Any potential benefits and negative impacts of adopting the IFRSs for Coursework

Any potential benefits and negative impacts of adopting the IFRSs for the country; - Coursework Example The IFRS adoption move was encouraged by the 1995 European Commission’s report considerations (Accounting Harmonization: New strategy with regard to global harmonization), however, it resulted from some more far reaching program for corporate reforming that was introduced by the government of Common Wealth under sponsorship of CLERP (The Cooperate law Sponsorship Program). The major aim for adopting the standards for Australia was to enhance information quality on corporate performance. This paper looks at the benefits resulting from the adoption of the standards as well as any challenges, negative impacts or limitations that the country has faced in the implementation as well as maintenance of the International Financial Reporting Standards in Australia. Consistency- change IFRS will provide many bonuses to Australian companies. Among the most beneficial areas for adopting IFRS is uniformity. Consistency happens to be the major reason why most companies as well as nations are currently adopting IFRS. In simple words, Australia’s adoption of IFRS provide the companies within the country internal uniformity, something, which reduces cost of reporting (Anna, 2013). As the key aim for IFRS is uniformity, it places every person within a similar level globally as far as preparing financial standards is concerned. For Australia, this will enable firms to display financials at some similar levels as their international competitors. Better Capital Markets- through the adoption of IGRS, Australian companies are place within the international market place. His helps in the promotion for new trade as well as well as assessing capital markets. Companies within the country will have a chance of being recognized to be an international player within the capital market (CYNTHIA, 2009). Improved international communication- adoption of IFRS by Australia will ensure reliable financial reporting. As a result, Australian large companies will be apply

Meaning to Human Life Essay Example for Free

Meaning to Human Life Essay Is there any meaning to human life? After listening to the first two lectures I gathered what I felt to be Professor Amrbosio’s definitions of the hero and the saint. I took notes and after going back through and reading them it helped me to put a few things together. He asks the question about whether or not human existence is meaningful or absurd. We live in a hostile and deadly environment so we try to find our purpose and meaning so we have some sense of security. It is a defense mechanism. Why is there so much evil in this world? We have the good and the bad. The good being our loving parents and the soldiers who put their lives at risk to defend our freedom and our lives. But then you have the bad and the evil such as the homeless people and the terrorist attacks and the holocaust. It is unfair how there are so many people with nothing and living on the streets when there are just as many people who have much more then they need to survive. The hero and the saint represent traits that can and will be inherited and passed on across different cultures and over time. The hero and the saint are metaphors that humans have used to search for the meaning of life. With the hero, reality is formed and driven by the struggle of humans. They believe in honor and self-esteem along with self-fulfillment and admiration. They always run up against bad things and they believe the good guys will come in last. The Saint believes that reality is made up of our personal and loving relationships. These relationships are based around unconditional trust. They feel like humans really have no goal but they have a purpose. Love and gratitude define them. Some people say life is a wrong turn and it’s down a dead end street. Saints and heroes show us ways we can share and participate in living every day and still asking our questions about life. The best we can do is to live the most meaningful life. Make every day count and always tell the ones you love how much you love them because you never know when it could be the last time that you are able to tell them. Sometimes you just have to trust that our life has a purpose.

High School Drops Outs Essay -- Education

The number of people dropping out of high school is on the rise. A high school drop out is more likely to be subjected to poverty. The high school drop out will historically be less likely to obtain a high paying job. Many high school dropouts will be less likely to become a productive or beneficial member of society, but will instead create a burden for the community for which he or she is a member. According to the National Center for Education, in 2001 the dropout rate was approximately, 10.7 percent for people between the ages of 16 to 24. Studies showed that dropout rates were higher for people in the 10th grade, due to the fact that children over the age of 16 were no longer required to stay in school. Upon completion of the `Leaver Survey', many students said the leaving school was a process, no a sudden decision. Over 20 percent of all dropouts interviewed indicated a preference for working over school, as the most important reason for dropping out. Several other reasons were pregnancy, marriage, and boredom. A staggering 30 percent of all high school dropouts had an A or...

Emerson - Self - Reliance :: Free Essays

  Ã‚  Ã‚  Ã‚  Ã‚  In Ralph Waldo Emerson’s â€Å"Self-Reliance†, he states that being an individual comes from trusting yourself and being honest with the person you are inside. He describes how a person is and becomes an individual by explaining all the different parts that consist of an individual.   Ã‚  Ã‚  Ã‚  Ã‚  To be an individual you have to have trust in yourself. You need to accept the person that you truly are inside. Everyone is born possessing everything they need to become an individual; you just need to learn how to utilize the things you have. Without trust in yourself you cannot be an individual.   Ã‚  Ã‚  Ã‚  Ã‚  An individual must be a non-conformist. There is no one who can tell you what is wrong or right. What is right, are things that follow your own beliefs and values, and what is wrong are the things that are against them. If the rest of the world sees your actions as wrong, it shouldn’t matter as long as what you do is true to yourself.   Ã‚  Ã‚  Ã‚  Ã‚  The actions you take should be the only things your concerned with, and not what other people think around you. Knowing this is the difference from being a great man and an inferior one because there will always be people who think they know what is best for you. It is easy to follow the trends of the world and it is just as easy to be an individual all by yourself. The difficult task to accomplish is to be an individual among the people of the world.   Ã‚  Ã‚  Ã‚  Ã‚  Ridicule and criticism from others should not affect you. Their ridiculing will come and go, but what you do and what you think will stay with you forever. They are not the ones that need to live with your decisions, so they shouldn’t affect they way you make them.   Ã‚  Ã‚  Ã‚  Ã‚  Everyone expects people to be consistent. To be consistent is to be predictable, which is exactly what people want.

Fahrenheit 451 Ignorance

Rational ignorance is very similar to apathy, and by reading, we can rid ourselves of the urge to Just not care. Ray Bradburys Fahrenheit 451 attempts to warn readers of the price that comes with rational ignorance by creating an example society much like our own. This society has given up all intellectual thought and sharing of ideas. By â€Å"paying the price† characters like Mildred give up the human experience and become void due to lack of independent thoughts. Characters like Clarisse pay a much higher toll: life and dignity.Characters like Guy Montag and Granger pay the price by being surrounded with nothings but Mildreds. In F451 , society believes that limiting education and sharing of ideas actually enhances life by excluding bad thoughts. In Ray Bradburys dystopian future, every character pays the price for ignorance. Most characters, though, willingly and unknowingly do so. In the novel, life is not valued the way it should be; living is not meaningful anymore. In the very beginning of the book, Mildred tries to kill herself for, what seems like, no reason. This happens so often that technicians are sent to speedily fix he problem rather than doctors.After the technicians do their duty to Mildred, her parlor â€Å"uncle† states mvyell, after all, this is the age of disposable tissue. Blow your nose on a person, wad them, flush them away, reach for another, blow, wad, flush† (17). Even after the ordeal, Mildred is not upset that she failed in taking her own life, as if indifferent to the subject. For her, life is no different than death. Mildred's â€Å"uncle† is correct in comparing a modern day person to a tissue. People have worth based on their thoughts, actions, and relations with people. If one has no houghts, real actions, or connections, their life cannot be worth very much.Mildred has as many independent thoughts as a tissue and values her life precisely for how much it is worth. In the same sense, one cannot value another's life if they cannot value their own. When Guy confronts Mildred about where Clarisse McClellan has been, Mildred nonchalantly says she died, as if it did not matter. Mildred shows that Clarisse's death means nothing to her when her reasoning for net telling Montag sooner was I forgot all about it† (47). Mildred says that she wants to forget sad things, but it does ot seem like this event makes her very sad at all. Mildred's fickle mind cannot assess a tragedy.It was not a surprise that Mildred did not pay heed to her death, but that she died with nothing to show for her life. The multitude of suicides, mentioned earlier, are no tragedies considering the quality of the life being taken. Clarisse's death was unfortunate because she lived. To Clarisse, there was a large difference between life and death because she, unlike her peers, experienced life. Comparable to Clarrise's death, the death of the random citizen (who seems to enjoy life too; he as on a stroll at nigh t) killed in place of Montag (149) suffered a similar fate of no dignity after death.Intellectuals like Montag, Granger, and all ot the travellers who memorize books pay by being surrounded by an endless amount of Mildreds. After introducing himself and showing Montag the end of the manhunt, Granger explains, When we were separate individuals, all we had was rage. I struck a fireman when he came to burn my library years ago. IVe been running ever since† (150). Granger bridges his own experiences to Montags to illustrate Montags future. Granger is far too wise to be bitter about his situation.When intellectuals have no choice but to either suffer amongst the ignorant or outcast themselves, they are the ones who pay the most. Ignorance is most certainly not a satisfying path, but neither is a life of suffering. Not one character in Bradburys controversial novel escapes the price of ignorance. However, the payment methods differ from character to character. â€Å"Ignorance is vo id† should become a popular saying for in the midst of ignorance, one either becomes empty or outcast. Either way, no one wins. Ridding the world of complex, â€Å"painful† thoughts does not lessen pain, it lessens emotion and human experience.

Octavian Augustus Glossary Entry

Octavian Augustus Glossary Entry Octavian, known to posterity as the Emperor Augustus Caesar, was the first emperor of Rome, the first of the Julio-Claudian Dynasty, the adopted son of his great-uncle Julius Caesar, and possibly the most important man in Roman history. Octavian or Augustus lived from 63 B.C.-A.D. 14. Timeline of Octavian Augustus The date at which he began his rule could be either 31 B.C. when the forces of Augustus under Agrippa defeated those of Mark Antony and Cleopatra at the Battle of Actium, or in 27 B.C. when Octavian became Augustus, a term of honor awarded him by the Senate. Octavian Augustus Achievements Octavian Augustus reformed the Praetorian Guard and laws on marriage and adultery, he had the power of a tribune and was Pontifex Maximus (head priest). He extended the boundaries of the Roman Empire, caused the Pax Romana, and built up the city of Rome. Misfortunes of Augustus Reign Through the long years of his reign, Octavian Augustus put an end to the already seriously decaying republican system of government. It was under his rule that Varus suffered a disastrous defeat in Teutoberg Wald, putting a temporary end to territorial ambition beyond the Rhine. His own daughter and grand-daughter defied Octavians lofty moral stance. Although both partners were demonstrably capable of producing children, Augustus failed to produce an heir with Livia, his wife during his long term as emperor. Ultimately, Octavian Augustus had little choice but to make his begrudging son-in-law, Livias son Tiberius, his successor- even though Tiberius wasnt much to his liking.

Word Choice Anymore vs. Any More - Proofeds Writing Tips Blog

Word Choice Anymore vs. Any More Word Choice: Anymore vs. Any More How much difference can one little space make? Well, with the words â€Å"anymore† and â€Å"any more,† it can be the difference between using a term correctly and having errors in your writing! Good news, though! Your work will be free from mistakes if you follow our vocabulary advice. Anymore (No Longer) Who wouldnt want more of this? When written as a single word, â€Å"anymore† is an adverb that means â€Å"no longer.† For example: Nobody cares about vaudeville anymore. Here, we suggest that people have stopped caring about vaudeville (a sad truth). The adverb â€Å"anymore† is therefore modifying the verb â€Å"cares.† In all cases, â€Å"anymore† refers to time. This term used to be written as two words, but in modern English the one-word version is standard. Any More (An Indefinite Quantity) When the words â€Å"any† and â€Å"more† are separate, they refer to an indefinite quantity of something. This phrase is therefore used as a determiner, such as in the following: I cannot stand to see any more Broadway musicals. In this sentence, using â€Å"any more† allows the speaker to say that they don’t want to see another musical without specifying a number. It also implies that they have already seen at least some Broadway musicals, as otherwise they would not need to say â€Å"more.† Language from Across the Pond†¦ As usual, British English is a bit behind the times. Consequently, the single word â€Å"anymore† is less common over there than it is here, so you might want to avoid it if you are writing for the Queen. Her Majesty is not amused by modern grammar.(Photo: Foreign Commonwealth Office/flickr) Anymore or Any More? These terms look similar on paper, but each has a special use. The key is that the one-word term â€Å"anymore† always means â€Å"no longer,† so it is always related to time. The two-word version, meanwhile, always refers to a quantity of something. Remember: Anymore = Time Any more = Quantity

Java Declaration Statement Definition

Java Declaration Statement Definition One kind of Java statement is a declaration statement, which is  used to declare a variable by specifying its data type and name. Below are some examples of declaration statements. A variable, in relation to Java programming, is a container that holds values used in a Java program. Instead of defining a value over and over, a variable that has a value attached to it can be defined. Since variables must be given an initial starting value, you can see how that works in the examples on this page. Examples of Declarations in Java The following three declaration statements declare int, boolean and String variables: int number; boolean isFinished; String welcomeMessage; In addition to the data type and name, a declaration statement can initialize the variable with a value: int number 10; boolean isFinished false; String welcomeMessage Hello!; Its also possible to declare more than one variable of the same data type in one declaration statement: int number, anotherNumber, yetAnotherNumber; boolean isFinished false, isAlmostFinished true; String welcomeMessage Hello!, farewellMessage; The variables number, anotherNumber, and yetAnotherNumber all have int data types. The two boolean variables isFinished and isAlmostFinished are declared with initial values of false and true respectively. Finally, the String variable welcomeMessage is assigned the String value of Hello!, while the variable farewellMessage is simply declared as a String. There are also control flow statements in Java as well as expression statements.

Finance and Accounting Essay Example | Topics and Well Written Essays - 1500 words

Finance and Accounting - Essay Example The companies’ compliance with IFRS standards can effectively help predict the future financial outcomes and reduce irresponsible cosmetic accounting practices. The company’s compliance with all International Financial Reporting Standards will translate to better prediction of forecasting future business outcomes. For example, the compliance with standards requires that the company present the historical sales amount s for the past two years. If the sales for 2010 is $ 250,000 and sales for 2011 is $295,000. Any keen financial statement analyst or reader can easily forecast next year’s forecasted sales will exceed $300,000, all other factors being equal (Wiley 14). Further, relevant and valid financial information (balance sheet, income statement, and statement of cash flows) must be relevant to the needs of the financial statement users. To relevant, the financial statements must comply with the predictive value tenets of the International Financial Reporting St andards. Consequently, the financial statement users can increase the reliability of the decision makers (Epstein 13). The International Financial Reporting Standards required that the financial statement should be prepared to enhance the decision making process (Jermkowcz 29). For example, International Financial Reporting Standards require the entities to report long term loans under the liabilities section of the financial reports. ... Compliance will make the forecasting activity more realistic (Porter799). In terms of forecasting value of the International Financial Reporting Standards, the financial reports should be prepared using the fair market value in recording sales or other related amounts. For example, the buyer agrees to the seller’s ?2,000 selling price pegged for one factory production equipment. Consequently, the factory production equipment is recorded in the company’s assets portion of the company’s balance sheet at ?2,000. The amount represents the customer’s fair market value of the purchased equipment. Specifically, the fair value portion of the International Financial Reporting Standards can be found in IFRS no. 2, IFRS no. 3, IFRS no 7, International Accounting Standards Board (IASB) no 16, IAS no. 39, IAS no. 40, as well as IAS no 41 (Walton 13). During the preparation of financial statements, there are many situations when International Financial Reporting Standar ds insists on focusing on ensuring the predictive or forecasting goals. For example, the standards describe the company’s financial assets as any resource that is controlled by the entity as a consequence of the entities’ prior transactions. Such asset items must have future economic benefits flowing into the business equation. Consequently, the standards require the companies to raise or lower their asset values, depending on external factors (Shamrock 8). (b) Creative accounting (causes, techniques, & effects) Cosmetic accounting causes trigger some impacts. The company’s desire to seek the bank’s approval of their long term loan applications prods the company to increase its revenues. Normally, banks base their loan approvals on

The Tea Party. The impact of the rise of the Tea Party on the American Essay

The Tea Party. The impact of the rise of the Tea Party on the American political landscape - Essay Example The initial stimulus for the beginning of the Tea Party was by Rick Santelli who worked in CNBC and he has been labeled by many as the initiator of the Tea Party. This is owing to the fact that he openly opposed the mortgage plan that was signed by the President after taking office in 2009 on air and this fuelled many protesters and groups to gather and initiate this movement. Different support groups of the Tea Party formed and worked throughout the country to present their points (Williamson et al 25, 37). The Tea Party laid a great initial impact on the political landscape of the United States owing to the great support that it received but the affectivity of the movement has greatly reduced over the years owing to the lack of proper leadership and unity as well as the changing manifestos. In the year 2009, the support for the Tea Party greatly increased and polls revealed that up to 300,000 residents of the United States took part in the organized protests. Different organization s registered under the flag of Tea Party to show their support for this movement. These included The Tea Party Nation, Tea Party Patriots, The Tea Party Express and the Tea Party Nation. Such was the success of the Tea Party and its motif that by the end of the year 2009, political candidates who were associated with the Tea Party won 39 out of the total 129 seats of the United States House of Representatives and five seats in the Senate. These victories clearly demonstrated the political effect of the Tea Party on the American political landscape (Williamson et al 37, 38). The motives for which this movement began were mainly to reduce the federal government and at the same fight against the loopholes in the healthcare policies. The Tea Party also lobbied against the high amount of taxes and the mortgage plan and also demanded the resolving of issues including unemployment as well as the lower level of representation of the common public in the government (Gabriel; Williamson et al 32). The groups that formed under the flag of the Tea Party indicate the fact that they are mainly putting forward â€Å"the voice of the true owners of the United States† that is of the residents of the country. They indicate that they are following in the footsteps of the people who brought about the revolution known as the Boston Tea Party in the year 1773 and thus they refer to their movement as the Tea Party as well. They indicate the fact that they are fighting for their country and fulfilling the dreams of the founding fathers of the United States and trying to uphold the constitution of the country. They argue that the Constitution is to be truly followed and the freedom of the people is not to be invaded by the governing bodies. They present the fact that the common man should be represented in the governing offices so that their problems are properly solved. Furthermore, they also argue that illegal immigrants should not be allowed to enter the country and proper b udgeting schemes should be devised for the benefits of the common man and taxes should be reduced to minimum (The Tea Party). The Tea Party movement has been a center of controversy. It has its own supporters but opposing groups present the fact that the success of the Tea Party is not very high and it has greatly reduced over the years. Furthermore, it is also explained by the oppositionists that the Tea Party does not represent all the people of the country but it rather represents only a few groups and races. This was indicated by a survey that was conducted by the CBS News and the New York Times. This survey was conducted in the year

Organizational Culture Essay Example | Topics and Well Written Essays - 250 words - 1

Organizational Culture - Essay Example According to his perspective artifacts, values, and basic assumptions do not reflect separate levels of culture. This perspective tries to link the manifestations of culture to provide a deeper understanding of the overall organizational culture. Therefore, the perspectives of these two authors regarding organizational culture are very different from each other. Changing organizational culture is very significant in an organization’s effort to increase its performance. However, this culture requires continuous changes in order to sustain growth in organization’s performance. Organizational culture can be changed by following four major steps. The first step is undertaking a research on the current organizational culture. The second step is designing a strategy to change the culture while the third step is implementing the strategy designed. The final step of changing the organizational culture is the evaluation of the changes obtained from the strategy. Organizations can undertake changes on their different aspects. The changes are always very closely associated with changes in the organizational culture. This is because organizational culture results to overall change in the organization. Organizational development is regarded as a change in the primary level of organizational aspects of a company. Such changes include changes in both the individual and group level of the employees of the organization. Introduction of new technology in an organization is a challenge to both the management and members. In implementing a new accounting information system, I would begin by researching on various accounting management systems and the benefits of each of the systems. After researching, I would select the most beneficial accounting management system and then communicate to employees about the benefits that the organization would obtain from the new system. Moreover, I would inform them the benefits they can derive from the system and

The Warming of the Earth Essay Example | Topics and Well Written Essays - 500 words

The Warming of the Earth - Essay Example With the millions of people that call Earth 'home', the condition of the planet is one that many have sought to gather more information about, in order to understand the degree in which the planet may be in peril, as well as to what degree human actions would be responsible for it. "Throughout Earth's history, the climate has varied on many time and space scales. In that sense, climatic change is not new, and humanity has had to adapt to a constantly changing climate. Human action has itself had an impact on that climate. Until recently, the impact was local, but now there is concern that human activity, primarily through the emission of greenhouse gases into the atmosphere, is leading to a world-wide climatic change which is more rapid and more extreme than any encountered during human history," (Robinson & Henderson-Sellers, p.267). While the extent at which the climate of the planet has varied, so has the impact of its inhabitants. As humans increase their usage of such resources, the rate of global warming is steadily increasing, in conjunction with such behavior patterns. As is the case with many di

Corporate Finance-Mergers and acquisitions Essay

Corporate Finance-Mergers and acquisitions - Essay Example Generally, mergers are brought about in a consensual and cordial environment where the target company helps the purchaser in a 'due diligence' process to ensure that the deal is beneficial to both parties. But acquisitions are sometimes "hostile", in that the acquiring company purchases in the open market a majority of outstanding shares of the target company against the wishes of the target company's board of directors. 'Mergers and acquisitions should be value creating for the shareholders of both the 'offeror' and the 'offeree' companies'. Value creation is also necessary for further growth. Creating value implies earning a return on invested capital in excess of the cost of capital over time; or earning a strictly positive profit, that is where revenue minus all expenses is greater than zero. Value creators do not have to worry about a capital shortage. They are either flush with internal funds to meet their investment needs, or can attract the needed capital from the markets, which are always in search of profitable investment opportunities. And such companies will also create over time a cadre of managers who have higher standards and better capabilities than the competition. Many companiCurrent state of M&A Many companies have had recourse to M&A as a sure path to fast growth. Operational synergy and economies of scale are the strengths of M&A propelling growth. But the failure of many M&A in the 1990s has actually reduced shareholder value instead of increasing it and as a consequence, both management and investors are now taking a closer look at what makes a merger or acquisition a success or a failure. (K@W, 2003). But there have been some exceptions and one exception has been the recent acquisition of Arcelor by Mittal. The Acquisition of Arcelor by Mittal The rise of Mittal Steel has been a story of growth and expansion through acquisitions, beginning with that of the Iron and Steel Company of Trinidad and Tobago in 1989 and culminating in 2006 in the acquisition of Arcelor, Europe's largest steel producer. Mittal has grown by buying struggling steel plants around the world and knitting them into the world's biggest steel company. It has a strong presence in North America and Europe, but in Asia its operation is confined to Kazakhstan. It is the world's largest and most global steel company, with shipments of 49.2 million tons and revenues of over $28.1 billion in 2005, owning steel-making facilities in 16 countries and employing over 224,000 people. The shares of the company are listed on the New York and Amsterdam stock exchanges. The company produces a broad range of products for the flat and long products markets and has among its customers well known names in the automotive, engineering and appliance sectors. (http://www.mittals teel.com/company/Profile.htm) Mittal Steel announced its intention to acquire Arcelor on 27 January 2006, for a total of 24 billion euros. Arcelor had been created in 2002 by the merger of Aceralia, Arbed and Usinor, with an intention of mobilizing their technical, industrial, and commercial synergies in a joint

The Warming of the Earth Essay Example | Topics and Well Written Essays - 500 words

The Warming of the Earth - Essay Example With the millions of people that call Earth 'home', the condition of the planet is one that many have sought to gather more information about, in order to understand the degree in which the planet may be in peril, as well as to what degree human actions would be responsible for it. "Throughout Earth's history, the climate has varied on many time and space scales. In that sense, climatic change is not new, and humanity has had to adapt to a constantly changing climate. Human action has itself had an impact on that climate. Until recently, the impact was local, but now there is concern that human activity, primarily through the emission of greenhouse gases into the atmosphere, is leading to a world-wide climatic change which is more rapid and more extreme than any encountered during human history," (Robinson & Henderson-Sellers, p.267). While the extent at which the climate of the planet has varied, so has the impact of its inhabitants. As humans increase their usage of such resources, the rate of global warming is steadily increasing, in conjunction with such behavior patterns. As is the case with many di

Understanding Property Markets. To what extent does property market Essay

Understanding Property Markets. To what extent does property market failure give a necessary and sufficient case for public intervention using planning controls - Essay Example current financial crisis clearly indicates that the nexus of the financial as well as property market can lead to the overall failure of the markets because the volatile nature of one market can readily impact another market if they are correlated with each other in any sense. In the past, it has been the practice of the financial institutions that they greatly offered easy money which allowed relatively higher volume of people to buy their own homes. This phenomenon, however, also gave rise to the speculative activity within the market which not only led to the price appreciation but also made the market more volatile and prone to economic shocks. This effect has been so much that it was estimated that more than 590 billion British Pounds were wiped out from the property market only during 2008. (Knapton, 2008). Such symptoms indicate that the property market is prone to failure and as such may require the government intervention in the market through planning controls. This essay will discuss whether the recent failure makes a case for government to intervene in the property market or not. It is argued that the free markets do not always provide the efficient allocation of resources. There are various causes of market failure and as such information imperfections, externalities as well as capital market imperfections are some of the causes which can be cited as the few major reasons behind the failure of the markets. (Keep,2006). Whether government shall intervene into markets to correct them or not is an issue of great debate which has been re-emerged again. During 1990s, it was argued that the extension of credit has a greater macroeconomic impact on the economy as credit has extensive linkages with different markets such as property markets as well as consumer durables.(Eichengreen & Mitchener, 2004). Property markets along with other markets, therefore, started to grow and reached to a level where it failed to accommodate the economic shocks and resulted

Surviving influences with sense of self Essay Example for Free

Surviving influences with sense of self Essay Although many people tend to think that media and advertising are two of the worst culprits that are destroying good moral values, what is right and wrong has always been a subject of debate in history depending on who perceives it. The cowboys and the Indians both had reasons to live in the same territory but had to fight for their rights. Western conventional medicine dominated the east but Westerners use Chinese Traditional Medicine. It is not very easy to see what is right or wrong and even if one does perceive what is correct, there is no guarantee that he or she will do the proper thing. One’s strength of character and moral values are needed to establish a sense of self that will fight the bad influence that society usually promotes. It is very easy to influence someone with poor a poor sense of self. Convincing words and vivid pictures leading to a certain desirable outcome can easily sway someone who lacks backbone to do what is being asked. The mind can easily form pictures of what could be desirable and easily sway one to making decisions – whether good or bad. Poor self-esteem can assist advertising in making false promises. In the article entitled, â€Å"In the Shadow of the Image,† written by Stuart and Elizabeth Ewen (2006 p. 207), the authors mentioned the disillusionment of Frank Miller who watched John Wayne movies and got influenced into taking up his own cause against Southeast Asians who simply triggered a bullet on his chest to his dismay. The movies he had watched were meant to boost its audience’s self-esteem but it went further to influence Miller’s way of thinking and perception of other cultural minorities. Due to his poor knowledge of who he really is, he has failed to show respect for others and ultimately based his ego on the outcome of his own cause. According to the Ewens, he felt betrayed by the images he had seen. Miller failed to identify himself properly and now feels depressed that he let himself be influenced by Hollywood. He does not realize that it was his own choices that led him to act on film influences. Low self-esteem can be infectious. A person with poor sense of self will rely on a group of people with the same problem to acknowledge a false common factor. Being part of a group can be advantageous to boost self-esteem but it can go toward the wrong direction if the group exercises its strength by being prejudiced. Biases can take the form of skin color, the way people talk, or even how people move. Vertamae Smart-Grasvenor’s essay entitled, â€Å"When You Meet Estella Smart, You Been Met! † shows how her grandmother actually overcame the problem of prejudice by relying on her sense of self to perceive what is right and wrong. Instead of giving up eating rice to avoid being the butt of many jokes, she decided to â€Å"get rid of nothing that was worth keeping† and continued to eat rice and talk like a Southerner in a northern community. (232) People with poor self-image tend to cover this flaw by making it look like they are superior compared to others simply because they are â€Å"in† or part of a larger group. These people tend to look down on others who do not think the same way that they do. Estella Smart had been the object of many condescending comments because she refused to embrace the impractical way of life that her northern community encouraged. Comments such as, â€Å"Think she is something! She ain’t no better than nobody else! † (232) are obvious signs of jealousy that could have hurt a person who did not find strength in his own identity. However, for people like Estella Smart who know themselves better, gossiping people can say whatever they want for all they care. Another effect of advertising that is truly pushed by poor self-esteem is the fact that people tend to cover up their feelings of insecurity by buying products to make them feel better. Advertisements prey on people’s insecurities and poor self-image to entice its audiences to use their products to boost their self-worth. The Ewens mention a student, Gina Concepcion, who works so hard in their local supermarket just so she can be fashionable and wear Jordache clothing. She thinks that the pants may be very expensive but they â€Å"fit better and she fits better. † (207). Gina obviously bases her self-esteem on how people think about her and her pants. She has become enslaved by her insecurity to belong and had fallen prey to Jordache’s advertising scheme. Advertising and media can be very powerful influences in everyday decision-making but the real root of the problem lies on one’s sense of self. Most people easily fall into the trap of commercials because these ads know how to use their products to cover up for whatever insecurities a person has. If a child had grown up knowing that he has the power to choose what is good and bad for him (instead of grown ups simply telling him to follow instructions), then more people would probably be more resistant to promotional schemes. Knowing that one has the power to direct one’s life is essential to help people fight for what they believe in. Without the realization that destiny is simply in one’s hands, it becomes easy for humans to get depressed and be suffocated by the many crimes that can often be read on newspapers or seen or heard on the news. Not knowing that one has the power to change things or fight against what is wrong can ultimately develop fear in one’s psyche which has led to numerous suicide attempts and successes. Beverly Jackson’s suicide incident that the Ewens mentioned, happened only because the woman felt helpless and hopeless. If she had enough sense of self to know that there are many ways to protect and empower one’s self against crime, then she could be still alive by now. Advertising and pop culture can only devour people who have poor self-image. More often than not, commercialism’s effects on its victims may not be detected because the brain has been deceived to see great solutions to the insecurities that people have. Only people who have been raised to know that they have the distinct power to put direction in their lives by using their choices can inevitably resist the temptations that pop culture has in store for every one. Estella Smart knew this and overcame being a domestic helper (which she despised terribly) by learning how to sew during the evenings after her work. (Smart-Grasvenor 232) It all boils down to how people have been raised. Advertising and media have been goons that continue to affect man’s choices and ways of life. However, the reason behind this success rests on poor self-image. If people learn to develop the power that is within them and use them to do what is good, then pop culture would diminish. It is one’s sense of self that can triumph against the negative influence of any culture. Works Cited Ewen, Stuart and Elizabeth Stuart. â€Å"In the Shadow of the Image. † Reading Culture. Ed. Diana George and John Trimbur. Place Published: Longman, 2006. 205-209. Smart-Grasvenor, Vertamae. â€Å"When You Meet Estella Smart, You Been Met! † Reading Culture. Ed. Diana George and John Trimbur. Place Published: Longman, 2006. 231-234.

Judicial Reasoning And Decisions

Judicial Reasoning And Decisions Judges often couch their judgements in language which would suggest that their role is merely to declare the law (declaratory theory). It is obvious that judges in fact use a variety of reasoning techniques. Different judges may use different techniques at different times. Inconsistencies generated as a result of different judges adopting different reasoning provides source for critique and evaluation by identifying reasoning used by a particular tribunal and to contrast this with the reasoning adopted by other judges. From this we can mark out: Where there is a consistency in the approach taken by different judges and different courts. Similarly, where there are inconsistent approaches. How judges adopt a particular form of reasoning to avoid reaching a decision, or to reach a decision that appears more just or acceptable. An understanding of how judges arrive at decisions and the reasoning employed helps with an appreciation of how law develops over time: alternatively to recognise why it is that law fails to develop in response to changing social conditions. Aspects of Reasoning Deductive reasoning: moving from a general proposition to a particular conclusion. Moving from a general observation to a particular conclusion in a particular case: All men are mortal Brian is a man Brian is mortal General observation is about man and mortality. Knowing that Brian is a man, allows the conclusion about Brians mortality. The reasoning relies on a premise, in this case that all men are mortal. Need for certainty about this general premise. Assessment is entirely dependent on the truth or accuracy of what is said about mortality and Brians gender. The utility of deductive reasoning, or reasoning based on general statements, is that it has the capacity to allow us to make predictions, for example: If it rains you will get wet major premise/observation It is raining minor premise You will get wet conclusion Facts may be inaccurate, there is the possibility of conditionality (use an umbrella), but the logic of the reasoning process which remains valid. Where a conclusion is based on a process of deductive reasoning it is important to: Assess the strength or weakness (reliability) of the premise (or premises) relied upon). Consider whether the major premise is itself true. Consider whether the major premise may be undermined by exceptions. In law a particular conclusion may be based upon an assumption that some premise is true, that it is a fact. This assumption may be derived from an assessment of the law (statute/case authority). This assumption of the law is used to make predictions based on known similar facts. There may be doubt about the law. The premises upon which judges rely may be challenged. Inductive reasoning: a particular observation induces a particular conclusion. Example: It has rained every year in October for the last five years therefore it will rain in October. Accuracy of the statement may be confirmed. But there remains some doubt about the prediction. With inductive reasoning there is never absolute certainty. Reasoning by Analogy From a given set of factual circumstances, using analogy with other circumtsnces, to a prediction about what might be the significance of those circumstances. E.g. from a set of facts in a legal case to a prediction of what might be the outcome of the case by reference to other similar cases. , At its simplest reasoning by analogy may be described by example: A has characteristic X B shares that characteristic A also has characteristic Y B must have characteristic Y The example is simplistic but illustrative. Case A is similar to Case B so similar things must be true of Case B as they are of Case A. Subjective element involved in deciding about similarities and differences, example: Wood floats on water. Stone is like wood in that it an inanimate object, it does not move. Stone will float on water. Stone possess a characteristic that is identified for wood, i.e. that it is inanimate. On the basis of the analogical method this might result in an inaccurate prediction. The selected similarity, i.e. that the fact that both are inanimate objects, is not a relevant characteristic. The selection of relevant characteristics for comparison is vital to the efficiency of the analogical method. Cases will often have similar facts but there will always be differences. Even in the most straightforward of cases, e.g., a common assault by punching, or a minor road traffic accident, precise facts actors, conditions will differ. But these differences may not always be relevant. E.g. in most cases the fact that the actors are different (age, sex etc.) when it comes to application of the criminal law is irrelevant, but even here there are exceptions. There may not be any liability in the case of a child or a person under a disability. In applying the analogical method to cases be aware of: Relevant similarities. Relevant differences. In legal context some precedent or legal authority may prevent or rules out particular similarities or differences being relied upon. A description of analogical reasoning in the law is given by Emily Sherwin: Emily Sherwin, A Defence of Analogical Reasoning in Law, (1999) 66 Uni. Chicago LR 1179. Sherwin describes the analogical method in relation to its application in law. à ¢Ã¢â€š ¬Ã‚ ¦ confronted with an unsettled question, the judge surveys past decisions, identifies the ways in which these decisions are similar to or different from each other and the question before her, and develops a principle that captures the similarities and differences she considers important. This principle in turn provides the basis for the judges own decision. Whatever one may think about the merits of analogical decision-making, there is little question that judges à ¢Ã¢â€š ¬Ã‚ ¦ and lawyers addressing judges often cast their analysis in this form. p.1179 Sherwins refers to: An unsettled question a question of dispute which the judge has to decide. A survey of past decisions a review of authority, Similarity and difference relevant factors for analogy or distinction. Need to capture some principle which provides the basis of his or her decision. Returning to similarity and difference. Similarity allows cases with similar facts to be decided based on the authority of previous decisions on basis of established legal rules. Similarity and the analogical method provide a foundation on which to build a critique of judicial reasoning (comparing outcomes in similar cases, focussing on similarities selected or overlooked). The importance of difference is that it allows cases to be distinguished one from the other. This is significant as: It allows legal rules to develop for different factual situations. It allows a judge to reach a different decision from that decided in a previous case even where this appears similar to the case which he or she is required to decide. This means it allows the law to develop. Like similarity, the identification of difference facilitates criticism of judicial decision making (cases should be distinguished so that different legal rules should apply, facts were not sufficiently different for a case to be distinguished). Critique of the analogical method may include whether or not higher principle ought to be applied. Sunstein uses the example of free speech in American states. Cass R. Sunstein, On Analogical Reasoning, 106 Harvard Law Review (1993) 741. Sunstein discusses the prohibition on banning free speech (Brandenburg v Ohio 395 US (1969)), and the possibility that some states might try to ban particular forms of free speech. Argues this is without principle unless differences in types of free speech can be identified as principled. Sunstein compares a march by the Nazi party and a speech by member of the Klu Klux Klan. She points out that: à ¢Ã¢â€š ¬Ã‚ ¦ one difference between the Nazi March and the [Klu Klux] Klan speech is that the Nazi Party is associated with the holocaust. This is indeed a difference, but American law currently deems it irrelevant. It appears unprincipled or excessively ad hoc for the states to ban prohibitions on political speech except where the speaker is associated with the Holocaust. p.745 Sunstein argues that to distinguish between the KKK and the Nazi party on the basis of an association with the Holocaust is unprincipled in the context of regulating of free speech. The principle of free speech is what informs the law in the United States. The identification of difference, even though this may be valid, cannot justify departure from the higher principle of free speech. Analogical Reasoning: Advantages and Disadvantages For many analogical reasoning is relatively unsophisticated and lacks depth or detail. But there are advantages: It does not require actors to develop their own theories to account for convictions as decisions are based on previous decisions. Actors are free to simply refer to developed principles arising from past cases. It promotes gradual evolution of the law over time giving stability. This is because where there are similarities with past cases the outcome is likely to be similar, but where there are some relevant differences this will account for change. It fits with stare decisis. You will be aware of this principle, that judges should follow the decisions of previous cases where these represent an authoritative precedent. It allows convergence on outcomes. Put more simply the law becomes predictable. It requires strong justification to depart from authority. This means that where there is departure form a particular line of authority convincing and principled reasons will support such a departure. It requires constant vigilance to ensure consistency. Judges and lawyers are always looking and checking to ensure that a particular cases falls within a line of precedent, or for other more suitable precedent. Disadvantages. The law remains static as judges are reluctant to depart from past decisions. The pace of change is slow as the law changes only incrementally as judges are able to identify differences between cases. The law fails to respond to social change which takes place at a more rapid pace than change in the common law. It maintains decisions which may be base don judicial preferences or prejudices. Is it true that the analogical method and precedent acts as a restraint on judges? Decisions and reasoning by analogy depend very much on the validity of the analogy selected, which is a matter for the judge to determine. A judge seeking to avoid a particular conclusion may determine the ratio of a particular case, the principle which it espouses, by a process of inductive reasoning from the facts of earlier cases this introduces uncertainty. A judge may formulate the ratio influenced by his or her opinion on what the law should be, it then follows that a judge may select a case which best fits his or her interpretation of the law. As lawyers we may often feel that judges in the common law system make the law. As Postema comments: We expect judges to follow rules, but it appears in common law practice rules follow judges à ¢Ã¢â€š ¬Ã‚ ¦ it was Bentham who first used the term judge made law hurling against English law as a term of contempt and abuse Gerald J. Postema, Philosophy of the Common Law, The Oxford Handbook of Jurisprudence and Philosophy of Law (Oxford, OUP, 2002), 588-621, p.589 The possibility that judges will influence the content of law even in a system of analogical reasoning, or perhaps because of the system, is a valid criticism of judicial decision making. Judges may be criticised for failing to reflect normative or social values. Where the judge decides in accordance with established principle the process of reasoning by analogy begins with prior decisions rather than a judges own observations and intuitions. It is arguable that this: Fails to reflect changing attitudes because past decision are, by definition, taken under a different set of social conditions. And that it maintains bad decisions where these do not fit with present day values. As Sunstein points out: à ¢Ã¢â€š ¬Ã‚ ¦ analogical reasoning usually does have a backward-looking, conservative, incremental character à ¢Ã¢â€š ¬Ã‚ ¦ it should be acknowledged that insofar as analogical reasoning takes current legal materials as the basis for reasoning, it can indeed be an obstacle to justified change through law. Cass R. Sunstein, On Analogical Reasoning, 106 Harvard Law Review (1993) 741. p.768 Would it be better to allow a judge to act on his or her intuition and employ ordinary moral reasoning? Lack of Theory A key criticism of analogical reasoning is that decisions are arrived at without reference to an overarching theory which provides moral content or principles. Judges are unlikely to justify particular outcomes based on a theory of law. Instead abstraction is from particular cases. Path Dependency Path dependence theory tells us that an outcome or decision, whether it be a decision taken by policy-makers such as politicians, or by judges, is shaped in a very particular way by decisions and outcomes which led up to it by the path leading to it (history matters). Legal context: decisions taken by judges in the course of interpreting and applying statute or in the course of developing the common law will be influenced by decisions taken and the outcomes of cases which have taken place in the past. Statement of the obvious: But important question is why are past decisions so influential? Why is precedent and past decisions so compelling? Can path dependency explain the non-prescriptive nature of precedent within the common law? System of precedent allows the law to remain relatively stable but processes of change do take place. Law develops. Path dependency theory can explain change as well as continuity. Path Dependency Literature One of most influential writers on path dependency theory has been Paul David (economics). Work on dominance of the QWERTY keyboard system in word processing and computer technologies. David argues dominance of the QWERTY system due to processes of path dependency taking place in the manufacture of keyboards. Paul A. David, Clio and the Economics of QWERTY, American Economic Review, 1985, 75(2), Papers and Proceedings of the Ninety-seventh Annual meeting of the American Economic Association, pp.332-337. A path dependent sequence of economic change is one of which important influences upon the eventual outcome can be exerted by temporally remote events (332). Events taking place earlier in time have an important influence on the outcome of sequences of events. Statement on its own is empty and unhelpful. Path dependency theory does not stop here. Paul Pierson, Increasing Returns, Path Dependence, and the Study of Politics, American Political Science Review, 2000, 94(2), pp.251-267. Broad conception: history matters. Pierson is critical claiming this is unhelpful. Narrower definition (as suggested by Margaret Levi). Levi argues (in the context of political decision-making) that once a once a state has adopted a particular path (policies), costs of reversal are high. Different choices can be made but entrenchments of institutional arrangements will obstruct easy reversal of initial choice. Pierson, notes that once particular courses of action are adopted they can be virtually impossible to reverse. Political development punctuated by critical moments or junctures that shape basic contours of policy and therefore social life. Increasing returns: Pierson uses to explain path dependency. Steps taken in one direction induce movement in the same direction. Benefits of continuing down a particular path increase more likely that that path will be selected in the future (even in case of inefficient outcomes). Features of increasing returns: Large set-up or fixed costs. Learning effects. Coordination effects. Adaptive expectations. Pierson applies path dependency to politics. Useful in analysis of law as Pierson refers to social institution, politics, political activity and social policy. Refers to: institutional constraints; policies and constraint on behaviour, and coercive powers signal to actors what has to be done. How are these concepts relevant to the law? Paul Pierson, Not Just What, but When: Timing and Sequence in Political Process, Studies in American Political Development, 2000, 14, pp.72-92. Process of increasing returns induces self-reinforcement or positive feedback. Initial moves in a particular direction encourage further movement along the same path. The road not chosen becomes increasingly unreachable as an alternative. Pierson notes that a critical feature of path dependent processes is the relative openness or permissiveness of early stages in a sequence compared with the relatively closed or coercive nature of later stages. James Mahoney, Path dependence in sociological history, Theory and Society, 2000, 29, pp.507-548 Mahoney argues that path dependence characterizes specifically those historical sequences in which contingent events set into motion institutional patterns or event chains that have deterministic properties (507). Also refers to self-re-enforcing mechanisms (increasing returns), and power and legitimation mechanisms (509). Discusses reactive sequences temporally ordered and causally connected events. For a series of events to be path dependent they must be contingent rather than simply causally linked, and must possess a quality of inherent sequentiality (509). Mahoney seeks to conceptualize path dependence: broad conceptualization that essentially entails the argument that past events influence future events. Refers Sewells influential definition, path dependence means that what has happened at an earlier point in time will affect the possible outcomes of a sequence of events occurring at a later point in time. Most historical sociologists employ a more specific under-standing of path dependence past choices affect future processes. Path-dependent analyses minimally have three features: [1] path-dependent analysis involves the study of causal processes where early decisions are highly influential; [2] early historical events are contingent occurrences that cannot be explained on the basis of prior events; [3] path-dependent sequences are marked by relatively deterministic causal patterns. Self-reinforcing sequences: initial steps in a particular direction induce further movement in the same direction such that over time it becomes difficult or impossible to reverse direction. With self-reinforcing sequences, periods of institutional genesis correspond to critical junctures. Critical junctures are characterized by the adoption of a particular institutional arrangement from among two or more alternatives. Critical because once a particular option is selected it becomes progressively more difficult to return to the initial point when multiple alternatives were still available. Power explanation: actors make decisions by weighing costs and benefits. (refers to power of elites and is not directly relevant to analysis within the law). Legitimation explanation: grounded in actors subjective orientations and beliefs about what is appropriate or morally correct (moral approval to acquiescence with status quo). Reactive sequences: follow a different logic from that of self-reinforcing sequences. Reactive sequences are marked by backlash perhaps to reverse early events. Early events trigger subsequent development not by reproduction but through reaction and counter-reaction. Adrian Kay, A Critique of the Use of Path Dependency in Policy Studies, Public Administration, 2005, 83(3), pp.553-571. Process is path dependent if initial moves in one direction elicit further moves in that same direction. Path dependency is a process that constrains future choice sets. It is not a story of inevitability in which the past neatly predicts the future.'(554) Path dependency is about stability: observations of change challenge this notion. Critique of path dependency is that it is rather better at explaining stability than change. Picking up on argument by Thelen (1999) who argues that path dependency is too deterministic. Taylor C. Boas, Conceptualizing Continuity and Change: The Composite-standard Model of Path Dependency, Journal of Theoretical Politics, 2007, 19(1), pp.33-54. Analysis of institutional development needs to account for both continuity and change over time. Problem with path dependence which emphasizes lock-in is that political institutions change over time, exhibiting flexibility rather than rigidity (35). Suggests a composite-standard model of path dependency to account for change to illustrates how incremental changes in political institutions can translate into fundamental transformation over time (35). Distinguishes inflexibility (limiting deviation within a path) from lock-in (difficulty in switching paths). Law and Path Dependency Mark J. Roe, Chaos and Evolution in Law and Economics, Harvard Law Review, 1996, 109(3), pp.641-668 Roe notes that the evolutionary paradigm (evolution to efficiency) has a strong grip on law scholarship. Uses road metaphor. Occasionally path dependent road becomes so costly that society rips it up and builds a new road. Where inefficiencies are built into a system path dependency helps us understand why they remain (646). Weak form path dependence two options (or more), both equally efficient. Path dependence explains why society perseveres with one but says nothing about relative efficiencies. Semi-strong form path dependence saved costs are outweighed by costs of change. Once society has established its path the costs of change might outweigh advantages that accrue. Strong form path dependence costs of change would be worthwhile but there is still resistance to change. Notes that path dependence supposes slow change through time (punctuated equilibrium). Where path dependence is strong-form change is desirable but society is stuck due to lock-in effects. Oona A. Hathaway, Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System, Iowa Law Review, 2001, 86(2), 601-665. Despite recognition of role of history in legal development little is known about the specific ways in which it matter path dependency provides analytical tool. Outcome or decision is shaped in a very particular way by decisions and outcomes which led up to it (path leading to it). In the common law each legal decision increases the probability that the next will take a particular form. Early decisions can lead to lock-in (resistance to change). Inflexibility can lead to inefficiency. Opportunities for change arise at critical junctures (guides practitioners to concentrate their resources on altering the path of the law at given instances). The past forms the point of departure for the present. The present, in turn, forms the point of departure for the future. Therefore, the historical path leading to each new outcome or decision directly shapes that outcome in specific and systematic ways (663). Several variants to path dependency. Increasing returns path dependence growing out of the economics literature. In law it is less costly to continue down a particular path than it is to change to a different path. Identifies four characteristics of increasing returns: large set-up costs; learning effects; coordination effects; and self-reinforcing or adaptive expectations. Features of increasing returns are the indeterminacy of outcome at the outset, the increasing prospect of lock-in or inflexibility. The initially selected technology will become locked-in even if there is an equally developed alternative which could have been superior. Evolutionary path dependence based on a Dawrwinian notion of gradual and progressive evolution, or an alternative conception based on new evolutionary theory where periods of stasis are followed by sudden change or punctuated equilibria. As in increasing returns path dependence it is difficult to predict outcomes of change in advance. This is because punctuated equilibria are marked by contingency. This is because the variables are not necessarily known in advance. Because of this it is not possible to predict the arrival of rapid change in advance. But once change has occurred the theory does predict a period of stability. Both forms of evolutionary theory agree that changes in the past directly determine the possibilities for the future. Describes the system of precedent within the common law. Most striking feature of path dependence affecting the common law is increasing returns due to the reliance on precedent. Process of judging generates learning effects. Common law generates significant reinforcing effects and adaptive expectations. This includes amongst litigants who will select their cases to fit with particular precedents to avoid becoming losers. This pushes the law further in the same direction and discourages litigants form bringing cases in case they lose. Judges act on incomplete information about future outcomes of their decisions, this is bounded rationality. Small early changes in the law can have significant future ramifications. Early cases on a legal issue become important because the path of the common law is locked in at an early stage. A consequence of path dependency in the law is that of lock-in or inflexibility. A further feature of path dependence is indeterminacy of outcome. Early cases are unpredictable but not inexplicable. This does not mean that there is not one correct rule, but rather that at the outset it cannot be predicted in which direction the law will move. Evolutionary theory of path dependence invoked most frequently in legal literature. In a common law system the decision in each case draws on the stock of existing precedent. Economics scholars draw on the evolutionary theory to claim that competition leads to the best results (the evolution to efficiency rule). But evolution to efficiency paradigm ignores the path-dependent nature of legal change in the common law system. Each choice is made within a constrained set of circumstances. Evolution to efficiency theory of law fails to recognize reality but is also a misunderstanding of evolutionary theory. Argues that there is an inbuilt tendency toward resistance in the common law. Also discusses new evolutionary theory and punctuated equilibrium or periods of rapid change. This can correspond with change in the law when, for example, a line of authority is developed by the lower courts and is then appealed to the higher courts. This moment may be seen as a punctuation of the biological model. In this sense new evolutionary theory bears some resemblance to critical junctures or critical moments in path dependence. Critical junctures arise as moments of rapid change followed by a period of stability, the legacy of each critical juncture remains intact until some later critical juncture arrives to change and shape the political and institutional arrangements. History constrains critical junctures but each provides an opportunity for sweeping change . Sequencing path dependency. Litigants seeking a significant impact on the law should seek out (or attempt to create) punctuations, for it is only during punctuations that major change is possible (650). Marital Rape At one time the common law provided that a man could not commit the crime of rape on his wife. Rape was not possible within the confines of a lawful marriage. The rule stems from a statement attributed to the Lord Chief Justice, Lord Justice Hale, in the middle of the 18th century. Lord Hale described that law as being that: à ¢Ã¢â€š ¬Ã‚ ¦ the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband which she cannot retract. This extract is attributed to Lord Justice Hale in History of Common Pleas, (1736) or The History of the Pleas of the Crown. It was later repeated in other sources, for example: Archbolds Pleadings and Evidence in Criminal Cases (1822). This is not the law today. The process of change was slow. R v Clarence (1888) 22 QBD 23. In this case a wife made allegations of assault against her husband. This is not a case where rape was alleged. Instead the wife claimed that the husband had carried out an assault under s.20 and s.47 of the Offences Against the Person Act 1861). Justice Wills said: If intercourse under the circumstances now in question constitute an assault on the part of the man, it must constitute rape, unless, indeed, as between married persons rape is impossible, a proposition to which I certainly am not prepared to assent, and for which there seems to me to be no sufficient authority. The decision in Clarence was that the husband was not guilty of assault was based on the Courts assessment of the law which included an acceptance of the rule that a woman gives implied consent to the act of sexual intercourse. R v Clarke (1949) 2 All ER 448, [1949] 33 Crim App R 216. In this case a man was charged with the rape of his wife at a time when the couple were still married but there was separation order in place. The separation order had been based on the ground of the husbands persistent cruelty. The separation order contained a clause that the wife was no longer bound to cohabit with the husband. At the time of the alleged offence she in fact was not cohabiting with her husband. Defence counsel applied to the court to quash the charge of rape on the ground that it did not disclose any offence known to the law. Justice Byrne held that there was a general proposition of law that a husband cannot be guilty of the rape of his wife. No doubt, the reason is that on marriage the wife consents to the husbands exercise of the marital right of intercourse during such time as the ordinary relations created by the marriage contract subsist between them. The consent to marital intercourse which was implied and given by the wife at the time of the marriage was revoked by the separation order. R v Miller (1954) 2 QB 282. In this case a wife left her husband and filed a petition for divorce on the ground of adultery. The hearing of the petition for divorce was adjourned for the husband to attend. After this adjournment of the divorce case the husband met with the wife and had intercourse with her against her will.

Freuds Psychoanalysis of the Interpretations of Dreams :: Freudian Psychology Essays

Dreams have been objects of boundless fascination and mystery for humankind since the beginning of time. These nocturnal vivid images seem to arise from some source other than our ordinary conscious mind. They contain a mixture of elements from our own personal identity, which we recognize as familiar along with a quality of `others' in the dream images that carries a sense of the strange and eerie. The bizarre and nonsensical characters and plots in dreams point to deeper meanings and contain rational and insightful comments on our waking situations and emotional experiences. The ancients thought that dreams were messages from the gods. The cornerstone of Sigmund Freud's infamous psychoanalysis is the interpretation of dreams. Freud called dream-interpretation the "via reggia," or the "royal road" to the unconscious, and it is his theory of dreams that has best stood the test of time over a period of more than seventy years (Many of Freud's other theories have been disputed in recent years). Freud reportedly admired Aristotle's assertion that dreaming is the activity of the mind during sleep (Fine, 1973). It was perhaps the use of the term activity that Freud most appreciated in this brief definition for, as his understanding of the dynamics of dreaming increased, so did the impression of ceaseless mental activity differing in quality from that of ordinary waking life (Fine, 1973). In fact, the quality of mental activity during sleep differed so radically from what we take to be the essence of mental functioning that Freud coined the term "Kingdom of the Illogical" to describe that realm of the human psyche. This technique of dream-interpretation allowed him to penetrate (Fine, 1973). We dream every single night whether it stays with us or not. It is a time when "our minds bring together material which is kept apart during out waking hours" (Anonymous, 1991). As Erik Craig said while we dream we entertain a wider range of human possibilities then when awake; the "open house" of dreaming is less guarded (Craig, 1992).

speech :: essays research papers

Persuasive Essay   Ã‚  Ã‚  Ã‚  Ã‚  In the world today one never knows what to expect, The Attacks of September the 11th were only the beginning of our nation being challenged. Lately there has been a large amount of worldwide media coverage showing the damage of the world, attacks on churches, embassies, hotels, as well as schools. Any particular areas were Americans are or where there are large groups of people inhibit. And yet this is not only Americas war it is a war that we are all receiving impact from. Many Israeli’s may feel that Americans deserve to be punished, and many are upset with Yasir Arfat, as a result of their anger suicide bombers feel that they need to take a stand for their cause at the expense of themselves as well as other’s primarily Americans. In order to create change The Israeli people need to take a stand to help stop the attacks on innocent lives our lives and the lives of those we love.   Ã‚  Ã‚  Ã‚  Ã‚  March 18,2001 two Americans died as well as three others when two terrorists threw grenades into a Prostant church near the American embassy, this attack was aimed at Americans, killing embassy employee Barbara Green and her teenage daughter. Many Americans feel outrage at the attacks that are currently taking place, however the attack with Barbara Green hits close to home two innocent Americans killed by grenades while visiting a foreign country bodies blown into undescriable bloody images. This is an outrage, and the Israeli people need to take a stand to help stop these terrorists attacks from happening, just as our innocent Americans are be killed, an Israeli can be harmed in the process. Is that what needs to happed before Israeli’s take a stand? After the attack on September 11th America had a tragic loss, the mass deaths of a wide rage of nationatalities were to be accounted for on American soil. We as a country have accepted our lose and have moved in, in hopes for peace in our society. And yet whenever we begin to feel safe there has been another attack on either on of our churches, or our people. Daily there are attempts being made to harm innocent Americans. When will you help to make the Attacks stop? Violence is all many know however peace has an overall justice that out weight the effects of violence.   Ã‚  Ã‚  Ã‚  Ã‚  With Passover just under we were hoping for a peace treaty to come into effect, especially after the attacks killing two Americans on March 18,2001. speech :: essays research papers Persuasive Essay   Ã‚  Ã‚  Ã‚  Ã‚  In the world today one never knows what to expect, The Attacks of September the 11th were only the beginning of our nation being challenged. Lately there has been a large amount of worldwide media coverage showing the damage of the world, attacks on churches, embassies, hotels, as well as schools. Any particular areas were Americans are or where there are large groups of people inhibit. And yet this is not only Americas war it is a war that we are all receiving impact from. Many Israeli’s may feel that Americans deserve to be punished, and many are upset with Yasir Arfat, as a result of their anger suicide bombers feel that they need to take a stand for their cause at the expense of themselves as well as other’s primarily Americans. In order to create change The Israeli people need to take a stand to help stop the attacks on innocent lives our lives and the lives of those we love.   Ã‚  Ã‚  Ã‚  Ã‚  March 18,2001 two Americans died as well as three others when two terrorists threw grenades into a Prostant church near the American embassy, this attack was aimed at Americans, killing embassy employee Barbara Green and her teenage daughter. Many Americans feel outrage at the attacks that are currently taking place, however the attack with Barbara Green hits close to home two innocent Americans killed by grenades while visiting a foreign country bodies blown into undescriable bloody images. This is an outrage, and the Israeli people need to take a stand to help stop these terrorists attacks from happening, just as our innocent Americans are be killed, an Israeli can be harmed in the process. Is that what needs to happed before Israeli’s take a stand? After the attack on September 11th America had a tragic loss, the mass deaths of a wide rage of nationatalities were to be accounted for on American soil. We as a country have accepted our lose and have moved in, in hopes for peace in our society. And yet whenever we begin to feel safe there has been another attack on either on of our churches, or our people. Daily there are attempts being made to harm innocent Americans. When will you help to make the Attacks stop? Violence is all many know however peace has an overall justice that out weight the effects of violence.   Ã‚  Ã‚  Ã‚  Ã‚  With Passover just under we were hoping for a peace treaty to come into effect, especially after the attacks killing two Americans on March 18,2001.

Cement Production Process Description

Little understanding of who the cement production process, cement production will be mentioned when it comes to â€Å"two grinding a burn†, ‘e they are: raw material preparation (a mill), Cement Clinker Processing Plant, cement grinding (two grinding) . In a portland cement plant, cement production has the following main stages. Prepare raw materials: Limestone is the main raw material for cement production , limestone is the main raw material for cement production .Limestone is the largest amount of raw aterials for cement production , the larger the particle size after mining , high hardness , thus crushing the material crushing limestone cement plant occupies a more important position. Most of the raw material to be broken, such as limestone, clay , iron ore and coal. It is said that many manufacturers use Jaw crusher manufacturers in india production crusher for crushing . Limestone is the largest amount of raw materials for cement production , the larger the particl e size after mining , high hardness , thus crushing the material rushing limestone cement plant occupies a more important position.Raw materials and fuel poured into the pit by a dump truck unloading , fed by a plate feeder crusher broken. Raw materials crushed by a belt conveyor to the pre-homogenization yard. Prehomogenization memory of raw materials, to take the process of applying scientific stacker reclaimer technology to achieve the initial homogenization of raw materials , the raw material yard along with storage and homogenization function. Raw materials crushed by the pre- stacker tacker homogenization and stratification , and then take the feeder scraper reclaimer .Remove the raw material from the belt conveyor to the raw ingredients stations and other places. Grinding the raw material : in this phase using the vertical mill and a ball mill, a roller former use of the pressure leakage through the crushed material , which relied on the ball of the material for grinding. The new Crushing And Screening Plant production process, raw material composition is stable pit entry clinker burning thermal stability of the system under remise of raw material homogenization system plays a stable raw material composition pit entry last a gatekeeper role .In continuous production line set up a raw meal silo storage and materials are metaplasia . After the raw material database partitions alternately inflated unloaded from the mixing chamber to the periphery of the annular region , the raw material in the mixing chamber is inflated uniformly stirred . After homogenization of material powder is measured after passing through air delivery chute and bucket hen through the dosing valve , valve locks were fed two feed ports dual series preheater .Cement Clinker Processing Plant: Feed preheater raw material powder, after preheater and calciner pre-heat decomposition, the next five cyclone feed tube into the rotary kiln, and then fired at high temperatures in a kiln, and the n through kilns fall into the cooler for cooling, the clinker is cooled to ambient temperature after +65 C, transported to clinker libraries and databases through yellow zipper machine.

Family Values Are Not Contradictory to Personal Choice as Well as Self-Fulfillment Essay

With the collapse of the traditional family mode and the accelerated development of the capitalist world, the world has changed significantly. According to John Dewey, â€Å"The significant thing is that the loyalties which once held individuals, which gave them support, direction, and unity of outlook on life, have well-nigh disappeared† (Individualism—Old and New, 1962). And the situation remains the same in the 21st century. There has been more flexibility on lifestyle and people are no longer under the pressure—or under less pressure –of forming a family. Some people choose to devote their whole self to what they want to do, claiming that carrying out family values will prevent themselves from choosing what they really want and affect the process of realizing self-fulfillment. There has been a heated debate on whether family values are contradictory to personal choice as well as self-fulfillment. This essay will consider arguments in support of family values conflicting personal choice as well as self-fulfillment, and then point out the problems of these statements. It will set forth reasons why family values are not contradictory to personal choice as well as self-fulfillment. Many people claim that people are not free to make personal choice because of family values, especially in a society dominated by Confucius culture, where several generations live together and filial piety as well as blood relationship is appreciated; however, this is not true. In Confucius culture, rather than love relationships between couples, much weight is put on the affection between family members. As Lin Yutang said in â€Å"The Chinese family ideal†, this affection contributes to a feeling of obligation which amounts to a deeply religious attitude. This leads some people to suspect that family members may have to sacrifice their own opportunities or even personal life for the advantage of the whole family, which negatively affects their pursuit of self-actualization. Generally speaking, this statement is true. Nevertheless, it is insufficient in the sense that it ignores the implications of affection between family members and wrongly interprets Confucius family mode. Chinese philosophers make the passion between husband and wife the very basis of a normal human life so much that they regard it as the very foundation of all normal human life (Lin Yutang, 1937). Besides, Confucius culture starts out with a belief that man exists as a member of family unit and no one exists completely alone. So, by emphasizing the affection between family members, Confucius culture regards one’s achievement the glory of his own and at the same time the glory of his family. In other words, the whole family will stand out if one member needs help, which means it is possible to facilitate his chase of self-fulfillment with the resource from the whole family. It can be inferred that with family values, how much easier it is for one to fulfill himself once he makes the decision. Family values play an important role in facilitating one’s pursuit of self-fulfillment, especially in a family appreciating Confucius culture. It has been argued by some that one evidence showing how family values are against personal choice as well as self-fulfillment is the unattainable balance between career and family; yet this statement is problematic. With the accelerated pace of city life in modern society, many people have failed to maintain a job and a family at the same time. And in most of the follow-up of these cases, men turn to career and have to spend little time with family members while women sacrifice their career to stay at home and look after the whole family, and more and more young people turn to a personal choice of remaining single in the name of pursuing self-fulfillment, instead of celebrating family values by marrying a spouse and having children as what people did in the old days. However, although the dilemma of modern citizens does exist, the statement above is no longer correct, for it is the result of misunderstanding. As Immanuel Kant introduced in his philosophical system, freedom is not about doing what we want according to instinct, but about realizing our free will by controlling our instincts. Therefore, family values are not to blame for restraining our choices as we are not free to our choices in the first place. People should face the fact that their time is limited and be aware of their unlimited choice of way of self-fulfillment. This means, to work for long hours to support the family is an admirable method to value the family and fulfill themselves as well. From my point of view, family values and personal choice as well as self-fulfillment are so tightly connected with each other that we cannot even separate them. Self-fulfillment is realized through a series of personal choices, and personal choice depends heavily on the influence of family values. Because the personal choice one makes is never fully personal. It is affected by numerous external factors, for example, the economic and political environment, the inter-person relationship as well as the mainstream values, and he justifies and weighs these factors using his beliefs which are influenced by his family values. On top of this, whatever the social environment and cultural background, the universal family values contain the concepts of flexibility, communication, compromise and unconditional love. Healthy family values are intended to make the family a positive and supportive place for members, facilitating their personal choices as well as self-fulfillment. After analyzing the arguments presented here for both sides of this question, it can be contended that family values are not contradictory to personal choice as well as self-fulfillment. People’s belief for family values can be a strong support for one to realize his ambitions in the sense that the whole family will be his backing. And one’s pursuing for self-fulfillment can be another admirable way to celebrate family values. Family values, personal choice as well as self-fulfillment are actually interactive factors positively affecting each other.

A Survey of Five Sex Education Methods Essay Example | Topics and Well Written Essays - 1500 words

A Survey of Five Sex Education Methods - Essay Example The study showed that Adolescents that reported healthier home relationships had significantly more sex education at home. Fathers that reported healthy home relationships were more involved in the sex education of their children. Mothers on the other hand, reported that sex education at home had no correlation to healthy home relationships. The paper approves that the Abstinence Only method of sex educations focuses on teaching programs that advocate abstinence from premarital sex and increased respect towards themes regarding sex. It has found many advocates among private educational and religious institutions that subscribe to the notion of chastity and purity before marriage. The study used questionnaires before and after the said programs to determine if there was any change in the students’ outlook towards sex. This report makes a conclusion that as the body of knowledge regarding learning theories and media efficacy regarding education increase, so will the methods for the dissemination of sex education issues. Each of the methods discussed above will claim to be effective in some way, each affected by the biases, belief system, and culture of the intended audience. The studies conducted and the data gathered regarding such alleviates some of the burden from the readers mind when considering the implications of these methods. With the data thus gathered regarding the various sex education avenues mentioned, it becomes easier to put these methods into perspective for future reference and use.

The Underlying Theory of Fingerprinting Essay Example | Topics and Well Written Essays - 5000 words

The Underlying Theory of Fingerprinting - Essay Example The underlying theory regarding the practice of fingerprinting is the concept that no two people in the world possessed identical sets of fingerprints (Zhang, 2001; Epstein, 2002; Specter, 2002; Kumar & Shama, 2009; Cole, 2001, 2005; Leibhan, 2003). This particular theory is the guiding principle with which developments pertinent to fingerprinting has been pursued. In this regard, the following are the findings of the research. First, the concept of fingerprinting as a mechanism for purposes of identification has been known since the ancient period (Specter, 2002; Cole 2001). However, the current trend of utilizing fingerprinting for purposes of identifying, investigating and solving crimes is a current advancement in the field, which is brought about by developments in science and technology together with the condition of increased mobility of people (Sombat, 2006; Cole, 2005; Epstein, 2002). This conceptual finding is significant because it highlights the fact that first, fingerprinting is a recognized tool that a can be used for identification regardless of genre or period in history. Second, from the historical rooting of fingerprinting one can impugned that fingerprinting has been adopted as early as the nineteenth century for criminal investigation. Finally, third, the contemporary concept of fingerprinting is a result of the coming together of science, technology, judiciary, increased mobility of peo ple brought about by globalisation and demands in the contemporary society. This figure shows that the current understanding of fingerprinting is a result of the coming together of several factors that can be rooted from the historical tradition that has been traced in this research.

Debt Cancellation and its impact on poverty in developing countries PowerPoint Presentation

Debt Cancellation and its impact on poverty in developing countries - PowerPoint Presentation Example The paper tells that debt relief or debt cancellation is partial or full forgiveness of debt from developed countries to developing or poorest countries. Organisation for Economic Co-operation and Development noted that debt service payments in hard currency in fact scarce domestic resources from major important investments such as in health and education and thus cause poverty as well. Debt relief is thus an integral part of the efforts taken by international community to reduce poverty worldwide. In 1996, World Bank and International Monetary Fund took initiative for Debt Relief whereby Heavily Indebted Poor Countries (HIPC) will get faster, deeper and broader debt relief. This agreement was designed with a view to make these countries introduce measures to reduce poverty in these countries. By 2005, The Multilateral Debt Relief initiative was agreed to provide 100 percent cancellation of IMF, World Bank, African Development Bank and Inter American Development Bank for all those co untries that have completed HIPC initiative. The HIPC initiative has been aiming to provide debt relief to 40 most poorest countries, with a condition that all these countries must have high level of poverty and unmanageable levels of debt. In order for a country to be eligible for debt relief, it is required to demonstrate World Bank and IMF that it has plans to reduce poverty in the country. The HIP countries later have shown sincere commitment to put sound macroeconomic policies with a view to reduce poverty. ... 269). The HIP countries later have shown sincere commitment to put sound macroeconomic policies with a view to reduce poverty (IMF and World Bank, 2001). The main purpose of HIPC initiative and debt relief was poverty reduction, and this has been found to be highly effective for many countries. The debt relief or debt cancellation to poorest countries has been found to be an effective way to improve health and education in the country and thus to reduce poverty. Figure given below illustrates that spending on education and health as improved due to the HIPC debt relief. Lala, Ranganathan and Libresco (2006, p. 6) observed that debt relief was becoming an ongoing mechanism for resource transfer so that the country can free up resources for poverty reduction purposes. It is generally agreed that debt relief to poorest countries has caused improvements in health and education spending due to resources transfer and as a result poverty has been reduced in the poorest countries. But, it is also argued that it may not be the same in the case of developing countries. Cancellation of Developing Countries’ debt and poverty problem It is argued that debt relief or debt cancellation owed by developing countries may result to reduce poverty since these countries will be able to adopt domestic policies and strengthen institutions to take advantages of global markets, which in turn help them increase the share of trade in their GDP. As these countries gain debt relief, they can participate in globalization by exporting to or importing from other countries and thus to be able to maintain favorable balance of payments. These countries also would

Business Law Essay Example | Topics and Well Written Essays - 500 words - 12

Business Law - Essay Example one person to another, for example, fraud, assault, and theft.  On the other hand, negligent torts entail harm committed when one fails to exercise a given level of caution (care) – a reasonable standard of care. The final category is the strict liability torts which apply quite differently from the torts of intentional and negligence. As seen in the negligence and the intentional torts, the two concerns the defendant’s culpability whereas strict liability concentrates on the act itself, regardless of the exercised level of care or the intentions. To exercise the law of tort, various sources might be consulted to maintain justice amongst the parties involved in a criminal case. Some of these sources include the concepts of Case laws and/or statutes. Statutes are established by the agent of the government, while Case laws consult the precedence of formerly ruled cases which seem to have similar line of argument and premise. Case law holds that the laws can be orally stated or put in writing. Written and properly undersigned documents provided irrefutable evidence in court. However, case law as well considers orally declared agreements, even though not put in writing; this is handled by interpreting laws or establishing new precedence in favour o f the plaintiff. Different colonies have different Common laws; for example, Case laws applying in the U.K. are quite different from the ones applying in the U.S. Jamie Clark and Joe Adam entered into a contract for services, in a very informal way. The two meets over dinner and draft the contract’s basics at the back of the menu without adding an â€Å"integration clause† which would have acted as the final draft and that only the written terms in that agreement would apply in case of dispute. Despite the fact that the two didn’t involve â€Å"integration clause,† Case law would apply, by considering the credibility of the drafted basics on the back of the menu. The elements of the basics would have to be elaborated

Statistical Testing of the Impact of Working Hours and High-Risk Work Essay

Statistical Testing of the Impact of Working Hours and High-Risk Work Conditions on Injury - Essay Example Active work participation and good supervision are some of the important aspects in ensuring hazards are identified and tackled. Nevertheless, training workers is important so as to ensure that they are aware of ensuring safety in their workplaces. In this study, an investigation will be conducted in respect to the relationship between injury rates and different conditions in the workplaces. Although many organizations have some means of preventing and controlling hazards in workplaces, the effect of some conditions such as the total hours allocated for working and the impact of sensitization on high risk work places compared to less sensitization in low risk work places is ignored in many studies (Kennedy et al, 2010). Therefore, this study will investigate the impact that variation in the number of working hours and lack of protective sensitization in low risk workplaces, have on injury rates in workplaces. ... For the degree of risk involved at workplace and injury rates H0: The degree of risk involved is positively associated with the injury rates; H1: The degree of risk involved is negatively associated with the injury rates; These tests of validity for these hypotheses on the basis of results and conclusions reached in the following sections enables the researcher to establish the relationship between identified variables in this research. Method and Results The number of actual hours worked by all employees in the area/team for the 12 month period ending December 31, 2009 were taken and recorded in an excel spreadsheets. Also, operations for supervisors differed in terms of activities and risks. Risk ranged from low (1) office related to high (7) manual material handling activities. Table 1 Risk Range 1 2 3 4 5 6 7 Low ? ? ? ? ? ? ? ? ? High This data was taken and recorded in an excel worksheet as well. Finally, the average rate of injuries per 100 employees over 12 month period was r ecorded on the excel worksheets. Among these variables, the injury rate was taken as the dependent variable while the level of risk and hours worked was taken as the independent variables. The aim of the study is to find out the relationship between injury rate on the one hand and hours worked and risk, on the other hand. In other words, the researcher formulated a statistical model to find out whether the risk and hours worked can be used to predict the rate of injuries in workplaces. The data collected in the excel worksheets are then imported into an SPSS sheet for statistical analysis. The analysis conducted under SPSS includes both descriptive analysis and