Hart and Fuller Legal Arguments Analysis

Hart and Fuller Legal Arguments Analysis There has been a debate between Hart and fuller that has brought up arguments and room for discussion. This essay will show three specific arguments put forward by both Hart and Fuller; the criticisms of Harts theory and the reasoning behind the rebutting of the statement Fuller confuses the efficacy of a legal system with its morality. The starting point would be to look at the ideals and the reasoning behind the theory that was suggested by Hart. Hart can be seen as a 20th century positivist who believes that there is a separation between what the law is and what the law ought to be[1]. This means that there is a distinction between the law and morality. Hart begins with the explanation of how rules that confer rights need not be moral rules or coincide with them[2]. He also went further to say that rights exist under the rules of formalities, games and in many other spheres regulated by rules which are irrelevant to the question of justice or what the law ought to be[3]. This argument shows how Hart has made the distinction between legal rights and moral rights which goes back to the separation of law and morality. In addition to this, Hart expresses what a legal system should consist of. He believes that people in the society generally obey the rules and when that society has no court or police reinforcement it will have some sort of informal rule to organize the social life[4]. If people want a secure life they have to follow these rules[5]. These rules according to Hart are primary rules; the primary rules set out what the obligations and duties are in a society[6]. Examples of such rules would be criminal prohibition and tort rules because these rule prohibit theft and forbids certain conduct[7]. Hart explains that a legal system cannot operate with primary rules alone, there has to be another set of rules that shows and tell the people of society how those rules of conduct work. These are known as secondary rules and they contain three rules which are (1) the rule of recognition, (2) the rule of change and (3) the rule of adjudication[8]. The rule of recognition is the rule that helps identify the uncertainty of which are rules when a society has a lot of primary rules[9]. The rule of change is the rule that specifies the procedure of changing the primary rules and the rule of adjudication is the rule that establishes the process of determining the application of a primary rule in particular cases[10]. Hart believes that the rule of recognition plays a vital role in a legal system. This is because it is a matter of social practise; it does not need to be written down[11]. It is the rule that society accepts as the authoritys way to determine what the primary rules are.[12] Hart believes that an effective legal system could have wicked laws. Another argument that Hart purports is that of Judicial interpretation. Judges look at the standard meaning of the word. Hart believes that the task of interpretation is commonly that of determining the meaning of the specific words of a legal rule, like vehicle in a rule excluding vehicles from a park[13]. Particularly the task of interpretation is to determine the range of reference of such a word[14]. Communication is possible only because words have a core of meaning that remains constant whatever the context in which the word may appear[15]. Except in unusual circumstances where it would be proper to regard a word like vehicle as accepting its standard meaning. This meaning of the word will have in any legal rule, whatever its purpose is. If a judge is applying the word to its standard meaning, then there is no creative role; the judge is simply applying the law as it is[16]. In addition to this Hart also talks about the words having a penumbral meaning which varies from context to context. Following the example given in the previous paragraph when the object in question (tricycle) falls within the penumbra the judge has to assume a more creative role[17]. The judge will have to make an interpretation of the rule in the context of its purpose and aim[18] which gives room for judicial discretion. When questions of this sort are decided there is at least an intersection of is and ought[19]. The judge makes decisions on what the rule is but he does this in the light of his notion of what it ought to be to carry out its purpose[20]. Looking at the arguments and theories that Hart suggests there are some inconsistencies that gives room for criticism and questioning. In making these criticisms, Fullers theory and argument will be used. The first argument by Hart that referred to the separation of what is and ought to be can be criticised. He believes that law confers rights but these rights need not be moral. Fuller explains that certain moral standards are built in to the concept of law itself. It is agreed that the law confer rights on individuals but since there are certain moral standards embedded in the law then it would be wrong to say that these rights conferred by law are not necessarily moral rights. This shows the that law and morality are not as separate as Hart claims. In relations to Harts second argument regarding what a legal system should consist of, in contrast to this fuller gives his own theory of how a legal system should be. Fuller discusses that the function of a set of rules must play is defined in the law[21]. Law as defined by Fuller is a particular way of achieving social order by guiding human behaviour according to rules[22]. He attempts to identify what he calls the internal morality of a system of legal rules[23]. In order for rules to be effective and qualify as law in any system these eight principles of legality must be adhered to. They are (i) the rule should be general; (ii) the rule should be made public, (iii) the rule must not be retroactive (iv) the rule should be clear, (v) the rule should be non-contradictory, (vi) the rule must be possible to follow, (vii) the rule should remain constant through time and (viii) there should be congruence between official action and declared rules. In other words, running the legal syst em fairly based on the eight principle seems to be a prerequisite of running it effectively and this suggests a point where law and morality merge[24]. It is important to note that Fuller does not claim that any system that follows these procedures is perfectly moral[25]. Rather, his view is that the procedures embodied in a legal system are morally important and determine whether a set of rules really count as a legal system[26]. The purpose of this legal system is to provide people with guides of action. He goes on to explain that for a legal system to be effective there has to be a cooperation between the officials and the citizens. In relations to the third argument of Judicial interpretation. Hart believes the judiciary should interpret the law in its literal meaning when dealing with core cases but in the penumbra cases there is room for judicial discretion and this is where the judge interprets the law based on what he thinks ought to be law to carry out its purpose. This in itself shows how contradictory the principle he gives is. He clearly states that law and morals should be separate but when it comes to penumbral cases there should be a merge of law and morality to satisfy the purpose of the law. In terms of interpretation Fuller believes the law must be interpreted in light of its purpose. Fuller also explains in interpreting the law the judge should try to make it fair in order to persuade the citizens to fairness and the rational of the law. Fuller criticises the theory of the Nazi informer made by Hart in his thesis. He believes that a system such as that in Nazi Germany could violate the morality of order to such an extent that it no longer had laws[27]. Fuller agreed with the theory set out by Radbruch who explained that the doctrine of fundamental principles of humanitarian morality were part of the very concept of legality and that no positive statute however clearly expressed it was could be valid if it contravened the basic principle of morality[28]. In conclusion the theories that Fuller puts forward against separation of law and morals are much more substantial and it shows that rather than fuller confusing the efficiency of a legal system with its morality. He shows that for a legal system to be effective it has to have an underlying morality. BIBLIOGRAPHY Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [1] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 549 [2] Ibid, 606 [3] Ibid, 606 [4] Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. [5] Ibid [6] Ibid [7] Ibid [8] Ibid [9] Ibid [10] Ibid [11] Ibid [12] Ibid [13] Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 [14] Ibid [15] Ibid [16] Ibid [17] Ibid [18] Ibid [19] Ibid [20] Ibid [21] Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 [22] Ibid [23] Ibid [24] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [25] Ibid [26] Ibid [27] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [28] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 617

lord of the flies :: essays research papers

Lord of the Flies What could be more perfect, than a group of kids alone on a tropical island? Where there are no adults or rules to live by. This would seem to be any child’s dream. This is the setting for William Golding’s novel Lord of the Flies. In this novel a group of British boys get stranded on an island, with no sign of people around them except for themselves. At first the boys are prepared have fun and good times. It isn’t long until reality sets in. There are many things to be done. Out of the excitement two boys, Ralph and Jack, emerge as potential leaders. Ralph, who is the more levelheaded of the two, represents the civilized side of human nature. But Jack, who loves adventure and excitement, represents the savage side of human nature. What side of human nature will the boys choose, a civilized society or a savage one?   Ã‚  Ã‚  Ã‚  Ã‚  Ralph is a tall and fair-haired boy about twelve years old. Because of his looks athletic abilities, the boys think of him as a natural leader. Jack in the other hand is a bully, who likes to intimate the other boys. Jack is the only one that carries a knife and enjoys using it, when attempting to kill the piglet. Jack is always competing with Ralph for control over the boys. Both boys recognize the need for order on the island. Ralph tries to form a more orderly way of living, by using the knoch as a way to keep order. Any one who had something to say had to wait to get the knoch. In contrast to what Ralph was tiring to do, Jack and his choirboys would enforce the rules buy beating up anyone who disobeyed. Because of their different ideas and principles, the two boys drift apart. Ralph who is more responsible wants the boys to start making shelters for them to live in. In contract Jack’s only concern is to hunt and catch the wild pig. As the novel progress es Ralph continues to try and civilize the boys. As time goes by all Jack is concerned about is the thrill of the hunt. As Jack’s obsession with hunting grows, he dives deeper and deeper into the savage side of human nature. When Jack begins to paint his face with clay. He sees his reflection in the water and he is surprise by the his appetence.

Getting Back To Basics :: essays research papers

Getting Back to Basics In earliest times primitive people made contact with the outside world through the same five senses used by people today. They could hear the sounds of animals, see objects, feel the rain on their faces, smell the fragrance of wild flowers, and taste berries and other foods. Primitive people also expressed their feelings through art and dance. The cave paintings in Lascaux, France, which were drawn some 27,000 years ago, depicted animals of the time. Do these images show Paleolithic man’s continuity with nature? It is not known whether these pictures had a methodical, or a magical or religious purpose; however, they did show that primitive people had both a need and a talent for self-expression. In Suzi Gablik’s book, Conversations before the End of Time, Gablik touches base with several artists analyzing the discontinuity between man and nature, nature and art, and art and man. During interviews with each artist, philosophical questions arise, such as what is art for (Ellen Dissanayake), are humans really at the apex of the pyramid (Christopher Manes), and can mankind survive without modern technological civilization (Rachel Dutton and Rob Olds)? Links between ecology, psychology, and art are explored, and the consensus among the artists states that mankind needs to change how we live with the earth by getting back to the basics. What is Art For? & Making Art About Centipedes If you were to ask Ellen Dissanayake what is art for, she would reply that art is â€Å"making special.† Dissanayake believes that humans, since the beginning, have been attracted to objects that were ‘extraordinary or special’, and ‘make special things’ to show that we care and have regard for those things. Most importantly, â€Å"art is for everyone and not solely for an elite group of artists in the art world.† Upon first reading this article, I agreed with Dissanayake, however after rereading, I discovered that there was some hypocrisy in what she was saying. Initially, Dissanayake created a solid argument on why art is important to man, why we create art, and to whom art is created. However, when linking this to the importance that man must â€Å"realize that we cannot go on living in ways that are so mechanical, materialistic and hard on the environment (Dissanayake, p.54), Dissanayake separated man into a Darwinist view of nature, and m an’s superiority over it. In my opinion, this view is the reason man is disconnected with nature.

Hurricane Island: Outward Bound School Case Essay

The objectives of the organization is to provide a safe, challenging, educational experiences in a wilderness setting with is carefully structured to improve self-esteem, self-reliance, concern for others and care for the environment. The strategy taken to achieve that is by carefully constructing the course to provide the challenges while ensuring safety, having the course directors and an active Trustee Safety Committee to rigorously monitored the activities and instructors, and also making sure the instructors are all certified and qualified. So far i think both the objectives and strategy complement each other. The customers are people that search for adventure, wanting to do something more exciting in their life. They are segmented to high school, college students and adults. they are buying the experience of the lifetime that most of their traditional classes or 9-5 job won’t provide. The organization is divided between how to juggle between maintaining their core values yet be sustainable. Their strength is that many of those working in the organization are passionate about what they do and really believe it. This give them real motivation. But their weakness is they do not know how to maximize the utilization of resources, be sustainable, yet able to focus and provide experience for the underprivileged. The various program can help strategize the organization to better position themselves both. The effort put in could be quantify by the amount of increase in recruitment and revenue. Marketing management should have a free hand in resources in the effort in attracting more clients and increase revenue, however operations management will need to focus on the core value of the organization and be the check and balance to the marketing, making sure in the effort to increase revenue, they do not lose focus on the directions. Philip chin should continue with his effort to attract more corporate clients, while making sure his strategy does not take precedent of the core value of the organization

Macbeth Ambition Essay

English Assignment – Term 3 Representations of ambition within Macbeth Within Macbeth, there are numerous representations of human values and conflicts, including duty vs. desire, the effects of a guilty conscience on the human journey and the differences between genders, and the superiority of men within the play, and the modern era. The value foregrounded throughout this text is the representations of ambition within the play Macbeth, and we will be focusing on the protagonist of the story, ironically named Macbeth. The effect of ambition can be a double-edged sword. Ambition can provide a person with desire, so that they can accomplish goals, and give them a kick-start towards them. On the other hand, however, ambition can transition into what’s known as vaulting ambition, which can be defined as pursuing your ambitions without taking into consideration the consequences that comes with it, and hypothetically ‘vaulting’ over the boundaries set. The protagonist within the play, Macbeth, exemplifies the act of ‘vaulting ambition’, and it is mentioned once within the play. ‘The Prince of Cumberland! That is a step on which I must fall down, or else o’erleap, for in my way it lies. Stars, hide your fires, let not light see my black and deep desires. The eye wink at the hand; yet let that be which the eye fears, when it is done, to see.’ Macbeth’s inner desires are reignited after the battle, when he arranges to meet with the three witches on the heath. The witches proclaim and prophesize that Macbeth will not only hold his position as Thane of Glamis, but also be crowned Thane of Cawdor, and eventually, the King of Scotland, though they do not say how. If Macbeth decides to seek his ambitions, that have now been reminded to him by the witches’ foresights, it would mean that he would have to eradicate the King of Scotland, through the act of regicide. This is what Macbeth was discoursing through his significant soliloquy; that the obstacles he must destroy must not be seen by the eye. He does indeed know that this act is ‘black’, meaning the act is malicious, and outright wrong, though it must be done if his accomplishments are to be met. Once he murders the King Duncan, he knows that he must prolong his undeserved spot as King, as the repercussions will be that of the actions that he have committed. This is due to the Chain of Being, which he has distinctly broken. Once this hypothetical chain is broken, which by the way, represents the natural order, the universe will be plundered into chaos, and ‘righting the wrong’ will retain the natural order. Throughout the ending of the play, when Duncan’s sons plot to overthrow Macbeth, he accepts his fate, and the apparitions stated by the three witches during their second meeting with Macbeth come to fruition. He knows of his imminent downfall, and within his final moments of life, he accepts defeat. ‘I will not yield to kiss the ground before young Malcolm’s feet, and to be baited with the rabble’s curse. Though Birnam Wood be come to Dunsinane, and thou opposed, being of no woman born, yet I will try the last. Before my body I throw my warlike shield. Lay on, Macduff; and damned be him that first cries, ‘Hold, enough!’ This scene marks the promised demise of Macbeth, and good once again conquering evil. His ambitions overall lead to his demise, and if he had either followed his orders from the King, who is a higher being on the ‘Chain of Being’, or gained the royal, majestic position through an accepted process, then his death would not have been sentenced and sealed. Macbeth’s reactions to the prophecies given to him can be compared to the composure at which Banquo reacted to the prophecies handed to him. The three witches stated that Banquo’s future male lineage will be Kings, and left it at that. Banquo never went that step further, he decided that that would be good enough, and in the end, it was the more noble decision, and his death was through an act of atrocity by Macbeth, who saw Banquo as a threat who had to be eliminated. His death was not in vein, as it allowed good to overpower evil once again. It is through his ambitions, and the persuasion of his wife, Lady Macbeth, whose intention was to propel her husband to a more powerful position. Adding to that, the premonitions of the three sisters, meant that Macbeth seemingly had no choice but to chase his burning desires. He was so overcome with thoughts and feelings that lead to him being of a higher class, that it seemed so easy, and it was something that had to be done. It can be concluded that Macbeth’s collapse was due to the poor decisions made, and his overall pursuing of his ambitions to make it to the top,

Causes and Effects of the English Language Essay Example for Free

Causes and Effects of the English Language Essay Creative writing (164) , English language (137) company About StudyMoose Contact Careers Help Center Donate a Paper Legal Terms & Conditions Privacy Policy Complaints In America, English is the national language. However, with many different cultures and ways of life, everyone doesn’t speak the same English. In the north, people tend to speak clearly and to some this is correct. In the south, people tend to tie their words together and to some this is incorrect. Ultimately, the question is, is what is good language what is bad and what causes the two. In Orewell’s piece, he criticizes the English language starting from the teachers who teach us on to the authors who entertain us. He emphasizes how bad language begins with those to people and their bad habits. He also stresses that if we â€Å"remain strong in this fight against bad English† then we will soon overcome the bad habits and whatnot. Orewell talks about dying metaphors and usage of words that aren’t in layman term. He suggests that when authors use common metaphors and uncommon scientific words, they are writing incorrectly. Consequently, readers and other writers are reading, writing, and learning incorrectly. In my opinion, Orewell’s essay was not efficient in any way. He was nothing short of a hypocrite doing what they do best. He speaks of creative writing and original methapors, but he uses neither. He speaks of using cumbersome words that nobody relates to, yet the majority of his essay was written as if he spoke old English. He doesn’t follow any of the rules that he strongly suggests will bring us out of this fight of bad English. He’s setting no example for the so-called unrightfully successful authors and novice writers. The English language has many different meanings, expressions, causes and effects. So many, that there can no be one specific person determining which are the most perfect. As stated before different regions of the U.S. determine how those people talk, so unconsciously people read and write the way they speak. Many authors use metaphors to allow the audience to better relate to the message their relaying. Many authors use scientific and uncommon words to help broaden their readers vocabulary and to expose them to more than they knew before reading their piece. These critical readers  pick up dictionaries and thesauruses and begin to further explore the language they’re so familiar with. Orewell is neither the most qualified nor perfect person to suggest how authors should write. After all, no on is criticizing his piece and how it negatively drew the audience in. If he is criticizing the way English is taught then he’s ultimately criticizing the way people interpret. Many people are doing just fine without Orewell’s negative views of the English language. Causes and Effects of the English Language. (2016, Jun 06). We have essays on the following topics that may be of interest to you

Personal Responsibility to Nature Essay Example | Topics and Well Written Essays - 1000 words

Personal Responsibility to Nature - Essay Example Under the section titled â€Å"Political Implications,† Friends of the Earth continue to arouse emotions such as anger and dismay by stating that the gulf oil spill occurred mainly because of the inaction of the federal government and the encouragement of certain politicians who will be benefitted through the oil companies.   The rhetoric used to describe the oil companies, particularly BP which caused the gulf oil spill this time, is very negative, with words such as â€Å"dirty,† and â€Å"dangerous.†Ã‚   Friends of the Earth adopt a different strategy when describing the economic and environmental consequences by highlighting numbers instead of blatantly villainizing oil companies.   For example, the website states that â€Å"At a rate of 5,000 to 20,000 barrels of oil being spilled per day, the spill's volume could eclipse that of the Exxon Valdez spill in two weeks to a month.†Ã‚   Using statistics and a well-known environmental accident as an exa mple are useful in orienting people to the seriousness of the current gulf oil spill, and thus they will be more likely to read on and take appropriate measures against the oil companies.   Another environmental group, Sierra Club, uses even more flaming rhetoric to blame the politicians by saying that â€Å"It's troubling at a time like this to see that some of our nation's leaders are still more interested in protecting the oil industry than protecting American taxpayers.† Contrary to the emotionally charged diction used in the statements of environmental groups, the BP press releases are written in plain language.  , offering the public a simple updates on their remedial work at the gulf. However, it appears that despite the great number of personnel and machinery deployed, the gulf remains highly contaminated. Considering the emotional appeal of the Friends of the Earth website, it is very likely that most of us will believe that the oil companies are villains with no redeeming properties. However, despite the responsibility we all should take in protecting the environment, we also cannot dismiss that our demand for oil is ever increasing as technology advances. It seems inevitable for politicians and oil companies to advocate and develop more means and locations for oil drilling. Otherwise, the whole country will suffer when we run out of energy. If we are not

Excel 1 Assignment-- Assignment Example | Topics and Well Written Essays - 750 words

Excel 1 -- - Assignment Example The new value was used to determine the percentage reduction for each category. The findings show that both salaries & wages and employee benefits reduced by 10%, while the supplies and services reduced by 1% each. There were no reduction in capital outlays, central services, and transfers because values were zero. Besides, the total expenditure Arapahoe County 2014 budget reduced by 5% ($256,027). The rationale for adopting such a method aims to reduce the funds that originated from the general funds because those were the only funds that were impacted. Besides, the approach ensured we keep intact the essential services. From the analysis of the budgetary expenditure of the County Attorney Department, it is apparent that a percentage reduction of 10% is likely to reduce to the general budget by 5%. Therefore, department needs to adopt and implement a reduction of 10 percent. A reduction of departmental salaries, & wages, and employee benefit will reflect a similar reduction margin for the Arapahoe County budget. Although the salaries, wages, and employees result in 10% reduction, the suppliers and services reduce by 1%. We need to reduce the expenditures originating from the general funds by 10 % to 1 %, which I think is possible to ensure our institutions is in a better position to handle the problem of increasing spending. The impact of these changes brings a reduction of the total budget by 5%, which is a significant step toward the realisation of spending adjustment. It should be noted that my recommendation did take into account all the source of expenditures that come from the general fund. Th erefore, this should not raise an alarm but should act as a model for future decision-making. The model aims to achieve exactly 10% reduction from the general fund to ensure availability of funds for another department that has scaled up their activities and hence need additional funds. For that reason, the department should provide some measures are in place to

Patient Protection and Affordable Care Act Research Paper

Patient Protection and Affordable Care Act - Research Paper Example Patient Protection and Affordable Care Act, 2010 will go down in history as a major health care reform bill that has been signed into law. It has a comprehensive coverage that would see 31 million Americans currently uninsured getting a medical cover. If this new proposal, the government will incur approximately $848 billion over the next 10 years, consequently, there will be a gradual increase in taxes and revenue is proposed to reduce the total cost of this cover by $131 billion within the same period (Eaton 2010). The proposed reform aims at achieving a number of strategic healthcare goals. Firstly, it aims at ensuring that every US citizen can access, quality and affordable health care. In essence, this is an important component of the entire reform agenda. In light of the increasing burden of increasing burden of disease and skyrocketing prices of health care services, the government undertook this deliberate strategy to ensure that there is universal health care insurance cover age. Today, the majority of US citizens continues to battle with out-of-pocket financing, which is prohibitively expensive (Junior 2010). Secondly, it aims at improving quality and efficiency of healthcare by establishing a vibrant health care workforce that would meet the growing demand for healthcare services. In addition, there is a growing body of evidence showing an increase in the burden of chronic diseases, this proposed health care financing in its full implementation will see the middle and elderly persons receive a comprehensive cover that focuses on affordable health care services for chronic diseases. United States (2010) states that the Congressional Budget Office (CBO) has determined that the fully paid patient protection  scheme, in the end, will ensure that more than 94% of Americans will be covered within $900 billion limits set by President Obama.  

Obligation Assessment Essay Example | Topics and Well Written Essays - 3500 words

Obligation Assessment - Essay Example The case is having a history which is stated below. Plaintiffs one and two were married during 1986 and wished to buy a weekend house which they were ready to procure if no excessive repairs were required. They had seen the house Nutford Farm House, Blandford, Dorset. Both the plaintiffs were happy with the house and wished to buy it. Mrs. Marrow conducted the survey on it and sent her report stating that there is no requirement for much repairs and stated some defects were seen in that house. The plaintiffs were willing to buy a house at a cost up to  £170,000, but were not ready to spend any more for repair. Depending and trusting the report forwarded by Mrs. Morrow, the couple decided to buy Nutford Farm House. The asking cost for the house was set at  £175,000, as there was another client ready to buy it offering a price of  £177,500 and the couple bought the property. The situation changed after entering for living in that house. The hide out stated as â€Å"overall dwell ing house to be sound, stable and in good condition† (Stephen, Ralph & Bingham, 1991, p.3) by Mrs. Morrow turned out to be a structure requiring much monetary expense for normal make up. The â€Å"eradication of wood borer in roofing timbers† (Stephen, Ralph & Bingham, 1991, p.3) was actually necessitating â€Å"the roof was due for renewal with felting, rebattening and retiling† (Stephen, Ralph & Bingham, 1991, p.4) and â€Å"minor works of eradicating continued dampness in ground floor walls† (Stephen, Ralph & Bingham, 1991, p.4) was actually shown as â€Å"the first floor timbers needed specialist woodworm treatment and refixing of firring pieces with extensive renewal of floor boarding† (Stephen, Ralph & Bingham, 1991, p.4) also with other works which were not mentioned in Mrs. Morrow’s report of survey. This indicates the fact â€Å"surveyors report negligently failing to disclose defects† (Stephen, Ralph & Bingham, 1991, p.1) whi ch should be trialled under

Thinkertoys Week 3 Essay Example | Topics and Well Written Essays - 500 words

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Discussion Post Essay Example for Free

Discussion Post Essay New Format Requested this week While the format is to be changed thisweek, you are still required to make 3 postings; one original post and comment on two other students post. ORIGINAL POST REQUIREMENTS: You are to apply the major topics covered in the course (finance/accounting, economics, marketing) to your company and provide an analysts report. 1) (Apply Marketing techniques to:) create an interesting, unique or otherwise attractive catch line (humor works great for me! ) as your post title. Make a recommendation (can be here AND in your subject line) (some of you may not feel you have enough experience where your opinion (i. e. , recommendation) is worth something in this world. however note, you may have more experience NOW than some analysts at major investment banking houses! (scary I know! )) 3)(Use your corporate report to:) provide certain and specific quantitative analysis of your company. DONT repeat your entire report. but provide highlights.. as some examples: Net Income rose 20% from 2008-2011 to $1. 35 billion Expenses dropped.  by 15% Shareholder equity (highlights mean outlyers of data.. especially NEGATIVE information 4) (Use some economics learned. predict macro and micro futures).. describe what Macro world events have affected your company (global eco slow-down. price of oil) .. even micro events (consumption among consumers was down due to. )provide sensitivities for world events on your corporation and how it will affect that companys future activities. Provide predictions about future macro economic events and how your company will react going forward. The Network amp; Space Systems segment is engaged in the research, development, production and modification of products and services to assist its customers in transforming their operations through network integration, information, intelligence and surveillance systems, communication, architectures and space exploration. The Global Services amp; Support segment is engaged in the operations, maintenance, training, upgrades and logistics support functions for military platforms and operations. The Boeing Capital Corporation segment facilitates, arranges structures and provides selective financing solutions for its commercial airplanes customers. In the space and defense markets, it primarily arranges and structures financing solutions for its Boeing Defense, Space amp; Security government customers. Its portfolio consists of equipment under operating leases, finance leases, notes and other receivables, assets held for sale or re-lease and investments. The company was founded by William Edward Boeing in 1916 and is headquartered in Chicago, IL. http://www. marketwatch. com/investing/stock/ba/profile 2) The Boeing Company has a long history of providing complex systems and integrated assembly’s to its customers. 3) The Boeing Company is headquartered in Chicago IL. In 1997 Boeing and McDonnell Douglas merged to form what is the Boeing Company of today. This was approximately 1 year after Boeing acquired Rockwell Corporations Space and Defense division. The company has over 249 subsidiaries. The largest competitor on the commercial side is Airbus a division of EDS and the largest competitor on the Defense, Space and Security side is Lockheed Martin with many other companies lining up for second place. In order for Boeing to maintain it’s market share the company has had to continually research and develop new products in both major business units. Notes for special consideration† 1. Cash and cash equivalents increased from $5,359 billion to $10,049 billion from 2010 to 2011 2. Retained Earnings rose from $24,784 billion to $27,524 billion during the period of 2010 to 2011 3. Net Earnings rose from $1.3 billion in 2009 to $4. 02 billion in 2011 4) Boeing is a company that is always going to be challenged. The challengers for the Defense, Space and Security market typically have come from within the US but that is starting to change. EADS which is the largest defense business in Europe is continually trying to enter US ma rkets. Also Airbus which is a subsidiary of EADS is the most prominent competitor in the commercial segment but many countries such as Japan, China, Brazil and Canada are working very hard to position themselves as challengers to the commercial market. This will be a challenge for Boeing and Airbus for the next several decades. Commercial airline customers and airlines will continue to demand enhancements and improvements to the commercial airplanes and the service / cost associated with the. This will continue to drive performance by the manufacturers including Boeing which is the industry leader. The US government acquisition may decline depending on the outcome of the presidential and congressional elections. Boeing and it’s competitors in those markets will look toward no US markets to sell their products. Continued increase in energy and material cost will drive Boeings focus on keeping costs down. 5) Research and development are the single most important factor in keeping Boeing relevant for the future. Research and development expense amounted to $3. 9 billion, $4. 1 billion and $6.5 billion in 2011, 2010 and 2009, respectively. In 2009 this included $2. 7 billion alone for the new 787 commercial aircraft. Research and development costs also include bid and proposal efforts related to governme nt products and services, as well as costs incurred in excess of amounts estimated to be recoverable under cost sharing research and development agreements. Bid and proposal costs were $332 million, $355 million and $343 million in 2011, 2010 and 2009 respectively. Ramp;D within the Defense, Space and Security business unit is primarily focused on supporting customer requirements and providing new technologies to meet the needs of military, security and space agencies.

Work of clifford geertz in history

Work of clifford geertz in history What Does The Work Of Clifford Geertz Have To Offer Research Into History? With the publishing of his book, ‘The Interpretation of Cultures in 1973, Geertz has often been hailed as the ‘champion of symbolic anthropology. Geertz outlined culture as ‘a system of inherited conceptions expressed in symbolic forms by means of which people communicate, perpetuate, and develop their knowledge about and attitudes towards life He believed the role of anthropologists was to try and understand the underlying symbols of the culture in question, a term he describes as ‘Thick Description. Geertz also conducted extensive work on religion, particularly on Islam, in both Southeast Asia and North Africa. His most famous use of thick description is portrayed in the essay ‘Deep Play: Notes on the Balinese Cockfight, and his theories still influence anthropology to this day. But how does the work of an anthropologist, concerned with analysing modern societies, apply to historians whose work concerns cultures from the past? In this essay I will examine how both anthropologists and historians attempt to examine humanity ‘in the mist, and how cultural historians in this endeavour have attempted to use an anthropological model to answer historical questions in order to do so. With the development of cultural history historians creation of the past as an ‘other, a place completely different from our own, they attempt to view history through an anthropological lens. But despite differences between historical and anthropological research there has been much interdisciplinary study between the two, with social and cultural historians attempting to use synchronic analysis as a way of viewing the past they are studying. History becomes a view of time and space all within a single plane that stays unmoving and none changing under the cultural historians gaze, just as the Bayeux tapestry shows the history and context of the Norman Conquest of England. Even with the rise of synchronic analysis, historians have not abandoned diachronic analysis as an analytical tool. Historians still feel they need to explain the context of the subjects they are studying in order for their research to be viewed as ‘complete. This has led to many criticisms of Geertzs work and how historians have applied his research to past societies. Geertzs detachment of culture and history has, in many cases, created more problems for the cultural historian than it has solved. Due to these difficulties, cultural historians have shied away from many larger historical debates in order to study features outside of the historical main-stream. They have focussed on small and, in some historians views, inconsequential histories, becoming bogged down in their own tedium. With this, social history has focussed on the development of social theory, rather than the society in questions development over time. With these views in mind, I have attempted to uses Geertzs analytical models with my own research: ‘Hearts and Minds: A Study on the impact of Christianity on paganism in the Byzantium Empire during the fourth century CE. Using examples drawn from my own work, I will attempt to see the merits of using an anthropological model while studying the religions of the past; those that were still evolving and those religions that were dying out. At this stage it is important to define the object which cultural historians have attempted to study with an anthropological view point; history itself. As a noun, ‘history can be defined as: 1) a continuous, systematic narrative of past events as relating to a particular people, country, period, person, etc., usually written as a chronological account; chronicle: a history of France; a medical history of the patient. 2) a systematic account of any set of phenomena without particular reference to time: a history of the American eagle. The definition of history as ‘a continuous, systematic narrative and as ‘a systematic account of any set of phenomena without particular reference to time, or, as phrased by Michael Chanan ‘the formal analysis of a given system as it exists in the present moment (synchronic) and analysis across time, or historical explanation (diachronic) means the historian has to show their awareness of both in order to fully explore the topic they are researching. The historian Marc Bloch stated that the ‘good historian was like the giant in the fairy tale. He knows that wherever he catches the scent of human flesh, there his quarry lies. While C. Wright-Mills remarked about the anthropologist: ‘What social science is properly about is human variety, which consists of all the social world in which men have lived, are living and might live. ‘ Cultural historians have embraced Geertz, using his ideas and methods and applying them to historical models, such as Matthew Eric Engelke and Matt Tomlinsons ‘The limits of meaning: case studies in the anthropology of Christianity. Although historians are not as prone to theoretical disputes as much as anthropologists, it is also true that Geertz does not serve as a marker in generalised struggles among historians. According to Paula S. Fass, the limitations of social history in previous historiography led to the development and ‘subsequent dominance of cultural history in the 1970s and 1980s. Despite the move in focus away from political elites towards the examination of social groups and their ‘behavioural tendencies , cultural historians felt that social history had ‘ignored both the uniqueness of individual experience and the ways in which social life is created through politics and culture due to the dehumanization of such social groups by reducing them to quantifiable data. Social historians reliance on structural explanations and development of group categories began to ‘deaden history as an exploration of contingent experience. By the mid 1980s, cultural historians were adapting work done by social historians, such as Herbert Gutman and Eugene Genovese, and taking them further by exploring ‘the way agency was attributed to participation in predefined group activity. Cultural historians increasingly used the anthropological and ‘post-modern perspective of identity as an ever-changing construct, what anthropologists refer to as ‘liminal experiences and deconstructing identity entirely. Due to this, social historians research potentials have become ‘quite limited due to the constrictions of primary sources in the construction of ‘ordinary life, while, in the words of Fass: ‘Cultural historians, in contrast, put their faith in a fuller exploration of language and because, in their view, all culture is connected, all forms of articulation could be examined as exemplary. Geertzs ideas have become so attractive to historians due to the development of cultural history, with historians focussing on the past as a place structurally different from the modern world: ‘worlds where peoples motives, senses of honour, daily tasks, and political calculations are based on unfamiliar assumptions about human society and the cosmic order. Phillip Pulsiano and Elaine M. Treharne in ‘A Companion to Anglo-Saxon Literature, explore the religious aspects in Old English poetry in relation to Geertzs definition of religion itself. Both anthropology and history, according to Geertz, are both similar and different, both looking for the same type of answers but asking different questions. Historians focus on broad sweeping actions and movements , while anthropologists focus on small, well bounded communities wallowing in the detail of the obscure and unimportant (or, as Geertz phrases it in his typically artistic style: ‘History (it is said), is threatened by the history-from-below rather than focussing on the Movers-and-Shakers, such as Kings, Philosophers and Bishops). Anthropologists ‘present static pictures of immobile societies scattered across the remote corners of the inhabited world, while anthropologists accuse historians of ‘schematicism, of being out of touch with the immediacies and intricacies, ‘the feel as they like to put it, considering themselves to have it, of actual life. With this said, it has not been unusual for historians and anthropologists to conduct research in each others field; historical research such as Roger Chartiers ‘The Cultural Origins of the French Revolution, Carlo Ginzburgs ‘The Cheese and the Worms: the Cosmos of an Sixteenth Century Miller, and Natalie Zemon Davis ‘Society and culture in early modern France: eight essays to name but a few. Despite the attraction of Geertzs theory to social historians, the differences between historical research and ethnography can hinder the historians full utilisation of Geertzs ‘Thick Description model. Historians are restricted to the textual evidence written by a literate elite, with the culture and symbols of those who existed outside of the elites literacy focus lost in the minds of those who lived through it; a stark difference from the ability of anthropologists to observe the effects of culture and its symbols when studying cultures ‘in the field. Despite historians criticisms of anthropologists reliance on oral testimony, with its possible ‘invented tradition and frailties of memory, Geertzs ability to examine the religious development of Morocco and Indonesia almost first hand must be greatly envied by social and cultural historians. Despite the difference between history and anthropology, many historians (especially social historians like Michael MacDonald and Robert Darnton) have embraced Geertzs ideas. However, this raises another question; why would historians, whose work is essentially diachronic in nature, be interested in the synchronic analysis of an anthropologist? It is important at this time to look at the meaning of synchronic analysis. As William H. Sewell Jr. explains: ‘Although a synchronic description or analysis is often glossed over as a ‘snapshot that ‘freezes time or as a ‘slice of time, that is not quite right. Such a description is, rather, one in which time is suspended or abolished analytically so that things that actually occur in the flow of time are treated as part of a uniform moment or epoch in which they simply coexist To put it otherwise, in synchronic description acts of cultural signification, rather than being treated as a temporal sequence of statement and counterstatement or as linked by causal chains of antecedent and consequence, are seen as components of a mutually defined and mutually sustaining universe of unchanging meaning. The use of synchronic analysis on what Geertz called ‘cultural systems presented cultural historians with the ability to explore the past with a new analytical model. Robert Darnton, in his book ‘The Great Cat Massacre uses such analyses to explore episodes from eighteenth century France, especially in his essays ‘Peasants Tell tales: The Meaning of Mother Goose (an analysis of the cultural significance to French, German and Italian fairy tales) and ‘Workers Revolt: The Great Cat Massacre of the Rue Saint Severin (in which he explores the cultural context of the massacre of cats in Paris by printing apprentices during the late 1730s). The use of thick description allows historians to suspend time rather than be carried along with historical narrative, and in the process analyse the transformations of the past with greater accuracy and depth. Geertzs ideas of thick description have allowed historians like David Sabean to explore witchcraft in seventeenth century Germany. Despite criticisms by anthropologists of the diachronic approach taken by historians in the past, many historians are still attached to the ideas of history in transformation. Many American ‘new social historians and those within the French ‘Annales school try to define themselves against historical narrative and by those ‘attempting to manage or side-step conceptual problems by writing historical accounts , such as Haim Hillel Ben-Sasson, as seen in his book ‘A History of the Jewish people. William H. Sewell Jr has best conveyed this view: ‘It [Geertzs theory] tells us, perhaps surprisingly, that adequately realized synchrony is more important to good historical analysis than adequately realized diachrony. In the eyes of professionals it is more important for a historian to know how to suspend time than to know how to recount its passage. This is shown in the work of historians such as Noriko Onodera, who examines the evolution and development of the Japanese language, and Stephen M. Feldman, with his analysis of the separation of the Church and State during the twentieth century. Although Geertzs theories have become popular with cultural historians, there have been many critics of not only his own work but how historians (especially those studying cultural aspects) have used Geertzs work in their own research. Although Geertzs work features events as they happen in real historical time, he uses a ‘literary device to make his work less formerly structured. This means that he uses the social and historical impact of the cultural model he is analysing as a writing style rather than a strict analytical tool. This is best demonstrated in Geertzs essay ‘Deep Play: Notes on the Balinese Cockfight. William Roseberry, in an analysis of Geertzs essay (in his book ‘Balinese Cockfights and the Seduction of Anthropology), argues that Geertz does not take into account the history of its development, and that we should think of the ‘material social process as a ‘production rather than as a ‘product'(stating that the issues on development are mentioned but never taken up by Geertz). Roseberrys view, one which I personally agree with, is that ‘[the cockfight] has gone through a process of creation that cannot be separated from Balinese history. Geertz detached culture and history by treating history as a text to be read and scrutinised rather than being an essential thread in the fabric of Balinese life. Maybe due to this separation, historians, despite their enthusiasm, have been in many cases less than successful in their attempts to marry history with ‘Thick Description. For example, Roger Becks attempt to apply Geertzs description and interpretation to the symbol system of Mithraician mysticism is hardly successful, and neither is his comparison with the symbol system of the Mexican Chamulas. With historys diachronic roots, anthropology as a whole has had difficulty in finding fertile ground with historians outside of cultural history. With focus on ‘eccentric bits of evidence (or, as I view it, ‘obsession with the mundane), cultural historians and anthropologists writing about history search for evidence around a central point of argument and ‘build a mountain around a molehill and that molehill can lie on the periphery of the subject. Rather than pushing back the frontiers of historical research by opening up and exploring new channels of investigation through analysis of symbols within societies in the past, cultural historians have become intent with finding ‘hidden histories rather than bringing new light to work at the focus of historical debate. Despite the development of social theory by anthropologists and the rise of cultural history and its application to history, almost none deal with the explanation of historical change, with the main problem created by most social theory being the accounting for social order or social structure rather than the development and history of those roots. With my own research I have focused on the impact of Christianity on paganism in the eastern half of the Roman Empire during the fourth century CE, analysing how Christianity infiltrated aspects of the educated elite, society, the state apparatus and its depiction through art and on coinage. My work also focussed on a number of other factors: The peasants in the eastern half of the Roman Empire were naturally conservative and were initially hostile to the Christian community that were mainly based in urban centres. Eastern Roman peasants clung to their local pagan deities as they took care of their ‘first-order concerns: healing, death and family as pagan spirits and deities took care of these concerns there was no initial need to abandon them in favour of Christianity. Bishops and preachers that attempted to convert the peasantry failed as they were distrusted by the peasantry because of their connections to local government. Bishops and preachers also addressed them in Greek or Latin and in complex rhetoric styles, alienating them from the peasantry who spoke in their ‘everyday local dialects. The destruction of pagan temples in the urban centres and the construction of Christian basilicas on top of them or in their vicinity changed the power balance within such centres against the pagan cults. Only the establishment of monasteries away from the urban centres deep in the countryside led to the slow conversion of the peasantry through the contacts they made with them through local trade and due to the conversion tactics that the monasteries employed. Due to the amount of written documentation available to us, initially it may seem that Geertzs theories on symbolic systems in reference to early Christian rites and formal rituals may make Christianity in the fourth century eastern Roman Empire accessible to us. Although the study of early Christianitys cultural anthropology through field work is obviously impossible, the archaeological record of pagan temple destruction and the construction of Christian basilicas with the reused stone cannot be described as ‘thick description as the reuse of the stone from the pagan temples is not a symbolic act in its own right, but a form of cheap and readymade building material. However, Geertz himself has used written accounts from the past as effectively as he used his own field work and that of other anthropologists. This, however, cannot be said about localised pagan rituals; ones performed in homes and fields in small, personal shrines. Eric Wolf suggested that these rituals were due to peasants ‘first-order concerns, such as protection of the family unit in this world and the next. The lack of documented evidence, even if written by a condescending Christian elite, makes symbolic analysis extremely difficult. If we focus on pagan ‘lost ceremonies then Geertzs theory appears to be a hopeless endeavour. That is because, despite the richness and detail as a complex of symbols, textual evidence rarely mentions local pagan rituals for what they are, and when it does many aspects of them are either exaggerated or incredibly distorted, therefore destroying their immediate ritual context. Even if the ritual context had survived through the textual, or through the archaeological, evidence that would allow us to subject it to symbolic interpretation, it cannot now be interpreted in the way we can interpret Christianity; we cannot trace the evolution of a religion which is now extinct. To conclude, the work of Clifford Geertz has a lot to offer research into history, as long as his work is used correctly. In my introduction I stated ‘how both anthropologists and historians attempt to examine humanity ‘in the mist, and how cultural historians attempt to use anthropological models to answer historical questions in order to do so. In this endeavour, cultural historians have been unsuccessful. Geertz, and other anthropologists, benefit from the ability to view culture closely (and as Geertzs brush with the Balinese police shows, perhaps a little too closely). Cultural historians, in contrast, have to rely on the words of those they are trying to move away from, the literate elite, in order to view the lives of those who had no written history of their own. Rather than viewing humanity ‘in the mist, cultural historians, for instance have attempted to determine a peasants accent by studying the peasants reflection in a muddy puddle. Historians reluctance to abandon diachronic analysis undermines the benefits of synchronic analysis, despite anthropologists attempts to conduct historical research. Cultural historians attempts to ‘suspend time removes them from the historical development that took place, therefore allowing them to be caught up in the difficulties that anthropologist themselves have faced. This problem is only exacerbated by the reliance on textual evidence. As shown with my attempt to use Geertzs theories in relation to my own research, I too had difficulties overcoming this problem. As I used a large amount of archaeological evidence when researching the power shift from pagan to Christian domination in eastern Roman urban centres it was nearly impossible to apply ‘thick description and investigate symbolic systems due to their lack of context. Again, the reliance on textual evidence written by a hostile group means that there are other historical methods which would be more beneficial when symbolic contexts and restricted written records are unavailable. At face value, I understand the appeal Geertzs theories would have for cultural historians trying to uncover the mindset, culture and experiences of those who lived in the past. However, the ability for anthropologists to study their subject at first hand, and therefore place more emphasis on first-hand accounts, leaves cultural historians at a crucial disadvantage. Geertzs theory changed the face of anthropological research, but I doubt it will do nothing but frustrate the historian by reminding them of what they are missing. Bibliography Books R. Beck, The Religion of the Mithras Cult in the Roman Empire: Mysteries of the Unconquered Sun (Oxford New York, 2006) H. H. Ben-Sasson A History of the Jewish people (Cambridge, 1976) M. Bloch, ‘The Historians Craft (Manchester, 1954) P. Burke, The French historical Revolution: ‘The Annales School, 1929-89 (Stanford 1990) M. Chanan, Musica practica : the social practice of Western music from Gregorian chant to postmodernism (London, 1994) R. Chartier The Cultural Origins of the French Revolution (Durham, 1991) R. Darnton, The Great Cat Massacre (New York, 1984) N. Z. Davis Society and culture in early modern France: eight essays (Stanford, 1987) M.E. Engelke and M.Tomlinson (ed.) The limits of meaning: case studies in the anthropology of Christianity (New York, 2006) S. M. Feldman Please Dont Wish Me a Merry Christmas: Critical History of the Separation of Church and State (New York, 1997) C. Geertz Islam Observed: Religious Development in Morocco and Indonesia (Chicago, 1971) C. Geertz, The Interpretation of Cultures'(New York, 1973) E. Genovese Roll, Jordon Roll: The World the Slaves Made (New York, 1974) C. Ginzburg The Cheese and the Worms: the Cosmos of an Sixteenth Century Miller (Baltimore, 1980) H. Gutman Work, Culture and Society in Industrializing America (New York, 1976) M. MacDonald, Witchcraft and Hysteria in Elizabethan London(London 1991) N. Onodera, Japanese discourse markers: synchronic and diachronic discourse analysis (Amsterdam, 2004) P. Pulsiano and E. M. Treharne A Companion to Anglo-Saxon Literature (Oxford, 2001) W. Roseberry, Balinese Cockfights and the Seduction of Anthropology (New York, 1982) E. Wolf, Peasants (Englewood Cliffs, 1966) C. Wright-Mills, ‘The Sociological Imagination (London, 1959) Journals P. S. Fass ‘Cultural History/Social History: Some Reflections on a Continuing Dialogue, Journal of Social History, 37, 1(2003), pp. 39-46 C. Geertz, ‘History and Anthropology New Literary History, 21, (1990) p.321-335 W. H. Sewell Jr., ‘Geertz, Cultural Systems, and History: From Synchrony to Transformation, Representations, 59 (1997) p. 35-55 Internet Sources http://dictionary.reference.com/browse/history (Dictionary Reference.Com, 2010) C. Geertz, The Interpretation of Cultures (New York, 1973) p.89 http://dictionary.reference.com/browse/history M. Chanan, Musica practica : the social practice of Western music from Gregorian chant to postmodernism (London, 1994) p.95 M. Bloch, The Historians Craft (Manchester, 1954) p.26 C, Wright-Mills, The Sociological Imagination (London, 1959) p.147 W. H. Sewell Jr. ‘Geertz, Cultural Systems, and History: From Synchrony to Transformation Representations,59 (1997) p.35-55, p.36 P. S. Fass ‘Cultural History/Social History: Some Reflections on a Continuing Dialogue Journal of Social History, 37, 1 (2003) p.39-46, p.39 Ibid. p.39 Ibid p.39 Ibid p.39 H. Gutman Work, Culture and Society in Industrializing America (New York, 1976) and E. Genovese Roll, Jordon Roll: The World the Slaves Made (New York, 1974) Fass, ‘Cultural History/Social History: Some Reflections on a Continuing Dialogue p.39 Ibid p.40 W. H. Sewell Jr., ‘Geertz, Cultural Systems, and History: From Synchrony to Transformation p.38 C. Geertz, ‘History and Anthropology New Literary History, 21, (1990) p.321-335, p322 Ibid p324 Ibid.p.322 Ibid p.321 Ibit p.321-322 Ibid. p.322 See C. Geertzs Islam Observed: Religious Development in Morocco and Indonesia (Chicago, 1971) M. MacDonald, Witchcraft and Hysteria in Elizabethan London(London 1991) R. Darnton, The Great Cat Massacre (New York, 1984) W. H. Sewell Jr., ‘Geertz, Cultural Systems, and History: From Synchrony to Transformation p.40 See ‘Religion as a Cultural System in C. Geertz, The Interpretations of Culture (New York, 1973) D. W. Sabean, Power in the Blood: Popular culture village discourse in early modern Germany (Cambridge, 1984) See P. Burke, The French Historical Revolution: ‘The Annales School, 1929-89 (Stanford, 1990) C. Geertz, ‘History and Anthropology p.42 Ibid. p.41 N. Onodera, Japanese discourse markers: synchronic and diachronic discourse analysis(Amsterdam, 2004) p.23 S. M. Feldman Please Dont Wish Me a Merry Christmas: Critical History of the Separation of Church and State (New York, 1997) p.255 W. H. Sewell Jr ‘Geertz, Cultural Systems, and History: From Synchrony to Transformation p.37, c. Geertz The Interpretation of Cultures p.412 W. Roseberry, Balinese Cockfights and the Seduction of Anthropology (New York, 1982) p.1022, I bid p.1022 R. Beck, The Religion of the Mithras Cult in the Roman Empire: Mysteries of the Unconquered Sun (Oxford New York, 2006) p.69, Ibid P77 Fass, ‘Cultural History/Social History: Some Reflections on a Continuing Dialogue p.43 Ibid p.43 C. Geertz, The Interpretation of Culture p.8 E. Wolf, Peasants (Englewood Cliffs, 1966) p.59

White Heat :: essays papers

White Heat White Heat clearly belongs within Shatzs category of genres of order. How far do you agree with this statement? This is an exiting essay to write for a number of reasons. For one it is an honour to follow in the footsteps of Raul Walsh understanding the motivations that brought him to direct White Heat in the way he did it. For another reason is wonderful having the possibility to describe it through the Shatz^s module that can describe perfectly every aspect of a selected movie. Because it is essentially a narrative system, a film genre can be examined in terms of its fundamental structural components: plot, character, setting, thematics and so on. Shatz divided Hollywood film genres in two main categories, these are distinguished by completely different characteristics. As he said: ^Each genre represents a distinct problem-solving strategy that repeatedly addresses basic cultural contradictions^ (Shatz, 1948: 34). He defined certain genres like screwball comedy, family melodrama, musical and so on as rites of integration. Those films are centred upon a doubled or collective her! o set into a ^civilised^ space, the main problems are emotional and the resolution is always by love. Other genres centred on an individual male such as Western, gangster, detective, etc. appertain to the genre of order category. The protagonist (individual male) ^is the focus of dramatic conflicts within a setting of contested, ideologically instable space. Conflicts within these genres are externalised, translated into violence, and usually resolved through the elimination of some threat to the social order^ (Shatz, 1948: 34). At the end of the film the protagonist always leaves the contested space either by his departure or death and he always maintains his individuality and he doesn^t learn about values and lifestyle of the community. The principal thematics within this genre are the mediation-redemption, the male macho code, isolated self-reliance and utopia-as-promise. White Heat is a classic gangster and was directed, as I said, by Raul Walsh in 1949. It stands at the crux between the 1930^s gangster movies and the post^war film noir. The plot is briefly this: James Cagney plays Cody Jarrett, a psychotic who dreams of being on "top of the world". Inadvertently leaving clues behind after a railroad heist, Jarrett becomes the target of federal agents, which send an undercover agent (O^Brien) to infiltrate the Jarrett gang. While Cody sits in prison on a deliberately trumped-up charge (he confesses to one crime to provide him an alibi for the railroad robbery), he befriends Fallon (O^Brien), who poses as a hero-worshipping hood who's always wanted to work with Jarrett. Busting out of prison with Fallon, Jarrett regroups his gang to mastermind a

Admissions Essay - Ugandan Culture and Medicine :: Medicine College Admissions Essays

Admissions Essay - Ugandan Culture and Medicine My trip to Uganda proved to be an extremely rewarding experience. We spent the first part of the Crossroads program at Hofstra University in Long Island for a two-day orientation, during which we met our group members and shared our interests and experiences. After knowing each other for only 48 hours we embarked upon our "journey". We flew from New York to London, to Entebbe airport, roughly one hour from the capital, Kampala. The next morning we met with officials from PDR (Program for Development and Rehabilitation) who gave us a few guidelines about our project and helped sensitize us to the culture and the history of Uganda. That same day we drove to Luwero (roughly 50 miles from Kampala) to meet our host community and "get settled in". The clergy members with whom we spoke were overwhelmingly friendly, and went out of their way to make us feel welcome. The Bishop of Luwero was kind enough to have a guesthouse ready for us. Having expected that each of us would be staying with a separate family, living in our own house with mattress beds and electricity came as somewhat of a shock. Though I wish I could have had the experience of staying with a Ugandan family, our living arrangements worked out quite well. We were able to do our own cooking, use charcoal stoves, and wash our own laundry by hand. Though we were originally supposed to be stationed at Kiwoko Hospital, roughly 8 miles from Luwero, the Church of Uganda made last minutes changes in the program. We spent the first two weeks visiting various health centers in Luwero. Given our limited medical experience, we weren't able to provide much help to the patients in terms of medical care. However we did gain a great deal of experience by talking to the medical staff and observing local healthcare practices. One of the wards at Kasana Health Center was dedicated entirely to testing and counseling for AIDS patients. Talking to these patients and the counselors proved to be extremely fascinating. On one occasion a group of HIV patients set up a dance/performance aimed at conveying the experience of the disease through dancing and music. We were able to visit Kiwoko Hospital during the third week of our trip, however. Most of our time there was spent shadowing doctors (most of them Ugandan) and observing surgeries.

Keystone XL Pipeline: A Risky Venture Essay

Throughout history, The United States has been much reliant upon oil rich countries for liquid fuel necessities. Current economic conditions warrant a domestic alternative, since oil is currently referred to as ‘black gold’. In recent years, pipelines have become a substantial transportation factor for liquid fuels throughout Alaska and the lower 48 continental states. Promises by President Barack Obama have given Americans the hope that one day the United States can be energy independent. Currently this is not plausible, but many believe the Keystone XL pipeline could lessen the dependency of foreign oil and produce many needed jobs within the United States. Controversial matters have led a Presidential Permit for the project to be declined due to the project currently not being in the nation’s best interest. Many debates have taken place over this decision and politics have become a key focal point. Some claim it is due to special interest groups, others claim i t’s due to environmental matters. Regardless of the politics involved, the construction of the Keystone XL Pipeline would be too  environmentally detrimental and costly to pursue. In 2005, the Keystone Pipeline System, labeled ‘Keystone XL’, was introduced by TransCanada following an expected production increase of crude oil from the Oil Sands region of Alberta, Canada (Parfomak, Pirog & Luther, 2013, p. 3). The expected cost of the Keystone XL pipeline would be set at seven billion dollars, with total distance of underground piping at 1,702 miles (Casey-Lefkowitz & Shope, 2011, p. 2). The pipeline would connect Alberta, Canada to advanced refineries in the Gulf Coast of the United States (Parfomak et al. 2013, p.1). Since the proposed pipeline system would connect the United States with a foreign country, a Presidential Permit would be required to determine if the pipeline was in the nation’s best interest (Montopoli, 2012). In 2008, TransCanada applied for a permit to cross the international border with the proposed pipeline system and was subsequently denied due to the State Departments insufficient time for review and environmental issues with the proposal (2012). In 2012, TransCanada submitted a reconfigured proposal that would connect the pipeline from Alberta, Canada to an existing pipeline in Steel City, Nebraska. Again, this proposal was denied by the President with a response from the State Department that the pipeline was currently not in the nation’s best interest (Parfomak et al. 2013, p. 2). Many legislative methods to support the pipeline were addressed by Congress that in turn would transfer approval authority, although none thus far have been successful (2013, p.3). President Barack Obama has been under public scrutiny for his decision in denying the permit by many respected members of government in favor of the pipeline. According to the Washington Post, Obama donor and billionaire Tom Snyder wrote an open letter stating that â€Å"Obama to reject pipeline or face backlash† (Bradley, 2013). Snyder, a self-proclaimed environmentalist has been linked to big oil by amassing a large portion of his fortune through investments in TransCanada’s competitor, Kinder Morgan (2013). Republicans, such as frontrunner Mitt Romney, went on record by saying â€Å"it shows a President who once again has put politics ahead of sound policy†, and â€Å"if Americans want to understand why unemployment in the United States has been  stuck above 8 percent for the longest stretch since the Great Depression, decisions like this one are the place to begin† (Montopoli, 2012). Struggles for and against the pipeline by members of government and special interest groups have led this decision to be viewed as politically motivated. With that being said, evaluating individual pros and cons concerning the project are necessary in order to justify whether or not the project should move forward. Achieving energy independence is what President Obama stated that the United States is seeking to accomplish. To achieve this goal, the United States will be required to fulfill these necessities through domestic sources and renewable fuels. The U.S. Energy Information Administration estimated that by 2040, only 16 percent of U.S. energy will be generated by renewable fuels (Bradley, 2013). Although independence from renewable fuels may be too far off to determine, the Keystone XL Pipeline would create a substantial growth in domestic oil production (2013). Along with increased production comes construction and manufacturing jobs for an estimated 20,000 American workers (2013). Safety advantages from pipelines are also substantial compared to other modes of transporting oil. Low rates are achieved by a low loss and damage record, since weather conditions do not effect pipelines and mechanical failures are rare (Coyle, Novack, Gibson, & Bardi, 2011, p. 273). With piping being completely encased underground, the risk of terrorism and theft is also greatly reduced (2011, p. 273). Care is taken with the use of leak detection systems and aircraft monitoring, since environmental damage, lawsuits and product losses have been issues of the past (2011, p. 276). In 2011, The State Department conducted an environmental impact study noting that annual carbon emissions would increase by only one third of one percent (Bradley, 2013). The American Petroleum Institute also estimated that American and Canadian reserves could provide all of America’s liquid fuel needs within 12 years (2013). Of course this would depend on if current infrastructure could support the increase (2013). Those for the pipeline have argued their case by stating that the pipeline will also assist through stronger relations with neighboring Canada and provide direct access to Canadian crude oil (Parfomak et al. 2013, p. 7). TransCanada themselves  noted that it would be in the nation’s best interest to reduce current dependency on foreign crude oil from Mexico and Venezuela in the Gulf by maintaining adequate crude oil supplies by pipeline for domestic refineries (2013, p. 20). Key issues from major crude oil exporters such as Mexico’s falling production since 2004 and Venezuela national oil company strike has also promoted TransCanada’s proposal (2013, p. 21). With Canada already being the number one import of crude oil in America, one would believe that furthering this relationship, along with lessoning the dependency on unreliable foreign oil would be a logical choice. While those who support the pipeline base their arguments on increasing the U.S. petroleum supply, creating additional jobs and other economic benefits, those who oppose the pipeline are mainly environmental organizations and community groups (2013, p. 18). Their concerns stem from environmental issues, such as toxins, spills, adverse greenhouse emissions and the unconventional and costly method of mining and refining tar sands oil (Casey-Lefkowitz & Shope, 2011, p. 2). Tar sands extraction in Canada is already known for destroying Boreal forests and wetlands, creating high levels of greenhouse gas pollution and producing toxic waste dumps called ‘tailing ponds’ that currently cover around 65 miles (2011, p. 2). The destruction of the Boreal forest is killing many types of species and utilization of the Athabasca River for mining is harming humans as well (2011, p. 2). Tar sands extraction uses large amounts of water from the Athabasca River, and studies have shown that thirteen primary pollutants under the U.S. Clean Water Act, such as led, mercury and arsenic are being released into the river (2011, p. 2). Concerns with the Fort Chipewyan community downstream from the river include increased cancer rates, heart and lung disease, as well as asthma (2011, p. 2-3). Not only is the process more costly than extracting and refining crude oil, but tar sands oil also contains toxins such as bitumen (Swift, Casey-Lefkowitz, Shope, 2011, p. 3). Bitumen, or â€Å"DilBit† is a highly corrosive and acidic blend that contains volatile natural gas liquid condensate (2011, p. 3). Increased risk from the corrosive and volatile substance could pose significant risks of increased spills and ruptures that  could damage communities and fresh water supplies in America (2011, p. 3). Highlighted in the Keystone XL final Environmental Impact Study shows a primary environmental concern by TransCanada stating, â€Å"the greatest concern would be a spill in environmentally sensitive areas, such as wetlands, flowing streams and rivers, shallow groundwater areas, areas near water intakes for drinking water or for commercial/industrial uses, and areas with populations of sensitive wildlife or plant species† (Parfomak et al. 2013, p. 30). Higher operating temperatures and pressure is required to move the thick material through the piping, which could cause leak detection problems and safety issues due to the unstable blend (Swift et al. 2011, p. 3). In correlation, the Alberta pipeline has had approximately sixteen times as many spills than U.S. pipelines due to the corrosive issues of tar sands oil (2011, p. 3). In the first year of the TransCanada Keystone pipeline, there were fourteen spills (Parfomak et al. 2013, p. 31). Although technological leak detection is considered to be efficient, many spills were reported by witnesses and went undetected by release detection equipment (2013, p. 31). Incidence like this have caused much concern over spills since DilBit is a heavy crude mixture that is much more difficult to clean up than regular crude oil (2013, p. 31). Heavy damage to waterways and air pollutant such as benzene caused by spills from the Keystone Pipeline and other pipelines have already incurred (Swift et al. 2011, p. 7). With the proposed pipeline plotted in environmentally sensitive areas such as the Ogallala Aquifer, a pipeline leak would have devastating effects, not to mention immense cleanup cost, time involved and irreparable harm to the environment and communities (Casey-Lefkowitz & Shope, 2011, p. 3). In addition to these possible affects, the creation of this pipeline would not lower the price of fuel to the consumer at the gas station, as fuel prices are based off the national and international market (Parfomak et al. 2013, p. 23). Only big oil would benefit from the pipeline, along with additional jobs to Americans, but would ultimately secure the continued destruction of the Earth. In a public forum in 2010, Secretary of State Clinton stated, â€Å"we’re either going to be dependent on dirty oil from the [Persian] Gulf or dirty oil from  Canada †¦ until we can get our act together as a country and figure out that clean, renewable energy is in both our economic interests and the interests of our planet† (2013, p. 29). The real question is if this pipeline is in our nation’s best interest and the best interest of Mother Nature. Those who stand to make a profit off destroying the planet have voiced their opinions, but the President made the right decision politically and, in the long term, for America. To form a relationship with a company that will incur this type of damage would only encourage more detrimental acts in the future. Although Canadian companies will continue to mine this toxic DilBit and sell it to other markets, the nation should not lock itself into a long term relationship with toxic oil, or oil in general. As Secretar y of State mentioned, the United States is in need of focusing on clean renewable energy and green initiatives that will save the planet and generations of Americans to come. References Bradley, Jr., Robert. (2013). Keystone xl amounts to america’s pipeline vs. president obama’s cronies. Forbes Magazine. Retrieved from http://www.forbes.com/sites/robertbradley/2013/08/20/keystone-xl-amounts-to-americas-pipeline-vs-president-obamas-cronies/ Casey-Lefkowitz, S., Shope, E. (2011). Say no to tar sands pipeline: Proposed keystone xl project would deliver dirty fuel at a high cost. Natural Resources Defense Council. Retrieved from http://www.nrdc.org/land/files/TarSandsPipeline4pgr.pdf Coyle, J.J., Novack, R. A., Gibson, B.J., & Bardi, E. J. (2011). Transportation: A Supply Chain Perspective. 7th edition. South Western College Publishing. Montopoli, Brian. (2012). Obama denies keystone xl pipeline permit. CBSNews. Retrieved from http://www.cbsnews.com/8301-503544_162-57361324-503544/obama-denies-keystone-xl-pipeline-permit/ Parfomak, P. W., Pirog, R., Luther, L., Vann, A. (2013). Keystone XL pipeline project: Key Issues. Washington, DC: Congressional Researc h Service. Retrieved from http://www.fas.org/sgp/crs/misc/R41668.pdf Swift, A., Casey-Lefkowitz, S., Shope, E. (2011). Tar sands pipeline safety risk. National Resources Defense Council. Retrieved from http://www.dirtyoilsands.org/files/tarsandssafetyrisks.pdf

Perspectives from Inner Windows Essay

Cheryl Albury in the book† Perspectives from Inner Windows,† reveals many of the social problems that we face in Bahamian society. In her stories â€Å"Waiting for Love† and â€Å"Pot of Gold† she uses them to reflect on some of the characteristics of Bahamian Men. From these two stories Albury portrays men as manipulative and selfish. In â€Å"Waiting for love† we are introduced to the relationship of Stafford and Phyllis a young couple from Exuma. Stafford, evil in his ways, preys on naà ¯ve Phyllis, coaxing her mind of dreams he had for them. He courted her around town and found an opportunity to rob her of her innocence. Although she loved him, she knew something wasn’t right about their relationship, because ever since he had asked her to elope she felt a â€Å"sense of foreboding and uneasiness† to the matter. He deceived her in believing they would elope and start a family, by him not doing this he betrayed her trust and left her waiting on love. In â€Å"Pot of Gold† best friends Cyril and Jacob are both family men with minimum paying jobs. They, influenced by the hard times, robbed the local hardware store of a large sum of cash and walked free. It was not until Cyril’s unknowingly told his girlfriend that they were found guilty. Because of their selfish ways it caused them to jeopardize their relationships with their family and to deceive the trust of their wives. After being imprisoned, Jacob tried to regain their treasure but a building was constructed on it, but in the end they learnt that true happiness does not come from being selfish. In conclusion, Albury in these stories uses the technique of dialect and imagery to help her readers understand her point more. Also I believe that Albury shows a true reflection of Bahamian men. She uses real life situations to bring her point across that most Bahamian men are selfish and manipulative.

Pepsico Diversification Essay

PepsiCo’s Diversification Strategy in 2008 PepsiCo was the world’s largest snack and beverage company, with 2007 net revenues of approximately $39. 5 billion. The company’s portfolio of businesses in 2008 included Frito-Lay salty snacks, Quaker Chewy granola bars, Pepsi soft drink products, Tropicana orange juice, Lipton Brisk tea, Gatorade, Propel, SoBe, Quaker Oatmeal, Cap’n Crunch, Aquafina, Rice-A-Roni, Aunt Jemima pancake mix, and many other regularly consumed products. Company History PepsiCo Inc. was established in 1965 when Pepsi-Cola and Frito-Lay shareholders agreed to a merger between the salty snack icon and soft drink giant. The new company was founded with annual revenues of $510 million and such well-known brands as Pepsi-Cola, Mountain Dew, Fritos, Lay’s, Cheetos, Ruffles, and Rold Gold. PepsiCo’s roots can be traced to 1898 when New Bern, North Carolina, pharmacist Caleb Bradham created the formula for a carbonated beverage he named Pepsi-Cola. The company’s salty-snack business began in 1932 when Elmer Doolin of San Antonio, Texas, began manufacturing and marketing Fritos corn chips and Herman Lay started started a potato chip distribution business in Nashville, Tennessee. In 1961, Doolin and Lay agreed to a merger between their businesses to establish the Frito-Lay Company. There are also so many other products and companies that merger with PepsiCo throughout the years. Once Quaker Oats’ food, snack and beverage brand merged with PepsiCo companies in the United States and internationally broadened it portfolio of the brands. Internationally Pepsi brought countries like the Netherlands, Poland, Ukraine, Bulgaria, Brazil and Canada. Marketing From the 1930s through the late ’50s, â€Å"Pepsi-Cola Hits The Spot† was the most commonly used slogan in the days of old radio, classic motion pictures, and later television. Its jingle (conceived in the days when Pepsi cost only five cents) was used in many different forms with different lyrics. With the rise of television, Pepsi utilized the services of a young, up-and-coming actress named Polly Bergento promote products, oftentimes lending her singing talents to the classic â€Å"†¦ Hits The Spot† jingle. Some of these Bergen spots can be seen on ClassicTVAds. com. Through the intervening decades, there have been many different Pepsi theme songs sung on television by a variety of artists, from Joanie Summersto The Jacksonsto Britney Spears. See Slogans) In 1975, Pepsi introduced the Pepsi Challengemarketing campaign where PepsiCo set up a blind tasting between Pepsi-Cola and rival Coca-Cola. During these blind taste tests the majority of participants picked Pepsi as the better tasting of the two soft drinks. PepsiCo took great advantage of the campaign with television commercialsreporting the results to the public. In late 2008, Pepsi overh auled their entire brand, simultaneously introducing a new logo and a minimalistlabel design. The redesign was comparable to Coca-Cola’s earlier simplification of their can and bottle designs. Also in 2008 Pepsi teamed up with Google/YouTube to produce the first daily entertainment show on Youtube, Poptub. This daily show deals with pop culture, internet viral videos, and celebrity gossip. Poptub is updated daily from Pepsi. In 2009, â€Å"Bring Home the Cup,† changed to â€Å"Team Up and Bring Home the Cup. † The new installment of the campaign asks for team involvement and an advocate to submit content on behalf of their team for the chance to have the Stanley Cupdelivered to the team’s hometown by Mark Messier. Pepsi has official sponsorship deals with three of the four major North American professional sports leagues: the National Football League, National Hockey Leagueand Major League Baseball. Pepsi also sponsors Major League Soccer. Pepsi also has sponsorship deals in international cricketteams. The Pakistan cricket teamis one of the teams that the brand sponsors. The team wears the Pepsi logo on the front of their test and ODI test match clothing. On July 6, 2009, Pepsi announced it would make a $1 billion investment in Russia over three years, bringing the total Pepsi investment in the country to $4 billion. In July 2009, Shag-me started marketing itself as Pepsi in Argentinain response to its name being mispronounced by 25% of the population and as a way to connect more with all of the population. In October 2008, Pepsi announced that it would be redesigning its logo and re-branding many of its products by early 2009. In 2009, Pepsi, Diet Pepsiand Pepsi Maxbegan using all lower-case fonts for name brands, and Diet Pepsi Max was re-branded as Pepsi Max. The brand’s blue and red globe trademarkbecame a series of â€Å"smiles,† with the central white band arcing at different angles depending on the product until 2010. Pepsi released this logo in U. S. in late 2008, and later it was released in 2009 in Canada(the first country outside of the United States for Pepsi’s new logo), Brazil, Bolivia, Guatemala, Nicaragua, Honduras, El Salvador, Colombia, Argentina, Puerto Rico, Costa Rica, Panama, Chile, Dominican Republic, the Philippines and Australia; in the rest of the world the new logo has been released in 2010, meaning the old logo has been phased out entirely (most recently, Franceand Mexicoswitched to Pepsi’s current logo). The UK started to use the new Pepsi logo on cans in an order different from the US can. In mid-2010, all Pepsi variants, regular, diet, and Pepsi Max, have started using only the medium-sized â€Å"smile† Pepsi Globe. Pepsi and Pepsi Max cans and bottles in Australia now carry the localized version of the new Pepsi Logo. The word Pepsi and the logo are in the new style, while the word â€Å"Max† is still in the previous style. Pepsi Wild Cherryfinally received the 2008 Pepsi design in March 2010. PepsiCo and it’s THREAT According to Consumer Reports, in the 1970s, the rivalry continued to heat up the market. Pepsi conducted blind taste testsin stores, in what was called the â€Å"Pepsi Challenge†. These tests suggested that more consumers preferred the taste of Pepsi (which is believed to have more lemonoil, less orangeoil, and uses vanillinrather than vanilla) to Coke. The sales of Pepsi started to climb, and Pepsi kicked off the â€Å"Challenge† across the nation. This became known as the â€Å"Cola Wars†. In 1985, The Coca-Cola Company, amid much publicity, changed its formula. The theory has been advanced that New Coke, as the reformulated drink came to be known, was invented specifically in response to the Pepsi Challenge. However, a consumer backlash led to Coca-Cola quickly reintroducing the original formula as Coke â€Å"Classic†. According to Beverage Digest’2008 report on carbonated soft drinks, PepsiCo’s U. S. market share is 30. 8 percent, while The Coca-Cola Company’s is 42. 7 percent. Coca-Cola outsells Pepsi in most parts of the U. S. , notable exceptions being central Appalachia, North Dakota, and Utah. In the city of Buffalo, New York, Pepsi outsells Coca-Cola by a two-to-one margin. Overall, Coca-Cola continues to outsell Pepsi in almost all areas of the world. However, exceptions include India; Saudi Arabia; Pakistan(Pepsi has been a dominant sponsor of the Pakistan cricket teamsince the 1990s); the Dominican Republic; Guatemalathe Canadian provincesof Quebec, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island; and Northern Ontario.

Informative Research Paper Example | Topics and Well Written Essays - 1000 words

Informative - Research Paper Example (Darby 50). The amendment came as part of the bill of rights of 1791. There amendment relates to the provision of the bill of rights of English of 1689. The amendment got its inspiration from the Titus Oates of England case. This was after King Henry II took up power in 1685, where Titus was under trial for cases involving the execution of people who were under accusation by Oates. Titus was under a prison sentence, including ordeals involving pillory and whipping while pulling a cart as part of the punishment. There was taking up of the case by the United State Supreme Court jurisprudence on the eighth amendment. Oates punishment was inclusive of penalties that were random and excessive; they were also manner that does not follow the law of precedence. There was a death sentence evasion for Titus because if dead, honest witnesses would not testify against the accusations. Before the eighth amendment took effect in the USA, England had given a declaration that was against cruel and p unishment that were unusual and had gotten approval by the parliament in 1689 and had taken effect as a law the same year. The judges were to adhere to the rule, for the bill of right had an illustration that excessive fines were not to be given to individuals, unusual and cruel punishment were also under abolishment as seen in the case of Furman v. ... Until its implementation, people of Virginia including Patrick Henry and George Mason made their efforts in ensuring that the restriction was under application by the congress. There is a warning that if the implementation is not underway, the congress would give severe and unusual punishment to the people. The Virginians said that the congress should adopt practices of civil laws rather than using common law. At the time, common law was in use, in France, Germany and Spain, through the consistent pressure by the two Virginians the congress was in agreement that adoption of the provision was necessary. The final solution was the changing of ought to shall by James Madison in 1789 (William 67). In accordance to the Supreme Court, The eighth amendment does not allow entire punishment as well as punishment that over boards the crime and considers the perpetrators competence. Regarding the Robinson court opinion, Justice Peter Stewarts held that cruel inflictions and unusual punishment w ould be a violation of the eighth amendment. The Supreme Court has been implementing the law by indicating that a punishment must not be severe enough to degrade the dignity of human beings. It states that a punishment is unusual and cruel if the punishment is unacceptable by; the whole society and its infliction are wholly a fashion of arbitration. Punishment is cruel and unusual if the punishment is not in accordance to patent. There is implementation through the case of Wilkerson v. Utah, where there was public desertion and burning alive of Wilkerson taken by Justice Brennan, where he said that, no state would allow a law that violates any

The Failure of the Peace Process in the Middle East Essay

The Failure of the Peace Process in the Middle East - Essay Example   Ã‚  Ã‚  Ã‚  Ã‚   Amongst these were associates of the Palestinian government, as well as Yaseer Arafat himself, presenting their pity to the Engineer’s relatives. The Israeli officers were in touch with the Palestinian government bureaucrats, earlier to the assault and they in fact talked to one another regarding whether or not to go further on with this intended murder. Enderlin writes that Shimon Peres and his consultants thought that it would be excessively dangerous from a political point of view to miss the act, since if Ayyash were capable to accomplish the suicide bombing earlier than the future elections the opponent leader, would be proficient to articulate that they did not do something when they had the opportunity.  Ayyash murder was the start of a series of proceedings that would eventually direct to the conclusion of the Oslo agreements. Next to the huge interment, Hamas hit back in a sequence of vicious suicide bombings in Jerusalem. Under the situation, i t made logic for the Israeli community to choose Benyamin Netanyahu who assured the safety that they so desired. This is right. Right away next to Rabin’s murder, the Left in Israel was very sturdy and the suicide bombings did harm them at the ballots. Though, it was not an exact bombing only that directs to Peres overwhelm. One of the most amazing and disastrous features about Enderlin’s story is just how slam Barak and Arafat’s cooperation groups had come to fundamentally finalize an contracts.... Eventually, Enderlin writes that Shimon Peres and his consultants thought that it would be excessively dangerous from a political point of view to miss the act, since if Ayyash were capable to accomplish the suicide bombing earlier than the future elections, Benyamin Netanyahu, the opponent leader, would be proficient to articulate that they did not do something when they had the opportunity. Ayyash murder was the start of a series of proceedings that would eventually direct to the conclusion of the Oslo agreements. Next to the huge interment, Hamas hit back in a sequence of vicious suicide bombings in Jerusalem. Under the situation, it made logic for the Israeli community to choose Benyamin Netanyahu who assured the safety that they so desired. This is, in some way, right. Right away next to Rabin's murder, the Left in Israel was very sturdy and the suicide bombings did harm them at the ballots. Though, it was not an exact bombing only that directs to Peres overwhelm. The whole Arab-Israeli society, who would have with no hesitation chosen Peres, boycotted the elections in dispute of the horrifying disaster at Kfar Kana, where approximately 100 Lebanese inhabitants passed away owing to the disgusting carelessness of the Israeli armed forces.One of the most amazing and disastrous features about Enderlin's story is just how slam Barak and Arafat's cooperation groups had c ome to fundamentally finalize an contracts. Shattered Dreams the Failure of the Peace Process in the Middle East by Charles Enderlin 3 All of the things were in its place, President Clinton, who was on his way away of workplace,

Academic and Professional Development Essay Example | Topics and Well Written Essays - 500 words

Academic and Professional Development - Essay Example A scholar-practitioner is a person that is actively involved in various types of research practices aimed at enhancing the success of the profession. It is important to realise that evidence-based research and good theory are both essential ingredients for great and effective leadership. Scholar-practitioners that often excel in their research activities often end up becoming great and inspiring leaders for companies that they work for; they are great people managers with profound knowledge and skills that enhances the success of their work. According to Cavalieri & Mark (2013) academic theory has the potential to get out of touch if it is not refined and tested by those realities of contemporary daily practice. If the ideas of the scholar do not have the capability to hold up complexities that lead in the present global economy, then their value beyond the academic journal is very low or unavailable. In this regard, scholar practitioners have to ensure that they understand and implement some of the lasting values that guide academic integrity, some of which have been outlined by Walden (Cavalieri & Mark 2013). Wladen’s values have had a profound effect on the learning community in that they enable learners to know how to develop better content that can be used in clinical and other disciplines, having been developed with due regard to academic integrity. Using the knowledge I have gathered from Walden’s values regarding professional and scholarly writing, I look forward to improving my writing skills, which will involve acknowledging other peoples academic works that I will use in my research and writing processes. Going into the future, I have learnt how to improve in my research and writing, things that were seemingly challenging in the past. Being at Walden has been an important undertaking that has heavily impacted on my academic and professional development. As far as communication is concerned, I realise that for