Friday, November 29, 2019

Merck Swot Analysis Stakeholder Evaluation free essay sample

Merck and Company, Inc. : SWOT Analysis and Stakeholder Evaluation Merck and Company, Inc. , a. k. a. Merck, is a leading worldwide pharmaceutical company that engages in manufacturing and marketing medicines, animal products, vaccines, and consumer health products. As most companies, Merck desires to continue their success as one of the top health care innovators in the world. Conducting a SWOT analysis can give them insight into internal strengths and weaknesses as well as external opportunities and threats. By way of the analysis, the company can obtain a clearer understanding of where it needs to improve and grow, and anticipate future threats to react effectively. Further, this valuable information is used by managers within the organization to satisfy needs of stakeholders as well as provide investors with sound information to help make informed decisions regarding their willingness to invest in the company. Ranking as the second largest healthcare company in the world, after the merger with Schering-Plough, Merck has set the standard for what it means to be an industry leader. We will write a custom essay sample on Merck Swot Analysis Stakeholder Evaluation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Deriving from their company website, their vision is to â€Å"make a difference in the lives of people globally through†¦innovative medicines, vaccines, and consumer health and animal products† (â€Å"The New Merck,† 2010). Merck’s mission is to create distinctive products and services that will save and improve lives and satisfy customer needs. They seek to gain recognition as possessing an exceptional working environment, and offer investors a superior rate of return (â€Å"The New Merck,† 2010). Finally, they stand for â€Å"excellence in science and healthcare innovation, with an emphasis on addressing unmet medical needs; focus[ing] on patients and anticipating customers’ needs; and commitment to expand access to [their] medicines and vaccines, and to improve global health† (â€Å"The New Merck,† 2010). A SWOT analysis is a useful tool to stay committed to the vision and mission prescribed above. This analysis evaluates an organizations strengths, weaknesses, opportunities, and threats as it pertains to a specific objective. Strengths and weaknesses are typically internal factors which are more easily fixed, whereas opportunities and threats are external factors that cannot always be anticipated (Robbins Judge, 2011, p. 183). Conducting a SWOT analysis on Merck will shed light on its position within the pharmaceutical manufacturing industry. After the merger with Schering-Plough in November 2009, Merck became the second largest drug manufacturing company in the world generating $45,987. 00 million in revenue for December 31, 2010 fiscal year, according to Business Company database. The merger also expands Merck’s product portfolio, including areas of research and development in which Merck is lacking (â€Å"Merck and Schering-Plough mega-merger will create a company greater than the sum of its parts,† 2009). Gains in sales growth will occur with its new product launches such as Cozaar and Hyzaar for cardiovascular treatment, Dulera for respiratory therapy, and Simponi as an immunology drug. In addition, Merck’s already active product line such as Januvia for diabetes, Gardasil for the human papillomavirus, and Isentress for HIV will also add to Merck’s long-term sales growth (Hoover’s Inc. 2011). According to Hoover’s Inc. in-depth analysis of Merck Co. Inc. , â€Å"The acquisition of Schering enables Merck to potentially achieve $3. 5 billion in annual cost-saving synergies by 2011† (Hoover’s Inc. , 2011). Merck has also decided to expand its market outreach to India, and hope to encompass other countrie s such as China, South Korea, Russia, Brazil, Mexico, and Turkey. By expanding to global emerging markets, Merck can expect to obtain a growth in pharmaceutical sales over the next few years (â€Å"Closing the Gap,† 2010). With an immense competitive environment success is not without its drawbacks. Merck was forced to pull their blockbuster arthritis medication, Vioxx, off the market because of its high risk to stroke or heart attack after continued use. Merck spent millions of dollars on the marketing campaign for Vioxx, which paid off in its $2. 5 billion worldwide sale, all of which is at a loss to the company now (Gorman Kher, 2004). In 2012, Merck stands to lose patents on popular asthma medication, Singulair, which accounts for 10% of the combined sales of Merck and Schering-Plough (Hoover’s Inc. 2011). Finally, competition over generic products will hurt sales for Merck’s brand named products (Hoover’s Inc. , 2011). Competition with pharmaceutical company Pfizer will create looming threats toward Merck. Pfizer recently merged with Wyeth making them largest pharmaceutical company. This merger allowed Pfizer to gain a new product line and increase sales (Marino, 2009). Merck will need to be more vigilant in creating new products; however, they also must worry about the FDA approval on new products. Finally, government regulation on product pricing can affect Merck ecause it forces them reduce prices (Hoover’s Inc. , 2011). To better meet the needs of stakeholders, the company must understand its pros and cons, and conducting the SWOT analysis sheds light on those pros and cons. Stakeholders are entitled to know what is going on within the business because choices that the business makes effects stakeholders and vice versa. For example, suppliers of an organization share a common interest in the growth and prosperity of the organization their supplying to because they stand to gain or lose business from them. Therefore, it is the responsibility of the organization to meet the needs of the suppliers by making sound business decisions to increase the growth of the organization. Merck identifies five stakeholders for which it needs to satisfy, who are customers, employees, shareholders, community and society, and suppliers. According to â€Å"Code of Conduct,† 2011, customers include patients, consumers, health care professionals, health care organizations, government agencies, wholesalers, and distributors. The wants and needs of customers are generally quality products and services, and to be treated with the integrity by having the customers best interest at heart. Information regarding products and services should be clear and informative, and by no means ambiguous. Merck maintains that â€Å"Information furnished to our customers about our products and services, including the availability and delivery, must be useful, accurate, supported by scientific evidence where relevant and presented honestly, fairly and by proper means† (â€Å"Code of Conduct,† 2011, p. 7). Merck believes in fair competition and tries to keep prices of products and services at a competitive rate. They do not believe distorting the image of their competitor products (â€Å"Code of Conduct,† 2011, p. 8). Although Merck follows a specific code of conduct, it is impossible to please every customer. The drug Vioxx had to be pulled off the market because of unforeseen side effects. Merck should have disclosed every side effect clearly to its customers as prescribed by their code of conduct; however, it did not happen in reality. Anyone who took the drug for more than 18 months had doubled the risk of stroke or heart attack. In an effort to correct their mistake, Merck pulled the drug off the market (Gormon Kher, 2004). An employees needs are fair compensation, a safe work environment, and fair treatment. Merck believes that compensation is based on the employees’ merit, experience, and other work-related criteria. They seek to gain a diverse workforce recruiting those from a variety of different backgrounds. By complying with safety and health regulations, and keeping their businesses up to code, Merck provides a safe working environment for employees. When accidents occur, they follow through with appropriate channels alleviate the situation. Merck follows an open communication policy among employees to encourage them to speak freely and voice opinions. They respect the rights of colleagues and realize employees will disagree. They wish to promote an environment open communication; however, each employee must be willing to â€Å"agree to disagree† (â€Å"Code of Conduct,† 2011, p. 16). Shareholders invest money into organizations in hopes of more valuable returns. Shareholders also have the power to make decisions within the company. Balancing the needs of shareholders and the company can be difficult. Merck makes decisions in the best interest of the company, and avoids conflicts of interest; however, shareholders are not always satisfied. For example, Merck’s decision to pull Vioxx off the market had a significant impact on shareholder investments, and also led to lawsuits against Merck further forcing them to make payouts to investors (Holland, 2009). Merck is focused on helping organizations that benefit society. Through the Merck Company Foundation, Merck â€Å"donates products and other in-kind services to qualified organizations and programs that address the needs of society†¦Ã¢â‚¬  (â€Å"Code of Conduct,† 2011, p. 27). They also believe it is their responsibility to protect the environment in any country they are in. In an effort to handle their products in the most environmentally responsible way, Merck provides their consumers with information to educate them on proper disposal methods and rules and regulations that must be abided (â€Å"Code of Conduct,† 2011, p. 28). In addition, they advocate for the welfare of animals, and plan studies that limit the amount of research conducted on animals wherever possible (â€Å"Code of Conduct,† 2011, p. 29). As a mutual fund manager, the decision on whether to invest in Merck Co. , Inc. is a difficult decision. Weighing the pros and cons from the SWOT analysis can help make decisions easier. Merck has benefited people throughout the world with products that have saved lives. Ongoing research and development will create newer medicines and vaccines that will continue to help people in years to come. They have experienced drawbacks through patent losses, and have come across litigation issues that negatively affected Merck; however, it did not ruin their reputation as one of leading pharmaceutical marketing and manufacturing companies in the world. Their values are incorporated in every aspect of business such meeting the needs of their customers, employees, shareholders, and community. Merging with the Pfizer Plough strengthened their hold in the pharmaceutical industry by adding a new product portfolio that will add to areas of research and development in which Merck is lacking. In addition, Pfizer Plough’s products add to Merck’s sales and increases profits each year. The potential for Merck to grow within the pharmaceutical industry is high; therefore, investing would be a good business decision. Why not be a part of a company who has a corporate responsibility of â€Å"Helping the World Be Well? † References Closing the gap. (2010). Country Monitor, 18(44), 5. Retrieved from EBSCOhost. Gormon, C. , Kher. U. (2004). A Painful Mistake. Time Inernational (Canada Edition), 164(15), 30. Retrieved from EBSCOhost. Holland, J. (2009, December 3). Court hears arguments in Mercks Vioxx appeal. Buffalo Law Journal. p. 11. Retrieved from EBSCOhost.. Hoover’s Inc. (2011, August 17). Merck Co. , Inc. Hoover’s Company Records – In – Depth Records. Retrieved August 19, 2011 from Hoover’s Academic database. Marino, J. (2009). Big Pharma’s Mid-Market Influence. Mergers Acquisitions Report, 22(18), 12. Retrieved from EBSCOhost. Merck. (2011). The new merck. Retrieved from http://www. merck. com/about/home. html Merck. 2011). Code of conduct: Our values and standards. Retrieved from http://www. merck. com/about/code_of_conduct. pdf Merck and Company, Inc. Company Profile. d. n. DC305661. Retrieved August 19, 2011 from Business Company database. Merck and Schering-Plough mega-merger will create a company greater than the sum of its parts. (2009). PharmaWatch: Monthly Review, 8(4), 25-27. Retreived from EBSCOhost. Robbins, S. P. , Judge, T. A. (2011). Organizational Behavior (14th ed. ). Upper Saddle River, NJ: Prentice Hall, 176-199.

Monday, November 25, 2019

Free Essays on Lockes Doctrine Of Consent

Locke Paper Locke states that no man can be â€Å"subjected to the political power of another, without his consent† (VIII 95) and â€Å"consent makes any one a member of a commonwealth.† By giving their consent, citizens assign special power to the commonwealth, as well as generate and place moral status on their membership in that state. The citizen is thus obligated by his own accord to a government that is legitimized through expressed consent. This obligation also constitutes citizens obligations to the laws set forth by the government. In this sense, the government derives its authority to enforce laws based on an agreement with its citizens on the soundness of the laws insofar as they are in agreement with Natural Law itself. The government’s authority is necessary because â€Å"men being to partial themselves, passion and revenge is very apt to carry them too far, and with too much heat, in their own cases.† (IX 125) Locke’s doctrine of consent is based heavily on his confidence in the moral aptitude of individuals who retain their self-interest amidst cooperation. If certain natural rights are violated, individuals return to the state of nature and may exercise their natural entitlement to protect themselves. When such conflict arises, it is very possible that individuals would, at the very least, initiate some form of civil disobedience, or claim they consent to no government as an anarchist. Through enacting a form of civil disobedience, the citizen makes public a grievance with the government, and more precisely, breaks the law that is directly being challenged. In terms of Locke’s emphasis on consent, while those who break the law challenge the authority of the government as it has broken from natural law itself. However, by breaking only the law that was felt unjust, the individual affirms both the sovereignty of the state by not making revolutionary threats and at the same time gives his consent by goin... Free Essays on Locke's Doctrine Of Consent Free Essays on Locke's Doctrine Of Consent Locke Paper Locke states that no man can be â€Å"subjected to the political power of another, without his consent† (VIII 95) and â€Å"consent makes any one a member of a commonwealth.† By giving their consent, citizens assign special power to the commonwealth, as well as generate and place moral status on their membership in that state. The citizen is thus obligated by his own accord to a government that is legitimized through expressed consent. This obligation also constitutes citizens obligations to the laws set forth by the government. In this sense, the government derives its authority to enforce laws based on an agreement with its citizens on the soundness of the laws insofar as they are in agreement with Natural Law itself. The government’s authority is necessary because â€Å"men being to partial themselves, passion and revenge is very apt to carry them too far, and with too much heat, in their own cases.† (IX 125) Locke’s doctrine of consent is based heavily on his confidence in the moral aptitude of individuals who retain their self-interest amidst cooperation. If certain natural rights are violated, individuals return to the state of nature and may exercise their natural entitlement to protect themselves. When such conflict arises, it is very possible that individuals would, at the very least, initiate some form of civil disobedience, or claim they consent to no government as an anarchist. Through enacting a form of civil disobedience, the citizen makes public a grievance with the government, and more precisely, breaks the law that is directly being challenged. In terms of Locke’s emphasis on consent, while those who break the law challenge the authority of the government as it has broken from natural law itself. However, by breaking only the law that was felt unjust, the individual affirms both the sovereignty of the state by not making revolutionary threats and at the same time gives his consent by goin...

Thursday, November 21, 2019

How educational institution affect the impact you have on our Essay

How educational institution affect the impact you have on our society(for urban sociology) - Essay Example Education results in evolution of a human beings as education adds to society and society can be seen as a mechanism which enables humanity to adapt to its environment, to survive and to reproduce (Parsons: 1959). Urban sociology explains two functions of modern educational systems which are socialization and selection. In socialization the process of passing skills on to the coming new generations is conceptualized which allows individuals to fulfill tasks in an occupation and as a citizen. The allocation of students to occupational positions matching their abilities and interests is served by selection. The structure of the school class is ideally suitable for fulfilling these tasks by modeling the process of qualification and modification. This is proved by comparing the social structure of the family and the school and also by elucidating the corresponding norms and values. In a family each member occupies a unique status thus a family represents a particularistic institution whe reas school is seen as a universalistic social system where students are treated equally and all the differences if present are due to the universalistic norms of achievement. This equality has to be established in the educational institutions so that the purpose for which the educational institutions are meant could be fulfilled in the real sense. ... The effects of differences between financial statuses of students studying at the same place and in the same environment are far deeper than the other scenario i.e. the case of difference in schools and systems. It is a common observation that in a school where fees are high and education is more expensive, some students manage to get into them on the basis of certain scholarships, outreach and fellowship programs. In such cases the scholarship money covers the educational expenditure of the students i.e. books and academic fees, but when it comes to extra-curricular activities and the way of living a difference is always present between the rich and poor. This difference also arises when a co-curricular activity require extra funds. Such differences have very adverse effects on the society. As the educational systems serve as the medium for formulating the mindset of individuals and developing the personality, differences based on financial status have very deep impacts on the socia l structure as a whole. The most important effect which needs special consideration is the sense of being ignored. In such scenarios the developments of negative sentiments for a certain class of a society develops which ultimately results in social divide and sometimes can be as detrimental as turning of an individual into a terrorist. Considering the split between official ideologies of achievement based on upward mobility and actual rules for social reproduction, the students with the correct cultural habits and who also belong to the families with strong financial backgrounds have greater opportunities. This privileged position is sometimes reproduced via school system. This results in the absence of the real process of development and achievement based on social

Wednesday, November 20, 2019

Discrimination Against Obese People In Their Workplace Essay

Discrimination Against Obese People In Their Workplace - Essay Example   The work place is one of the social set up that brings people of different cultural backgrounds together. This makes it one of the complete replicas of the society which appreciates socio-cultural diversity. The overriding debate on obesity is an issue of wide media coverage and this makes it admissible even in the workplace as parents and couples make efforts to contain it. It is in this respect that those who happen to be obese are seen as abnormal and face unfavorable consideration for job position in the labor market. This is attributed to many factors that range from the company policy to the type of business dealt in. One fundamental requirement in any workplace is clean bill of physical health. This captures many factors including average body weight for flexible movement and swift response towards discharge of various duties in the office. The currently demanding global business that is operating under competitive pressure has redefined even the type of human capital fitn ess description which has all of a sudden taken physical wellbeing as a pivotal player in employee performance. With this idea, the Human resource management has over time developed the negative attitude towards overweight people with fear of future underperformance from other health-related challenges associated with obesity which will cost the organization in terms of money and time. On this ground, the managers opt to absorb them as second best alternative if the other preferable group is not attainable.   This has actually amounted to social injustice for the obese in the society (Newman, 2010). The image of the firm is a very important factor in management concepts and this constitute the entire organization framework extending to presentable employees. Most firms are preaching slim body that promotes appearance and pose. This is an idea that has greatly influenced the problem the obese people have in the organization. It is not hard to find some organizations posting weight limit as a requisite requirement for some employment opportunities (Hegar, 2012). This is an outright elimination of the obese people who may have the skills but beat the weight threshold, an idea that presents the best example of the discrimination that this group faces in the job market. The most psychologically torturing situation is when one is already absorbed in the job where he/she will face various

Monday, November 18, 2019

Response Assignment Example | Topics and Well Written Essays - 250 words

Response - Assignment Example It integrates natural systems with human patterns and preserve continuity and uniqueness. 2.   Equity  Ã‚  which means equality between gender and income. Their target point is to minimize gender inequality and empower women as well as setting human rights.   Last year’s report was also emphasizing the importance of sustainability, equity and empowerment. However most of the countries that United Nations is helping were not accomplished to promote these indicators mutually at equal level.  The progress has been made this year to analyze how the poor and disadvantaged ones are affected and how important the equity issue as a part of solution. The main goal is to understand the close relation of sustainability and equity in order to get the most out of it for the benefit of human beings.   I think by setting the Millennium Development Goals for the year 2015. United Nation’s Development program will made a huge progress in the key indicators of well being.   F or example Electrifying Afghanistan making progress on micro-hydro-power projects that are bringing much needed electricity to rural parts of the country.  Ã‚  Or a clean water access in Vanutu are some of the examples of sustainability done by United Nations.

Saturday, November 16, 2019

International Construction Contracts and Dispute Resolution

International Construction Contracts and Dispute Resolution Discuss the distinction between the role of the Engineer as an agent of the Employer and the Engineer as independent of the Employer. Discuss also whether the distinction is useful, and whether and where (and why) it might be abandoned or retained. In addition, consider and list the provisions in the FIDIC Conditions (Red Book) (1999 ed.) whereby the Engineer performs functions as: Agent of the Employer; and/or Independently of the Employer   The employer in a project is not an expert in the field of construction. The employer is one who only knows business thus, he needs someone with expert knowledge in the field to help him implement his project successfully. It is at this juncture the engineer comes into the scene who has the expert knowledge and helps the employer implement his project. He is employed by the employer and works for the employer in many different roles. As Dr Donald Charrett list out a series of thirteen roles that the engineer has to play, we can see that the engineers role comes into play much before the construction starts. Here it is the role that he plays after the contractor is appointed and the construction starts, we will see the multiplicity and conflict in his role as an engineer. The role that will be at focus in the essay, in broad terms is his role as an agent of the employer and as a decision maker. The essay will try to differentiate and discuss the roles in which the Engineer acts as an agent of the employer and roles where he acts independently from the employer. We will do this by looking out first as to how the concept of todays Engineer as an agent of the employer had developed and then discuss the different FIDIC condition that define and differentiate the role of the engineer. In the next part the discussion will focus on the independence of the engineer and will define the roles where the employer acts as an agent of the employer and where he is independent of the employer. I will deal with the provision of FICID not as a separate part, rather will list and discuss it with the first part of the question. At this stage I find it pertinent to first discuss who the engineer is according to FIDIC. The definition of an engineer can be found in sub clause 1.1.2.4 of red and yellow book: Engineer means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4. This doesnt explain what the engineer job or role is as it has been dealt with by FICID under different sub-clauses under clause three. In a nut shell the Engineer is a individual whose role can be said to the project manager where he has to implement different aspect of the contract. In sub-clause 1.1.2.6 of red and yellow book the engineer is stated to be an employers personal. Sub-clause 1.1.2.6 stated: Employers personnel means the engineers, the assistant referred to in sub-clause 3.2 and all other staffs, labour and other employees of the engineer and of the employer; and any other personnel notified to the contractor, by the employer or the engineer, as the employers personnel. Looking at both the definition clause it becomes clear that the engineer is one who is appointed by the employer and is considered as employer personnel. One thing that come out clear from the definition clause is that the Engineer is always an employee of the Employer. The gives rise to the question, if the engineer can be independent at any circumstance though the contract or at the least be fair and impartial. The Engineer has multiple role to play which are related to the contract and some of his role as the Engineer starts much before the contractor is appointed. The Engineer was brought into the picture by the employer much before the contractor is appointed. The Engineer is brought in at the initiation stage as he is required to multiple works like assessing the design, advising on the contractor to the employer and sometime vet the projects viability to third party financer. With so many roles relating to the employer, can the engineer be expected to be independent. Historically it depended on the term of a contract to decide if the engineer was independent of the employer or not. In Ranger v Great Western Railway Co[1]the court by interpreting the contract found that the engineer was never independent and his decision were therefore the decision of the company. Whereas in in In re De Morgan, Snell Co. and Rio De Janeiro Flour Milling Co.[2], the chief engineer and the resident engineer were found to be independent from the employer. The basis was that where the engineer had autocratic control over the work and had the power to issue final and binding decision, was considered to be independent from both the contracting parties.[3] The courts saw this authority as a conflict of interest hence, applied very strict standard to the way engineers executed his authority and power.[4] This resulted in a change in The way the Engineer was related to the employer. The way the Engineer was related to the employer moved to a more modern form of the relationship we see today, where the Engineer mostly stands as an agent of the employer. The authority, duty and obligation ware still derived from a contract and this resulted in courts taking a stricter stance on the role of an engineer.   The courts have always imposed stricter and higher standard on the functioning of The Engineer. In cases where the contract engineer was the agent of the employer, the parties to the contract enter into the contract stating that the engineer has to undertake number of duties for the implementation of the project. Courts have mostly held that the engineer in case of absence of any words to the contrary in the contract is expected to act fairly in case of his role as a decision maker. Mc Farlan J in the case of Perini corporation v Commonwealth of Australia[5] had stated that, during the performance of all the duties under the contract the engineer will remain an employee of the government(Employer). Even during the discharge of his duty as a decision maker he continues to be the employee of the government, but he is still expected to act fairly and justly with skills towards both parties to the contract. In the modern form, we see that the engineer became an agent of the employer in his different roles under the contract, but he was still expected to act as an independent person should work, who must be fair, impartial and honest towards both the parties when acting in his role as a decision-maker under the traditional system. But the industry moved on from the independent form of the Engineer and the system of impartial Engineer as a decision-maker was adopted. The concept of an impartial engineer was incorporated in the modern form of contractual provision for construction contracts (FIDIC). 3.1 Fidic On The Role Of An Engineer The engineer under the old FIDIC red book was expected to act impartially. As was stated under sub-clause 2.6: (d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor, he shall exercise such discretion impartially within the. The incorporation and requirement of the impartiality of the Engineer was because of the realisation of the fact that there will always be a doubt on the impartiality. The presence of the doubt is because of the presence of conflict of interest as the Engineer is now the agent of the employer. Then over a period of time it was realised that the expectation of impartiality cannot be also confirmed. So there was again a change occurred from the requirement of being impartial to being fair. According to Ola Ø. Nisja the concept of fairness developed through case law in the common-law system as the engineer was expected to be a person with professional ethics and you can expect from him to be a fair decision maker. Ola Ø. Nisja   also states that the concept of a fair decision maker was not in common practice till the FIDIC form included it in their standard form of contract. Hence in the 1999 edition of FIDIC red book and yellow book the concept has been replaced with the concept of fairness with word fairly under clause 3.5 and the concept of impartiality wasdone away with. The reason being there will always be doubt on the impartiality of the engineer and that can be easily removed from the contract by words that can negate the expectation of impartiality. The thought has been made apparent by Lord Hoffmann in Balfour Beatty Civil Engineering Ltd v Docklands Light Railway[6] where he has stated that, the architect is the agent of the employer, so he is a professional man but can hardly be considered to be independent. He speaks of the architect who is appointed in the role of The Engineer, where you can still expect an individual to be fair if not independent or impartial. Intellectually speaking the concept of being fair is inherent to the nature of a decision maker that is expected in a common law system and it is easier to expect the engineer to be fair than being impartial. Even when the contract doesnt impose any obligation in any way, the engineer is still expected to act in a, honest, fair and reasonable manner when under taking the role of a decision-maker. The above observation comes from Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd only where there was no appointed engineer for the project and the employer itself through its own employee took up the duty of decision maker, he was still expected to be fair, honest and reasonable[7].   Other than the implied duty of acting impartially there is ex pressed duty under the code of ethic to act impartially also. Of the many issues that challenge the impartiality of the engineer one that, the engineer has to make a decision regarding to his own work. In such position there cannot be an expectation for impartiality at all. Of the many roles that Dr Donald Charrett list most of them have been infused into new role of an engineer in the modern time where he is the agent of an employer. As an agent, the duty of the engineer is to successfully implement the project which is surrounded around the condition that he has to work in the best interest of his employer. But as a decision maker he takes relief from his role as an agent of the employer and is expected to act as a neutral decision maker between the employer and contract and fairly decide the dispute. The clear differentiation of the engineers role can also be seen in standard form of contracts and specifically FIDIC. The role of an engineer is dealt in different sub-clause of clause three of both the FIDIC red and yellow book. Condition 3.1 deals with the duty and authority of an engineer and condition 3.1 (a) of both the red and yellow book state: Expect as otherwise stated in these condition:       Whenever carrying out duties or exercising authority, specified in or implied by the contract, the engineer shall be deemed to act for the employer; This makes it pretty clear that the employer is expected to act an agent of the employer in relation to any of the act he is required to do under the contract. And condition 3.5 of red and yellow book state deal with the role of an engineer as a decision maker, where it states that: If agreement is not achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances. It is clear from the wording of the FIDIC form of standard contract the engineer is in a position to represent the Employer in all matter, however he also has the obligation to discharge his contract obligation as a decision maker in a fair manner. Hence, of the many roles, an engineer plays, it is here as a decision maker, the engineer is expected to be fair and evenhanded when he is deciding the dispute. So, what we get in general is a person who is throughout the contract phase an agent but when required he has to act in the capacity of a decision maker and be neutral and fair. The sub-clause provides that he has to act fairly and even if the clause in struck out, under common law contracts there is an implied condition that the engineer still has to act fairly. Although the impartiality has been replaced with the concept of fairness, some author make it clear that the contractor should never assume that the engineer belongs to the employer but rather he should assume that the engineer acts independently and impartially according to his professional standards. The concept of an engineer is not discussed in the civil law system hence, may French courts have been seen struck down any clause which gave power to the engineer to decide a dispute. The problem here is that the role on an engineer and he operates is a common law developed concept which has been best explained by Mc Farlan J in Perini corporation v Commonwealth of Australia[8] . the essence of such a relationship where the engineer acts in dual capacity is that the parties have voluntarily agreed so in the contract. The parties have agreed that they will accept and bind themselves on matter that he is required to decide The engineers duty to act fairly is an obligation that is understood to arise from the term of contract. FIDIC condition is a standard form of contract and when adopted for any project makes it a valid form of contract and clause 3.5 makes its legally binding clause and if the engineers dont act fairly then it becomes a breach of contract. In a contract, it is the duty of the parties to follow the contract and act in good faith towards the fulfilment of the contract. Hence, the duty is somehow on the employer to see to it that the engineer acts fairly to honour the clause of the contract when acting as a decision maker as the Engineer is an employer personal according to the definition. The engineer is a person who may not be himself involved in the dispute but definitely has interest in the dispute. One he is deciding upon a dispute that is there because of a decision he took earlier relating to a work and second, he is deciding something which is going to affect both the parties, and he is related to one of the parties. Then the contract expects the Engineer to not only protect the employers interest, he will also be protecting his interests as his decision is related to one of his work only. While the Engineer takes over the role of the engineer he is still employed by the employer and his salary being paid by the employer so, when the engineer is acting as a decision maker he is getting paid by the employer only for that role too. In view the impeding nature of lack of independence in the role of an Engineer that the FIDIC books have two safe-guards when he is acting as a decision maker: to decide fairly and in accordance to the contract. Then again, to promote fairness the FIDIC book also prohibits the Employer from replacing the engineer with anyone against whom the contract raises any reasonable objection.[9] HHJ Jackson state the legal situation of an engineer in the best possible way in Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [10] The terms of the contract according to which the engineer has to work determine the role and duty of the decision maker There cannot be an expectation that he decision maker is in anyway independent from the employer. But while acting as a decision maker the decision maker is expected to act in an independent, impartial, fair and honest manner. He should act using his professional skill to reach the right decision and should not indulge in any favourism towards his employer. The last point is of interest here where it states that he is expected to act in a manner which is independent from the employer. It gives the notion that the decision maker is never truly independent from his employer, but he is expected to shed that relation while acting as a decision maker. This makes it clear that a decision by the engineer can only be challenged in cases where there is a doubt of impartiality or lack of fairness. Hence, it must be remembered that doubt on the independence of the Engineer can be no more a ground for challenging the decision. However, the Engineer is expected to be fair and neutral, so any possibility or even the doubt of the presence of bias by the Engineer towards the Employers Interest in the decisions and determination of contractual disputes, provides the contractor with the opportunity and the avenue to appeal against the decision of the engineer. After going through the relevant provision of FIDIC, case laws and works of different field expert we can say that in the modern system of construction contract the concept of an independent contractor is not present any more. All the while the engineer is only expected to act independently but there is no actual individuality that is independent of the employer. As I have earlier stated the engineer is always paid a salary by the employer, even when he is acting as a decision maker so there cannot any presumption of independence. The FIDIC condition also moved on to the concept of a fair determination as impartiality can be in question and cant be always expected. The reason being there would always be doubt because the Engineer never stops being the agent of the Employer or as the FICID states Employers Personnel. According to Charles C MacDonald, the Engineer is one individual who lacks the necessary requirement of independence to make important decision, as he is appointed by the employer.[11] Even Redfurn and Hunter in their book agree that the engineer who is appointed by the employer will lack the necessary independence to make important decision.[12] As we take stock all that has been discussed till now all we can say in laymans language, the engineer is never independent but it is his duty to act in an independent manner.[13]   At the end, we can conclude that there is no real distinction between the role of the Engineer where he acts as the agent of the employer and a role which he takes up, that is independent from the employer. No provision in the FIDIC form of contract also differentiate between the role rather the provision make it clear that he remains as agent all the while till the contract is in place. There are safeguards to ensure impartiality and fair decision making but still role like the one of decision maker should not be in anyway related or inclined to any party.   This results in the lack of independence in the decision-making process as the trust in the engineer being fair is also lost. This has in the recent years has only resulted in using the Engineer as a decision maker only a procedural requirement as his decision is just a prerequisite to go for a DAB decision or arbitration. The present form has its advantages as it helps in resolving disputes quickly and is serving its purpose in most of the cases but also has in its own disadvantages. The engineers fairness will always remain a matter of question and doubt. There is no requirement to completely overhaul the present system, there is just a need to reduce the disadvantages. As recommended by Ola Ø. Nisja, one engineer can be appointed as the agent of the employer for all the roles presented by the contract, except the one of decision maker and when a dispute arises, a new engineer who is not part of the project be brought in to decide on the matter The concept of an independent Engineer in practice was lost long ago as we moved to the present form. An Engineer independent of the Employer is a myth.   However, as we saw, even as an agent of the employer the engineer has to act fairly while acting as a decision maker and giving determinations. It will always be a challenge to the role of an engineer but he has to overcome this shortcoming has to show real professionalism. [1] (1854) 5 HLC 72; 10 ER 824 [2] Hudsons Building Contracts (4th ed) Vol II 185 [3] Ibid, p 215 [4] ibid [5] Perini Corporation v Commonwealth of Australia [1969] 2 NSWLR 530. [6] Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd (1996) 78 BLR 42 [7] ibid [8] Perini (n 5). [9] Sub-clause 3.4 FIDIC Red book (1st ed) 1999 FIDIC Yellow Book (1st ed) 1999 [10] Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [2006] EWHC 89 (TCC) [11] Charles C MacDonald, Allocation of Risk in Major Infrastructure Projects-Why do we get it so Wrong? ([2001] ICLR 345), [12] ibid [13] Scheldebouw (n 10)

Wednesday, November 13, 2019

Socrates Essay examples -- essays research papers fc

In Crito, Plato recounts the last days of Socrates, immediately before his execution was to take place in Athens. In the dialogue, Socrates’ pupil, Crito, proposes that Socrates escape from prison. Socrates considers this proposal, trying to decide whether escaping would be â€Å"just† and â€Å"morally justified.† Eventually, Socrates concludes that the act is considered â€Å"unjust† and â€Å"morally unjustified.† Socrates then decides to accept his fate and proceeded with his execution. Socrates was a man who was in pursuit of the truth (Durant). In his refusal to accept exile from Athens or a commitment of silence as a penalty, he chooses death and is thrown into prison. While Socrates is awaiting his execution, many of his friends, including Crito, arrive with a foolproof plan for his escape from Athens to live in exile voluntarily. Socrates calmly debates with each friend over the moral value and justification of such an act. â€Å"...people who do not know you and me will believe that I might have saved you if I had been willing to give money, but that I did not care.† -Crito (Wolff 37). Crito believed that by helping Socrates to escape, he could go on to fulfill his personal obligations. Also, if Socrates does not follow the plan, many people would assume that his friends did not care about him enough to help him escape or that his friends are not willing to give their time or money in order to help him. Therefore, Crito goes on to argue that Socrates ou ght to escape from the prison. After listening to Crito’s arguments, Socrates dismisses them as irrelevant to a decision about what action is truly right. â€Å"Now you, Crito, are not going to die to-morrow-...-and therefore you are disinterested and not liable to be deceived by the circumstances in which you are placed.† -Socrates (Wolff 40). In the arguments that Socrates makes, he emphasizes that what other people think does not matter. The only opinions that should matter are the ones of the individuals that truly know. â€Å"The truth alone deserves to be the basis for decisions about human action, so the only proper approach is to engage in the sort of careful moral reasoning by means of which one may hope to reveal it† (Wolff 43). According to Socrates, the only opinion that he is willing to consider would be that of the state. â€Å"...if you go forth, returning evil for evil, and injury for injury,...we shall be angry with you ... ... state of Athens, constitutes disobedience against the state. He argues that obeying the state is a requirement right up until death. He says that by not obeying the state that he was raised in, it's like not obeying his parents that raised him. Socrates was a man who stuck to his commitment to truth, morality and philosophy over life. He had a great commitment to his state, therefore by disobeying it, he would be committing suicide in a sense. If Socrates had disobeyed his state, he would never be allowed to enter it again, nor would any other allow him to live peacefully. His arguments throughout the whole dialogue were very strong. Socrates looked out for his state, while Crito’s arguments were based on himself and how others would view him. Socrates’ conclusion to stay in the prison may have cost him his life, but his act saved the morality and truth of Athens. Works Cited Wolff, Robert Paul. â€Å"Ten Great Works of Philosophy†. New York: Penguin Group, 1969. Durant, William. â€Å"The Story of Philosophy†. New York: Washington Square Press Publications, 1961. Volume I, Ninth Edition. â€Å"Civilization: Past & Present†. New York: Addison-Wesley Longman, Inc., 2000. Socrates Essay examples -- essays research papers fc In Crito, Plato recounts the last days of Socrates, immediately before his execution was to take place in Athens. In the dialogue, Socrates’ pupil, Crito, proposes that Socrates escape from prison. Socrates considers this proposal, trying to decide whether escaping would be â€Å"just† and â€Å"morally justified.† Eventually, Socrates concludes that the act is considered â€Å"unjust† and â€Å"morally unjustified.† Socrates then decides to accept his fate and proceeded with his execution. Socrates was a man who was in pursuit of the truth (Durant). In his refusal to accept exile from Athens or a commitment of silence as a penalty, he chooses death and is thrown into prison. While Socrates is awaiting his execution, many of his friends, including Crito, arrive with a foolproof plan for his escape from Athens to live in exile voluntarily. Socrates calmly debates with each friend over the moral value and justification of such an act. â€Å"...people who do not know you and me will believe that I might have saved you if I had been willing to give money, but that I did not care.† -Crito (Wolff 37). Crito believed that by helping Socrates to escape, he could go on to fulfill his personal obligations. Also, if Socrates does not follow the plan, many people would assume that his friends did not care about him enough to help him escape or that his friends are not willing to give their time or money in order to help him. Therefore, Crito goes on to argue that Socrates ou ght to escape from the prison. After listening to Crito’s arguments, Socrates dismisses them as irrelevant to a decision about what action is truly right. â€Å"Now you, Crito, are not going to die to-morrow-...-and therefore you are disinterested and not liable to be deceived by the circumstances in which you are placed.† -Socrates (Wolff 40). In the arguments that Socrates makes, he emphasizes that what other people think does not matter. The only opinions that should matter are the ones of the individuals that truly know. â€Å"The truth alone deserves to be the basis for decisions about human action, so the only proper approach is to engage in the sort of careful moral reasoning by means of which one may hope to reveal it† (Wolff 43). According to Socrates, the only opinion that he is willing to consider would be that of the state. â€Å"...if you go forth, returning evil for evil, and injury for injury,...we shall be angry with you ... ... state of Athens, constitutes disobedience against the state. He argues that obeying the state is a requirement right up until death. He says that by not obeying the state that he was raised in, it's like not obeying his parents that raised him. Socrates was a man who stuck to his commitment to truth, morality and philosophy over life. He had a great commitment to his state, therefore by disobeying it, he would be committing suicide in a sense. If Socrates had disobeyed his state, he would never be allowed to enter it again, nor would any other allow him to live peacefully. His arguments throughout the whole dialogue were very strong. Socrates looked out for his state, while Crito’s arguments were based on himself and how others would view him. Socrates’ conclusion to stay in the prison may have cost him his life, but his act saved the morality and truth of Athens. Works Cited Wolff, Robert Paul. â€Å"Ten Great Works of Philosophy†. New York: Penguin Group, 1969. Durant, William. â€Å"The Story of Philosophy†. New York: Washington Square Press Publications, 1961. Volume I, Ninth Edition. â€Å"Civilization: Past & Present†. New York: Addison-Wesley Longman, Inc., 2000.

Monday, November 11, 2019

Child’s learning and development

Identifying the beliefs of Children ‘s Learning, Development, and the Social Influences that shaped them.A kid ‘s acquisition and development Begins from the minute they are born, the early old ages from birth to five are an of import milepost in a individual ‘s life, what a kid experiences in the early old ages has a major impact on their hereafter opportunities in life. A safe, secure and happy childhood is of import in its ain right. We can determine a kid ‘s acquisition from an early age, kids learn through experience and grownup engagement, hence interaction with babes and immature kids is basically of import, it helps to construct thoughts, creates believing and helps them develop as scholars. Babies are born with an involvement in people and a thrust to happen out about their universe. Detecting and measuring babes and immature kids is an of import footing in their acquisition and development. ‘Watching kids learn can open our eyes to the capacity of how they learn ‘ ( Pugh, 2001, p. 66 ) , and this shows us the importance of these first few old ages in a kid ‘s life. Over the decennary ‘s early instruction, policies and patterns have seen important alterations. We still use many of the earlier theories and methods through the Early Years Foundation Stage ( EYFS ) in our early instruction scenes today. The EYFS is portion of a 10 twelvemonth Childcare Strategy introduced in 2008, it relates to the Childcare Act 2006, and its purpose is to give immature kids the best start in life, it sets criterions to enable early twelvemonth ‘s suppliers to implement the rich and personalised experience many parents give their kids at place. It provides legal demands associating to larning, development, appraisals and public assistance. The EYFS rules which guide all practicians consists of four subjects ; a Unique Child, Positive Relationships, Enabling Environments, Learning And Development. It implies that all kids from birth to five will get the same accomplishments and cognition in readying for school while at the same clip recognizing that all kids are persons that require single acquisition schemes. The building of early instruction and attention of kids and immature people dates back many old ages, every bit early as the seventeenth century. Friedrich Froebel a major theoretician was born in 1782 in Thuringia what is now Germany and was good known for stating â€Å"play is a kid ‘s work† , he formulated the thought of kindergarten intending ‘children ‘s garden ‘ as a agency of educating immature kids. Play and the out-of-door environment were of import in Froebelian kindergartens. His attack emphasized that kids are able to develop their capacity for larning through drama, and that active acquisition is indispensable with counsel and appropriate way. He believed that preparation of workers within the early old ages was indispensable, and the importance of parents as spouses in the instruction of immature kids. The influence of Froebel‘s methods are good established in early old ages scenes to day of the month, his work was one of the theories that made the footing of early instruction. Many recent theoreticians based their work on these early findings, and state, he was in front of his clip as one of the EYFS subjects and committednesss, of today provinces active acquisition. Active larning it is implemented through the acquisition and development rule of the EYFS, it provides physical and mental engagement, decision-making and individualized acquisition, and it occurs when kids are acute to larn and are interested in happening things out for themselves. Play is a dynamic procedure that develops and alterations, it provides kids with chances for developing cognitive, societal, emotional and physical accomplishments. ‘Froebelian kindergartens were seen to be in-between category ; despite this his methods were adapted for usage with deprived kids and households ‘ within developing twentieth century baby's room and infant schools. ( Pound, 2008, p. 16 ) . The first nursery school opened in Scotland in1816 by Robert Owen ( 1771-1858 ) , he was a factory proprietor who refused to use kids less than 10 old ages of age, he believed that instruction should be a common right for all kids, and that kids are inactive, contrived and by due readying and accurate attending can be formed into any human character. He managed their behavior through kindness, which in the19th century was unusual, kids every bit immature as 2 old ages attended his school. The gap of his nursery school influenced altering attitudes on kid labor, and set the footing of early instruction for immature kids. The start of the course of study method was one of Owens ‘s thoughts, his vision on education-inspired coevalss of militant ; he recognised the nexus between societal public assistance and early instruction this is an of import portion of pattern in modern twenty-four hours scenes. ‘His committednesss to instruction were extremist as were his thoughts on t he importance of equality, although his policies were a bold measure frontward, he was criticised as being rooted in his desire for net income. ( Pound, 2008, p. 13 ) ‘ ‘In the UK the development of early instruction was really slow compared to Europe, it was In 1870 that publically funded instruction became compulsory for kids age 5, the demand to understand these early childhood services is of import as they laid down the foundations of our instruction system ( Pugh, 2001, p. 8 ) ‘ During the 1960 ‘s the voluntary playgroup motion emerged. A missive sent to the Guardian by Belle Tutaev, a immature female parent of a four-year-old expressing concern to the deficiency of appropriate nursery proviso within our instruction system. For many old ages the chief agencies of early instruction was province primary schools, and this was aimed at kids over 5 old ages, after runing to the governments to no help she opened her ain playgroup, this progressed and by the 1970ss playgroups became a recognized signifier of pre-school proviso. Over the following 2 decennary ‘s the altering household forms and employment forms meant early old ages proviso were a much needed beginning, this saw the growing of private baby's rooms. Merely after a reappraisal in 1988 on early childhood and instruction services, ( The Education Reform Act ) did the authorities realise at that place was a turning job. It found defects, in uncoordinated services, which varied between different parts of the state, compared to the remainder of Europe there were low degrees of public support. It had different services ran by a diverseness of different administrations, this meant a broad scope of clients used them, all with different purposes and intents. The instruction system needed the authorities to step in. A figure of national studies was to be published, one of them the Rumbold study published in 1990, expressed concerns about instruction and the deficiency of entree to Early Years services. It highlighted the demand for the development of good quality proviso in the early old ages, and ‘believed it to be critical that all that work, or are involved with immature kids recognize the importance of their educational function and carry through it. She urged those who make proviso recognize the turning demand for and the enlargement of high quality services to run into kids and parents demands ( rumbold, 1990 ) . The study besides highlighted the manner in which immature kids learn are every bit of import as what they learn, and argued against the debut of formal acquisition. At the clip, this study was ignored but it is now used as a footing for best pattern in today ‘s Early Old ages scenes. ‘The constitution of the Early Childhood Education forum in 1993 meant conveying together all national bureaus working in the field, ‘ ( Pugh, 2001, p. 11 ) it clarified that an early twelvemonth ‘s policy is needed, and an enlargement in services, the forum gathered strength with over 45 national administrations by 1998. Its purposes were to defend kids ‘s rights and entitlements, back up the preparation development and instruction of early childhood practicians, and all those who work with kids and their households. The authorities took action and in 1995, funding for the instruction of 4 twelvemonth olds was introduced this was in the signifier of verifiers that could be redeemed in private, voluntary, or local authorization baby's rooms, the verifiers were highly criticised at the clip and was abolished in 1997 when Labour Government was elected. The election of the Labour Government brought large alterations in the manner our whole Education System was run, particularly Early Education ; its cardinal issue is to eliminate child poorness, and supply more household friendly policies and kids ‘s Centres. The Certain Start enterprise, launched in 1999 under the National Childcare Strategy plays a major function in making this, by assisting households in local communities of demand with kids under 4years old. The authorities pledged 1.4 billion lbs over 6 old ages. This meant that parents had entree to a multi bureau of services within the Certain Start Children ‘s Centres. They are now a cardinal influence within our communities assisting kids, households and society, by larning and developing life accomplishments in the early old ages so that immature kids turn up to be happy, healthy and are able to accomplish their ends in life. The Centres are at the Heart of the Every Child Matters Change for Children 2004. The green paper Every Child Matters was published in 2003, in response to a study by Lord Laming in 2001, into the decease of Victoria Climbie. Victoria was a immature miss who was horrifically abused, tortured and killed by her great aunt, Marie-Therese Kouao and spouse Carl Manning ; they were the people who were supposed to be caring for her. Black weaknesss within a figure of systems meant on 12 occasions over 10 months the opportunities to salvage Victoria were missed. Evidence from this Inquiry demonstrated the dangers of staff from different bureaus non carry throughing their separate and typical duties. The decease of Victoria showed a cardinal demand for an incorporate service that would be portion of a political docket for many old ages, despite the Children Act 1989 commissariats, kid protection schemes and services stayed within the societal service system, and the degree of communicating and co-operation between these and other services in wellness and instruction were v ariable. The Every Child Matters docket is recognised by five results ; be healthy, stay safe, enjoy and achieve, do a positive part, and achieve economic well-being ; these results are a cosmopolitan aspiration for the authorities, and organize a strong footing for the EYFS course of study used in Early Education Settings to day of the month. The transportation of duty for kids under 8-years-old were made from the Department of Health, to the Department of Education and Skills and from 2001, an incorporate review service was introduced, conveying together all the services, enabling multi-agency working, which was an of import measure frontward. The Early Years Development and Childcare Partnership in local governments were besides introduced, assisting to increase degrees of proviso in Childcare. Working in partnership with the Local Education Authority, each authorization completed an audit, with a program to make the authorities ‘s marks for early instruction topographic points for all 3- and-4year-olds. This was made easier in the alteration of policy earlier, that allowed not maintained sectors to use for baby's room grants, ‘children in private twenty-four hours baby's rooms, pre-schools and some childminders could now entree their free half-day nursery proviso. In this manner the scheme started to undert ake the long-run split between Early Years instruction services and the child care services. ‘ ( Macelod- Brundenell, and Kay 2nd edition 2008 pg 352 ) . It has been without uncertainty that Early Education has come a long manner since Froebel in the seventeenth century, and the gap of Owen ‘s nursery school in 1816, but non many things have changed, it was apparent so that kids learn through drama and geographic expedition, and early acquisition is of import in the first five old ages. Possibly many coevalss of kids have missed out the opportunities given to immature kids of today. The EYFS has been an of import milepost for early instruction and immature kids, and is now the manner frontward in fixing a kid for school, but its existance is still in the primary phases, and many little nursery scenes may happen accommodating to these alterations and prolonging them quiet hard as the criterions and public assistance demands set are extremly high.Mentions( Department of Children Schools and Families. ( 2008 ) . The statutory Framework for the Early old ages Foundation phase Every kid affairs change for kids. Puting the criterions for Learning Development and attention for childeren from birth to five. Macelod-Brudenell Iain and Kay Janet ( 2nd Edition 2008 ) . Advance Early Old ages And Education For Foundation grades and degree 4 & A ; 5. Heinemann Oxford Pound, Linda. ( 2008 ) . How Children Learn From Montessori to Vygotsky. London: Step frontward publication. Pugh, Gillian ( 2001 ) . Contemporary Issues In The Early Old ages. Paul Chapman. London

Friday, November 8, 2019

Writing Assignment over Demian by Hermann Hesse essays

Writing Assignment over Demian by Hermann Hesse essays Demian, written by Hermann Hesse and first published in 1919, is, at its heart, a novel of self-discovery and self-actualization. The novel itself, an autobiographical novel that was written by Emil Sinclair, the focus of the story, is meant to show an old man, whose voyage of self-discovery is coming to a close, and his recollections of past events and their ability to shape his current world-view. Central to the novel is this relationship between the current incarnation of ones own personality and the past events which have gradually made such introspective aspects of oneself to emerge and take shape. While at many times asserting clearly and poignantly that the past is something which must be let go by an individual in order to carry on down the path that leads to ones true self, hidden within the novel is the assertion that the past forms us and shapes us and should never be let go of fully, but, instead, should always be kept as an afterimage of what once was. It is only th en that we can begin to find our own road of self-actualization. This does not seem to be done by accident, as, in other cases of other such themes in Demian, Hesse cleverly uses the duality of nature approach. He constantly sees the world as a world dynamically split into two realms, a dark, evil realm and a light, heavenly realm. Ignorance of one realm is, according to Hesse, a flaw in ones own humanity, and must be overcome in order to reach the promised nirvana of self realization. The older, somewhat wiser Sinclair often states that the past is one of the personal obstacles which must be overcome in order to find ones true self. He states that very many are caught in [an] impasse, and forever cling painfully to an irrevocable past, the dream of lost paradise, which is the worst and most ruthless of all dreams (Demian 41). To Sinclair, a dream of what...

Wednesday, November 6, 2019

Under the Feet Of Jesus essays

Under the Feet Of Jesus essays In Helena Maria Viramontes, "Under the Feet of Jesus", historical factors play an integral role in depicting life as a migrant laborer. Capitalism, colonialism, racialization, as well as exploitation are a few of the forces that prove to be important in mediating the political, social, and cultural conditions of Mexican Immigrant labor. In the case of "Under the Feet of Jesus", those conditions are portrayed through the struggles of Estrella and her migrant family. The effects of colonialism are seen at work in Viramontes novel. Just as the indigenous tribes of Mexico were marginalized by the Spanish, Estrella and the rest of the field laborers were being marginalized by America. After the Great Depression struck, millions of Americans were left unemployed with no source of income to sustain themselves, or their family. Politically and socially, Mexican laborers were targeted as the problem and they began to be viewed as an infestation, an infestation of aliens whom were taking American jobs from American people. Due to the pressures of unemployment the United States government began the process of repatriation. Repatriation, resulted in thousands of Mexican-Americans being deported, among those departed were US born Mexicans. Throughout the novel, Estrella expresses her fear of being sent back home to her native country. Estrella's fears of being harassed or deported also point to her racialized status even though a citizen of the United Sta tes, she is labeled as an alien. Estrellas fears are addressed by Petra one night: "If they stop you, if they try to pull you into the green vans, you tell them the birth certificates are under the feet of Jesus, just tell them...Tell them que tienes una madre aquà ­. You are not an orphan, and she pointed a red finger to the earth, Aquà ­." (Viramontes 63) The same fears that repatriation instilled in Estrella are the same fears that were felt by other field workers in the 1930&...

Monday, November 4, 2019

Journalism, Mass Media and Communication Essay Example | Topics and Well Written Essays - 2000 words

Journalism, Mass Media and Communication - Essay Example Three distinct approaches can be used in persuasive writing: appeals through ethos, pathos, and logos, which are terms derived from the ancient Greek philosopher Aristotle, and which refer to morals, emotions or reason respectively. The two articles are compared, showing similarities and differences in the way they use these appeals, and then also instances where they use fallacies. The principle of ethos as used in the study of rhetoric can be defined as â€Å"persuasion through the moral character† (Cockcroft and Cockcroft, 2005, p. 4). In modern English, the word ethics is used in connection with making choices between good and bad actions. In rhetoric, it refers to the person who is attempting to persuade others through the written or spoken word. Ethos is defined in rhetoric as containing two separate concepts, namely personality, and stance. (Cockcroft and Cockcroft, 2005, p. 28) The personality aspect deals with how the writer presents him or herself, while stance relat es to the attitude that the writer has towards the audience or readership. In the first article, the author’s name and qualifications are given at the end of the article: â€Å"Professor Ian Hickie is the executive director of Sydney University’s Brain and Mind Research Institute† (Hickie, 2009, p.1). The academic titles â€Å"Professor† and â€Å"executive director† imply that this person is a senior member of a respected institution, with high qualifications and important responsibilities in Australian society. The purpose of this description is to inspire confidence and give the impression that this person knows more than the average individual, and is an expert, especially in the field of the human brain. The writer launches into his article with a confident statement about â€Å"really smart countries† and then issues a clear instruction: â€Å"To achieve that aim, we need to....† Another instruction, in a somewhat gentler tone, is given later such as â€Å"It’s time we really took some hard choices...† There is an even gentler suggestion towards the end: â€Å"let’s do something...† followed by a very strong direct command in the last line: â€Å"Lift the age to 19 and make a real difference now† (Hickie, 2009, p.1). This pattern shows a strong ethos of a teacher telling people what to do, using both direct instruction and more subtle persuasion, which is an example of his skill in changing his stance in relation to the readership in order to appear both authoritative and considerate. In contrast to this high-status individual, the writer of the second article, (Blake, 2010, p.1) is described without any title: â€Å"Joshua Blake is a Bachelor of Arts student at the University of Queensland.† Interestingly the author also makes specific reference to his own status in defense of a statement that he makes about Australian binge drinking culture: â€Å"How do I know this? I’m a 19-year-old who regularly sees my peers getting drunk...† (Blake, 2010, p.1). The age is cited here because the author wants to make the point that he has direct experience of the issue of age-related binge drinking connected with rites of passage in student life.  

Saturday, November 2, 2019

Spaghetti Challenge Essay Example | Topics and Well Written Essays - 1000 words

Spaghetti Challenge - Essay Example Every project must have a budget; there is an estimated budget for any project that the client is willing and ready to spend. This budget is worked upon by the client together with the project manager. The budget must contain an additional just in case money that is thoroughly monitored. A project manager must account for all the money that is spent on the construction this is done by availing all the receipts and stock taking to the client all through the project. Equipment’s that are rented must be kept in good condition to reduce fines and damages that can be incurred. Time is an essential factor in any project. A client will expect a working timeline when contracting. Time constraint is the limited time the constructor has to work to work with under growing pressure top finish the project without any defects or additional costs. The timeline will include the designing of the project blueprint as seen in the spaghetti challenge as well as the construction time. The objectives outlined that need to be achieved in order to meet the client’s needs must be completed in time within cost and quality as expected. Most contracts will have a penalty section in case of any breach of terms and conditions, a real-world big scale construction projectwill include a contract with the terms and condition that must include the timeline and various fines if there is a breach of these terms. These penalties impose an obligation on the construction company to fulfil its duties and objectives in a given time to avoid breaching the contract hence paying damages. A real-world big scale construction project must also consider conducting various test factors that may affect the strength and stability of a structure. These factors must be put in the blueprint before the start of the project and properly reinforced to avoid disaster and casualties. Bonuses can be added as incentives to