The Ethics Of The Media Essays - Censorship, Historical Revisionism

The Ethics of the Media The Ethics of the Media The purpose of the media has become an ongoing question since the large amount of conflicts between the consumer and media. Why is the original purpose of the media so damn hard to figure out? It is time to confront this issue instead of blowing it off by saying, "We can never change the media, so why bother?" What kind of chickenshit statement is that?! If there are so many people with so much power, surely one of them realizes the downward spiral of the ethics of the media. I feel my sole purpose of this paper is to tell everyone my ideas and viewpoints on censoring the media. Ooooooo, censor. What a bad word that is when used in the same sentence with media. So many people believe censorship is a bad thing, but there is no other solution in stopping the "bad press." When I sit back and look at the stories about stories that are bad and offending to someone, I realize something needs to be done. The media is out of control. True, there are many informing and needed stories, but, my god, how many times a day to we need to hear and read about how much money O.J. Simpson has to pay the family of Ronald Goldman? We, as consumers, need to sit back and ask ourselves, "What was the point of hearing or reading that story?" Back to the censor issue. I, as an aspiring journalist, do not believe in total and complete censorship of the media, but also, as an aspiring journalist, I am embarrassed of some of the stories that are run, for instance, when the crime scene photos of Jon-Benet Ramsey were run in Globe magazine. Was there not anyone, an editor, a writer, or even a custodian at Globe who thought, "Uh, oh. These photos may get us into some trouble." Was there not a single sole who had enough ethics to try and stop these pictures from being printed? This is where censorship comes in. If I could do anything in the world, I would first, stop world hunger, and second set up some guidelines and laws that the media must obey. Guidelines such as, no digging through peoples trash and no peeking in windows. Of course, we know that by law, there is to be no peeking in windows, or over fences, but there is no one at the editors desk to implicate these laws. There is supposed to be someone there to prevent these stories from running, but remember, their paycheck depends on how many copies are sold or how high the ratings are. This "censor person" needs to have a set wage. If there was someone to stop these types of occurrences, half of my problems with the media would be taken care of. This may sound like a lame solution, but we need to start somewhere. Obviously this is not a complete solution to these problems with the media, so the next step would be to start using the editors for weeding out the stories that are not giving some type of information that the consumer wants and needs to hear or read. This is also easier said than done. This solution also brings up questions like, how does the editor know what stories the consumer wants to hear or read about? That is the responsibility of the media. Let them take polls and give every effort to find out what we want. Journalism will only survive if it establishes a more valuable and clearly defined mission, (Morality of Mass Media , Ellen Hume.) I could write a book about all the things I want to see changed in the media before I become a part of it, but I will not. There should be a line drawn so that the media can be punished for their wrongdoing. Many people agree that there should be a line drawn and like it or not, that line is called censorship. Our founding fathers did not want censorship on the media, but they probably did not think that the media would be doing such a crummy job. I do not want to say that all media is doing a bad job. Overall, they are doing a fairly good job, but there is still a large amount of dirty press that needs to be cleaned up.

Was European War inevitable in 1939 essays

Was European War inevitable in 1939 essays Was European War inevitable in 1939? In order to answer that question, one must consider the causes of the war and the circumstances that led to the tremendous success of the Nationalist-Socialist party in the first place. Also, had Hitler planned a European War or at least considered it? Facts are that after the treaty of Versailles Germany was left with the sole war guilt, with hardly any military forces and with a great loss of territory in Eastern Europe. In the public mind the harsh terms of the treaty of Versailles and the hard economics of the Great Depression seem to be two standard explanations. For almost a decade Germany was excluded from the international community. It did not join the League of Nations until 1926 or participate in the Olympics until 1928. The German inflation was devastating due to reckless wartime borrowing and fiscally disastrous post-war expenditures. Long-term unemployment was affecting blue-collar workers as well as white-collar workers, men, women and children were malnourished and many lost their confidence in the government. Between 1928 and 1932 suicide rates increased 14 percent for men, 19 percent for women . But not only had the economic troubles supported Hitlers rise, as inflation is far too facile an explanation . These factors, however, are the foundation on which building up a dictatorship was enabled. Was the European War inevitable? Had Hitler shown more modesty concerning his imperial goals and less eagerness for war in his politics, of course the war could have been prevented. If Great Britain had not pursued its appeasement policy and the United States of America had acted less isolationistic it could have been prevented too, or at least brought to a halt at a very early stage. The problem with these assumptions is that they are unhistorical by their nature, as Hitler would not have been himself without his longing for expansion, Great Britain without its appeasement s...

Right ingredients for a successful M&A Essay Example | Topics and Well Written Essays - 2250 words

Right ingredients for a successful M&A - Essay Example Factors such as shifting market dynamics from US to Emerging Markets, rising healthcare demand due to ageing population, regulatory and government changes due to economic environment and patent expiration of blockbuster drugs and the failure of R&D have led companies to restructure, grow inorganically and contain costs. Rationale behind M&A in Pharma There are a number of reasons behind which organizations merge or aquire each other, the most presiding one is accelerating growth. Pharma industry has some unique growth drivers that lead the companies to grow inorganically rather in the conventional way. The key drivers of M&A growth in the pharmaceutical industries are: 1. R&D Productivity: The pharmaceutical industry is research-intensive industry, with an average R&D to sales ratio as high as 18%, compared to 4% for US manufacturing industry overall (Pharmaceutical Researchers and Manufacturers of America, 2011). The R&D process is expensive costing $1.3bn in average (Grabowski, 200 7) time-consuming (12-15 years) and highly risky in their outcomes. Hence, by joining the research expertise of the two companies, M&As can profoundly improve the research performance of the firms involved. 2. Pipeline growth: An important investing criterion in pharma firms is evaluating company’s drug pipeline. Inspite of the exorbitant R&D spend, drug pipelines of companies are quite barren, especially the late?stage pipelines. Hence it is imperative for the Pharma companies to look outside in order to fill their pipelines. 3. Search for Blockbusters: Blockbusters, defined as brands with annual sales in excess of $1 billion, continue to drive growth. Pharma companies constantly search for blockbuster drug molecules such as Eli Lily’s Prozac or Pfizer’s Lipitor to boast their... Right ingredients for a successful M&A There are a number of reasons behind which organizations merge or aquire each other, the most presiding one is accelerating growth. Pharma industry has some unique growth drivers that lead the companies to grow inorganically rather in the conventional way. The key drivers of M&A growth in the pharmaceutical industries are: R&D Productivity: The pharmaceutical industry is research-intensive industry, with an average R&D to sales ratio as high as 18%, compared to 4% for US manufacturing industry overall.The R&D process is expensive costing $1.3bn in average time-consuming and highly risky in their outcomes. Hence, by joining the research expertise of the two companies, M&As can profoundly improve the research performance of the firms involved. Pipeline growth: An important investing criterion in pharma firms is evaluating company’s drug pipeline. In spite of the exorbitant R&D spend, drug pipelines of companies are quite barren, especially the late†¨stage pipelines. Hence it is imperative for the Pharma companies to look outside in order to fill their pipelines. Blockbusters, defined as brands with annual sales in excess of $1 billion, continue to drive growth. Pharma companies constantly search for blockbuster drug molecules such as Eli Lily’s Prozac or Pfizer’s Lipitor to boast their top lines. The period for which the patented drug can be masrketed is effectively 4-5 years after which the patent owning company loses its exclusivity to market and sell the drug.

History of the tatto culture in New York city Essay

History of the tatto culture in New York city - Essay Example Tattooing culture was re- introduced in the Western world in the sixteenth century with Anglo- Saxons kings of England getting tattooed. Since then, the culture of tattooing has been gaining prominence gradually across the world. Presently, it is normal to find people with a tattoo in virtually all parts of the world including those countries that are considered too religious and conservative. In fact, since the 1990s, tattoos have been considered as one of the major parts of Western and indeed global fashion, that cuts across gender, age, and economic classes (Gilbert 6-7). This discussion will focus on the history of the tattoo with specific reference to New York City (NYC), United States. Before discussing the history of tattoo in NYC, it is important to understand what tattoo means. A tattoo refers to a design, which is carved permanently into the skin through the insertion of indelible ink into the skin’s dermis layer in order to change the pigment. On humans, tattoos are a type of modification to the body while on animals they are mostly used for identification purposes. The word tattoo came from the term ‘tatua’, which a Tahitian word is meaning to mark (Rainer 11). In recent times, the tattoo has gained social acceptance and is very popular in the US. It is estimated that, in 2010, about 38% of the US’ Generation Y had tattoos. The culture of tattooing in the US dominantly took root in the 1800s. This art was sparked by the immigrants around this time.

Advertising and Identity through Consumer Culture Essay Example for Free

Advertising and Identity through Consumer Culture Essay Never before in the history of the modern world has advertising become so prevalent, ubiquitous, and an â€Å"undeniable essential† to a modern man’s everyday life than that of our century. Advertising images of all sorts, now flood public spaces: from billboards with eroticized images to the blinding electronic billboard, down to the â€Å"comfort ads† which oddly stares back in the rest rooms of malls. Magazines and televisions are also full of products that entice the readers and the audience to buy and patronize a certain brand. Similarly, cultural events cannot be seen without a popular brand nor is a sporting event complete without a corporate ad. Indeed, advertising has become part of today’s culture and has become an inescapable ghost that dominates our media, our road, and our home. The road towards the advertising era began its transition during the 1880’s to1920’s. It is during this period that ads focused largely on the products themselves. Products took the center stage, using heavy texts to introduce, feature and market the product. â€Å"Real† representation of people were absent in advertisements, but rather representation of people who stand for the social values such as   family structure and status differentiation were seen during this stage (Jhally, 1990, p. 228). With the written material properly explaining visual the visual imagery, ads during this period were instructional. At the same time they were also educational as well as promotional. These ads taught the consumer audience how to read commercial messages. However, by the postwar period, education was replaced for a puzzle of numerous visual messages. Visual images then took the limelight during the 1950’s. Texts were highly reduced and were then replaced by icons and images to allure the consumer. These visual imageries eventually took over the product. The image, rather than the product, became the main message that is communicated to the consumer audience. The once educational ads were now replaced with a hodge-podge of photos and visuals (Jhally, 1990, p. 229). As the 21st century ushered in, the idea of â€Å"identity† was then marketed to the buying audience, convincing the public that the products they buy represent their identity; identity which can now be brought in the nearest mall and will assure not only satisfaction but happiness as well. This paper will discuss the contemporary culture in the advertising industry as it permeates and even molds today’s idea of beauty, style, as well as identity. Similarly, it will discuss how people are influenced by this media medium by citing several studies and researches related to the mentioned topic. Apart form this, it will also discuss the benefits and the disadvantages brought about by the culture of advertising. Ours is an era whose society is in constant struggle to find their true identity. Never before has a mankind been so engrossed in a quest for an identity, life, and beauty only to be directed to the market place. Ads that promote images with identity are prevalent. A popular celebrity endorsing this line of clothing, for instance, will give the audience the message that buying these kinds of clothes will make you happy, beautiful, or popular. Likewise, purchasing this brand of shoes will make you a part of the â€Å"cool† or â€Å"in† group. Through these visual representations, consumers desire to be like the image they see on ads, and the consumption of this certain product will help them imagine, create, and sustain their idea of themselves, their image, and their identity. The idea of beauty is perhaps one of the most capitalized and used advertising ideas. Numerous magazines often represent a beautiful woman as someone who is skinny, blond, tall, and has a porcelain-like skin.   These faces are evidently plastered on every magazine cover. Of course, a brand logo is placed along side the photo of the model as if saying: You can be just like me if you use this brand†. Aside from this, almost every celebrity has the same body type. A small or fat woman would consequently mean that she is not conforming to society’s image of beauty, which therefore automatically makes her ugly. With all of these images, it is no wonder why millions of girls from different parts of the world accept the idea that in order to be beautiful, one should look like a cover girl or a celebrity. This also means that buying that certain skin care line or wearing the same brand of clothes would automatically transform them as they conform to the idea of beauty as well as their identity. In a report which studied the consumption patterns of youth, consumers regard consumption not as a mode of cultural activity, but rather as a rationalized process of fulfilling their desires. This means that a number of individuals actually believe that buying a product will fulfill their desire to look a certain way. Since their idea of perfection is duly represented by images of stunning models and celebrities, their pursuit of what is perfect can only be realized by using the same products or items that these models endorse. Although these ideals of perfection somehow give directions to the consumers, the truth is the images presented are first and foremost unattainable. More often than not, the audience is oblivious to the fact that the images they see, both on screen and on print, has already undergone a process of â€Å"editing† in order to make it even more perfect. The idea of beauty did not used to be boxed up with the idea of being skinny. In fact, during the prehistoric times, women are portrayed not as a wafer thin woman but rather as a full-bodied female with breasts, hips, abdomen, and thighs. The statuette called Venus of Willendorf for instance, has been revered as a goddess of beauty and fertility. Similarly, the statuette Venus of Moravany and Mal’ta are both revered because of their physical attributes. These images of beauty however, began to change as advertising emphasized the need to fit in a size two dress. This is particularly used by companies who promote diet and weight -lose products. Likewise, other manufacturers and business also saw the need to create slimming pills, slimming tea, and so much more. This eventually led other manufacturers to create clothes that will emphasize a woman’s thin frame. Apart from a person’s physical attribute, a person’s lifestyle is also used as a handle by the advertising world to create a market-based image. According to the same report, more than half of the young consumers believed that the products they buy represent their identities and lifestyle in some way. For them, identities are expressed in a variety of products such as shoes, clothes, cosmetics etc. Even seemingly trivial things are supposed to express their lifestyles. For instance, 36 percent of young males answered that their choices of telephone/ mobile equipment represent in some way their identities, and 63 percent of young females think that their choices of hair salon is a representation of their identities (Report on Youth Consumption Trend, 1994, p. 114). The one hour documentary entitled â€Å"Merchants of the Cool† is perhaps one of the most scathing examinations of how popular culture and advertising are entwined together. Exactly as the title suggests â€Å"Merchants of the Cool† chronicles how the media both reflects and influences pop culture. A large amount of money is paid to â€Å"cool hunters† in order to find out what is cool and what is hip. This information is then coursed through mediums such as the television. MTV for example, pay its â€Å"cool† audiences as well as the hosts and performers to attend to their party to make it look even â€Å"cooler†. Behind all these happening, there lies a big logo of a soft drinks brand. Much like how a ventriloquist controls a puppet, it is also the same with how a company and how advertising is behind how the image of â€Å"coolness† is presented (Frontline, 2001). This construction of a sense of identity, according to British sociologist Robert Bocock (1993), can be seen as a process which may make use of items of consumption such as clothing, footwear, popular music or sporting activities, including being a supporter of particular music groups, singers or soccer clubs. Such consumption patterns could be used as a central means of defining who is a member and who is outside a specific group. It is through material items that eventually determine an individual’s social group, which then ultimately gives him or her identity. A brand is a powerful tool that associates commodities with consumers because it symbolizes various elements of the product so that consumers have relative liberty in finding the association between their identities and commodities. The visual images, even the endorser of the brand also plays a crucial role in alluring the consumer to believe that by purchasing this product, you will become like me or that you will be popular or will have an identity like mine (Bocock, 1993, p. 4). However, the more important question is how does an individual associate his or her identity through the purchase of a certain brand or a certain product? The research mentioned above illustrates the characteristic mentality of a young consumer. I do not care about what other people choose. I think of design as an important consideration when I choose things, and my choices of commodities express a part of my personality. This statement underlines the prevalent belief that the freedom of choice of the consumer leads to the expression of his or her identity. In other words, since it is the choice of the individual that made him or her wear this particular pair of shoes, this particular pair then represents the identity of the individual who made the decision. Representative form of their self-identities derives from the individual level; individual consumers make a decision by themselves to buy things in order to express their own identities (Hattori, 1997, p.10).

Good Faith and Contract Law

Good Faith and Contract Law the governing principle applicable to all contracts and dealings . This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good faith. The notion of good faith undoubtedly pervades English law, but there is no single recognised doctrine of general application. The law is generally ready to strike against instances of bad faith: for example where lies are told in pre-contractual negotiations and where the weak are exploited or pressurised the application of concepts of contract law will make such contracts void or voidable,. However, no liability or remedy is to be had against the party who, acting in his own best interests, disengages from the negotiations. Moreover, the traditional view of the law is that during the performance of a contract one partys motivation is not relevant to define contractual rights, nor may (bad) motives increase the scope of express obligations. Aside from specific types of contracts, insurance being the notable example, there is no recognised extra-contractual duty on one party to disclose facts that may turn out to be of importance to another . This can be contrasted with the position i n other countries including Australia and Northern Ireland where the notion of good faith is more readily accepted. Steyn J who foresaw a future for good faith doctrine in English law however such a future has sadly not developed, or if indeed it has developed it has so in a piecemeal fashion. Bingham L.J’s perception has proven to be closer to reality, he stated when speaking with reference to the incorporation of conditions in contracts: The tendency of the English authorities has been to look at the nature of the transaction and the character of the parties to it; to consider what notice the party was given of the particular condition ; and to resolve whether in all the circumstances it is fair to hold him bound by the condition. This may yield a result not very different from the civil law principle of good faith, at any rate so far as the formation of contract is concerned . The classical theory of contract appeared to be hostile to the emergence of a general doctrine of good faith. Sir George Jessel M.R. emphasised that their was a strong public interest in maintaining the notion of freedom of contract which would necessarily exclude the notion of good faith : If there is one thing which more than another public policy requires it is that men of full and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore you have this paramount public policy to consider that you are not lightly to interfere with this freedom of contract. A party to a contract could therefore expect that the contract would be enforced according to its terms even if the terms were unfair. Despite these early reluctances to include good faith as part of contract law, it emerged as an important and necessary role in some aspects of contract law. The modern law of contract places more emphasis on conduct which takes account of the interests of the other party to the contract . Some of these specific circumstances will now be considered, The common law imposes a duty of good faith in insurance contracts. The requirement of utmost good faith in insurance contracts requires disclosure by the insured of any fact material to the risk and abstention from misrepresentation. The justification for the creation of the duty is that only the insured knows the material facts and the insurer has no reasonable means of discovering them, although this same argument could be advanced in respect of general contract law. Another aspect of good faith arising out of insurance contracts is the rule that an insurer settling claims under a limited liability policy must act in good faith towards the insured and must have regard to his or her interests both in the defence of actions against the insured and in their settlement . The Supreme Court of Ireland have taken a very different view to the principle of good faith in insurance law and this is best highlighted by the case of Aro Road and Land Vehicles Ltd v Insurance Corporation of Ireland in this case the assured wished to send goods by road via a carrier. At the carriers instigation they effected insurance, the carriers acting as the insurers agents for this purpose. They were asked only for the details of the journey and the value of the goods, and did not volunteer any further information. The lorry carrying the goods was hijacked and set on fire, but the insurers refused to pay out on the policy, pleading that the assured had failed to disclose that their managing director had, some 20 years previously, been convicted of a number of offences of receiving stolen motor vehicles, for which he had served a sentence of 21 months imprisonment. The decision in this case was in summation that this was not reason enough for the insurance policy to be invali dated and the reasoning was that there is no breach of utmost good faith if the proposer has genuinely forgotten a material fact, at least where there is nothing (eg a proposal form) to jog his memory. Utmost good faith, they say, requires a genuine effort at accuracy, but does not require the proposer absolutely to guarantee the accuracy (and by implication the completeness) of his disclosure. This shows an inherent flexibility in the courts of Ireland to utilise and dismiss the notion of good faith in a sensible manner and this is evident in the general application of good faith in Ireland. Again in Contracts for the sale of land the vendor of land is under a duty to disclose material matters relating to the title which are known to the vendor but which the purchaser has no means of discovering . The duty of good faith also exists in the following situations, the mortgagee’s exercise of a power of sale, in relation to the principles of equity governing fiduciaries, undue influence and unconscionable conduct and estoppel, including promissory estoppel and in the duty to refrain from making misrepresentations. More importantly it is suggested that in certain situations there exists a common law duty on the parties to a contract to co-operate in achieving the objects of the contract. Where the parties have agreed that something shall be done which cannot effectively be done unless both parties agree in doing it, there is an implied obligation on each party to do all that is necessary to be done on his or her part for the carrying out of the thing . This can be seen specifically in the case of Meehan v. Jones where performance of the contract was conditional on the purchaser receiving approval for finance on satisfactory terms. Wilson J considered that there was an obligation on the purchaser to make reasonable efforts to obtain finance on such terms, though we doubted that the purchaser was required to do more than act honestly in deciding whether to accept or reject an offer of finance. That approach to the situation gave effect to the expectations of the parties and achieved a fair and se nsible balance of their interests. Another important element of the concept of good faith is that that can be seen in the notion of fiduciary relationships. The principles of a fiduciary relationship require the disclosure of material matters and require the fiduciary to subordinate his or her interests to the legitimate interests of another by reason of the relationship which subsists between the two parties. It can of course be argued that the fiduciary principle is stronger than the good faith doctrine in that it gives primacy to the interests of the party to whom the fiduciary obligation is owed. The good faith doctrine is concerned with those who contract and are on an equal footing. The principle of good faith also finds ground in the doctrine of â€Å"unconscionable bargaining†, this is the situation where relief is granted when a transaction, is so unconscionable that it cannot be allowed to stand. The requirement is thus that there exists an unconscientious taking advantage of the serious disability or disadvantage of the person in the inferior bargaining position by procuring or retaining the benefit in question in a way that is both unreasonable and oppressive . . In Australia, unconscionability has been relied upon as a ground in relieving a purchaser from forfeiture of his equitable interest under a contract of sale pursuant to a notice making time of the essence of the contract leading to rescission of the contract . Once relief against forfeiture was available specific performance of the contract could be ordered. The purchaser had gone into possession under the contract and erected a house on the land but was unable to pay the balance of the purchase price on the due date. This approach was taken further in the case of an instalment contract for the sale of land under which the purchasers had been let into possession, though they were not entitled to possession until completion, and had built a house on the land . Again, the contract had been rescinded, this time for non-payment of an instalment. In this instance the majority likened a terms contract to a mortgage, the forfeiture provision being by way of security for the payment of the purchase price so that there was no need to establish unconscionable behaviour of an exceptional kind. In Australia, the emergence from the shadows of this ground of equitable relief has relegated the doctrine of undue influence to a position of relative unimportance. Unconscionability and undue influence overlap, the latter being more limited in scope, concerned as it is with the exercise by the contracting party of an independent and voluntary will. Perhaps the most important notion of good faith can be found in the law of restitution which transcends the traditional common law causes of action and equitable grounds for relief. General principles are being articulated and refined which may apply indifferently, whether the basis of the claim has its origins at common law or in equity. In Lipkin Gorman v. Karpnale Ltd , it was acknowledged that the underlying principle governing the recovery of money had and received at common law in restitution is unjust enrichment. Here again unconscionability underlies the claim for unjust enrichment and imports into contract law the notion of good faith. Good faith and fair dealing concepts are already substantially in place under English law, though not in contract negotiation. In that area, the application of specific good faith and fair dealing duties, based on the reasonable expectations of the parties, might advance the interests of justice. Furthermore, recognition of good faith and fair dealing concepts would bring greater coherence and unity to the varied array of principles which are presently available in the area of contract performance. Finally as Mason points out â€Å"the criticism of those doctrines may be no more than the reluctance to accept unconscionability as a basis for relief; in other words, the reluctance is in truth an objection to the application by courts of generalised concepts and standards instead of rigid rules† . As to whether or not there exists a future in English Law for the principle of good faith remains to be seen. There are underlying notions of the principle of good faith and it would se em that the sensible notion would be to codify this principle and make it generally applicable to all contractual dealings; it seems unlikely however that English Law is willing to accept such a principle. Bibliography Cases Aro Road and Land Vehicles Ltd v Insurance Corporation of Ireland [1986] IR 403 Bridgewater v. Leahy (1998) 194 C.L.R. 457 Carlish v. Salt [1906] 1 Ch. 335 Carter v. Boehm (1766) 3 Burr. 1905 Devonport Borough Council v. Robbins [1979] 1 N.Z.L.R. 1 Distillers Co. Bio-Chemicals (Aust) Pty. Ltd v. Ajax Insurance Co. Ltd (1974) 130 C.L.R. 1 Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd [1989] Q.B. 433 Louth v. Diprose(1992) 175 C.L.R. 621 Mackay v. Dick (1881) 6 App. Cas. 251 McInerney v. MacDonald (1992) 93 D.L.R. (4th) 415. Printing and Numerical Registering Co. v. Sampson (1875) L.R. 19 Eq. 462 Stern v. McArthur (1988) 165 C.L.R. 489. Journal Articles Denning LJ, (1991) The Role of Good Faith and Fair Dealing in Contract Law: a Hair-Shirt Philosophy? Finn, Statutes and the Common Law (1992) 22 U.W.A.L. Rev. 7 Mason A F, (2000), â€Å"Contract, Good Faith and Equitable Standards in Fair Dealing†, Law Quarterly Review 2000 116 66-94 Books Beatson J, (2002), â€Å"Anson’s Law of Contract†, Twenty Eighth Edition, Oxford University Press Denning LJ, (1991) The Role of Good Faith and Fair Dealing in Contract Law: a Hair-Shirt Philosophy? Elliot Quinn, ( 2003) â€Å"Contract Law†, Fourth Edition Forte A (ed), (2001), â€Å"Good Faith in Contract and Property Law†, Sweet and Maxwell McKendrick E, (2003), â€Å"Contract Law†, Fifth Edition, Palgrave McMilliam McKendrick E, (2003), Contract – Text and Materials, Oxford University Press Stone R, (2002), â€Å"The Law Of Contract†, Fifth Edition, Cavendish Publishing

Lao-tzu: Taoism and Moral Philosophy Essay

5. Structure of the Tao Yin: female slow dark night passive intuitive earth Yang: male fast bright day aggressive logical sky Yin and Yang are immortals they have a love/ have relationship each person has yin and yang 6. The wu-wei: non-action, respect to the flow of time, the art of waiting. Opposite of confusious Buddha Buddha is a spiritualist, a prince, gifted 1. Darhma (The teaching) -what is the meaning of human life? Dukkha: suffering, fight, struggle, competition – Why do we inflict upon ourselves unnecessary suffering? Tanha: egotism, selfishness, Trrisha: greed, addiction to pleasure Hudonism: seeking pleasure over pain. Seeking pleasure is a very sophisticated trap any addiction Is loss of freedom. You become a slave of your pleasure – What to do? Anatta: abstinence, restrained. No to any excessive pleasure. The art of no. – What is the goal? Anicca: liberation from addiction 2. The eight fold Noble Path: – Panna: wisdom 1. Understanding 2. Purpose – sila : conflict 3. Speech 4. Behavior Five moral rules: do not kill, steal, adultry, drugs, gossips Have consistancy in your morality, hypocracy corrupts you, don’t live a double life, fake identity Steps 1-5 are for normal people 6-8 are for monks or nuns. – Samadhi: Contemplation 6. Effort you control your body, physical needs, tell body when to sleep and eat 7. thoughtfulness control your emotions 8. Dhayana: deep meditation: control your mind. 3. Karma 3 types of karma * Sabija Karma: my birth karma. Born with culture in sould, reincarnation 4. Nirvana: Two kingdoms of reality Samsava: kingdom of pleasure, shallow Alaya Vijhara: The Kingdom of internal ideas, deep Nirvana: the state of eternal spiritual bliss Protageras: He was king of sophists in athens. Sophist: pofessional teacher 1. Panton anttropas metron : man is the measure of all things 2. Subjectivism: there is no objective truth, every truth is somebody’s truth, or has its face 3. Relativism: as many people as many truths, they are all equal. Accepting diversity 4. Pragmatism: truth has to be helpful, practical, useful 5. Conventionalism: truth is what we have agreed upon (sometimes silently) Ex: cultural expectations, gender roles 6. Conformism: truth of the majority has to be respected by the minorities 7. Tolerance: The truth of the minority has to be tolerated by the majority He reminds me of president obama because his ideas reflect democratic beliefs. Socrates: 1. Choti Seanton: Know Yourself. We humans are animals + Animals + psyche : ( soul) Care for your soul Soul = my self reflection We are reflective animals To reflect = to have knowledge ‘I know that I know nothing’ â€Å"a life unexamined is not worth living† 2. Epistemology (4 principles) Define the basic concepts as clear as you can, avoid misunderstandings Don’t be afraid of intellectual contradictions, diversity in opinions Socratic irony, don’t lose your sense of humor, don’t take yourself so seriously Only god knows the absolute truth, our human truth is limited Protageras: absolute truth doesn’t exist Socrates: absolute truth exits but only god knows 3. Moral Philosophy The essence of morality is to teach us arete: virtue, skills Perfect your skills, perectionism Its better to not be committed than to have a loose commitment Skills =knowledge Life-long education, ignorance is the mother of all evil 4. The idea of god God is the one, god is the absolute wisdom God is my moral vocation God is the voice of my conscience He believes in one god, god speaks to us from inside Find god through self reflection Plato Rich talented, student of socrates 1. Ontology What is the structure of reality? Being: essence deep form logical traditional moral spiritual eternal Becoming: surface, shallow, content, fashionable immoral material temporary What is the structure of being? Being consists of eidoses Eidos: spiritual form, intellectual bluepring , the law, the mold, the model Anything that exists physically has an eidos, it creates each specific physical ting Invention does not exist: discovery, before discovery eidos exists but its like a cold sun without rays The eidos of eidoses is goodness 2. Epistemelogy Levels:RealityKnowledge 1. Fake images illusions, kingdom of the stupid, wild imagination 2. Physcial things, kingdom of the everyday life, practical common sense 3. Low level idoses, kingdom of the professional, professional analytic mind 4. High eidoses, (love, justice, forgiveness) kingdom of the genius, the intellectual intuition of the genius 1 and 2 is becoming 3 and 4 is being 1 is artificial life, building a bubble around yourself 2. Practical things know how to take care of yourself 3. Professional knowledge become an expert in a subject need an analytical mind 4. Very few geniuses, best of the best, shakespeare, einstein, mozart. Have a gift from god or not, only males are geniuses, women are naturally born with common sens e and to become a genius you have to kill your common sense, every genius is a madman 3. Moral Philosophy To be moral means to have a arete: virture The fear of social change, social disorder, social chaos. Arete = not so much perfection but discipline, obedience, good organization, loyalty Plato supports closed social classes doesn’t like social mobility, caste system 4. Hates democracy. Problems are: phony promises of politicians, equal political rights for unequally educated people, excessive freedoms result is anarchy and tyranny he wants aristocratic republic Reminds me of hitler Aristotle Platos student 1. Ontology The kingdom of eidoses doesn’t exist, only nature does exist. Nature is a sum total of physical things Every physical thing consists of hyle: body, matter and telos: form Telos not so much outer form but an inner form the potential of the thing its prgram Dna ex: potential of talent God is the telos of nature when you die your telos dies god and nature coexist eternally 2. Eistemology Using observation and experimentation collect all relevant facts, using analysis, find out the laws of those facts, using logic, combine these laws into a comprehensive theory Scientific theory ^^ 3. Moral Philosophy Nicomachagu Ethics : Eudaimonia: noble destiny, fulfilling duty Sophro syhe: moderation Have good taste keep the mean, be a gentleman Fulfill your telos he believes all of us have gifts a duty to fulfill your gift, work hard we each have gifts to different degrees Don’t betray yourself (lie, cheat). Every betrayal starts as self betrayal you destroy yourself and then destroy everyone around you Honesty and integrity Obstacles: don’t underestimate them but don’t overestimate them Pleasure: not the goal of your activity but a by product Build your character its better to be always bad then unpridictable either be always bad or always bood Friendship: be a good loyal friend 4. Political Philosophy Democracy is the best regime Democracy is the power of middle class The middle class is the foundation of the healthy society.

Hockey Sticks

The hockey stick, the most basic piece of equipment, is also the most confounding. While other pieces of gear either fit or don’t fit, the stick defies such a simple categorization. It’s more like buying a pizza. Size is the easy part—options are where things get tricky. Stick technology has come along way from the days when players found a nice piece of hickory and started whittling. Sticks today come in a number of materials that in themselves can be overwhelming. These range from wooden shafts with ABS plastic blades, to traditional wood and fiberglass, to full Kevlar and Carbon Fiber. Prices can vary by a factor of ten, with a very simple stick costing around $20 and top end exotics surpassing the $200 mark. Today’s stick market has as much variety as the grocery store’s breakfast isle. The three main kinds of sticks are: Wooden Sticks, Two-piece sticks and blades, One-piece composite sticks The Wooden Stick The wooden stick has been around since the inception of hockey. Despite the many improvements in this most basic piece of hockey gear, there are still a few NHL pros using wood sticks. Still the numbers are dwindling from about half the league using wood several years ago, to just a handful now. Another reason some players still prefer wood might be feel. One thing that technology hasn’t improved is the feel. If you cannot catch a pass, or stickhandle through the defense, there isn’t much point in being able to shoot an extra ten miles per hour. Many Pros are now using a composite shaft with a wood blade as a compromise between the best of both worlds. Beyond the obvious issue of having the plainest stick in the locker room, the negative of a wood stick is simple durability. Even if you are like me and don’t break many sticks, wood will wear out. Shooting the puck hard requires flexing the shaft and getting a good pop, almost like a bow releasing an arrow. The fibers in wooden sticks break down fairly quickly and the spring that you need in releasing a shot gets weaker. Wooden sticks are the smartest choice for beginning players. The cost of a composite stick balanced against the minimal gain a beginner might get doesn’t make sense. Until beginners learn to shoot, poke check and stick handle and stand up on skates adequately; there isn’t much point in spending big bucks on a composite stick. Trust me; no one looks any less silly falling down with a $200 stick than they do with a $20 stick. Two-piece Shafts and Blades Two-piece sticks have been around for a while. The blade and shaft, sold separately, are hot-glued together with a heat gun. Originally making its debut in the medium of aluminum, the two-piece shaft is now available in such exotic materials as Carbon Fiber, Graphite and Kevlar. Some lower priced shafts are pure fiberglass making them heavier and more prone to breakage. Aluminum shafts lasted almost forever and are still a favorite of many players who own one, but they are almost impossible to find. The advantages in a two-piece stick are lighter weight, more consistent performance and longevity. The type of a blade selected can change the weight somewhat, but it will generally weigh less than a wooden stick. This translates into slightly quicker stick handling for the player. One downside to buying a two-piece is the cost. Even an inexpensive shaft and blade will cost twice what a wooden stick goes for. Realistically, the cheapest shaft on the market will cost about $40 and a low-end blade for it about $25. More likely you will spend over $150 to get a two-piece stick of decent quality. However, since the largest numbers of breakages in sticks occur at the blade, the two-piece is an attractive option after the initial investment. Two-piece shafts and blades are interchangeable between brands. Junior and Senior are the two basic blade sizes. The shafts come in Junior, Senior and Intermediate sizes with intermediate shafts accepting senior blades. Tapered two-piece sticks are typically the top performing two-piece sticks and priced accordingly. The Modern One Piece Sticks The term one-piece stick used to simply refer to a wooden stick that wasn’t broken. Now it refers to the expensive, featherweight, composite jobs that would make NASA proud. (The price tags are starting to get into the NASA range too). The one-piece stick is the newest of stick options. Easton’s very popular Synergy started the craze and remains among the most popular choices today. The one-piece is the lightest of the three basic choices available, and widely considered the top performer as well. A one-piece stick will have a very nice, almost weightless feel to it when even the casual player picks it up. The one-piece is made of carbon fiber or Kevlar. One-piece sticks are probably the most hyped up piece of hockey equipment today. Every brand seems to have their own unique design, from holes in the shaft, to a spine on the blade like a two-piece; the one piece is a durable, high performance choice. The one-piece will give most players many months of quality play. There is little argument that a good player will notice a more powerful shot with a one-piece stick. So perhaps the biggest downside to the one-piece stick is their position as the most expensive option. The price of a one-piece is generally comparable to that of a two-piece initially but does top out much higher. Not only is the initial investment sometimes higher, but in order to keep that same high level of performance, players will need to buy a new stick every time they break one. As you can see there are a variety of sticks to choose from and not every person will like the same stick. Even with all this information I just gave to you, it still might be hard for you to choose one that you will like. It's not something your friend can help you pick out because it's more of your opinion and how it feels in your hands. Hockey is a sport where the gear and theme of the game are both independent, the help of others is useful but at the end of the day, it’s on your shoulders; it’s your choice that makes the final decision.

To what extent was the King liable for bringing down the Con essays

To what extent was the King liable for bringing down the Con essays Louis personality had many faults that hindered his ability to rule as King. The main fault was his firm morals and beliefs, especially in absolutism which meant that he was firmly pitted against the revolution from the start. Without a cooperative monarch, the monarchy is always going to be in jeopardy if the people want reform or revolution. Another of the Louis faults was that he was easy manipulated by his ministers, and he often took advice from the wrong people. There were many people who were pro-monarchy such as Calonne, but he insisted on taking advice from his wife and from other ministers. He had the goal of winning the battle with the people. This caused him to disregard the 3rd Estate from the very beginning, increasing the discontent among them, which was not desirable for the king, since it was these people that brought down the Constitutional Monarchy. To start with, the king only called the meeting of the Estates-General when he was forced faced with increasing debts and an angry working class. At the first meeting, cahiers were drawn up with a list of grievances to the king, but they were largely ignored, making the people feel that they could no longer begin to put all their faith in him. He insulted the 3rd Estate on the first day, which set him up as being the enemy of France. At meetings, they di d not sit unlike the other estates, and they also had to wear dull suits, unlike the other two estates. Over time, the 3rd Estate had begun to be fed up with the King. The Kings inability to realize that putting himself firmly against this share of power with the people would cause him to be overthrown in the long term. Locking out the 3rd estate, forcing them into a nearby indoor tennis court could have been interpreted by people as symbolizing the King against France. The 3rd Estate liked to think of themselves as France, since they made up most of the population. Due t...

Public Hangings essays

Public Hangings essays Capital punishment seemed to have been regenerated from the beginning of mankind, where beheading was considered an honorable method of meeting death, whereas hanging carried with it a definite stigma. The era of public hanging was emotionally satisfying even though the surroundings was emotionally tense. In contrast to private hangings where they were fewer observers, less theatrical from the accuse and hanging was becoming more of an inhuman punishment to inflict on those found guilty of their crime. Both forms of hangings were though to be an effective way of preventing individuals from committing a crime. Capital punishment seemed morally acceptable, to the public and there were individuals who were willing to carry out the execution. From the books; "...Hang By the Neck...", Hanging in the Balance and The trail of the Dinosaur, gives descriptions of public and private hangings, the responsibilities of the hangman and the general reaction of the public, who were for and againts hangings. In the days of public hangings, gallows or scaffolds were rather crude contraptions. Early contraptions consisted of two post in the ground, with a cross-piece between them from which the victim swung. As the years passed by a second contraption was invented, a single stout post with a timber nailed at a right angle at the top, with supporting boards attached. A third contraption was made which was a platform erected nine or more feet from the ground, in the middle of which was a trap door which swung upon hinges. This latest invention was commonly used towards the end of public hangings. In private hangings the same contraption was used, but the individual were taken down a lot quicker, for their was no need to display the executed to curious observer. Public executions were grim and was a disgusting spectacle to the accuses family and close friends, but for most individuals it was a time to rejoice and to celebrate. Whe...

Critical evaluation of financial markets Essay Example | Topics and Well Written Essays - 4750 words

Critical evaluation of financial markets - Essay Example As stated by Bolbol & Omran (2003) in their paper on stock market emergence in Arab countries, a change in the technology and output mix of the indigenous industries will require the stock markets to allocate the resources to the industries more efficiently. This is because stock market activities provide an effective way to check the performance of the new firms in the event of any opinion divergence in the manner it is managed. At present in the Arab countries there are stock exchanges in Egypt, Algeria, Jordan, Morocco, Lebanon, Tunisia, Sudan, Dubai, Bahrain Abu Dhabi, Oman, Qatar, Kuwait and Saudi Arabia. Among these countries it is said that the Arab stock markets are dominated by five countries in terms of active and large markets- Jordan, Egypt, Saudi Arabia, Morocco and Tunisia. On 3 June 2006 a resolution was passed in Libya which paved the way for the creation of the Libyan stock market, set up as â€Å"Syarika Musahima† with capital strength of LD20 million split i nto 2 million shares of 10LD per share. The headquarters as per Article 2 of the resolution was decided to be Tripoli with main branch to be set up in Benghazi. Levine & Zervos (1996) used a dataset of 47 nations for the period 1976 to 1993 to highlight that the stock market liquidity is an important predictor of real per capita gross GDP growth, physical growth in capital and growth rate in productivity. This highlights the importance of the establishment of Libyan Stock Market for the authorities in Libya1 The banking system in the country comprises four major banks which are either fully owned or in majority ownership of the Libyan Central Bank. This list of banks includes Wahda bank, Jamahiriya Bank, Umma Bank, Sahara Bank and National Commercial Bank. These banks comprise nearly 90 percent of the assets related to the Libyan banking sector. All these banks have capital strength of minimum 100 million Libyan Dinars with the two of these banks on the verge of privatisation. The f inance availability in the local market is frugal. The Libyan banks provide limited number of financial products, loans are granted based on personal rapport and the managers of the public banks do not seem to have any incentives in portfolio expansion. Scarcity of financing is a major deterrent in local development impeding the completion of the projects and the initiation of new projects. Presently the banking system in the country is undergoing a modernisation program to improve the existing products or services, handling of non-performing assets, promotion of the use of payments in modes other than cash and establishment of new accounting standards2 Reforms in Libyan Financial Sector The Libyan government is jointly working with reputed international organisations to facilitate improved transparency in the financial sector, chalking out plans to bring in international credit rating agencies in the country to evaluate the domestic financial instruments and the recently

Management Factors of Professional Success Assignment

Management Factors of Professional Success - Assignment Example A leader who shows no concern over the company’s performance will lead to its failure since almost all employees will follow his path and attitudes. On the other hand, a leader who shows concern will replicate similar traits and attributes among the employees. Though leaders have different styles of leadership, their activities immensely affect the operations of the organization. For instance, treating the employees nicely in anniversaries, taking them occasionally for lunch shows that one appreciates the work of the employees and how significant they are to the success of the organization. In essence, this shows that the manager or the leader values the employees (Daft 418). On the other hand, whenever the leaders delegate duties and decision making responsibilities to the employees, it shows that the leader believes in them. Therefore, the employees will have the autonomy to make decisions on how to accomplish the company’s objectives (Daft 419). It is, therefore, essential to note that the traits, activities, and decisions of the top leaders have an impact on the activities that take place in an organization.The statement â€Å"high versus low-quality leadership has a bigger impact on a firm’s performance than business en vironment† is mostly false. The situational variables within the environment perform differently according to the styles of leadership employed by the leader. For instance, the personnel in an organization have varying performance levels as according to the different leadership styles (Daft 418-420). For instance, individuals with low task readiness and skills will require a different leadership style than that of the highly skilled and competent employees. Employs with low skills and work readiness will highly depend on a directive leadership style where they will be given guidelines and direction on how to accomplish tasks and responsibilities within the organization. With this approach, the company’s performance will be solely depended on the leadership style. In this case, the leader explains decisions and issues the workers with a chance to ask questions and attain clarity on comprehending their responsibilities. On the other hand, competent and skilled workers mak e the leadership style insignificant or redundant. This is because these employees know how to perform their tasks and do not require a leader who initiates structure or who directs them on what to do.