and people-oriented styles of leadership. SERVANT LEADERSHIP This term was created by Robert Greenleaf, describes a leader who is often not formally recognized as such. He says that true leadership emerges from those whose primary motivation is a deep desire to help others. Servant leadership is a very moral position, putting the well-being of the followers before other goals. When someone, at any level within an organization, leads simply by meeting the needs of the team, he or she is described as a servant leader. In many ways, servant leadership is a form of democratic leadership, because the whole team tends to be involved in decision making. Supporters of the servant leadership model recommend it as an important way to move ahead in a world where values are increasingly important and where servant leaders achieve power on the basis of their values and ideals. Others state that in competitive leadership situations, people who practice servant leadership can find themselves left behind by leaders using other leadership styles. (Greenleaf, 1 977) SAINSBURYS NINE ELMS- CASE STUDY J Sainsbury plc was founded in 1869 by John James and Mary Ann Sainsbury. Drury Lane was one of Londons poorest areas and the Sainsburys shop quickly became popular there for offering high-quality products at low prices. Today Sainsburys is the UKs longest standing and third largest supermarket. Operates a total of 872 stores comprising 537 supermarkets and 335 convenience stores, as well as Sainsburys Bank. Sainsburys employs over 160 000 colleagues and serves over 19 million customers a week. The store Sainsburys Nine Elms was open in February 1982 with 100 employee and 3 departments. Within almost 30 years the store has changed a lot. Today the store has 346 employees and 11 departments. Every department has its own department manager plus store manager and 3 DU store managers. Most of the managers are male, only 2 female and all of them between 26-45 years old. And every one of them represents different style of leadership. From very strict and autocratic through task oriented leadership till completely laissez-faire style. Leadership style is very important in a company or a firm. This is because a leaders job is to help everyone e.g. the leader can help workers in a company by training them to improve their skills at work. Leadership style inspires people to achieve demanding goods. Leadership explains many different approaches that can be taken to be an effective leader. Good leaders are made and not born. They develop themselves through a never ending process of self-study, education, training and experience. 3.0 METHODOLOGY 3.1 RESEARCH METHODS There are two measure research methods: quantitative and qualitative. Some researcher prefers to take a quantitative approach to address their research question and design study that involves collecting quantitative data and analysing those using statistical methods. Other opportunity is qualitative method, which involves collecting qualitative data and analysing them by using interpretative methods. (Collis Hussey, 2009) For this project the most suitable method will be qualitative. Figure bellow shows, how the qualitative research and research process should goes. Figure 1: Qualitative Research and Research Process (Cooper Schindler, 2008) 3.2 QUALITATIVE TECHNIQUES According to Cooper and Schindler (2008) qualitative techniques are used at both the data collection and data analysis stages of a research project. This project will be based on primary data and inductive method. Three techniques will be used to collect the data: individual interview, case studies and research observation. 3.2.1 INTERVIEW The interview is the primary data collection technique. They vary depending on the number of people involved during the interview, the level of structure, the proximity of the interviewer to the numbers of interviews conducted during the research. There are 3 ways of interviewing: à ¯Ã†â€™Ã‚ ¼ unstructured interview- no specific questions or order of topic to be discussed. à ¯Ã†â€™Ã‚ ¼ semi structured interview- starts with few specific questions and then additional questions are asked with reference to the answers from opening questions à ¯Ã†â€™Ã‚ ¼ structured interview- specific, detailed questions, normally with open-ending Most of the qualitative research is made on unstructured or semi structured interview. It enables the interviewer to ask additional questions during the interview to gain more information. Many interviews are made face-to-face, which increase the quality of the interview. This kind of interview is more valuable than an interview by phone or online, because it allows the interviewer to observe nonverbal behaviour of the people. It is very important for the interviewer to have at least a basic knowledge about making an interview. Knowing how to gains someones trust and how to encourage answering questions honestly is definitely significant. Usually the interviewer is responsible for generating the interview, questions or topic to be discussed and what the order should be. The figure bellow shows the hierarchical questioning structure. Figure 2: The interview Question Hierarchy (Cooper Schindler, 2008) 3. 2. 2 CASE STUDY The case study (case history) is a very significant research methodology that includes individual and (sometimes) group interviews with record analysis and observation. Firstly researchers gain information from company brochures, annual reports, magazines and newspapers articles, and then together with direct observation, they finally combine it with interview data from members. The aim of this method is to obtain multiple perspectives of a single organisation. The case study should have a case which is the object of study. It should have the following characteristics: a complex functioning unit; investigated in its natural context with a multitude of methods and be a contemporary one. Yin (1993) has identified some specific types of case studies: Exploratory cases are sometimes considered as a prelude to social research. Explanatory case studies may be used for doing causal investigations. Descriptive cases require a descriptive theory to be developed before starting the project. Stake (1995) included three others case studies, which are: Intrinsic cases when the researcher has an interest in the case. Instrumental cases when the case is used to understand more than what is obvious to the observer. Collective cases when a group of cases is studied. 3. 2. 3 OBSERVATION Observation involves looking and listening very carefully. It is very common that people observe each other, although they do not look for anything particular and do not discover any reasonable information about their behaviour. It is possible to distinguish different relationship between observer and participant, view from three perspectives: Directness of Observation Concealment Participation Direct observation, when the observer is physically present and personally monitors what takes place. In this kind of observation, it possible for the observer to respond to certain aspects of human behaviour as they occur, therefore this method is very flexible. Indirect observation, when the recording is done by mechanical, photographic or electronic means. In comparison to the direct observation, the indirect one is less flexible. But on the other hand permanent data can be reanalysed many times so many different aspects of an event can be included. Another factor which affects relationship observer and participant is concealment. The question is, whether the observer should reveal himself. From the psychological point of view, it might be damaging (it has negative influence on the observation outcome) because people who know that are being observed, do not behave normally. On the other hand, hidden observation is a form of spying and the propriety of this action must be reviewed carefully. The best scenario is to reveal that people are being observed but the objectives and participant of interest are hidden. The last type of relationship is based on the observer participation in the whole situation while observing. Participant observation often requires months or years of intensive work, due to the fact that researcher needs to become accepted as a natural part of the culture. By doing this it is most likely that the observation will be of the natural phenomenon. Besides collecting data visually by observation, we can also use communication. The figure below describes the conditions under which observation is an appropriate method for data collection. Figure 3: Selecting the Data Collection Method (Cooper Schindler, 2008) Before starting the observation, it is necessary to make a good plan. Helpful might be finding the answers for this few important questions: WHO? Who do we want to observe? Does a person suit our criteria? WHAT? What do we want to observe? What are we concerned about? What is the aim of our observation? How long or what period of time? How often (daily, few times a week)? How many hours? WHEN? When do we want start our observation? Is there some specific period of time (for example Christmas time)? HOW? Will the data be directly observed? How many people will be observe? WHERE? Where does the observation take place? The location of the observation? 3.3 RESEARCH PROCESS ONION The research methodology of the present dissertation proposal is influenced and structured by the research process onion, which was developed and introduced by Saunders et al. (2003). The figure below illustrates the relationships between research philosophies, research methodologies, data collection methods, and more. Figure 4: Research Process ONION 4.0 CONCLUSION Concluding, so far in this report leadership styles has been explored and precisely described. The influence of each leadership style on the employees has been investigated as well. In the methodology part, qualitative method has been discussed which will be used for the research. It will be based on three different methods which are: interview, case study and observation. Case study of this report will be the place of my employment which is Sainsburys Supermarket which also has been briefly described.

Frederick Douglass Fight For Freedom History Essay

Frederick Douglass Fight For Freedom History Essay In his speech, The Hypocrisy of American Slavery, Frederick Douglass enforces his main concept of inequality in the nation and the cruelty of slavery. Douglass endured a rough childhood of slavery in Maryland without the presence or help from his parents. From the very beginning of his life, Douglass knew nothing about the whereabouts of his father nonetheless who he was and barely ever saw his mother. During a tough period of a nation infested with segregation and inequality, Douglass applied to his master to have the right to find work for himself. During employment, he concocted a plan to escape slavery. After a successful getaway, Douglass assisted the Underground Railroad. At this time, the country was in great need of change. Certain historical events that occurred during the time period, such as the Compromise of 1850, and Douglasss rugged life experiences as a slave are applied to help frame the speech and convey how African Americans feel on Independence Day. Through a tone progressing from earnest to inflammatory and the use of rhetorical questions, biblical allusions, and puns, the delivery of The Hypocrisy of American Slavery effectively brings forth an awareness of the deterioration of the nation, the inequality between races and reveals how African Americans are affected by the harsh treatment they receive to help persuade the audience that slavery must be abolished. The Compromise of 1850 and Douglasss life as a slave during this time are important factors that help shape Douglasss speech. To help please the nation, The Compromise of 1850 was passed in an attempt to abolish and control slavery. The document states that it is inexpedient to abolish slavery in the District of Columbia whilst that institution continues to exist in the State of Marylandà ¢Ã¢â€š ¬Ã‚ ¦ (Compromise). This affected Douglass negatively as well as other states in America because as long as Maryland accepted slavery, other places were not allowed to abolish it. To Douglass, this was unfair and contributed to his reasoning on why he spoke to the public emphasizing the need of a free nation. Douglass lived a good part of his life in Maryland and had to endure the challenging life of a slave because he did not live in a free state. As a child, Frederick Douglass did not get to live a luxury life like whites. In an excerpt from his novel he writes I never saw my mother, to kn ow her as such, more than four or five times in my life; and each of these times was very short in duration, and at night (Frederick, Being). Douglass never got to have a relationship with his parents thus forcing him to grow up faster. In effect, it made him a stronger person in the end. He got split up from his mother because of silly things like the color of his skin. Later in his speech, Douglass references these silly things by referring to America as a blacker nation which is a pun between race and the status of the nation. The African Americans of the audience are captivated by the speech as they relate to the common struggles endured. Also, Douglass was educated about religion when he was young which explicated his frequent use of biblical allusions. He states that à ¢Ã¢â€š ¬Ã‚ ¦if their increase do no other good, it will do away the force of the argument, that God cursed Ham, and therefore American slavery is right (Frederick, Being). Things pertaining to God were always p resent in his life which explains his use of biblical allusions. These biblical references appealed to his audience that comprised of Christians. Also, the irrelevant claims towards why slavery is acceptable are recognized. All of this information about history and Douglasss life are important components when understanding Douglasss purpose for giving his speech. Douglasss experiences of suffering and mistreatment along with being asked by the leading citizens of Rochester on Independence Day led him to his exigency. He passionately expresses his feelings about the life he endured during slavery in an excerpt of the narrative of his life: I say, let him place himself in my situation- without home or friends- without money or credit- wanting shelter, and no one to give it- wanting bread, and no money to buy it, and at the same time let him feel that he is pursued by merciless men-hunter, and in total darkness as to what to do, where to go, or where to stay,- perfectly helpless both as to the means of defense and means of escape,- in the midst of plenty, yet suffering the terrible gnawings of hunger,- in the midst of houses, yet having no home,- among fellow-men, yet feeling as if in the midst of wild beasts, whose greediness to swallow up the trembling and half-famished fugitive is only equaled by that with which the monsters of the deep swallow up the helpless fish upon which they subside,- I say, let him be placed in this most trying situation,- the situation in which I was placed,- then, and not till then, will he fully appreciate the hardships of, and know how to sympathize with, the toil-worn and whip-scarred fug itive slave. (Frederick, Narrative) At this point in his life it is evident that he is already fed up with the struggles of hunger and homelessness along with the rights he was not able to enjoy. Frederick Douglass was finally ready to speak his mind to the dark world. Another reason for his exigency is the concept of freedom. Frederick Douglass was all for Lincolns platformà ¢Ã¢â€š ¬Ã‚ ¦free soil, free men, and free labor (Abolition). Knowing that could possibly become the outcome of his efforts, he was quickly enthused to deliver his speech. The overall concept that drove him to give the speech was the possibility of a better future for him as well as the entire nation and to persuade his audience at Corinthian Hall in Rochester that slavery must be abolished. Douglass begins with an earnest tone and polite diction to appeal to his audiences feelings and uses rhetorical questions to get everyone thinking about the issues between the nations need of freedom and equality. At the start of his speech he declares Fellow citizens, above your national, tumultuous joy, I hear the mournful wail of millions, whose chains, heavy and grievous yesterday, are today rendered more intolerably by the jubilant shouts the reach them? (Douglass). Douglass uses nice words that contrast with harsh words like fellow citizens, to ease the seriousness of the critical references to slavery. Rhetorical questions were incorporated into his speech to make his audience feel accountable for the greatly needed equality and freedom in the nation. Most importantly, he asks Are the great principles of political freedom and of natural justice, embodied in the Declaration of Independence, extended to us? (Douglass). This one question forces everyone to think about what rights exist in the nation and who they are extended to. Also, Frederick Douglass became fed up with the inequality of the nation because of race. He expresses that This Fourth of July is yours, not mine. You may rejoice, I must mourn (Douglass). He feels very strongly about the indifference of the nation and its status between the freedom and rights extended to all people. Douglass brings up a valid point that the Declaration guarantees the rights of Life, Liberty and the pursuit of Happiness and that slaves are not all blacks are privileged to enjoy these. Douglasss first half of his speech captivated his audience and enabled him to shift to more serious matters. The speech soon shifts to a vexed tone as Douglass explicates the obstacles of slavery and uses biblical references to point out the injustice of the mistreatment of slaves. Douglass becomes irritated when he complains Must I argue that a system thus marked with blood and stained with pollution is wrong? No I will not. I have better employment for my time and strength than such arguments would imply (Douglass). Douglass progressively becomes more passionate with his words as he becomes annoyed. He states here that it is ridiculous for people to not understand how seriously wrong slavery is and hopes it is a wakeup call to everybody. Next, he uses biblical references to relate to the audience. When mentioning the act of selfish men that would not rejoice when slaves are free, he implies that I am not that man. In case that, the dumb might eloquently speak, and the lame man leap as an hart (Douglass). The meaning behind this biblical reference is that a man is healed by God and then l eaps like a deer. Douglass acknowledges that he would be the one to rejoice when slaves were finally free. Certain references that come from the Bible relate to everyone because it points out the mistreatment of slaves and reminds everyone that God would not approve of this injustice. Both his tone and his references have transformed to be more harsh and unpleasant. Lastly, the tone is shifted to sound inflammatory and Douglass uses puns in order to point out the status of the nation due to race. Douglasss tone becomes bombastic towards his audience when he begins to bring up similarities between blacks and whites to prove that they are equal. He implies à ¢Ã¢â€š ¬Ã‚ ¦that we are engaged in all the enterprises common to other men-digging gold in California, à ¢Ã¢â€š ¬Ã‚ ¦feeding à ¢Ã¢â€š ¬Ã‚ ¦cattle on the hillside, living, moving, acting, thinking, planning, living in the families as husbands, wives, and children, and above all, confessing and worshiping the Christian Godà ¢Ã¢â€š ¬Ã‚ ¦-we are called upon to prove that we are men? (Douglass). Douglasss inductive argument continues to incorporate references to God and rhetorical questions. These things repetitively remind the audience to think of what they can do to change the nation because God would not approve of such behavior. Finally, Douglass cleverly incorporates a pun into his speech. He reasons I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this Fourth of July (Douglass). He cunningly uses blacker to reference race as well as the shadowing darkness the nation lies under. Usually puns are used for comic relief; this one is not. Frederick Douglass effectively conveys his message to his audience by all three of those rhetorical strategies along with his change in tone. Douglasss remarkable speech led to many accomplishments like abolitionist movements with William Lloyd Garrison as well as contributions to the Emancipation Proclamation. In the end, the Thirteenth Amendment was passed which completely abolished slavery in all of America. With the efforts of Garrison and the delivery of Douglasss speech, life in America was greatly impacted. It is recorded that In 1841, Garrison hired Frederick Douglass, a former slave, as an agent for the society. Douglass was an immediate success on the lecture circuit, first in the North and later on a six-month tour of meeting halls throughout the American West (Abolition). Both men teamed together and became a successful duo. Douglass and Garrison started successful abolition movements in the North and rattled the South. Soon after, propaganda in the South arose. It is concluded that When Lincoln was elected, the South saw him as a threat to Southern institutions and resorted to secession. And the Civil War bega n (Abolition). It can be assumed that the efforts of Douglass and Lincoln began the Civil War. The war led to an outcome of abolishing slavery for which Douglass speech will always be remembered. Finally, In 1863, Lincoln issued the Emancipation Proclamation, which declared all slaves in the Southern secessionist states free. Two years later, the Thirteenth Amendment to the Constitution, which states that neither slavery nor involuntary servitude shall exist in the United States, was ratified, and the abolitionists finally had their victory (Abolition). The country finally saw change and began to lighten up. Slavery was finally abolished as an effect of the hard work of Garrison, Lincoln, and Douglass. Most importantly, Douglasss efforts will always be remembered because it caused an unforgettable change in America. Frederick Douglass was an outstanding man with great character and strong beliefs. He did not care what others would think of him and stood strongly for what he believed and knew was right. The struggles of being a slave child shaped him to be the man he turned out to be. Also, historical events including the Compromise of 1850, shaped the phenomenal speech he gave on July 4th, 1852. By using rhetorical questions, biblical allusions, and puns, Douglass effectively conveyed his message that the freedom of slaves all around America was essential and that the nation was unhealthy, unjust, and slowly deteriorating as time progressed. Another key element he incorporated were shifts in tone. Douglass starts off nice and not over bearing but evolves to a bombastic tone. The legacy of his speech will forever be remembered because of the astounding things it caused including but not limited to abolitionist movements, the Civil War, the Emancipation Proclamation, and most importantly the Thirt eenth Amendment to the Constitution. If it were not for the hard work of Frederick Douglass, slavery may not have been abolished to this day.

Learning Case Adaptation :: Technology Case-Based Reasoning Essays

Learning Case Adaptation Computer models of case-based reasoning (CBR) generally guide case adaptation using a fixed set of adaptation rules. A difficult practical problem is how to identify the knowledge required to guide adaptation for particular tasks. Likewise, an open issue for CBR as a cognitive model is how case adaptation knowledge is learned. We describe a new approach to acquiring case adaptation knowledge. In this approach, adaptation problems are initially solved by reasoning from scratch, using abstract rules about structural transformations and general memory search heuristics. Traces of the processing used for successful rule-based adaptation are stored as cases to enable future adaptation to be done by case-based reasoning. When similar adaptation problems are encountered in the future, these adaptation cases provide task- and domain-specific guidance for the case adaptation process. We present the tenets of the approach concerning the relationship between memory search and case adaptation, t he memory search process, and the storage and reuse of cases representing adaptation episodes. These points are discussed in the context of ongoing research on DIAL, a computer model that learns case adaptation knowledge for case-based disaster response planning. 1 Introduction The fundamental principle of case-based reasoning (CBR) for problem-solving is that new problems are addressed by retrieving stored records of prior problem-solving episodes and adapting their solutions to fit new situations. In most case-based reasoning systems, the case adaptation process is guided by fixed case adaptation rules. Practical experience developing CBR systems has shown that it is difficult to establish appropriate case adaptation rules (e.g., Allemang, 1993; Leake, 1994). In defining adaptation rules, a key problem is the classic operationality/generality tradeoff that was first observed in research on explanation-based learning (e.g., Segre, 1987): Specific rules are easy to apply and are reliable, but only apply to a narrow range of adaptation problems; abstract rules span a broad range of potential adaptations but are often hard and expensive to apply because they do not provide task- and domain-specific guidance. In those CBR systems that do perform case adaptatio n, specific rules are often used, requiring that the developer perform difficult analysis of the task and domain to determine which rules will be needed. In practice, the problems of defining adaptation rules are so acute that many CBR applications simply omit case adaptation (e.g., Barletta, 1994). This paper presents a new method by which a case-based reasoning system can learn adaptation knowledge from experience.

The Theme Of Death In Poems Essays -- essays research papers

The Theme of Death in Poems Death is a common theme in many poems. It is viewed so differently to everyone. In the poems, "Because I could not stop for Death," "First Death in Nova Scotia," and "War is kind" death is presented by each narrator as something different. To one it is a kind gentle stranger while to another it is a cold cruel being. A kind gentleman stranger personifies death in, "Because I could not stop for Death." The narrator of the poem is a busy person, with little time, and definitely no time to die. Her carriage driver, which is death, arrives to take her into immortality. Death isn't hasty, he doesn't take her quickly. He drives her past things that the narrator had not taken the time to notice in a while. The narrator watched as he drives her past a school, where children are playing, and then on they go past fields. She sees the sun go down, and the carriage driver past the sun, but she realizes they weren't passing the sun, it was passing them; time was passing by, past her life. Her life has now past her by, and she is arriving at her final destination, which was her grave, yet she describes it as her house. In the end she is looking back, and sees how centuries have passed, yet she isn't passing by anymore, and to her this hundred years seems as no time at all. Finally she accepts her death, and is able to pass into eternity. To her death wasn't har...

Era of social and cultural rebellion Essay

â€Å"The disintegration of American values was reflected in manners and morals that shook American society to the depths.† (Leuchtenburg) The 1920’s was an era in which the Americans showed their independence through actions; learning not to live the same ways that those preceded them had. The ’20s was a cultural and socialistic rebellious attitude, decomposing past American ethics and beliefs. The most obvious rebellion is shown by the feminine movements during this time. The 1920’s led to a new role for American women, in which females desperately tried to rid themselves of Victorian roles they had played in the past. In an effort to become modern and masculine, the â€Å"flapper† led to newly recognized rights for females in the male fields. The flappers showed their rebellion by wearing short skirts that in previous years would have been entirely inappropriate dress for women. Rebellion was also shown by the increased number of females working in public offices, obtaining jobs, attending colleges, and having leading roles in professional careers (events that were practically unheard-of fifty years earlier.) Women professionals increased 50 percent, while married working women increased 30 percent. With the suffrage movement in 1920, women started out the ’20s with a passion for independence and political and social rights. Women lived by themselves, proving absolute independence from men. They, who had once been thought of as men’s property solely to perform the acts of cleaning and cooking, were revolting against their title of â€Å"exclusive possession.† Once the rebellion against stay-at-home wives had started, women who still fulfilled that role felt compelled to apologize that they were not out working alongside men in the job world. (Leuchtenburg) Marriage was also a way to rebel; women who were unhappy in marriages felt that they had the right to divorce their husbands; this act more then doubled between the years of 1914 and 1929. Divorce, once thought to be completely immoral, was becoming quite common. All these factors show that the female race was using the 1920’s to revolt against issues they had previously disagreed with, but never ha d the courage to address. The 1920’s brought a breakdown in ethics. Couples went further in publicly showing their affection for each other. Sex was a common discussion topic,  not only for women but young girls. Suggestive topics were broadcasted all over the radios, movies, and newspapers. Parties were no longer chaperoned, and parents no longer had knowledge about their daughters’ actions. The fact that individuals during this time were so free with their sexual favors proves the fact that people during this time wanted to show their capability at making decisions for themselves. (Leuchtenburg) One may argue that the 1920’s was not an era of social and cultural rebellion, and bring up the opinion that the dresses the flappers wore were efforts to save money. (Shannon) This is possible, but in order to feel completely at ease at wearing what would have been considered (only a decade earlier) an outrageous outfit, the women would have had to rebel. One might also say that the reason why there were increased numbers of women attending college was not the fact that they were rebelling to prove their equality with men, but rather because it was the first time they could ever afford such an education. This is untrue; debt was so high in the ’20s that most families would have been unable to afford a college education. During the 1920’s, the economy grew into a consumer economy, one that revolved around the ability of the citizens to consume products. In order to make it easy for the people to do this, credit was developed. With the innovation of credit, many people became in debt, and consumer debt rose a total of 250 percent. Personal debt rose 2.5 times faster then personal income, and people just didn’t have money to spend it on an education solely for the reason of becoming educated. However, in order to show their equality, women would have been more willing to put a college education on credit. In conclusion, the Roaring Twenties was a time of serious cultural and social rebellion. People wanted to live their lives they way they chose; they wanted to show their independence and ability to make decisions, and not live by the beliefs of their predecessors.