Tuesday, January 21, 2020

Negative Effects of False Media Images :: Argumentative Persuasive Topics

The Negative Effects of False Media Images      Ã‚  Ã‚  Ã‚  Ã‚   Since the birth of communication, media has been used to convey information to those willing to absorb it. Beginning with publications and simple spoken words, and soaring to new heights in the twentieth century with radio, television, and the internet, media have been made accessible to people in every aspect of their daily lives. With such a strong hold on modern society, mass media have been able to shape popular culture and often influence public opinion. However, when abused, the power of media can harm the general population. Biased media tend to make people strive to be someone else's idea of perfect while subconsciously ignoring their own goals. Stereotypes formed by the media that include thin, tanned women, and wealthy, muscular men have led to a decline in self-acceptance. The majority of media today often present the perfect body to the public, hoping that consumers will strive to achieve fitness using a certain product or idea. While this form of adv ertising may somewhat increase a product's market share, many people suffer from inner conflicts as a result of failure to achieve the body of a top athlete or fashion model. Along with emotional conflicts, those influenced by the media have encountered physical problems, including bulimia, anorexia, and the employment of harmful dietary plans. Unless reality is discerned from what is presented in certain media, some people will continue to suffer. Consumers could find the truth more easily if media offered products advertised by normal people without all the extra glamor. In addition to this, if the public could view advertising only as something to get one's attention and not a portrayal of how one should look, there would be fewer problems. Until either is accomplished, the negative effects will be felt by the vulnerable, and companies will continue to make their money. Those consumers given a false impression about a product through various forms of media are the ones who suffer most from our society's portrayal of the perfect body. After being influenced by a television commercial or a magazine pictorial, certain people in this world will purchase an item hoping that the same success shown in the medium will be had by them as well. The truth of the matter is that this hardly ever happens. Every day, ugly people wear sensual cologne, and slow runners wear Carl Lewis track shoes.

Monday, January 13, 2020

Year One Ba-Hons Photography Image Analysis

Photographs are one of the media or instruments of visual representations. It is an embodiment of visual elements which appear as symbols and are linked together to convey several meanings. According to McLean (1973), they are pictures which have many characteristics and attributes in common with other images (quoted in Noth 1995: 461). They play an important role, along with film, in broadening the visual field for examination and analysis and in molding critical approaches to visual representation (Chaplin 1994: 80). This paper aims to present an image analysis of Nick Ut’s Trang Bang (1972). It will narrate a brief biography of the artist then it will reveal the photograph’s visual elements and their corresponding meanings. It will also identify the underlying symbols behind the image and demonstrate their impact on the society. Furthermore, it endeavors to express and to show the implication of photographs with regards to visual culture and visual literacy. Nick Ut (b. March 29, 1951- ) whose real name is Ut Cong Huynh is a Vietnamese photographer. His photography career begins when he has been introduced by his mother to the Associated Press office in Saigon; he is 14 years old then. The occurrence on the rainy day of the 8th of June, 1972, the epoch when the Americans and South Vietnamese invaded Cambodia, draws attention with his career when he shoots Kim Phuc—a nine year old girl—running and blaring naked in down Route 1 (Ut 2007); the photograph is entitled as T rang Bang. Trang Bang, a gelatin silver print, depicts the June 8, 1972 event when the children and their families run away and flee the village of Trang Bang down Route 1; their bodies are being burned and seared by napalm (Faas and Fulton n. d. ). The image encompasses five children that are running and screaming and behind them are militant troops, walking after the terrified kids. The focus of the picture is the naked little girl who is squealing. Figure 1 Children Fleeing an American Napalm Strike, Trang Bang, June 8, 1972 Her stretched arms bestow a line element in the image which illustrates balance and symmetry. The eyes of the spectator will usually fix on the dead center due to the strong and powerful expression of Kim Phuc, revealing an excruciating pain. Nevertheless, if the focus of the picture will be given to the screaming boy on the foreground whom is said to be Kim Phuc’s brother Phan Thanh Tam, technically speaking, Ut demonstrates the rule of thirds in his masterpiece due to his manipulation to the placement of the subject which is off the center; therefore the eyes of the spectator will definitely turn and fix with the other elements in the whole picture per se. He also displays a shallow depth of field in the photograph because only the subjects of interest or focus are enhanced—the shrieking and running children, the other element—the troops—is quite out of focus due to the blurry details of the figures. The black smoke on the background gives a strong contrast in the picture. The said photograph is a historical account that records and synthesizes the incident of June 1972. It analyzes and demonstrates the notion of horror and agony during wars which can be pulled out from the facial expressions of the children especially Phan Thanh Tam’s. He summarizes and encapsulates the terror, fear and affliction of the people during the Vietnam War (Pyle 2000). That image can imply a lot of things if it will be based to John Berger’s Way of Seeing theory (1972): it is seeing which establishes our place in the surrounding world; we explain that world with words, but words can never undo the fact that we are surrounded by it. The way we see things is affected by what we know or what we believe (Berger 1972: 7-8). With that, it can be hauled that whatever the interpretation or analysis of the spectators with the image, it will still be anchored on what he or she knows regarding the event that has transpired in Vietnam during the year 1972. The photograph is a representation of the reality that it portrays (Noth 1997: 46). However, Eco (1984) disagrees because according to him, a photograph can lie (quoted in Noth 1997: 461), by which Berger (1984) states that the result of the treatment and manipulation of the reality is that to a definite level, â€Å"the photographer creates the reality of the photograph (quoted in Noth: 461). Nevertheless, in the case of Nick Ut’s Trang Bang, it cannot be implied that the photographer has altered and manipulated the reality that he has documented during the occurrence in 1972 because the reproduction of the image, which have been placed in newspapers, magazines, etc. , creates a different perspective from the original photo that is taken by Ut. The reproduction delineates a cropped image of the original (Look at figure 1 and 2). Figure 2 Napalm Bomb Attack, Vietnam It shows that the original, which has been signed by Ut, encompasses other elements in the picture, for instance, the official member of the press who looks like fixing his camera, the lines on the background which probably signifies the napalm. The manipulated image appears more closely to the spectators and constructs a more focused representation of the event. Because of the reproductions, Ut cannot be blamed for the cropped photo because of the intervention of the press with regards to the dissemination of the image to narrate the historical event. It is definitely the press’ responsibility as to how they will broadcast and transmit the information with wide, visual consumers all over the world. According to Gillian Rose in her Visual Methodologies (2001), the novelty and advantage of photography branch out from its most evident potential: it is about rendering that particular moment in time (quoted Mirzoeff 1999: 67) by which Ut demonstrates in his Trang Bang. In accordance with what he said during an interview, â€Å"the girl was running with her arms out. She was crying, ‘nong qua! Nong qua! (Too hot! Too hot! ). She had torn off all her clothes. When I saw she was burned, I dropped my camera beside the road. I knew I had a good picture. I got her into our van and took her and the family to the Cu Chi hospital. † (quoted in Pyle 2000). Moreover, his magnum opus implies that photography makes achievable ways of seeing what is unimaginable then (Mirzoeff 1999: 68). It does illustrate that the language and expression of the photograph is to combine naturalism and realism. The artifact then evolves to be reality (quoted Molyneaux 1997: 80). Nick Ut’s Trang Bang may be manipulated or not, it still conveys a scheme of meanings and symbols. The implication of an image is created from an interaction of a myriad of schemes and codes. A photograph is not a realistic illustration of what is real in spite of its appearances. It is a material that has been produced in an elaborate manner and approach of production and has been dispensed, circulated and consumed by a set of social relations (Forrester 1996: 140). Burgin (1982) has argued then that a photograph presents itself as something that cannot be disagreed with in which he states as â€Å"an offer you cannot refuse† (quoted in Forrester 1996: 142). Trang Bang being an object of representation communicates with its spectator about the Vietnam War that happens in mid-1972. Nick Ut, as one of the war photographers, has to deal with the lack of viewing space for his work because he is confined and restricted to what he sees in the lens compared to other artists who can demonstrate an array of symbols and emotionally-driven and affecting scenes however, war photographers are offered with revolutionizing and altering the reality into an allegorical and symbolic masterpieces (Marien 2006: 46).

Sunday, January 5, 2020

Music is an art that has been in this world for tens of...

Music is an art that has been in this world for tens of thousands of years and has proven its abilities to bring people together and sometimes even make people happy. Although the jazz era ended almost a century ago, this time influenced by Louis Armstrong was a huge cultural shift that still remains in our society in which African-Americans are a vast part of our music industry amongst pop, rap, reggae, and more. Jazz was a unique form of music, there had never been anything like it before. It was rebellious, rhythmic, and it broke the rules- musical and social. It started a musical revolution, â€Å"With its offbeat rhythms and strange melodies, jazz was blamed for everything from drunkenness and deafness to in increase in unwed mothers.†Ã¢â‚¬ ¦show more content†¦Armstrong once said, â€Å"Jazz is played from the heart. You can even live by it. Always love it.† That is exactly what Louis did, he lived by it, he loved it, and he influenced others to always do the same. Even in the last decade of his life, Armstrong continued to entertain people just as he had the previous four decades of his life. He often performed with a number of different musical groups, and is said to have â€Å"revolutionized† the jazz world with his introduction of the extended trumpet solo. He grew as a person and developed jazz into what it is now, â€Å"Louis Armstrong had a very long and successful career. He influenced the direction of jazz music and was the first ever â€Å"super star† of jazz music.† Louis Armstrong was one of the most influential jazz musicians in the 1920’s and is an essential factor of the thriving music industry today. Jazz opened a huge doorway for African-Americans in the music industry. Before Louis Armstrong, they never would have been accepted in music in society and potentially not have received equal rights in the future. Jazz was a new style of music that most people had never heard before, making it tha t much more interesting. Jazz taught people a new way to express themselves, with deep rhythms and smooth beats. With jazz being so multicultural, it gave people a new perspective on integrating African-Americans into society, which led America into theShow MoreRelatedThe Importance of Speaking a Second Language712 Words   |  3 PagesSecond languages are vital. Have you ever wondered what it would be like to have the ability to speak ten out of the near seven thousand languages that are spoken in the world today? It is certainly evident that it would be pretty astonishing but also undoubtedly complex and mind-boggling. From Afrikaans and French, to German and Swahili, foreign languages are responsible for one thing; enabling easy communication and the ability to interact with others in whatever language you may speak. In today’sRead MoreTupac Shakur: A Brief Life Story1779 Words   |  7 Pagesbrought into the world on June 16, 1971 in the beautiful state of New York City . Both of Shakur’s Bill Garland and Afeni Shakur were both black panthers around the late 1960’s and late 70’s, Shakur lived a hard life as a child and grew up around a lot of violence and criminal defense. When Shakur was smaller his godfather Elmer Pratt had been convicted of murdering a high school teacher in 1982 and was also one of the top ranked Black Panthers. Soon after that his stepfather spent 4 years in prison afterRead MoreThe Issue Of Abortion On The United States1606 Words   |  7 Pagesout of ten of these 500,000 unintended pregnancies are terminated by abortion each year in America. In today’s modern American culture, many consider an unborn fetus a non-life form; however, an unborn fetus possesses many, if not all, characteristics of life. The issue of abortion in the United States has been one that has courted controversy and created a public, ethical, and moral division in our American society and culture. Different opinions and views on this contraceptive subject has broughtRead MoreNegative Impact of Media Violence on Children1704 Words   |  7 Pageseveryone. Over the past one hundred years, as mass media has become more prevalent, it has also become more violent. In the earlier part of the twentieth century media such as motion pictures and radio provided entertainment for those who could afford them. Although these commodities were present few people considered them necessary for living. With the introduction of television in the middle of the century , mass media availability began to increase. By the year 1955 two-thirds of all homes in AmericaRead MoreThe Theories Of The Theory Of Evolution1802 Words   |  8 Pagestheory of evolution has no solid evidence, whereas creation can be proven. Science is supp osed to be based on observation, right? The best theories satisfy the test of experimentation. No one can test if evolution happened. Non one can prove that evolution actually happened. But what evidence can we place against evolution? In 1859, Charles Darwin published On the Origin of Species, introducing the theory of evolution. One hundred and fifty-six years later, scientists still accept this senseless philosophyRead MoreIndividuals with Mental Disorders1073 Words   |  5 PagesMany groups of people have experienced disenfranchisement over the years. Some groups included people suffering in political prisons to the of abusement towards the elderly people all over the world. The mentally ill are a part of this vast group of people. Mental illness is any disease of the mind and also the psychological state of someone who has emotional or behavioral problems that are serious enough to require psychiatric intervention. People with different mental disorders are given differentRead More Time Warner Essay1859 Words   |  8 Pagesits status from Disney as the largest media corporation in the world. The company right now, with over 200 subsidiaries world- wide, is becoming fully global with its profits from the USA falling, and its profits throughout the world rising. Globalisation is proving to be Time Warners major asset in beating other competition to the World market. Currently, Time Warner has interests in many different business fields. Music accounts for a large proportion of its income, while not far behindRead MoreSociety’s Most Recent Scapegoat: Video Gaming1637 Words   |  7 Pagesyoung adults, the blame for unfavorable behavior has always had its scapegoat. One of the most recent additions to society’s scapegoats is video gaming. Whether the objective of a given game is to fight crime or cause it, the morality of video games is often questioned and scrutinized by analysts and citizens alike. People like Amanda Schaffer, a staff writer for the Internet magazine Slate, will explain that â€Å"children who are immersed in the world of violent video games may be more likely to getRead More Life of Mozart Essays2866 Words   |  12 Pages Outline I.  Ã‚  Ã‚  Ã‚  Ã‚  Biographical Info A. Early Childhood B. Teenage Years   Ã‚  Ã‚  Ã‚  Ã‚  C. Main Career   Ã‚  Ã‚  Ã‚  Ã‚  D. Late Career II.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Affects and Influences of Character A.  Ã‚  Ã‚  Ã‚  Ã‚  Influences on Other Composers B.  Ã‚  Ã‚  Ã‚  Ã‚  Personality Issues C.  Ã‚  Ã‚  Ã‚  Ã‚  Relationships D.  Ã‚  Ã‚  Ã‚  Ã‚  Music To Boost Brain Power E.  Ã‚  Ã‚  Ã‚  Ã‚  Study of Rats and Mozart F.  Ã‚  Ã‚  Ã‚  Ã‚  Ending Conclusion III.  Ã‚  Ã‚  Ã‚  Ã‚  Assessment and Evaluation A. Greatness of a Man B.  Ã‚  Ã‚  Ã‚  Ã‚   His Ideals C.  Ã‚  Ã‚  Ã‚  Ã‚   Mozart and Saleiri D. The Legacy Lives On. Chapter I Mozart’sRead MoreVedic And The Vedic Age2832 Words   |  12 PagesRIGVEDIC ARYANS 4 TRIBAL DIVISIONS AND WARS 5 POLITICAL ORGANISATION 6 FAMILY LIFE 6 OCCUPATIONS 7 TRADE 7 RELEVANCE OF VEDIC PRACTICES AND CULTURE IN TODAYS WORLD 8 BIBLIOGRAPHY 9 OBJECTIVE The objective of this report is to delve into the importance and study the major features of the Vedic Age and its contribution to today’s world. INTRODUCTION The Vedic period also referred to as the vedic age was that period in the Indian History during which the Vedas, the oldest scriptures of Hinduism

Saturday, December 28, 2019

Smoking Is Harmful Or Harmful Essay - 1721 Words

Abstract: Smoking is obviously harmful to one’s health. The smoke inhaled never leaves the body as it found it. Nicotine in the smoke is very addictive. Engaging in this dangerous act at an early age is far more dangerous to a teenager’s life and trims out at least ten years of their future lives by causing premature deaths. As we take a few steps back into the origin of smoking, the reasons the ancients held for it and the recent effects disclosed related to smoking, it is expected that the teenager will make a solemn decision to either quit smoking or never begin smoking. Ignorance and assumptions are no excuses for the consequent health hazards caused by smoking. Included within this paper are some recommended alternatives for those who on the verge of quitting that may be helpful. Smoking Ever since the evolution of smoking tobacco, numerous and severe damages in the human body and the society at large have been evidenced. Smoking was for so long regarded an adult thing. But that was a few decades ago. Today, smoking is commonly considered a teen or youth thing. It is no longer strange to find teenagers as young as thirteen experimenting with cigarettes and calling it the day’s hot thing to do. As the side effects are continually becoming detrimental not only to their health but also their social and academic lives, the issue of smoking among teens is no longer considered a light matter. The aim of this essay is to explore the issue of smoking beyond theShow MoreRelatedHarmful Effects of Smoking806 Words   |  4 PagesSmoking has become very common and fashionable, especially among young boys. This habit usually begins at school when boys try to experiment with every new thing that they can lay their hands on. Despite the warnings given by doctors about the ill-effects of smoking, people continue to smoke. Smokers are addicted to it, and even if they want to, they cannot refrain from picking up a cigar or cigarette and puffing away. Some youngsters smoke for the sake of society and some feel that would make themRead MoreThe Harmful Effects Of Smoking And Smoking1380 Words   |  6 Pagestime they light a smoke. Some of the harmful effects of smoking include various potentially lethal diseases to the smoker and others exposed to secondhand smoke, the sinful addiction caused by a key ingredient in cigarettes, and social issues smoking causes for smokers and their loved ones. Smoking should be prohibited completely because of the harmful physical and social effects it has on smokers and the non-smokers they associate with. First of all, smoking creates a number of health problems forRead MoreShould Smoking Be Harmful?882 Words   |  4 Pagesdecreasing it is pretty high for something that is deadly. There are poster ads, flyers and TV adds saying to stop smoking or learn how to quit smoking because it can cause Colds, Wheezing, Coughs and asthma as well and that is only the start of smoking. Smoking can be extremely harmful diseases such as lung cancer. 84% of deaths cause by lung cancer comes from smoking cigarettes. Smoking does not help you in any way, it affects your body,. But do people listen to adds they see, not necessarily whenRead MoreHarmful Effects of Smoking2429 Words   |  10 PagesHarmful Effects Of Smoking Smoking isnt good for ones body. Especially if youve been smoking a pack a day, and for a long period of time. But what is the full extent of the effects of smoking on your body? The effects of smoking varies from person to person as it will depend on the persons vulnerability to the chemical in cigarette or tobacco smoke. It will also depend on the number of cigarette sticks a person smokes per day, the age when the person first started to smoke, and the number ofRead MoreHarmful Effects of Smoking1418 Words   |  6 PagesHarmful effects of smoking Doan Thi Huong Thao BAIU08155 International University HCMC Academic English 2 Bien Thi Thanh Mai Instructor May 17, 2010 Abstract Smoking is known to be a primary cause of harmful effects on health, family, environment and society. However, scientist research in health and environment, that researches show that smoking cause many diseases, even lung cancer. An aim of my study has been to determine that smoking also effect on family and society. Results indicatedRead MoreSmoking is Harmful and Dangerous1087 Words   |  4 PagesSmoking is harmful and dangerous for American University in Cairo (AUC) students. Worldwide, tobacco use causes more than 5 million deaths per year (â€Å"Fast Facts†) and this is a large number of smokers that should be decreased. In Egypt, there are 34, 000 deaths each year due smoking, according to the article â€Å"Smoking in Egypt | Egypt Independent†. However, the number of smokers in Egypt is increasing every day and especially among youth. AUC took a first step to protect its students from this dangerRead More Harmful Effects Of Smoking Essay1907 Words   |  8 Pagespeople die because of lung cancer or other tobacco related illnesses. Everyone in the world comes in contact with smoke from a cigarette at least once in their lifetime, whether it is at a restaurant or at work. Millions of people are addicted to smoking, and thousands more become addicted every year. Cigarettes and other tobacco products are everywhere. Most of the addicted smokers started when they were young (Roberts 18). The reason why people get addicted to any type of tobacco product isRead MoreThe Harmful Effects Of Smoking Tobacco1547 Words   |  7 Pages The Harmful Effects of Smoking Tobacco My purpose for writing this paper is to educate the reader of the harms and effects done onto a person from smoking Tobacco and persuade anyone thinking about or attempting to smoke Tobacco to consider the following for your own benefit. I will cover most harmful effects Tobacco has on not only the person using it but also the people around them. I will also show both sides of the argument with both the pros and the cons of smoking Tobacco as well as provideRead MoreThe Harmful Effects Of Smoking Cigarettes964 Words   |  4 PagesTobacco is widely used by people around the world. It’s so addicting that many people cannot prevent themselves from smoking. The reason is because of a toxin called nicotine. Nicotine can be found in all tobacco products. Prior to research, researchers have found that nicotine changes the way the brain works, also when a person smokes tobacco they not only consume nicotine, but also over 600 chemicals including tar, ammonia, acetone, lead, methano l, and more (What s In a Cigarette?). Many ofRead MoreShould Cigarette Smoking Be Harmful?943 Words   |  4 PagesSmoking is growing popular for both the old and the young; it’s a habit which is very unhealthy that increases person chances of lung damage. The smoke from the cigarette enhances the possibility of damaging everybody lungs around you that is called second hand smoke, which kill more people a year than the actual cigarette smoking. While cigarette smoking is harmful to your health, the E-cigarettes have little to no harm on the changes of developing lung cancer or other health issues. Smoking cigarettes

Friday, December 20, 2019

Macro And Micro Of Sweden And United States - 811 Words

Macro and Micro of Sweden and United States What is Macroeconomics? Macroeconomics is the part of economics study that looks at the operation of a nation’s economy as a whole (30). Macroeconomics main focus is the production and consumption in an economy. Economists that specialize in macro investigate the effects of general taxes such as income and sales taxes output and prices. They also study the causes of economic upswings and downturn and the effects of monetary and fiscal point policy on economic wealth. Macroeconomists also determine how interests are determined and why so economies grow faster than others. (Economics) What is Microeconomics? Microeconomics is part of economics study that looks at the behavior of people and organizations in particular markets (30). Microeconomics concern is consumer decision-making and utility maximization. They also look into firm production and profit maximization and individual’s equilibrium. Study the effects of government regulations on individual markets and externalities along with other market side effects. (Economics) The relationship between Macroeconomics and Microeconomics is the production and consumption levels as the result of choice made by households and firms impact the country as a whole. For example, how much we spend as individuals on products ultimately impacts how much we import in order to spend to keep the economy regulating. If we areShow MoreRelatedImproving Electronic Patient Health Record System1675 Words   |  7 PagesThe United States is known to be one of the worst countries in the world in the aspect of health care delivery. Due to its fragmented structure, it is a system that does not â€Å"function as a rational and integrated network of components (that would be) designed to work together coherently† (Shi and Song, 2015, p. 4). One of the major consequences of this fragmentation is high expenditure in the delivery of health care. Why is our health care system so expensive? One of the answers lay in administrativeRead MoreHow Marketing Affec ts My Choice938 Words   |  4 Pagesto the mall. This is a direct way that marketing affected my choice to purchase items from Dillard’s and other outlets from Governor Square mall. 3) Macro views of marketing are identifying and satisfying a good and service for the consumers on a broad scale. This ensures that the products reaches the consumer at the right time and location. For micro views this is on a smaller scale and are mostly used by individual organizations. 5) A recent purchase would be containers from The Container StoreRead MoreBusiness Analysis : Hennes Mauritz2992 Words   |  12 Pages Hennes Mauritz commonly known as HM, was in 1947 a recently inaugurated ladies store in Và ¤sterà ¥s, Sweden. It was originally named Hennes which is Swedish for her s. Hennes saw its name change to Hennes Mauritz in 1968 when the founder Erling Persson captured the premises and stock of a Stockholm hunting equipment store called Mauritz Widforss. The first store that opened outside of Scandinavia was in London, UK in 1976. HM exists in 53 nations and starting 2013, employed around 116Read MoreShould Paternity Leave Be A Mandatory Employee Benefit?1645 Words   |  7 PagesIt Takes Two A brand-new family has just brought home a screaming and crying baby, the best part is that they both have a month off work to love, care, and nurture this newborn into the world while getting paid. Sweden was the first country to introduce paid paternity leave as a mandatory employee benefit, followed closely by the other Nordic countries: Finland, Denmark, Iceland, and Norway. Since its introduction, paid paternity leave continues to make gains, making the Nordics the eye of focusRead MoreAnalysis of Boffis international strategy Essay5901 Words   |  24 Pagesset up allowed this. Table of contents I) Introduction to Boffi†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Page 1 II) Boffi’s strategy†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Page 2 III) Micro environment†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Page 3 1) Porter’s five forces (Italy, France, Japan)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Page 3,4 2) Porter’s value chain†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Page 4,5 3) SWOT, TWOX†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Page 5-8 IV) Macro environment†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Page 8 1) Pestel Italy†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Page 8 2) Pestel France†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Page 9 3) Pestel Japan†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreThe Language Conflict of Norway1158 Words   |  5 Pageswill mainly focus on Status Planning, as we are interested in the social aspect of implementing and using Nynorsk and Bokmà ¥l. Micromacro? Language purification Language revival Lexical modernisation Language Planning In trying to explain the processes of language planning there are several models. We are here focusing on the model made by Einar Haugen. He states in his model that there are four parts of language planning. The four parts are selection, implementation, codification and elaborationRead MoreMicro Macro of Volvo, Swot Analysis of Volvo, Crm of Volvo4774 Words   |  20 PagesHISTORY Volvo Car Corporation is a Swedish  automobile manufacturer, owned by the  Chinese  Zhejiang Geely Holding Group. Volvo Car Corporation was founded in 1927, in  Gothenburg,  Sweden.  Volvo was originally formed as a subsidiary company to the  ball bearing  makers SKP. When Volvo AB was introduced on the Swedish stock exchange in 1935, SKF sold most of the shares in the company. Volvo Cars was owned by  AB Volvo  until 1999, when it was acquired by the  Ford Motor Company  as part of its  Premier AutomotiveRead MoreChapter 2 Worldwide Accounting Diversity18181 Words   |  73 Pagesreporting. †¢ Categorize accounting differences internationally and provide examples of each type of difference. INTRODUCTION Considerable differences exist across countries in the accounting treatment of many items. For example, companies in the United States are not allowed to report property, plant, and equipment at amounts greater than historical cost. In contrast, companies in the European Union are allowed to report their assets on the balance sheet at market values. Research and development costsRead MoreThe Syrian Refugee Crisis Essay2252 Words   |  10 Pages This is the root cause of many of the violent wars and crises that have occurred over thousands of years. In more recent times critical conflicts that have occurred throughout the world have had adverse effects globally. It was estimated, by the United Nations, that at the end of 2013 over 51 million people globally, more than half of which included women and children, were displaced due to persecution, warfare, and violence (Salopek 2015). The Syrian civil war has been a large contributor for thisRead MoreTeenage Pregnancy Rates And The Uni ted States3104 Words   |  13 Pagesshown that U.S. teenagers have (a) high rates of sexual intercourse at a younger age, (b) high rates of sex without contraceptives, (c) high rates of pregnancy, (d) and high number of multiple sex partners in comparison to European countries like Sweden, France, Netherland (Bell, 2009). One of the main reasons for high rates of teenage pregnancy in the U.S. is the continuation of ineffective abstinence based education (Bell, 2009) and not allowing teenagers to make abortion related decisions. In

Thursday, December 12, 2019

Separation of Powers and Rule of Law †MyAssignmenthelp.com

Question: Discuss about the Separation of Powers and Rule of Law. Answer: The doctrine of Separation of Powers andRule of Law are the foundation stone of the Australian Constitution which established the federalist system that governs the Australian citizens (Pozen 2014). The Australian Constitution embraced the features of the American as well as the nuances of the British Colonial System that was brought to the Australian shores upon colonization. The federal system of states is a feature that is analogous to the federal system that is incorporated in the United States. The fathers of the Federation retained the appliance of the Rule of Law to this Constitutional Monarchy with incorporation of the separation of powers incorporated in the Constitution. The concept of the Rule ofLaw states that every citizen is subject to the laws that are enacted by the legislature. The principle was described by A V Dicey according to which Rule ofLaw states that there is an absolute dominance of law as opposed to the influence of subjective power. The people are ruled by law and law alone; a person shall be penalized for violating the law and for nothing else and this principle was also supported in the decision in Chu Kheng Lim v Minister for Immigration. The rule further states that every person is equal before the law and there shall be no exemption of officials or others from obeying the law that governs the other citizens (Michaels 2015). In the context of the Australian legal system, the Dicean Rules of Law are incorporated in clause 5 of the Commonwealth of Australian Constitution Act (Imp) 1900) according to which the Act and the laws made by the Parliament under the Constitution shall have a binding effect on the courts, judges and people of every state and of every part of the Commonwealth. Further, the significance of Rule of Law is demonstrated in the constitutional case of S Others v Hayden Others [1984] where Justice Murphy J noted that the Federal Executive Council, The Governor-General and every officer of the Commonwealth are bound to follow the laws of the land. The principle that government is ruled by law and not by men can be explained through the definition given by Aristotle. According to him, government can be of three forms and they are distinguished according whether such government is by one, by a few or by many, that is, monarchical, aristocratic and constitutional. All the forms of government aim at common good. Aristotle asserts that whoever fears monarchy would prefer for the law to rule instead of any citizens as law is rational (Bellamy 2017). Unlike men, law is wisdom without desire and when men seek for what is just, they usually seek for what is impartial as well. Under the constitutional form of government, written laws would have more significance as the government must proceed in an organized form. The laws regulate the manner magistrates should govern and safeguard citizens against those who contravene them. Hence, if there is a coincidence of the rational, divine and the just, it is usually found in the Constitution. The doctrine of Separation of Powers is fundamental to the Rule of Law in the Constitutional system of Australia. Dicey, gave more importance to the three features that is essential to the Rule of Law: the need to curtail the discretionary powers that are conferred upon the government officials in the interests of certainty; the significance of equality before the law and the capability to seek remedy in independent courts if the government acts unconstitutionally. The doctrine of separation of powers states that the government has three essential branches- the legislature, the executive and the judiciary that must function separately and their respective powers should be mutually exclusive. This Federal concept of separation of powers was influence by Locke and Montesquieu who differentiated between these powers and played a significant role in developing the Constitution of the United States. Article XXX in the first part of the Constitution of Massachusetts 1780 states that in the Commonwealth government, the powers of the legislative, the executive and the judiciary are separate and one branch cannot exercise the power of other two branches (Nonet 2017). The need of controlling the wide powers conferred on the executive is dealt with under delegated legislation. It is obvious that the legislature must be able to delegate legislative power to the executive because of convenience and reasonability. For instance, if the executive is given a blank cheque to determine the fundamental policy, the government under the law shall be threatened. It is a fact that executive and legislature in a parliamentary system of government cannot be completely separated but the scope of the doctrine states that there must be a limit on the extent to which the legislative power may be exercised by the executive. If law must restrain power, it is not sufficient that the authorized statutory rules exercise power and the government officials abide by the rules enacted by the Parliament. The courts must ensure that it enforces the statutory limits that govern the exercise of executive power. In the context of the Australian legal system, there are differences in the recognition and application of the doctrine of separation of powers between the state sector and the federal sector. In the federal sector, there is a separation between the Judiciary and the Executive which is enshrined in the Australian Constitution under Chapter III. According to Chemerinsky (2016), High Court, federal courts have discretionary powers and are strongly recognized for its association with the High Courts of Australia. Under Chapter III, the Australian Constitution have safeguarded the judicial independence whenever the Executive and the Legislature considers reforms that have an impact on the judicial liberty. However, there are strong constitutional differences between the state and federal sectors where the Constitution guarantees judicial independence of federal judges under section 72 that is supported by section 128 that requires a double majority in a referendum to alter a position in the Constitution. But the judicial independence of state judges does not have any such analogous support. Judicial independence entails a stringent interpretation of the constitution where the judges decide cases fearlessly, impartially and fairly. However, the judges believe that the Executive branch plays a significant part in ensuring delivering of judicial independence. The executive perceives the judiciary as a means that creates certainty within the state by resolving disputes between individuals (Watts 2015). The legislature perceives the judiciary as the statutory interpreter of the laws enacted by the parliament. Since the judiciary safeguards the right of the citizens and maintaining impartiality is essential for the role played by the judges while administering justice, it is highly imperative that the powers exercised by the judiciary remains to be exclusive unlike the legislature and the executive branch, judiciary is not about populism (Barnett 2014). When citizens require protection from the acts o the state or have a dispute with another citizen, it is the fearless and impartial decision-maker that treats every individual equally before the law as contemplated under the Rules of Laws and administers justice. References Barnett, R.E., 2014.The structure of liberty: Justice and the rule of law. OUP Oxford. Bellamy, J.A. and Brown, A.J., 2013.Federalism and Regionalism in Australia: New Approaches, New Institutions?(p. 229). ANU Press. Bellamy, R. ed., 2017.The rule of law and the separation of powers. Routledge. Chemerinsky, E., 2016.Constitutional law. Wolters Kluwer Law Business. Chohan, U.W., 2017. What is a Charter of Budget Honest? The Case of Australia.Canadian Parliamentary Review,40(1). Douglas, J., Atkins, E. and Clift, H., 2015. Judicial Rulings with Prospective Effect in Australia. InComparing the Prospective Effect of Judicial Rulings Across Jurisdictions(pp. 349-358). Springer International Publishing. Gaze, B. and Smith, B., 2016.Equality and Discrimination Law in Australia: An Introduction. Cambridge University Press. Gil-Garcia, J.R., Zhang, J. and Puron-Cid, G., 2016. Conceptualizing smartness in government: An integrative and multi-dimensional view.Government Information Quarterly,33(3), pp.524-534. Michaels, J.D., 2015. An Enduring, Evolving Separation of Powers.Colum. L. Rev.,115, p.515. Nonet, P., 2017.Law and society in transition: Toward responsive law. Routledge. Pozen, D.E., 2014. Self-Help and the Separation of Powers.Yale LJ,124, p.2. Watts, R.L., 2015. Comparing Federal Political Systems.Understanding Federalism and Federation, p.11.

Wednesday, December 4, 2019

Contract law of text cases and materials - Myassignmenthelp.Com

Question: Discuss about the Contract law of text cases and materials. Answer: Issue The legal issue which have been identified in this case is that whether all essentials of a valid contract have been met or not in relation to the agreement between David and his father for a rent lease Rules There are four most essential elements of a contract which are to be applied to this case study for the purpose of analyzing the issue. These are the elements of offer, acceptance, intentional to create a legal obligation and consideration. Offer As defined by McKendrick (2014) an expression made by one party to another to bind them to its terms legally is known as an offer[1]. There are several criteria for analyzing whether a valid offer has been made or not. These criteria have been mainly formulated to distinguish between an offer and invitation to an offer. An offer has to compete in the context of the transaction. For instance an offer in relation to the sale of goods must contain terms like price, quality, date of delivery of the goods and validity of the offer. In case such terms are not present in an offer it would be incomplete and be regarded as an invitation to treat as it was in the landmark case of AGC (Advances) Ltd v McWhirter[2]. Acceptance The next stage which is used to analyze the formation of a valid contract after a valid offer has been identified is the element of acceptance. Only a person who has been provided with the offer has the legal right to make an acceptance. There are several requirements which need to be met in order to establish that the acceptance is valid. Firstly the acceptance has to be unequivocal or unchanged. The terms of the offer has to be accepted completely by the acceptor. In case there is any alteration other than mere request for information then it would be considered as a counter offer which would defeat the original offer[3]. In addition an acceptance has to be communicated to the person who has made the offer in the specific form if any which has been provided by such person. The concept in relation to acceptance has been provided in the case of Hyde v Wrench[4]. Intention to create legal obligation No contract can be formed unless there is an intention between the parties to the agreement to make the agreement legally binding upon each other. However whether such intention was present when the contract had been entered does not depend upon what the parties provide about it, rather it is analyzed objectively by the court[5]. Thus intention of the parties in a contract is objective rather than subjective. The concept had been discussed in the case of Carlill v Carbolic Smoke Ball Company[6]where it was ruled by the court that in order to determine presence of intention in an agreement a seasonable person is placed in the position of the plaintiff and then it is analyzed that whether such person would have reasonable assumed that intention of the other party is present in the contract. Intention is one of the most vital and complex element in relation to the formation of a valid contract. Where there is an agreement between the parties who are related to each other it is deemed that such an agreement lacks the intention of creating a legal obligation as it has been stated in the case of Balfour v Balfour[7]. On the other hand in case of commercial agreements it is deemed that there in an intention to create a legal obligation in relation to the parties as stated in the case of Jones v Vernons Pools[8]. However both the assumption can be rebutted if proper evidence is provided by the parties which are able to provide that the intention is present or absent respectively as discussed in the case of Merritt v Merritt[9]. When it comes to a lease of a property the agreement entered upon by the parties to the contract has to be in writing for the purpose of being legally enforceable by courts[10]. A contract may be oral or in writing, however a contract to lease cannot be executed if it is not recorded in writing. These principles had been discussed in the landmark case of Lensen v. Lensen[11]. Doctrine of Part Performance The case had also discussed the doctrine of part performance which is an exception to this rule. This is a form of equitable doctrine which has been incorporated into common law in order to provide protection to a party who has done a significant performance in relation to a contract which has not been signed. In case it has been found that a party to the contract has performed a considerable act in relation to the contract which has not been formally completed, the contract is found to be fully executable if the agreement was complete between the parties. Application In the given situation it has been provided that David Lord wants to start a tax consultancy. In order to pursue such wishes he has told his father about his aspirations. This can be treated as an invitation to an offer. In the context of the invitation his father (Lan Lord) has made an offer to him towards renting one of his properties at half the rent. The offer has been accepted unequivocally by David and such acceptance has been communicated to his father. In the given situation it can be said that the elements of offer and acceptance has been met. It has been provided by the case that Lan has provided his property to David at half the cost. In relation to the rules of consideration it has been stated that a consideration has to be present in the contract even if it is less. The consideration (Half rent) is therefore present between the agreement between Lan and David. It has been discussed in the above rules that when there is a domestic agreement intention to create a legal relationship is said not to be present. However as per the case of Merritt v Merritt the presumption can be rebutted and the onus of proof is on the person who asserts that the intention is present. In addition it has been discussed above that the intention of the parties to an agreement is determined in an objective manner rather than subjective. In the given situation any reasonable person placed in the position of David would assume that there in an intention of creating a legal obligation on the part of Lan based in the nature and context of their agreement. This is because if it was a domestic agreement there would have been no question of a lease formation or a rent. Therefore it can be said that intention to create a legal obligation is present in relation to Lan for the rent lease. Form the above discussion it is clear that all elements of a contract had been established between the David and Lan which are offer, acceptance, consideration and Intention to create legal obligation. However according to the statue of fraud it has been stated that a contract for the lease of a property has to be in writing. It has been provided through the scenario that the although a lease agreement has been formed it has not been signed and executed by the Lan who kept of delaying it. Thus it can be stated that a valid contract has not been formed between the parties and the assertion of Lan that there is no contract between them as the lease has not been signed is correct. However, it has been discussed above that there is an exception to the rule provided by the statue of fraud which is the doctrine of part performance. In the given situation there had been several attempts made by David to ensure that the lease is signed. However the lease was actually not signed by Lan. The court in order to apply the doctrine of part performance in this case has to analyze that there has been some performance done by David in relation to the lease agreement. It has been provided by the scenario that the property in context required modification in order to be suitable for Davids use. David has received a quotation of$25000 in relation to such modification. He approached Lan to sign the deal but he was told by Lan to carry on with the modification and the lease would be signed later by them. Accordingly, David carried out such modification paying for its cost. In the given situation as discussed by the case of Lensen v. Lensen the doctrine of part performance would intervene. This is because David has carried out a significant act in relation to the contract. Thus the court would rule in favor of David and make the contract executable legally even where it has not been signed. Conclusion Therefore although there would have not been a contract between David and Lan based in the principles of statue of fraud, the doctrine of part performance would intervene and the case would be ruled in favor of David. Bibliography AGC (Advances) Ltd v McWhirter (1977) 1 BLR 9454. Andrews, Neil.Contract law. Cambridge University Press, 2015. Balfour v Balfour [1919] 2 KB 571 Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 Hyde v Wrench [1840] EWHC Ch J90. Jones v Vernons Pools [1938] 2 All ER 626. Lensen v. Lensen, [1987] 2 S.C.R. 672 McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Merritt v Merritt [1970] EWCA Civ 6. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Willmott, Lindy, et al. "Contract law." (2013). [1]McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. [2] (1977) 1 BLR 9454 [3]Poole, Jill.Textbook on contract law. Oxford University Press, 2016. [4] [1840] EWHC Ch J90 [5]Willmott, Lindy, et al. "Contract law." (2013). [6] [1893] 1 QB 256 [7] [1919] 2 KB 571 [8] [1938] 2 All ER 626 [9] [1970] EWCA Civ 6 [10]Andrews, Neil.Contract law. Cambridge University Press, 2015. [11] [1987] 2 S.C.R. 672