Sarah Orne Jewett’s description of a New England town in the passage ‘The Country of the Pointed Firs’

Writing in the nineteenth century, Sarah Orne Jewett adopts one of the most contemporaneous literary devices in ‘The Country of the Pointed Firs,' producing a realistic portrayal of American life, whilst setting her scene specifically in the New England town of Dunnet Landing. Various authors of this period embraced this variation of ‘realism' known as ‘regionalism' due to its potential for the exploration of particular social issues, matters which could not be portrayed as effectively without a physical setting to intensify their significance. Caroline Zilboorg outlines this literary movement as often including ‘vivid depictions of particular experience' one which explores ‘the meaning of age, race, class and gender as well as region. ‘ Although undertaking this technique of regionalist writing, the landscape Jewett writes about is merely a small garden at the back of a New England village house, whereas the majority of authors engage in writing about significantly larger and more expansive areas. Despite this, Jewett is just as able to employ her chosen area in the exploration of the attitudes and beliefs in those living there. The narrator's tone varies through the piece, initially perceiving the garden and its contents with little more than acknowledgement of its presence, describing it rather cynically as being ‘retired and sheltered. ‘ However, as the narrator continues to describe the surroundings, the reader gains the impression that the garden is of greater significance even to the narrator than originally thought. The narrator's tone appears to gain a nostalgic tone as the description progresses, almost as the speaker is being overwhelmed by the sheer abundance of its contents. To reinforce this, the narrator's depiction first appears to be rather vague and uninteresting, yet speedily becomes a vivid portrayal of all that is alive in the confined space. The reader gains a sense that almost as though against his will, the narrator has become enraptured by his surroundings, first focusing on the queerness of the arrangement of greenery, then pausing to admire the sea-breezes laden with the sweet smells of various herbs. This detailed contrast to the rather simplistic introduction provokes the reader into wondering why the narrator seems reluctant to take pleasure in surroundings which he obviously recognises as beautiful. The narrator's own words delineate him as being a keen admirer of the garden, finding himself ‘confronted with great pride and pleasure in the display,' yet the opening sentences reveal the speaker's more withdrawn perception of a landscape he later admits finding picturesque. The latter half of the text indicates the narrator's desire discontinue ‘seein' folk,' yet the manner in which he describes the garden suggests that the opening paragraph was merely a method of convincing himself that this is indeed what he wants. This sceptical attitude is dissolved however and replaced with nostalgic reminiscing once the splendour has been rediscovered. The structure of the piece reinforces this idea, for the length sentences serve to have the effect of almost drawing the reader into the body of the text, paralleling the narrator's feelings of being redrawn into the garden he desires to leave. Due to the sheer amount of detailed features contained within the garden, the narrator's portrayal begins with one basic aspect, in this instance ‘two or three hollyhocks and some London-pride were pushed back against the gray-shingled wall,' which eventually progresses into a vivid account of the true subject matter, in this case the narrator's companion, Mrs Todd. Such a methods is similar to that of author Robert Frost, likewise a keen writer of New England landscape. Frost similarly starts with a simple concept such as an explicit description of a scene or a narrator's surroundings which subsequently develops into a more complex depiction of either the narrator himself or how the scene affects his mood. Jewett likewise begins with a description of the greenery which builds up into unintentionally revealing the narrator's feelings towards his companion. The speaker's portrayal of Mrs Todd therefore begins with a general description, picturing her as ‘ a very large person', ‘an ardent lover of herbs. Already in this basic depiction, the narrator unconsciously begins to explore the character of Mrs Todd through his comprehensive language, using words such as ‘ardent' to portray to the reader how highly Mrs Todd values her garden. Her care of the garden, and her assistance to the local community in the form of herbal remedies pictures her as a caring welcoming woman, yet, her statue and overall presence reveal a more domineering eve n controlling persona. Jewett states that ‘her full skirts brushed and bent all the rest,' (of the flowers her feet missed. ) It has been suggested as an enforcement of this point, that her responsibility in caring for the garden also portrays a more authoritative side to her character, a subconscious desire to dominate. In this respect, it is both Mrs Todd and the narrator who subconsciously feel drawn by the garden and what it represents. Nevertheless, Mrs Todd can be seen as a mothering figure, from the rounded figure to her name, depicting her a warm and welcoming character. Additionally, the reader openly recognises Mrs Todd's wisdom, yet only mentions her knowledge concerning the usage of herbs and other such greenery. The reader however, can note that Mrs Todd also appears to be a more ‘worldly' figure than merely knowledgeable on plant life, for she does not show any ill feelings towards the speaker, instead becomes ‘more wistfully affectionate than ever. ‘ Her understanding response to the narrator's decision to leave enforces her kindly character, yet ironically may make it harder for the speaker to leave in such pleasant circumstances. The reader can imagine that Mrs Todd what with her dedication to garden and contents would not be an companion the speaker would want to in any way disappoint or frustrate. Despite the narrator's eagerness to leave, the reader can assume that unknowingly, they have established their own terms between them, conveyed through the narrator's language, ‘what we called ‘seein' folks', and referring to ‘our business. ‘

Case 7 the Forgotten Group Member

The Forgotten Group Member Case 7: The Case Study for this Week MGMT-591-62034 Leadership & Org Behavior July 28th, 2012 The Forgotten Group Member Group Development In the case study, â€Å"The Forgotten Group Member† (p. W-112) the components of the team came out of the forming stage to enter to the Storming stage. At this stage, as the book points out, is a period of high tension among the group members and emotionality. During this stage, hostility and infighting may occur.This can be seen when one of the members, Mike, feels outside of the group. From the beginning Mike was categorized as the clown of the team, and he contributed to have given that name. During the process, he has not shown much cooperation and/or effort in terms of meetings and tasks assigned as a team. Therefore Christine, Diane, Janet and Steve have shared more and developed teamwork in which each has a function. Misinterpretations and some incidents occurred during those five weeks that made Mike feel rejected by his team.All these events have created an atmosphere of tension where the team has been not able to completely create a team work. Christine as â€Å"Team leader† was worried and understood Mike and even empathized with him but on the other hand the group it could be affected by his performance. By knowing the different of the stages that team passes, Christine could have prevented certain situations, for example in the formation stage is when the group is known and defined the goal of them as a team and what is expected of them as individuals.It is important to remember what the â€Å"team† will produce at the end of the class (a good grade). Another important point is the behavior and attitudes as individuals within the team and establishes rules. Problem Identification Primary, the group itself was facing a problem of communication which has brought misunderstandings with one of the members. From the beginning the communication was not effective with th is member, Mike.He, in humorous mode, expressed that could not arrive at meetings before the class, and that was not taken into a consideration by the other members. Therefore, this made Mike feel outside of the group and that not be involved and/or participate actively in the work and decisions of the team. Secondary, Christine didn’t know how to address the issue, she was more worried about her qualifications then the team succeeds. She was concerned because depending on the group’s opinion about the value of the contribution of each member that could raise or lowered their grades.Christine should have known that as a leadership establish a clear vision and sharing that with the member of the group was part of her role and it was crucial for the team to success. Also, coordinating and balancing the conflicting interests of all members would have helped her with Mike’s situation. Therefore, Christine should have followed the OB SAVVY â€Å"Must Have† Con tributions by Team, by she understanding every single of these criteria, would have avoid the situation that her team is going through. Two Possible Solutions to the Primary ProblemA possible solution to the lack of communication between Christine, Janet, Diane and Steve with Mike is doing a reunion in which all the above are present. Definitely, they will have to return to the Forming stage to set clear objectives and team goals. Christine must assume her role of leader defining and dividing the tasks between each of them in equal proportion. She should promote the team work and let them know what is expected of each of them as individuals within the team. This time must establish and defined rules for behavior.Another possible solution would be to change the leader. Basically, choose another team member as leader. Two people that seem to have the attitudes are: Steve and Janet. Per the description in the text they are both responsible, respectful and committed with the team. Since Steve showed more initiative, for example taking notes of what was done at the meeting, he might be a good prospect. However, Steve would have to return to the Forming stage to establish team goals, etc. POSSIBLE SOLUTIONS| PROS| CONS|Returning to the Forming stage| – will allow Christine establish and define goals as a team-will also give her the opportunity to know her team and to communicate effective | -no too much time, the case will be due in a week-there may be resentment from Mike to Christine or the group| Choosing a new Leader| -different way of strategies, point of view and attitude -no room to think that it will be the same like with the old leader| -no too much time, the case will be due in a week-it may create a rough environment between the new leader and Christine|Unfortunately the group did not have a good basis from the beginning as Christine began to exercise her role of leader well. Not established goals for the team and not conducive good relationship be tween them. It seems that the team consisted of 4 people, not 5. In no time she met with Mike to find alternatives.It is important to note that Mike did not work hard to find a solution to his situation. He could have tried to talk to the team and let them know how he felt about it, but since Christine was the team lead she should have approach him and work it out. If the team had been composed by Steve, Janet and Diane, Christine would have been an excellent leader.

Critically evaluate the statement that 'leadership can make a Essay

Critically evaluate the statement that 'leadership can make a difference to organisational performance' - Essay Example The renewed interest in interest in leadership has come from the constantly changing environment in which organisations began facing from the later part of the last century. The new challenges have brought out the importance of leadership in organisations as executive jobs become more a leadership job rather than a management job. In general the concept of leadership is very powerful and "capable of conveying much more than can be contained within a concise definition". (Sadler 2003 p, 2)The definition of leadership can be viewed from two angles; one as a process in an organisation where persons at various levels exert non-coercive influence to direct and coordinate various members of organisation towards its goals and the other from the point of view of property of individuals i.e. as a set of behavior characteristics, personal qualities by which an individual successfully exerts influence, again, to direct and coordinate (Moorhead 2000, p, 352). The word coercive is what distinguishes between the act of a manager who (could if necessary) exerts influence by virtue of the power and position he holds and the leader who does it without. A good manager necessarily need not mean a good leader and vice versa. In the organizational contest, a good leader will have to be a good manager, if he were to be successful. There are many ways in which the difference between managerial way of seeing and doing things and leader ways of doing and seeing things can be distinguished. "Managers does things right, the leader does the right things. "(Bennis 1989, p4). A manager's role in an organisation is described in terms of goal setting, planning organizing and controlling. Very often he gets people to do things by virtue of authority of his office, his dealings with people (customers, employees) is based on contractual aspects and position. The leader's role is to create and articulate vision and create directions; communicate and persuade all stakeholders to work towards it; empower, energize, facilitate, align and motivate people to work in a way that organisations and the individual goals are met. However an ideal leader in terms of domain knowledge, technical competence, conceptual skills etc. will be as good as the manager. Describing the performance of Jell Barad as CEO of Mattel, Moorehead (2000, p 354) shows her to be an ideal combination of manager and leader. These differences are somewhat derived from the transactional and transformational theories of leadership. The manager way of doing things is attributed to the transactional theory of leadership, whereas leader ways of doing things is related to transformational theory of leadership. Lee Iacocca's turnaround of Chrysler motors is shown as a typical case of transformational leadership. Typically a manger kind of role for executives is described as one that is suitable in an environment that is stable, orderly and predictable and the leader role as one most important in a changing and dynamic environment, a situation of constant change such as one organisations face today. Leadership theories There are several theories of leadership based on property. Early theories tried to identify traits and behavior which were the hallmark of good leaders, based on a historical study. Initially studies tried to

Are UAVs (Unmanned Aerial Vehicles) the Future of Our Military Essay

Are UAVs (Unmanned Aerial Vehicles) the Future of Our Military - Essay Example onclusion might have been, the US Air Force has come out to close the debate once and for all by declaring that UAVs are the way to go in the future, through their Flight Plan 2009-2047 (USAF, 2009). The question that might come to the mind of the reader is â€Å"What are the factors that made the US Air Force turn completely from rejecting the UAVs as a viable technology in the 1970s to declaring them as a key to the future of this countrys defenses?† My own views on UAVs is that they definitely are the future of our military, and this discussion will give a technological overview on why I think so and why the Air Force has gone for it too. Also, it will discuss what aspects of the future might it take hold upon, clearly showing what UAVs are good for and what roles in aerial warfare will still be manned. The focus of our military is to have the best possible control on all aspects of warfare. The focus, then, is on technology. Technology and cost go side by side. Economic comparison of UAVs with manned aircraft is also done in the study to put everything into perspective. Following are some reasons for which UAVs are the future of our military in the light of technology and economy: Warfare is the name of knowing what your opponent might do next. Whoever knows that has a higher chance of winning the war than the ignorant party. UAVs provide the best technological solution for constant surveillance – even better than satellites. UAVs have flight times over days. Even if manned aerial vehicles has such endurance, the human can never stay in flight for so long. Thus, this gives UAVs an edge in their surveillance capability and ease of operation over manned systems. A plane can stay in flight over enemy territory only for as long as the enemy cannot shoot it down. The only way to prevent that is to be invisible to radar. The low speeds along with very high flight altitude of UAVs, makes them that (Pappalardo, 2010). Airframes can be designed to magnanimous

Social And Legal Aspects Of Computing Assignment

Social And Legal Aspects Of Computing - Assignment Example However, in this case study Susan failed to protect details of her group members by selling the data to businessman and mishandling the backup information which was stored in a USB stick. The information was not available to the users since the database became in accessible and Susan misplaced the only back up that was available. Personal details should also be kept in such a manner that they will portray the accuracy to the users. To achieve this, it is vital for the data to be kept in a place where they cannot be altered without the consent of the owners (Theda & Mary 2010). In the case study, Susan had written information which was irrelevant such as the details regarding the Caroline relationship with her former boyfriend Tom. Such information did not add any value to the information for the purpose it was intended for. Furthermore, Susan allowed another personal to use the data illegally which could result to its loss in authenticity. In addition, Susan forgot the secondary devi ce in which the data was stored, and this created a loophole for other people to access private data which they could alter to suit their personal desires rather than the use for the benefit of the members. Question 2 The principle of data protection act requires that the individual information being generated should be just and legitimate (Theda & Mary 2010). It is a legal requirement that such personal details should be obtained for a specific purpose only and not for any other reason whether legitimate or lawful. Susan violated this rule because she included private information regarding the relationship between Caroline and Tom (her former boy friend) and by adding that there relationship was not genuine, but a mere pretence just meant to hurt her. This information was not related to the reason for which the database of members was required. The regulations also require individual information regarding other people to be processed with their authority (Andrea & Deborah 2011). Th e information held by one person on behalf of others is not supposed to be used for any other purpose apart from the one it was meant for. In this case, Susan shared member’s personal details with Peter for commercial use and in fact she received compensation of ?1000. This was against members wishes since they were included in the deal. Therefore, members are entitled to compensation for the illegitimate use of personal details. Personal details should be kept safe where they cannot easily be accessed by unauthorized parties, spoilt, or replicated (Andrea & Deborah 2011). Susan violated this rule by carelessly sharing information with other people which eventually caused blockage of data maintained in the members’ website. She also misplaced the backup gadget which contained member’s details and probably the gadget was taken by other people. Those people who took that gadget probably went ahead and abused the information contained in it for their personal gains . This denied the group members the right to protection of their personal details which may result to abuse of their details. Question 3 In the case study, Peter replicated the data massively and sent numerous email messages to the clients. The members complained to Susan that

Economics Paper Essay Example | Topics and Well Written Essays - 1000 words

Economics Paper - Essay Example On the other hand if the local currency is strong, the foreign rate of exchange will be high thus making company's products to be expensive. At this situation, the company may opt for a domestic market for its products. In domestic market, the company has some power to decide on the price of its products. However this will depend on market structure of its product i.e. Whether it is a perfect competition, monopoly, or duopoly. In perfect competition market, the pricing strategy will be based on the forces of demand and supply of its product, which will be determined by the level of competition from other players in the market. Perfect competition market has a perfect elastic demand curve. Here the market determines the equilibrium price level. At this equilibrium price, the company will sell as much as it can. A slight increase in price will mean the company will sell nothing. In monopoly market structure, the company has the sole power to decide on the price it will sell its product. That is why monopolist is known as notorious in charging higher price of their products. Monopoly can interfere with the demand of its product by lowering it's output here the prices will go up and make more profit. In case of the company being a duopoly, it may collude with the other company that produces the same type of product and charge high prices provided that, there is trust between them. Therefore pricing strategy here will be dependent on trust and cooperation among the two market participants. Question two Most companies are profit maximizing and therefore their core objective is to maximize profit. However others aim at maximizing their sales. Profit oriented searcher will aim to produce the quantity and charge the price given by the point where marginal revenue equals marginal cost. This is as illustrated in the diagram below Price searcher aiming at maximizing sales will produce as a point total cost curve (TC) cuts total revenue curve m (TR) i.e. at the highest point possible. This is as illustrated below. Price searcher aim at maximizing sales, if his intentions are to promote the welfare of the producers i.e. to create the market to the producer's products. In a nutshell, price searcher must therefore choose between maximizing profit and maximizing sales. Question three Elasticity refers to the responsiveness of quantity demanded or supplied due to change in prices or income i.e. Change in quantity demanded or supplied due to a unit change in price or income. In this scenario I would expect demand for a specific brand of running shoes to be less elastic than the demand for running shoes in general. This is because specific brand limits the taste and preferences of a customer. This in turn limits the ability of the customer choice from a wider variety. Therefore a change in price of that specific brand is likely to be highly elastic. Consumers do not have substitute. Demand for a general brand of shoes will be more elastic since customers have

Discuss whether the Johari Window is a useful tool for influencing Case Study

Discuss whether the Johari Window is a useful tool for influencing organisational behaviour - Case Study Example This essay examines the extent that the Johari Window is a useful tool for influencing organizational behavior. The Johari Window is a process where individuals are given a list of fifty-six adjectives and asked to choose give or six that describes their own personality. The subject’s peers also pick out five or six adjectives that describe the subject. Both the subject and their peer’s answers are charted on a grid as a means of demonstrating to the subject the extent that their perceptions match or are hidden from others (Handy 2000). This technique has been implemented as a means of influencing organizational behavior in a number of ways. One of the most prominent ways the Johari Window has influenced organizational behavior is through team building. In these regards, it’s noted that, â€Å"  A team which understands itself - that is, each person having a strong mutual understanding with the team - is far more effective than a team which does not understand each other- that is, whose members have large hidden, blind, and/or unknown areas† (‘johari window ’ 2009). In this context of understanding, specific aspects of the Johari Window grid can be implemented to help group members gain greater knowledge of their coworkers. While direct feedback is oftentimes viewed as caustic and off-putting, the Johari Window allows organizational teams to more functionally provide constructive criticism to team members. As the Johari Window can be used in organizational behaviors, specific aspects of its grid mechanism can be further implemented as a means of improving organizational efficiency. After completing the adjective task the responses are mapped on a four-stage grid that includes an open/free area, a blind area, a hidden area, and an unknown area. As the individual’s results are charted on the grid, organizations can implement these results to target specific aspects of behavior. For instance, a team member that demonstrates

EARLY JAZZ PIANO STYLES Essay Example | Topics and Well Written Essays - 1500 words

EARLY JAZZ PIANO STYLES - Essay Example With Bennie Moten’s innovation, jazz piano incorporated some blues in it which accounted for the â€Å"blues-rooted modern jazz† (Schuller 4). Gioia’s account brought up the influence of Mexican band performers to the birth of jazz in Kansas City, New Orleans (7). It was during the time when the Louisiana Purchase only resulted to a one-eighth Anglo-Saxon population and the Latin Americans dominated in numbers in the said area (Gioia 6). Decades passed, and the influence of African-Americans grew to be more noticeable with the introduction of rhythm and blues. In fact, modern jazz is described as a hybrid of various Latin and African-American music genres, such as Broadway music, pop, blues, samba, reggae, funk, and other symphony music (Gioia 8). This essay follows the discussion of various musical works in jazz piano and descriptions of each popular jazz work in history. In particular, it discusses the popular Stride Ragtime, specifically the Harlem stride pian o, Boogie Woogie, Earl Hines’ jazz piano pieces, and G. Gershwin’s Rhapsody in Blue. Descriptions of these masterpieces will also be supported by some music authors’ perception of their music for validation and complementary interpretation. Stride Ragtime: Harlem Stride Piano Among the best pianists in New York, four of them were experts in stride playing. James P. Johnson, Luckey Roberts, Willie â€Å"The Lion† Smith and Richard â€Å"Labba Labba† Maclean were among the victors in stride ragtime battle known as â€Å"cutting contests† in which they were known as ticklers (Martin and Waters 108). Stride ragtime is played fundamentally by the left hand which strides â€Å"up and down the keyboard† using a â€Å"base note or an octave played on the first and third beats of the 4/4 measure† while goes on to alternate with a midrange note â€Å"on the second and fourth beats† (Martin and Waters 108). Stride ragtime originate d from ragtime itself but was developed into stride piano using some techniques such as speed, variations, incorporation of blues, and other improvisations that were â€Å"sometimes planned† (Martin and Waters 108). Harlem Stride Piano incorporates speed and flash. The effect appears to be vigorous and full of energy, a mimicry of American society shortly after World War I in which American lifestyle was fast-paced, hectic, and seemingly always in a rush. It also depicts sounds heard in cars and other automobiles, telephones, and airplanes (Martin and Waters 108). It also suggests a pleasing and lively mood because of the seemingly ‘caricature’ accompaniment which is a perfect background to slapsticks and pathos visual shows. Eubie Blake was particularly famous for being a pianist and composer during early, middle, and late 1900s and took the stride ragtime to a new level (Martin and Waters 109). Most importantly, James P. Johnson fathered stride piano by being s o absorbed in his craft through composing jazz pieces for Broadway musicals and concerts and keeping on learning and experimenting for the said genre (Martin and Waters 109). Boogie-woogie â€Å"Noisy offspring† was labeled to another genre of jazz piano, which became an instant hit in the late nineteenth and early twentieth century (Silvester 3). Boogie-woogie came to the existence in 1940s following combination of ragtime and rhythm of African music as evident by the qualities

Quality Concepts of Statistical Applications Research Paper

Quality Concepts of Statistical Applications - Research Paper Example It is important to note that the meaning of the word quality varies between people and sectors. However, there are two definitions for technical usage as follows. 1) Features of a service or a product that determine its ability to fulfill implied or stated needs. This is in line with Philip Crosby’s definition of â€Å"conformance to requirements† 2) Deficiency free product or service. This conforms with Joseph Juran’s definition of â€Å"fitness for use† From the term quality we can derive two other terms. These are quality assurance and quality control. These two terms can have several definitions because of the various definitions of the words assurance and control. For example, assurance can be interpreted as being certain or making confident. Control on the other hand can be interpreted as guiding or an evaluation to determine appropriate corrective responses. Quality assurance and quality control are often used in place of each other to mean actions undertaken to ensure quality of a service or a process. It is however important to differentiate these two terms for clarity in their use. Quality assurance focuses on the processes through which products are developed or services delivered. It aims to prevent defects through quality processes that the products undergo. Quality control on the other hand focuses on the end products. ... One school of thought was proposed by Douglas McGregor. He had two theories in this case, theory x and theory y. Both theories are based on the assumption that one of the roles of a manager is to organize the factors of production. Theory x assumes the following of an average person. They dislike work and try to avoid it, have no ambition and want no responsibility. It also assumes that they are self-centered and do not care about organizational goals. In a nutshell persons who fall under theory x work only for money and security. Management approaches in this area could range from hard to soft approach. These would include coercion, implicit threat, close supervisions and tight controls. Theory y, on the other hand, assumes the following about an average person. Work is as natural as play and rest. Commitment helps people meet their work objectives in a self-directed manner. People generally seek responsibility. Since people align their goals to organizational goals in this theory, managers can take several measures to ensure the best input from employees. These measures could include decentralization and delegation, job enlargement, participative management and performance appraisals. The concept of scientific management was coined by Frederick Winslow Taylor in 1911. There are several principles, also referred to as elements that detail the mechanisms of scientific management. These he considered as extensions to the four principles of management. The four concepts of managements are as follows. The development of a true science The scientific selection of the workman The scientific education and development of the workman Intimate and friendly cooperation between the management and the men.

Impact of Globalisation on Africa Essay Example for Free

Impact of Globalisation on Africa Essay This course will examine the critical and rapidly changing role of the state at the beginning of a new millennium as a result of internal and external factors, paying special attention to the state as a central player in ensuring the provision of public services, as well as facing the new challenges emerging around the world. It will enable students to: †¢ assess the impact of global economic liberalisation and information dissemination on governments and their constituents; †¢ engage in specific analyses of the changing role of the state, the different actors and stake-holders involved, the mechanisms of governance at different levels; and the emerging frustrations and violence. †¢ identify the capacities of and constraints facing governance processes; †¢ critique the manner in which reforms undertaken by governments impact social, cultural and economic development; and †¢ analyse the challenges faced by governance with regard to democratisation; To accomplish this, the course is divided into three thematic areas: 1. The State and the People (internal factors): Under this first part of the course, students will identify the basic components of state-craft, the different actors who come into play in decision making, the relative importance of each over the course of history, the constants in different geographic contexts, etc. With the advent of fresh economic, social, and environmental challenges, there is a strong sense among governments that their scope for autonomous public action is being reduced by the forces of globalisation and the consequent growth of inter-dependence among states. Sound governance in the public sector is a critical factor for continued progress. A determined effort is thus required by governments in refocussing the capacities of the public sector to meet the emerging challenges, and to grasp the opportunities thrown up by the global trends in a new millennium. 2. The State and Globalization (external factors): Under this second part, students will review the process of rapidly increasing globalization, and its impact on the role of the state, the process of increasing inter-connectedness between societies such that events in one part of the world have increasing effects on people and societies far away. Economically, transnational flows of commodities and production factors, such as capital and labour, are being accelerated. Politically, the sovereignty of nation states is being undermined, and certain kinds of supra-national authorities are being enhanced. Socio-culturally, contacts between peoples in different parts of the world have become easier, enhancing the advent of a global culture and cultural homogenisation. The effect of the integration of markets, new information technology, the erosion of sovereignty, the growing role of non-state actors, and sub-national groups, and an increasing inter-dependence among states, has resulted in the emergence of a global community, global issues, and global actions. Students will analyse the changes required in the functions of the state so that it can effectively mitigate the impact of globalization to ensure sustainable development, and national security. 3. Reconstructing the State (mechanisms of reform): Under this third part, students will review the need for recasting the roles of the institutions of the state, as well as the normal interaction between the various stakeholders – the state, the private sector and the civil society. They will analyse and debate on how national governance institutions can be reconstructed and retooled in different contexts within a climate of privatisation, participation, and decentralisation, how local governance can be promoted, how rule of law and regulatory frameworks can be established through responsible governance, and how democratic space can be created and maintained. This includes engaging civil society and the private sector in a dynamic partnership to improve the quality of developmental services, enhance social responsibilities, and ensure the broadest participation of citizens in civic life. The task o f the state is to take advantage of the forces of globalisation in providing a secure and stable domestic environment. The course will also analyse the manner in which the state can promote the participation of citizens in decision-making, enforce impartial legal frameworks, build transparency and promote accountability and equity, design policies on consensus, and provide strategic vision to overcome the challenges of mitigating the negative impacts of the global economy, transnational bodies, international law, powers and power blocs, and sub-national fringe groups. READINGS While required readings will consist of the following texts which will be placed on reserve in the Library, additional articles for each lesson may also be made available either over email or in hard copy. Some of these articles are cited in the various lesson descriptions below. Recommended Texts: †¢ Globalisation, Human Development Report 1999, UNDP, available for free download at : http://hdr.undp.org/reports/global/1999/en/ †¢ Reinventing Government, David Osborne, 1992. †¢ Reconceptualising Governance, Discussion Paper 2, UNDP, January 1997, available for free download at : http://magnet.undp.org/Docs/!UN98-21.PDF/Recon.htm †¢ The Third Wave, by Samuel Huntington, published by the University of Oklahoma Press. †¢ Development as Freedom, by Amartya Sen, published by Random House Anchor Books. †¢ The World Turned Upside Down? Globalization and the Future of the State, by Berry Jones, published by St. Martins Press. †¢ Globalisation and its Discontents, by Joseph Stiglitz, published by W W Norton and Company. †¢ The Lexus and the Olive Tree, by Thomas Friedman, published by Farrar, Straus and Giroux. Other General Texts: †¢ Globalisation and the State, World Public Sector Report 2001, United Nations †¢ Civil Society and Political Theory, Arato and Cohen, MIT Press, Cambridge. †¢ Democratic Governance, March and Olsen, New York Free Press. †¢ Globalization and the Nation-State, Holton, London: MacMillan. 2 †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ The Retreat of the State: The Diffusion of Power in the World Economy, Strange, Cambridge University Press. Marc Williams (1996), â€Å"Rethinking Sovereignty†, Chapter 8, Elenore Kafman and Gillian Youngs (Eds.), Globalization: Theory and Practice, London: Pinter Globalization: Theory and Practice, edited by Youngs, London: Pinter The Twilight of Sovereignty: How the Information Revolution Is Transforming Our World. Wriston, New York: Charles Scribner. Governance in the Twenty-first Century , Rosenau in Global Governance, Vol. 1, No. I (Winter 1995) Globalisation, State Sovereignity, and the Endless Accumulation of Capital. Arrighi. A new version of a paper presented at the ‘States and Sovereignity in the World Economy’ conference, University of California, Irvine, 21-23 Feb. 1997. What Future for the State?, Strange, Daedalus Vol 124, (Spring 1995), 56. The Defective State, Strange, Daedalus Vol 124, Number 2, Spring 1995. The Retreat of the State: The Diffusion of Power in the World Economy, Strange, Cambridge University Press, Cambridge 1996 Governance and Politics in Africa, Goran and Bratton, Lynne Rienner Publishers Inc. Colorado, USA. Institutions , institutional change and economic performance. North, Cambridge University Press. Making democracy work, Putnam, Leonardi, and Nanette, Princeton: Princeton University Press. CLASS POLICIES Class Participation: Class participation is essential in this course, and therefore, timely and regular class attendance is mandatory. Class attendance will be marked at the very beginning of each class. Attendance will be graded. Except for serious emergencies, and medical reasons, which must be brought to notice immediately over email, absences or late arrival will not be â€Å"excused†. It should be clearly noted that almost one-third of the Final Grade is dependant on attendance and punctuality. Drafting: Particular emphasis will be placed in this class on building up an ability to draft assignments and papers in a grammatically correct and logical manner, in presentations that can carry weight and conviction with the reader. The same will hold true of oral presentations in class. Email: Because of the importance attached to email and web pages, all students must have proper email accounts, and must check them regularly every day. (All email addresses will be collected in the first class). Students should also maintain a group address (Listserv) of all classmates, including the Professor, so that messages of common interest can be circulated to all. Reference Formula: All email correspondence MUST contain the following four-part Reference Formula in FOUR places, namely, (a) as the only â€Å"subject† of the email; (b) as the only first line of the text of the email; (c) as part of the â€Å"header† of any attached assignment, and (d) as the â€Å"filename† of the attachment: (initials of university)-(course symbol)-(initials of student)-(assignment number) 3 Example of the four-part Reference Formula: NYU-G-XXX-A# (where NYU stands for New York University, G stands for Globalisation, XXX are the student’s initials in capital letters, and A# is the assignment number). Format of assignments: Assignments will normally be submitted in hard copies, and must be saved in Microsoft Word (or WordPerfect) format exclusively. They should be saved with the same filename as the â€Å"Reference Formula† above, so that no confusion is ever created. Web-Sites: Each student will be encouraged to maintain a personal web-page, which will be graded. (Some tips on the quickest means to establish student web-sites will be discussed in the first class). In addition, a Class Web-Page may also be maintained as a group project. Each student will have to provide a personal â€Å"thumbnail† picture and a few lines of descriptive text for this Class Web-Page. These thumbnails have to be provided within the first two weeks of class. Other material on the class web-page will include summaries of class notes, and links to the personal web pages of each student reflecting their respective assignments. Assignments: Assignments will include : (a) One Mid-Term Paper (4-6 pages, single space, Garamond 12 or 14 pt. font, or equivalent) to be prepared and submitted by the 7th week of class. (b) One Final Paper (14-16 pages, single space, Garamond 12-14 pt. font, or equivalent) to be prepared and submitted by the 12th week of class. (c) Class Notes to be prepared each week by designated students working separately or in couples for each of the class sessions. (d) Oral presentations, supported by Summaries, on some of the essential texts (note: The summary of the presentation MUST be circulated to all students and to the professor via email a full 24 hours before the presentation). Class Notes: The objective is to maintain a complete record of the notes from each class on the home-page. The assigned group (which will always be different from the group preparing the presentations) will be responsible for preparation of the class notes. Class notes MUST be written within 24 hours after the class, and then circulated immediately via email to all. Class notes should not be longer then one page and should contain the following 1. The gist of the topics discussed in class. 2. The lessons learned News: The daily reading of at least one leading American newspaper (New York Times, Wall Street Journal, Washington Post, etc), one major foreign newspaper or weekly (London Guardian, Economist, etc), and one major American quarterly (Foreign Report) is required. All are available over the Internet. GRADING POLICY Grading Notes: In judging the quality of all assignments, the total grade for each of these will be divided into three portions, one-third for the quality and formatting of the presentation, one-third for the factual accuracy of research, and one-third for the strength and persuasiveness of the opinions expressed. Extra weight will be given for any visible improvement of work manifested over the semester. 4 Grading values: A+ (98-100) A (94-97) A-(90-93) B+ (88-89) B (84-87) B-(80-83) C+ (78-79) C (74-77) C-(70-73) D (60-69) F (59-less) Grading Break-up: Attendance and participation Web-page maintenance Assignments (oral and written) Final or Term Paper SCHEDULE OF LECTURES 30% 10 % 30 % 30 % SESSION 1 : INTRODUCTION Class policies and ground rules regarding, drafting techniques, web-sites, email addresses, oral book presentations, etc., and the road map of the semester will be discussed in detail. SESSION 2 : THE ROLE OF THE STATE : RIGHTS, DUTIES AND OBLIGATIONS This session reviews the definitions of the state, including the institutions of the legislature, the judiciary, electoral bodies as they have traditionally been conceptualised. What are the duties of the state to the public? What levels of government carry out what duties? How does legislature respond to the needs of the state, its duties and obligations? Governments are established to respond to the needs of their populations? What are these needs? How are they defined? What right do the people have to demand them? How do they make their concerns known? And in turn do they have duties to fulfill in their capacities as private citizens that contribute to the smooth functioning of their governments? What is the role of citizenry in good governance and in the effective functioning of the state? Book Presentation: Globalisation, Human Development Report 1999, UNDP Other discussion Papers: Public Sector Management, Governance and Sustainable Human Development. Discussion Paper 1. UNDP, BDP/MDGD. January 1995, Available at: http://magnet.undp.org/Docs/!UN9821.PDF/Psm.htm The Challenge to the South, The Report of the South Commission, 1992. Available through http://www.southcentre.org/ The Rise of the Brand State, Peter van Ham, Foreign Affairs, Sep-Oct 2001 SESSION 3 : UNDERSTANDING GLOBALISATION This session will attempt to define the parameters of the forces of globalisation in their historical and functional contexts. How does globalisation today differ from its earlier versions? What are the respective roles of the state and the private sector in using these  forces ? How do states, citizens, businesses, benefit from these forces ? Who gains and who loses out in the process. Book Presentation: Reinventing Government, David Osborne, 1992. Other dscussion papers: Selling Globalization The Myth of the Global Economy, by Michael Veseth Globalisation, Human Development Report 1999, UNDP, Available at: http://hdr.undp.org/reports/global/1999/en/default.cfm The Clash of Globalisations, Stanley Hoffman, Foreign Affairs, Jul-Aug 2002 SESSION 4 : GOVERNANCE AS A BASIC PRE-CONDITION TO SUSTAINABLE DEVELOPMENT Governance is a basic precondition for sustainable economic, social and political development. This lesson will look at the linkages between governance and development that is sustainable. It will review how systems of governance can effect development positively or negatively and the challenges posed to the state and society. It will also look at accountability and transparency in dealing especially with corruption, which is a major concern in most countries. Book Presentation: Reconceptualising Governance, Discussion Paper 2, UNDP, January 1997 Other discussion Papers: Governance for Sustainable Development, a UNDP Policy Document, 1997, Available at: http://magnet.undp.org/policy/default.htm Corruption and Good Governance. Discussion Paper 3. UNDP, BDP/MDGD. July 1997 Available at: http://magnet.undp.org/ under: Discussion Papers Series. SESSION 5 : THE INTEGRATION OF MARKETS, TECHNOLOGY AND INFORMATION This lesson reviews the impact of globalization on nations and countries all over the world. It examines the development of new technologies, and rapid information communications that are breaking down barriers of time and distance. It looks at the effect of unprecedented integration of trade and financial transactions through electronic means and the massive diffusion of information through Internet and satellites. It examines the effect of globalization on the sovereignty of the state and the need for a change in its role. Book Presentation: The Third Wave, by Samuel Huntington, published by the University of Oklahoma Press. Other discussion Papers: Globalization and the Nation-State, by Robert J. Holton, London: MacMillan, Philip G. Cerny (1996), â€Å"What Next for the State?†, Chapter 9, Elonore Kafman and Gillian Youngs (Eds.), Globalization: Theory and Practice, London: Pinter. The Knowledge Gap, Avinesh Persaud, Foreign Affairs, Mar-Apr 2001 SESSION 6 : THE EROSION OF SOVEREIGNTY The process of globalisation is undermining the sovereignty of nation states and will lead to the eventual disintegration of the sovereign states system in international politics. The sovereignty of nations is being undermined by multiple sources: technology, civil society, global consensus on issues such as human rights, democracy and governance. However, sovereign states are still the basic constituents of the international society. This lesson will look at the effect of globalization on the sovereignty of the state and review policies that need to be adopted to meet the requirements of the international community. Book Presentation: Development as Freedom, by Amartya Sen, published by Random House Anchor Books. Other discussion Papers: Philip G. Cerny (1996), â€Å"What Next for the State?†, Chapter 9, Elonore Kafman and Globalization: Theory and Practice, by Gillian Youngs (Eds.), London: Pinter, The Twilight of Sovereignty: How the Information Revolution Is Transforming Our World, by Wriston, Walter, New York: Charles Scribner, Will the Nation State survive Globalisation, Martin Wolf, Foreign Affairs, Jan-Feb 2001 SESSION 7 : THE GROWING ROLE OF NON-STATE ACTORS The modern state is witnessing civil society, NGOs and the private sector becoming more powerful at the expense of the state. In some countries, the influence of some transnational corporations (TNCs) has become greater than that of the state. These TNCs are the most important single force creating global shifts in economic activity, and their strategies and operations are much influenced by the forces of technological change. Moreover, private investment has become a major source of funding for development activities. How can the state interact with these non-state actors gradually gaining a more prominent role? This lesson explores the different experiences and responses of nations to answer this question. Book Presentation: The World Turned Upside Down? Globalization and the Future of the State, by Berry Jones, published by St. Martins Press. Other discussion Papers: Governance in the Twenty-first Century, by Rosenau, James N. in Global Governance Vol. 1, No. I (Winter 1995) Public Sector Management, Governance and Sustainable Human Development. Discussion Paper 1. UNDP, BDP/MDGD. January 1995, Available at: http://magnet.undp.org/Docs/!UN9821.PDF/Psm.htm Assignment submission deadline for one of the following topics: 1: How is globalization affecting the poor and other disadvantaged groups in developing and developed countries. Each student can either take one country or one aspect of globalization to prepare this summary. In other words the unit of analysis could either be one issue/aspect of globalization applied to different countries, or one country through which all aspects are brought together. or 2: Critically examine the problems of the civic and corporate responsibilities of multinational corporations. Students can either choose one company, or prepare a general note to examine how private sector companies can share social and economic responsibility for the communities and groups in which they work. Such responsibilities might include, among other possibilities, support to local economic development, increasing awareness of human rights, supporting the government to fight cross border corruption, etc.. SESSION 8 : THE INCREASING INTER-DEPENDENCE AMONG STATES There is visible evidence about the emergence of a global community, global issues and global actions. Examples lie in multi-lateral organisations as in the United Nations system, and in regional institutions, as in the European Union, NAFTA, ASEAN, etc. Increasing interaction among states in tackling political, economic and financial issues, has resulted in a growing awareness that interaction at regional and global levels is essential in this globalized world. There is a need to address issues of peace, security, economic stability, poverty and health as global concerns. There is an awareness that global actions are becoming essential in effectively tackling problems which are acquiring global dimensions, for example, drugs, terrorism, global warming, crime, poverty, illiteracy, AIDS, etc. There is growing awareness also about the concept of â€Å"global public goods†. How can nations deal with this new interdependence? What is the most effective role for the state? This lesson reviews the effect of rapidly increasing globalisation in the 21st Century and its impact on national governments of the North and South. It looks at the issue of global goods, effects on the growth, distribution of incomes, availability of public services, and increasing inequities within countries and across nations and reviews the need for increased collaboration in policy, with particular emphasis on global governance. Book Presentation: Globalisation and its Discontents, by Joseph Stiglitz, published by W W Norton and Company. Other discussion Papers: Governance in the Twenty-first Century by Rosenau, James in Global Governance, Vol. 1, No. I (Winter 1995) SESSION 9 : THE EFFECTS OF GLOBALISATION AND LOCALISATION Globalization is forcing states to cede some sovereignty over global issues. The greater demand for decentralisation and citizen empowerment is also forcing states to devolve power, authority and finances to local levels. What is the role of decentralisation and how can this be distinguished from the process of devolution, and deconcentration? This lesson will look at institutional changes, experiences in decentralisation and democratic governance. Book Presentation: The Lexus and the Olive Tree, by Thomas Friedman, published by Farrar, Straus and Giroux. Other discussion Papers: Institutions , institutional change and economic performance, by North, Douglass, Cambridge University Press, 1990. Making democracy work, Putnam, Robert D., Robert Leonardi, and Raffaella Y. Nanette. 1993. Reconceptualising Governance. Discussion Paper 2. UNDP, BDP/MDGD. January 1997, Available at: http://magnet.undp.org/Docs/!UN98-21.PDF/Recon.htm Globalisation, Human Development Report, UNDP, Available at: http://hdr.undp.org/reports/global/1999/en/default.cfm Globalisation’s Democratic Defeat, Joseph Nye, Foreign Affairs, Jul-Aug, 2001 SESSION 10 : RETOOLING NATIONAL AND INTERNATIONAL GOVERNANCE INSTITUTIONS. Governments and international organisations are faced at all levels with increasing globalisation, population, and growing needs. New forms and ways of government functioning are emerging. The twenty first century is marked by a focus on democratisation, and an increased emphasis on global, national and local governance. The challenge is to restructure national governance institutions to deal with the impact of globalisation and the changing circumstances as well as providing efficient and effective public services with limited funds. Other discussion Papers: The new institutionalism: Organizational factors in political life. by March, James. G., and Hohan P. Olsen.. American Political Science Review 78 (3): 734-749. SESSION 11 REGULATORY FRAMEWORKS AT THE INTERNATIONAL AND NATIONAL LEVELS The objectives are, ensuring society-based supremacy of laws, establishing regulatory systems to set up effective regulatory frameworks and a rights based system, ensuring equal treatment before laws protecting life, property and human dignity. How is law implemented in multijuridical states? What challenges does this present to governments? How does this affect the democratic representation of each citizen? The session will also look at overarching international juridical bodies: who designs them, who informs them, how is their mandate determined and implemented. Particular attention will be focussed on the World Bank, the IMF, and the WTO. Country cases are used to illustrate the needs of establishing policies, laws and resource priorities at the national levels to ensure equity and justice, and the upholding of rule of law, bringing security, and predictability to social, political and economic relations in the world. Other discussion Papers: The Universal Declaration of Human Rights; United Nations Available at: http://www.un.org/Overview/rights.html SESSION 12: BUILDING NEW PARTNERSHIPS WITH CIVIL SOCIETY AND THE PRIVATE SECTOR What constitutes civil society? What is the most effective role of civil society organisations at the local, regional and global level? Do they and should they have well defined mandates? How can they work collaboratively with government? In addition, beginning with a review of the traditional role of the private sector in the stability of a nation-state,what are the moral, financial and legal obligations that the private sector has both to governments and to its constituents, addressing the question of the appropriate tools for regulation, if any. It examines the vital role of the private sector in good governance and in mitigating the negative effects of globalisation. Other discussion Papers: Citizens, Strengthening Global Civil Society. CIVICUS. Good Governance and Trade Policy: Are they the Key to Africa’s Global Integration and Growth?. by Francis and Yates, Alexander; World Bank. 1999, Available at: http://wwwwds.worldbank.org/servlet/WDS_IBank_Servlet?pcont=detailseid=000094946_99032505 585398 Taxes and Bribery: The Role of Wage Incentives. Besley, Timothy, and J. McLaren. Economic Journal, Vol. 103, January 1999. Final Paper submission deadline: What is the issue of the changing role and power of the nation-state in the face of globalisation. Some argue that invincible globalising forces will inevitably lead to the demise or fatal weakening of the nation-state in international politics. This kind of argument is explicitly presented in titles such as â€Å"The End of the Nation-State† (K. Ohmae, 1996) and â€Å"The Retreat of the State† (Susan Strange, 1996) Others refuse this argument and contend that nation-states will hold fast to their traditional powers and sovereignty. Examine the conflicting arguments on the relationship between globalisation and the sovereignty of the nation-state. In doing this, look into the conceptual aspects of globalisation and sovereignty first, present the different views on the subjects, and try to arrive at some conclusions as to what the conflicting arguments imply for human development. or A focused single-topic paper, either on one of the following topics, or on any other relevant topic which is cleared in advance with the Professor: (a) Corruption and Accountability. (b) Electoral Reform in Established Democracies. (c) Decentralisation and Democracy. (d) The Importance of Rule of Law and Access to Justice. (e) The Limits to the Capacity of the Public Sector. (f) The Uneven Impact of Globalisation. (g) The Erosion of Sovereignty. (h) The Role of Civil Society in the Future World. (i) The Role of Foreign Direct Investment. (j) Information Technology as a Driving Force. (k) Terrorism, causes and effects (l) Poverty and its Effects (m) New Doctrines in Law (n) Free Trade and Protectionism (o) Migration flows in a Globalised world. SESSION 13 : FINAL SUMMATION CURRENT GOOD PRACTICES Several modules of good governance exist around the world. Students will identify different models of good governance and critically analyse its components establishing the reasons for the success of the models and identifying the circumstances where these models could be used as an example of best practices. What does capacity development for governance involve? How is the capacity of a national government assessed and what are the innovative approaches required to create an enabling environment and interrelationship of groups and organisations. Other discussion Papers: Governance for Sustainable Human Development. Discussion Paper 7. UNDP, BDP/MDGD. http://magnet.undp.org/policy/default.htm January 1997, Available at: Corruption and Good Governance. Discussion Paper 3. UNDP, BDP/MDGD. July 1997, Available at: http://magnet.undp.org/ under: Discussion Papers Series. The Capacity to Govern: Report to the Club of Rome. Yehezekiel, The Commonwealth Portfolio of Current Good Practices and New Development in Public Services Management, Commonwealth Secretariat. 1996, Emerging Issues in Capacity Development, Proceedings of a Workshop. Institute on Governance, Ottawa, 1994. Spreading the Wealth, Dollar and Kraay, Foreign Affairs, Jan-Feb 2002 Is Inequality Decreasing, Galbraith and Pitt, Foreign Affairs, Jul-Aug 2002 SESSION 14 : DISCUSSION ON FINAL PAPERS This session will review the Final Papers of students before the semester ends

Natural Law Essay

Natural Law Essay The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).  Ãƒâ€šÃ‚   It is a deductive theory it starts with basic principles, and from these the right course of action in a particular situation can be deduced.  Ãƒâ€šÃ‚   It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. Traditional natural law is based on value judgements, which emanate from some absolute source e.g. Gods revealed word. However the term natural law lacks a precise definition, and there is very little agreement, even among experts or proponents of natural law theory about its application to specific, complex, moral, or legal issues.  [1]   The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists. The major opponent to legal positivism as a conception of the nature of law goes by the label natural law theory. Natural law theory is probably not the best name for this view its a bit of a historical accident that this view in the philosophy of law came to have this name but it is the traditional label.  [2]  And I will not try to displace it here. Aquinas says that the principles of practical rationality-that is, those principles that tell us how to act reasonably-both are Gods law for our conduct and are knowledgeable by nature, even apart from special divine revelation. So the principles of practical rationality are both law and natural, and hence are natural law. Because Aquinas says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with natural law. The label is unfortunate because there are some writers who believe that the principles of rati onality or morality place a constraint on legality, but who do not believe that these principles of law rationality or morality are God-given law. These writers are called natural law theorists even though they do not, strictly speaking, believe in natural law. There are important objections to be made to Aquinass theory of natural law. O Connor rightly identifies the main one: Aquinas fails to explain just how the specific moral rules which we need to guide out conduct can be shown to be connected with allegedly self-evident principles.  [3]  But the objection that Aquinass account of natural law purposes an illicit inference from is to ought is quite unjustified. What are the principles of natural law? There is a  set of basic practical principles which indicate the basic forms of human flourishing as goods to be pursued and realized, and which are in one way or another used by everyone who considers what to do, however unsound his conclusions; and a  set of basic methodological requirements of practical reasonableness (itself one of the basic forms of human flourishing) which distinguish sound from unsound practical thinking and which, when all brought to bear, provide the criteria for distinguishing between acts that (always or in particular circumstances) are reasonable-all-things-considered (and not merely relative-to-a-particular purpose) and acts that a reasonable-all-things-considered, i.e. between ways of acting that are morally right or morally wrong-thus enabling one to formulate a  set of general moral standards.  [4]   Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law. Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioural laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today. Religious studies are flourishing again. Most scholars were convinced that religion definitely belonged to the past and were of interest only to a tiny group of specialists. Today religious studies are pursued by a host of people in a range of departments. Because of the relevance of cultural issues to the contemporary world, religions have moved from the periphery to the very centre of public and academic concern. Their startling resurgence has given rise to the growing number of studies that explore this phenomenon in fresh, new ways.  [5]  Among the many publications that have appeared recently, I would like to draw attention to a volume edited by Mark C. Taylor, which appeared in 1998. Entitled Critical Terms for Religious Studies.  [6]  It describes the field in terms of 22 notions some of them old acquaintances, others new comers from belief to writing. Each article analyses the theoretical value of one of these notions, examining it in a particular religious tradition s.  [7]  Another volume that appeared recently Guide to the study of Religion  [8]  likewise explores such notions as classifications, comparison, and gender 31 notions in all. Examining the concepts in the two volumes. I was struck by the absence of both history and tradition from each; ironically, only modernity has survived. As it happens, though, the essay on modernity by Gustavo Benavides in Critical Terms is not a bad substitute for the two missing.  [9]   In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it  [10]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings  [11]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria  [12]   The difficulty of interpreting the natural law One of the issues often highlighted by opponents of the use of natural law is that it is ambiguous and consequently very difficult to interpret. Von Prondzynski notes, There is a general aversion among lawyers at having to deal with something they cannot immediately define.  [13]  The difficulties with the use of natural law cannot be denied. It has been argued, there are two entirely different kinds of natural law theories  [14]  , one secular and one based on religion. Murphy also noted that, while the state may be Christian, this does little to help define natural law as Christian groupings fundamentally disagree as to what the divine law actually is.  [15]   However, this difficulty is not insuperable and should not be treated as so. It is clear from the constitution and from judicial decisions such as that of Justice Kenny in the Ryan case, that a Christian type of natural law is advocated rather than a secular natural law theory. The issue of what exactly this means and how it can be applied to complex cases is more difficult to resolve. Von Prondzynski believes that natural law in its legal sense, as seen by the Constitution has nothing whatever to do with the imposition on us all of a concise set of religious rules as propounded by the Churches.  [16]   The difficulties of natural law interpretation could be considerably reduced by the construction of some form of guidelines for the judiciary to use. These would help the judiciary to define the natural law and to interpret it accordingly. It is submitted that the use of natural law by the judiciary in the 1950s and 1960s was less contentious owing to the nature of society that existed at the time. Ireland during this period in history was relatively homogeneous in terms of its core values, and as such doing the right thing was not necessarily perceived as being undemocratic when everyone knew what the right thing was. In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it.  [17]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings.  [18]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria.  [19]   One of the main questions therefore that emerge from the debate regarding the use of natural law is the extent to which natural law can provide guidance to members of the court in deciding constitutional issues. It can be taken for granted that in a parliamentary democracy the judicial review procedure as provided for in the constitution is necessary to defend the rights of individuals. Therefore inevitably the burden of defending the rights of individuals against oppressive legislation falls in part, on members of the court.  [20]  Thus while defending the rights of individuals may be a prerogative of the judiciary, one is forced to ask; Can such a prerogative ever be justified by reference to principles of natural law? And if so can such a right ever be justified in overriding the democratic will of the people? The answer is a clear no! While there is widespread acceptance that the task of judges is to interpret the Constitution, during this process it is necessary for the judiciary to rely on the text, without reliance on sources from outside the four corners of the Constitution. Whether or not the judiciary should supplement the text cuts to the very heart of what it means to have a written Constitution, enforced by an independent judiciary, in a democratic state. As such the apparent death of natural law should not necessarily be seen as a bad thing if it results in more consistent, truly impartial, reasoned judgments from the judiciary. Proponents of natural law often argue that the use of natural law far from being a licence for unlimited government and a roving judiciary, natural rights and natural law arguments are the best defence of liberty and of limited government.  [21]  However despite such sentiments, the decision in Re Information  [22]  , like all previous Article 26  references will not be overturned. What the decision in Re Information makes clear is that natural law cannot be relied upon to invalidate any explicit provision of the Constitution, however it is also suggested that it does not address what residual role natural law plays in the constitutional order.  [23]   It would appear therefore that a deep fissure exists between concepts of popular sovereignty and natural law. When push comes to shove the Irish judiciary have preferred the former to the latter. Therefore the politics of normative choice through the democratic process is open and not bounded by fixed notions of natural law.  [24]   The Future of the Natural Law in Irish Constitutional Jurisprudence: Is Natural Law Dead? The future of natural law in Irish Constitutional jurisprudence is currently far from clear. It would appear from the Supreme Court decisions in recent years that for the foreseeable future natural law will not play a significant role in constitutional jurisprudence.  [25]  While the recent demise of natural law has been described as one of the great tragedies of the bitter debate on abortion  [26]  , it would be wrong to conclude that the Regulation of Information Bill 1995 signalled the death of natural law.  [27]  They suggest that the natural law component remains a significant aid to interpretation,  [28]  although it will remain inferior to the canon of harmonious interpretation. Although not dead, natural laws place in Irish constitutional jurisprudence has been radically altered. The doctrine now has a reduced significance in constitutional interpretation and a future growth in stature remains unforeseeable. Its application has led to many difficulties. Howeve r, the use of natural law is  not without benefits and its diminution and potential evisceration by the judiciary may  prove detrimental. Natural law was invoked over an extended period to protect the  rights of citizens not expressly provided for in the constitution, including the right to  bodily integrity, the right to travel, the right to earn a livelihood, the right to privacy  and the right of access to the courts. It remains to be seen if the Supreme Courts  decision will prevent the recognition of further unremunerated rights. Natural law will remain a significant aid in constitutional interpretation, however it is submitted that it will not be as influential as it has been in the past. In order to be really effective, the natural law must have its first home not in the judiciary, but in the population at large and in a constitutional democracy this means in the populace as represented in legislatures. That legislation and not adjudication should be the primary forum for the application of the natural law seems to have been recognized by no less an authority than St. Thomas Aquinas.  [29]  Here it is noteworthy that the application of natural law by Irish judges has largely been in the context of fundamental rights jurisprudence, for it is precisely when the substantive structures and ethos of community begin to break down that legal issues become primarily issues of rights.  [30]  So here the debate over natural law may ironically be a 178 Catholic Social Science Review function of the secularization process itself and suggests the larger question of the extent to which cultural problems lend themselves to judicial answers. Is it a coincidence that the incr ease in the activity of constitutional courts in the realm of personal rights, an increase which visible on a global scale, is taking place in a time of increasing secularization and cultural dislocation?  [31]   Why is it that the natural law doctrine, despite its flaws and inconsistencies, has had such an influence in the history of European thought? Kelsens answer is that natural law satisfies a deeply-rooted need of the human mind, the need for justification. To justify the subjective value judgements which emerge from the emotional element of his consciousness, man tries to present them as objective principles by transferring to them the dignity of truth, to make them propositions of the same order as statements about reality. Hence he pretends to deduce them from reality, which implies that value is imminent in reality.  [32]  This has a comforting corollary: belief in natural law enables a person to obey a civil law, not because he is compelled to do so by the civil power, but because of the laws intrinsic value. But, as we have learned, at the heart of Kelsonss argument lies the contention that value is not imminent in reality. Natural law nevertheless strikes a chord with a long- lasting and deep-seated need felt by mankind the need for certainty, for the existence of truths that are absolute and unchanging.  [33]   For writers down the ages it has been a quality of natural law that it is eternal and universal. Finnis believes that the principles of natural law hold good, as principles, however extensively they may be overlooked, misapplied or defied and however little they may be recognised. They would hold good just as the mathematical principles of accounting hold good even where, as in medieval banking community, they are unknown and misunderstood.  [34]  

A Valuable Treasure We Can Use Every Day Essay -- Literary Analysis

Acceptance is one of the most basic yet elusive human rights. Surfacing as a recurring theme in many forms of media, from movies to literature, there is an echoing outcry of the desire to attain this fundamental need. Carefully constructed into a beautiful literary quilt, Alice Walker's, "Everyday Use" is an excellent example of the search for acceptance. Walker uses a definitive tone, deeply focused first-person point of view, and powerful imagery, to stitch together this family-heirloom-quality short story, highlighting the incomparable need for acceptance within the family circle and by extension, from the world as a whole. As the story unfolds, the narrating mother is challenged to disdainfully tolerate her daughter Dee, who rebelliously renames herself Wangero. This is a daunting task because of Dee’s seemingly unreasonable and elitist attitude. Her other daughter, Maggie has endured surviving a heinous childhood experience, and yet still manages to exude a practical, loving selflessness, that at times causes her to acquiesce to her sibling’s will and wishes. With the mother’s reactions to the girls’ conflicting personalities, Walker makes the clear-cut tone easy to distinguish throughout the account. Though she wishes things were different between Dee and herself, illustrated by her daydreams of having a happy reconciliation with her daughter in a â€Å"This Is Your Life† style reunion in which â€Å"Dee embrac[es] [her] with tears in her eyes†, and pins a beautiful orchid to her mother's dress; the eye-opening, true nature of their relationship quickly becomes exposed. The reader is rudely awakened by the fact that, despite her mother's apparent fondness for orchids, in real life, Dee is sure to let her mother know that â€Å"she th... ...s for whom we are in the best way they know how; or perhaps to see how badly they may need our acceptance. Finally, we must allow Walker’s sense-awakening imagery to bring to life all the instances we are exposed to that may require the giving or needing of acceptance. As we choose to look beneath the surface of this short, simple tale, we will inevitably find the well-hidden treasures of a definitive tone, the strategic use of first-person point of view and rich imagery; keys which can open up to us the author’s bounty of knowledge, experience and wisdom. These precious gems can accompany and enrich us on our quest to find, give, and receive true acceptance. Works Cited Walker, Alice. "Everyday Use." Literature: An Introduction to Fiction, Poetry, Drama and Writing. Ed. X.J. Kennedy and Ed. Dana Gioia. 11th ed. New York: Longman, 2010. 455-461. Print.

Harsh Issues in A Streetcar Named Desire :: Streetcar Named Desire

Harsh Issues in A Streetcar Named Desire      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A Streetcar Named Desire, by Tennessee Williams, is a play which deals with many harsh issues like spousal abuse, rape, and insanity. The play is mainly about Blanche and her sister Stella. Blanche arrives at her sisterÕs house after being fired from the school where she taught and after loosing the big family house. She says she is on a leave of absence, but Stella and her husband, Stanley, soon find out the truth. Throughout the play Blanche acts as someone she isnÕt, in order to hide her past and hope that someone will desire her. Her escape is futile for her past is uncovered, and her last chance to meet a man is destroyed.The main theme of this play is the uselessness of escape. Blanche arrives at her sistersÕ house acting like someone she isnÕt. Her dirty past, and her motives for puting on this act are quickly discovered and Blanche ends up in a nut house.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When Blanche arrives at her sistersÕ home she says that she has come to stay with them temporarily because she has lost the family estate (she could no longer support it financially). Blanche has an air of superiority, indirectly commenting on where her sister lives and acting as if she has more class. When Stanley meets Blanche he is quickly suspicious of how she obtained all of her clothes, furs and jewelry. In the third scene Stanley is drunk after a poker night and hits his wife. They reconciliate the same night and Blanche puts on an act of how terrified she is, even after being reassured by two people the event wasnÕt a big deal. In scene four Blanche tells her sister about one of her rich friends that could send her some money and get her out of her bind. This is a lie, later on Stanley finds out that this man is not rich, and just an old aquantance of Blanche. Later on Blanche has a converstaion with Stella, which Stanley over hears, where she speaks of Stanley calling him primitive and saying he has animal like behaviors. This turns Stanley against Stella, even though he says nothing to her face. Blanche meets Mitch one of StanleysÕ friends, and one day she explains to her sister that she wants to decieve Mitch so that he wants

Statement of Educational Goals and Philosophy :: My Philosophy of Education

Statement of Educational Goals and Philosophy When I was in High school I decided that I wanted to be a secondary teacher. At first I didn’t want to be a teacher, but a few of my teachers changed my mind. In secondary school, I was thought of as an outcast by both my peers and my teachers. I had moved from Washington D.C. to the small country town of Galax, in Virginia, and the way I talked and dressed gained allot of negative attention. People thought that I was not capable of anything but starting trouble, when in fact I was very quite and shy. This negative stereotype made school a painful experience and I did not enjoy going to school. It wasn’t until my junior year that I had teachers who saw that I was in fact a intelligent person, capable of anything. They were the ones that showed me that, given the right direction, any student can accomplish anything. They also showed me that learning could be made fun. These teachers are what made me want to teach. They made me want to be the teacher that is there to help every student reach their full potential. In the following paragraphs I will state my philosophy on education and some goals that I will meet. It wasn’t until a project that my Education 210 teacher, Miss Smith, assigned my group a project on essentialism that I realized I was an essentialist, this approach to education was made popular by William Bagley. This approach was originally thought of as being to critical of students, but the launching of Sputnik in nineteen fifty seven and â€Å"A Nation at Risk† in nineteen eighty three brought essentialism back. In all things that are done in the classroom, such as classroom management, the curriculum, teaching methods, and the ways of evaluating my students, I plan to follow the essentialist approach. I wish to do this because it is my belief that schools should instill traditional moral values and the intellectual knowledge that students need in order to become model citizens. After all, I believe that the purpose of education is to mold students into model citizens because they are future leaders.

COMPUTERIZED SYSTEM Essay

Systems techniques are tools used in the analysis, design, and documentation of system and subsystem relationships. They are largely graphical (pictorial) in nature.  Systems techniques are used by accountants who do systems work. Documentation includes the following types of tools: Narratives (written descriptions) Flowcharts Diagrams Other written material For this subject, we only need to discuss two (2) of the most common documentation tools: Data flow diagrams Graphical descriptions of the sources and destinations of data. They show: Where data comes from How it flows The processes performed on it Where it goes Include three types: Document flowcharts describe the flow of documents and information between departments or units. System flowcharts describe the relationship between inputs, processing, and outputs for a system. Program flowcharts describe the sequence of logical operations performed in a computer program DATA FLOW DIAGRAMS A data flow diagram (DFD) graphically describes the flow of data within an organization. It is used to: Document existing systems Plan and design new systems There is no black-and-white approach to developing a DFD. Data sources and destinations Appear as squares Represent organizations or individuals that send or receive data used or produced by the system An item can be both a source and a destination Data flows Appear as arrows Represent the flow of data between sources and destinations, processes, and data stores As you probably surmised(GUESS) from the previous slides, if a data flow is two-way, use a bi-directional arrow.If two data elements flow together, then the use of one data flow line is appropriate.

Rolesof Media

INTRODUCTIONThe media plays a very constructive role in today’s society. Media play an important role in increasing of public awareness and collect the views, information and attitudes toward certain issue. Media is the most powerful tool of communication in emerging world and increased the awareness and presents the real stage of society.In this decade of Knowledge and awareness there is a huge and grand role of media, it is all around us when we watch on Television, listen to on the radio, read to the books, magazines, and newspapers, every where we want to collect some knowledge and information and a part of this media has to present a very responsible role for our society. Without the media, people in societies would be isolated, not only from the rest of the world, but also for the total formation of creditable world.WHAT IS MEDIAMedia is one of the most powerful instruments of communication. It can help to promote the right things on right time and gives a real as well a s strong aspects of the world about what is right or wrong also it also express that how can we store and distributes the views. The world is moving towards progress in every step of life. But we cannot refuse the real fact that we all are bounded directly or indirectly with the loads of social problems and issues, which are affected by the people of the people and for the people.Social issues or matters include so many types such as poverty, violence, corruption, bribery, suppression of human rights, rape, discrimination, and crime, killing in the name of honor. Today News Channels, Newspapers, radio, internet etc. help us to estimate the realities of live and focused on the every social matters with the pure and free effect, it has a chance to explore the issues of society more openly. Media refers so many links such as mass media broadcast media, print media and the web media.We know that television and radio are considered broadcast media while newspapers, magazines and journals are formatted as print media and internet news are called as the web media. The media is an important source of information through its news segments, entertainment and allows for exchange of our ideas, suggestions and views for related matters. There is huge variety of media. The media is not only an important source of news and opinions but also entertainment. Most young people usually turn on the television for movies, educational programs other entertainment programs.However, although most of us get our news through the media as many of us have little time to read books or journals, the news presented to us can be biased and one sided because news reported on websites appears most reliable and transparent though one has to be careful about the accuracy of the facts reported. However, there is still a degree of freedom in these countries' press compared to other more conservative countries. we have access to news from all around the world and readers are invited to send their vi ews and contributions to be published in the media.The term media is derived from Medium, which means carrier. Media denotes a links specifically designed to reach large viewers. The term was first used with the advent of newspapers and magazines. However, with the passage of time, the term broadened by the inventions of radio, TV, cinemas and Internet. In the world of today, media has become almost as necessary as food and clothing. It is true that media is playing an outstanding role in strengthening the society. Its responsibility is to inform, educate and entertain the people.It helps to know current situation around the world. The media has a strong social and cultural impact upon society. Because of its inherent ability to reach large number of public, it is widely used to convey message to build public opinion and awareness, it can be used to educate people with very little cost. Imagine a classroom in every city with thousands of students being taught by just one teacher. Bu t unfortunately, because of money-making approach of media and lack of interest by government, very less work is done in spreading the education.IMPORTANCE OF MEDIA IN SOCIAL AWARENESSThe media has got a vital role in molding a good society to develop our lifestyle and move it on the right path, because it always try to side with the truth and relevant factor. It is the best tool to spread awareness in the modern society either it be political, social or economic and giving us latest sight about what is happening in our world, making us aware about our rights, creating awareness against evils in our society, what new happening around us, exposing corrupt politicians and hardcore criminals by sting operations.There is correlation between media and society to share them self about the past, present and future event on need base method of the society. We know that a long time ago we see all news, views events all these things through Radio, Banner and Cinema slide show. But now a day w e have a power to see everything of the society and to share it among the people only the good approach of media. So Media and their function have been changed as because there is a competition among the Media also. Therefore apart from the service to the society they have to earn also.From this point of view several media are taking different steps to expand their business and sometimes they are deviated from the principles for which they are functioning. What society will decide for their existences and functioning is mainly depend upon the Govt. rules and regulations by limiting their scope of works in a particular field. In my opinion several sensitive international issues should not be published through Media for which tension among them increased. Otherwise media should come in front of the society with all truth.The main purpose of this studies to explain the real feature of growing techniques of information and used it to spread the social awareness. Its limitless connectivi ty and potential has open social order and system of interaction and communication which have been made a possible way to develop the communication technology and define the social situation of awareness. We can feel the impact of social networking in every step of life. Everyone wants information timely and to the point which can be possible through the help of social media. There is various types of social networking under the connectivity of media.Here we explore the FACEWOOK a social networking site, people can assess information easily through the help of this site and user can utilize these information to their personal and professional work and behavior. Social network is used to denote the huge number of blogs and intercommunication skills to provide online social networking service which can be focused and reflecting of social network or social relations among people who share interests and activities Most social network services are web based and provide means for users to interact over the internet.They interact, share and exchange resources by social networks. It promotes free flow of information and sharing of resources beyond boundaries. My point is not any of it said above. We had a nation with so much of events happening around, which but is escalated only on the whims and fancy of the people who rules us. Few of the examples are Ram Mandir issue, Lokpal Bill, 2G scam, CWG scam, Mining scam, Land Acquisition scam, Coal Gate, Delhi Rape Case, Godhra Riots, Mumbai Riots, 26/11 Mumbai Attack, Aarushi murder case, LPG subsidy, Fuel price hike etc.All of the above issues had its on relevance in political arena and accordingly had the coverage and importance across the media and discussed upon the nation till then until when it is to be fumed and exploited. Unfortunately none of the news had a chance to be there in limelight or discussions even until its natural closure of which many are due pending. Shattering fact is that even many of the above sta ted issues out of the many left out without mentioning are yet to have a judicial closure and the culprits yet to be booked and penalized.But at the brim of its flash we had all of the print and visual media, administration, intellects, social media and even stupid common man were there on the front to protest, outrage and even ready for a national cessation. Post shelf life of the issue hardly was there any movement on the same until either there is a reference by any for personal gain (other than the relative of the person involved) or on the occasion of anniversary reminder by the media who had to fill in the prime time slot. It is time for us, to do something better for our society.Any means the realism of a fact lies with the complete closure with justice delivered not only to the victim but to the society too. Until unless the limited time outrage and mongering of issue is protracted despite of what we are forced to think and react. May this sound a bit weird as we being respo nsible-sensible citizens, it is our bona fide birth right to react on anything and everything comes across. But will make a difference if it is made to prolong it despite of the shelf life tag come along with the issue.

Contract and Chou Essay

The case scenario under review by our team includes a contract law situation involving a board game company and a game inventor. Big Time Toymaker (BTT) is a board game company which develops, manufactures, and distributes board games, and Chou is the name of the inventor of a new strategy game. In this scenario, what began with a payment made from BTT to Chou for exclusive negotiating rights for 90 days, ended in a change in management at BTT, leading to their company no longer having interest in distributing Chou’s game. Several questions will be asked about the validity of the terms agreed upon by the parties involved, including at what point did the parties have a contract, and what role does the statute of frauds play in this contract? Our objective is to analyze the case scenario, including the previously stated questions, and provide the answers to those and other questions pertaining to the scenario and contract law. Question 1 At what point, if ever, did the parties have a contract? There was mutual agreement between Chou and BTT via verbal agreement, and a subsequent email verifying that an agreement had been tentatively reached. According to the terms of distribution between Chou and BTT a contract was only valid if formalized in writing. An argument may be made that three days prior to the 90 day time limit a mutual agreement was reached and valid via an E-contract law. There was mutual assent between both Chou and BTT. The argument for the other side will state there was never a formalized written contract from either Chou or BTT, only an email with a subject heading stating Strat Deal. Is the email a valid contract? Question 2 What facts may weigh in favor of or against Chou in terms of parties’ objective intent to contract? Facts show that BTT sent an email with a subject heading of Strat Deal with information stating that Chou and BTT have reached an agreement. The writing states that after months of no response from BTT and with no management in place the company no longer wishes to distribute Chou’s intellectual property. Chou was in compliance with BTT at all times regarding issues pertaining to Strat. Chou will allege that there was a contract between himself and BTT that was of mutual assent and under E-contract law the emails were valid. Question 3 Does the fact that the parties were communicating by email have any impact on your analysis in questions 1-2 above? According to CA Civil Code 1624, b 3, a, online contracts are endorsable even if writing is required by the statute of frauds. Communication of contracts is valid under E-contract law. There is no impact on analysis made of above stated questions because of online communication. Question 4 What role does the statute of frauds play in this contract? A key factor in any contract is acceptance, and in this case a verbal agreement had been reached three days before the exclusive negotiation right was expired. Chou then said he was going to draw up the contract. Big Time Toymaker (BTT) then sent Chou an email outlining all of the things that they had agreed upon that would be included in the contract. Seeing the email, Chou then assumed that this was the contract to be enforced and did not respond to BTT. Even though Chou received the email, he did not respond to it, thereby giving Chou the defense that silence is never acceptance. However, in E-contact law dictated by CA Civil Code 1624, b, 3, a, it says that online contracts are endorsable even if writing is required by the statute of frauds. In addition, the â€Å"Click On† or â€Å"Click Wrap† agreement clause states that these agreements are enforceable since the opportunity to read and acknowledge was given. The statutes of frauds do play a part in this contract due to the Uniform Commercial Code requiring that the statute of frauds applies to any contract for the sale of goods for $500 or more. However, the exact amount of â€Å"Strat† units that Big Time Toymaker (BTT) will sell or at what cost of each unit is unclear to the reader, it was described in detail in the email BTT sent to Chou. Question 5 Could BTT avoid this contract under the doctrine of mistake? Explain. The new management at BTT cannot avoid this contract under the doctrine of mistake because a mistake was not made by both Chou and the old management team. The mistake by Chou was accepting the email outline of the contract terms as an actual contract agreed to by both parties. Scienter applies to Chou in this case by accepting a seemingly legitimate contract. Would either party have any other defenses that would allow the contract to be avoided? The change of management brought about individuals bound to the same company as the old management team was, therefore, scienter applies to the new management team in privity. The draft sent from Chou and received by BTT is a negotiable instrument. BTT thereby becomes a holder in due course. The inaction of BTT after the draft was sent is in violation of the UCC requirement that all offers are to be open for a reasonable period of 90 days. Chou was under the impression that a contract had been made before that 90 days had expired. Chou has real defense as well as personal defense due to breach of contract and fraud. Question 6 Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? By law, statute of frauds would support this agreement. Due to the terms, there cannot be a lawsuit that can be upheld on particular contracts or arrangements, except if it is written and signed by the authorized party or representative. Under the statute, certain kinds of contracts have to be in writing in order to be enforceable in a court of law (Contracts: Statute of Frauds, 2013). The writing also has to be signed by the person who is held responsible for the contract or by that person’s agent. To evade the justification of the Statute of Frauds, one would need to make sure the contracts are in text and signed by the other party; so, if the opposing party does not hold his or her end of the agreement, one would gain from that particular party. Question Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. It is obvious BTT’s manager did not think clearly about protecting BTT from liability. He carelessly wrote the emails, and his careless actions put BTT at risk. This led Chou to believe that this e-mail was meant to replace the earlier notion that he should draft a contract. Although the word contract was not ever used in the e-mail, it said that all of the terms had been agreed upon. The compensation would be awarded to Chou by the court in a civil action due to the wrongful conduct, being the breach from the other party, BTT. If the contract is breached by BTT, Chou will be granted equitable relief by the court, which comes in the form of specific performance, injunctive relief, or reformation. Monetary damages could also be in effect, in which they can be compensatory, resulting from a loss due to nonperformance. Also, consequential, which are indirect but to be expected from non-completion. Restitution would also take place that would be equivalent to total the party has been unfairly supplemented by the non-breaching party, and liquidated, which damages are a preset value rendering from the agreement. The compensatory damages for recovery Chou suffered by the non-breaching party would be the damages that would be awarded to the party in the same situation he would have been in if the other party had executed as agreed upon (Melvin, 2011). After review of the case scenario involving Big Time Toymaker and Chou the game inventor, we have concluded that not only was there a contract agreement between the parties, but that according to E-contract law, Chou may be bound by the terms included in the original email sent from BTT. In addition, the doctrine of mistake cannot be used in this situation because of scienter toward Chou and the old and new management of BTT. Several questions were asked of our team in accordance with contract law and the scenario provided by the textbook. This completes our analysis of the scenario and answers to the questions we were presented.