Foodservice Industry Essay

The foodservice industry is complex, fast growing, and ever changing. Many factors affects its growth and status, including socioeconomic conditions, demograpic shits, and the changing food habits and desire of the America people. Being alert to these changes will help foodservice managers adapt their operations to meet the demands of the times. Foodservices with similar characteristics are grouped as prticular types of production are grouped as particular types of production or operating system. Each of the four types of foodservice operating systems found united states today is described with its identifying features, advantages and disadvantages. The typical foodservic organizations that use each types are also identified. This description should provide a basis for managers to decide on the type of operation suitable for a particular situation. The system differ in where the food is preparedin relation to where it is served, the time span between preoparation and service, the forms of foods purchased, methods of holding prepared foods and the amount and kind of labor and equipment required. The types of foodservice system is conventional, ready- prepared, commisary and assembly system. Introduction of Conventional system As the name implies, the conventional system has been used traditionally throughout the years. Menu items are prepared in a kitchen in the same facility where the meals are served and held a short time, either hot and cold, until serving time. In earlier years all preparation, as well as cooking, took place on the premise, and foods were prepared from basic ingredients. Kitchen included a butcher shop, bakery,and vegetable preparation units. Over the year a modified conventional system has evolved because of labor shortages, high-labor costs, and the avaibility of new form of food. To reduce time and labor costs, foodservice managers began to purchase some foods with ‘’built-in’’ labor. Butcher shops, in which meats were cut from prime cuts, and bake shops are gone from the most ‘’conventional’’ kitchen today. Meats are now purchased ready to cook or portion controlled: bread and many bakery items are purchased from a commercial bakery or prepared fro mixes: and produceis available in prepeeled, cut, frozen, or canned forms, all of which reduce the amount of production and labor required on the premises. Foods with varving degreesof processing are now used in conventional foodservice systems. This system is most effective in situations and locales where the labor supply is adequate and of relatively low cost :where sources of the food supplies, especially raw foods, are readily available: and when adequate space is allocated for foodservice equipment and activities. Typical users of the conventional system are smaller foodservice operations such as independent restaurants, schools, colleges, hospital and health care facilities, homes for specialized groups, and in-plant eployee feeding. Advantages and disadvantages of conventional system The conventional system has many advantages. Quality control is considered of primary improtance. Through the menu, recepis, and quality of ingredients selected by the manager, the foodservice achives its individuality and standard of quality desired. It is not dependent on the availability and variety of frozen entrees and other menu items commercially prepared. This system is more adaptable to the regional, ethnic, nd individual preferences of its customers than is possible with other systems. From an economic standpoint, greater flexibility is possible in making menu changes to take advantages of good market buys and seasonal fluctuations. Also, less freezer storage space is required than with the other systems, and distribution costs are minimal, both of which save on energy use the costs. Disadvantages The conventional system produces an uneven, somewhat stressful workday caused by meal period demands. Because the menu differs each day, the workloads vary, making it difficult for workers to achieve high productivity. Skilled workers may be assigned tasks that could be completed by nonskilled employees just to feel their time between meals periods. When three meals a dayare served, two shifts of employees are required to cover the 12 to 15 hours or longer workday. Schedulling workers may be difficult with overlapping shifts.

Essay Horse Meat

The main problem out of the horsemeat scandal around Europe, according to specialists, (SOURCE) is not the threat to human health but more an issue of business ‘insecurity, as even major brands such as Nestle, Burger King and Findus fail to meet the high standards their consumers expect by selling different products than those specified in the labels and promotion of their brands (SOURCE).Other problem is the lack of efficient traceability along the complex supply chain for meat, where unscrupulous vendors substitute beef for horsemeat taking advantage of the lowest price and the fact that so many intermediates involved in the process does not make it easy to find a single responsible. The fact of this horsemeat scandal bursting in more than twelve countries in the European Union makes it compulsory to look over more strict global regulations for meat products, regarding production, transit and labeling.The problem is that food-safety regulations do exist but they are establish ed by national governments and easily get lost in the imports/exports activities, as there is still no formal legislation regarding the whole EU (SOURCE). â€Å"For processed foods, there is no global overview on where the food comes from,† says Monique Goyens, general director of the European Consumer Organization (Matlack, pg. , 2013). LabelingThe Food Standards Agency (FSA), from the UK, is an organism in charge of monitoring food safety and hygiene covering all the food supply chain, from slaughterhouses to final caterers. Their responsibilities cover: animal welfare, food safety and hygiene, labeling, nutrition, and law enforcement across the UK. (SOURCE http://www. food. gov. uk/about-us/about-the-fsa/#. UTT5GaKQU8o). In this way, one of its main objectives is to ensure costumer? s and business? safety by offering information and guidance upon best practices and legal regulations.Following information retrieved from FSA website, it is found that the European Parliament approved a new Food Information for Consumers Regulation (FIR) in July 2011, which should apply to all member estates within the EU (SOURCE); this information has been published in the Official Journal of the EU although transitional arrangements are being made at the moment, which means that these regulations won? t legally apply until 2014. The objective of the FIR, as Chapter I, Article I from the Official Journal describes, is o establish the requirements governing food information for suppliers, focused on labeling, in all the stages of the food chain to ensure the right of consumers to information and safe food (Official Journal of the EU, 2011, pg. 24). In this way, very specific information about labeling legislation can be found in Chapter III, about General Food Information Requirements and Responsibilities of Food Business Operators, as article 7 on Fair Information Practices reads: â€Å"1.Food information shall not be misleading, particularly: (a) as to the characteris tics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production; (b) by attributing to the food effects or properties which it does not possess; (c) by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasizing the presence or absence of certain ingredients and/or nutrients; d) by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient. â€Å" (Official Journal of the EU, 2011, pg. 27) As for the case of prepared meals (including frozen), where meat is just an ingredient among others, article 18 specifies: â€Å"1 . The list of ingredients shall be headed or preceded by a suitable heading which consists of or includes the word ‘ingredients’.It shall include all the ingredients of the food, in descending order of weight, as recorded at the time of their use in the manufacture of the food. † (Official Journal of the EU, 2011, pg. 30) It is also stated, in accordance to the Treaty on the Functioning of the European Union (Article 114) that the indication of origin is mandatory for beef and beef products in the Union? s effort to follow the bovine spongiform encephalopathy crisis, which has increased consumer? s expectations (Official Journal of the EU, 2011).The EU Parliament believes it is compulsory to impose this declaration also to other well-consumed types of meat such as swine, sheep, goat and poultry. Still, they are many gaps left open as for horsemeat matters and the efficient application of the laws mentioned above during the transitional period for the establishment of the new FIR. When a food information law is introduced with new requirements, it is said that a transitional period should be granted for businesses and supplier to adapt to this new legislation.In the case of the new FIR, which was accepted in July 2011, the grace period will last until 2014. In the meanwhile, suppliers not complying with the new legislation are authorized to take out their products and labels to the market and stay there until they? re exhausted, even if the grace period is over before that occurs. (Official Journal of the EU, 2011) Nevertheless, much of these requirements already existed and were applied for national governments before the horsemeat scandal, ignoring EU? legislation and passing over â€Å"law enforcements† even from specialized food safety agencies like the FSA in the UK. Traceability and business? responsibility Meat passes through a very large chain of suppliers, where the priority is to get meat for the lowest price possible. With t he interest of getting more money and the vague, not enforced legislation, it seems easy to suppliers to sell less quality or different product s as what their consumer? s would like to buy.Consequently, in cases like the horsemeat scandal that Europe is facing, a responsible for the offence is hard to find. Still, it is fair to say that much of the responsibility relies in every business involved in this fraud, for letting unscrupulous suppliers and products inside their market on to their customers. Even if there didn? t exist any laws applied to this, it is the business? social responsibility to ensure that whatever is in their shelves for sale is safety and trustable.It is their duty, as responsible vendors, to do deep monitoring and recording requirements of the products and suppliers they work with every certain period, to ensure the quality and prestige of their brand and keep a track of where their products come from to ensure safety. Matlack, C. writes for the Bloomberg Bus inessweek Journal (February 2013) that frozen â€Å"beef† meals sold to Britain, Sweden and France supermarkets, were prepared in a Luxembourg factory who bought the meat from another French supplier, who got it from a Cyprot trader, who bought it from a Dutch trader, who obtained the meat from a Romanian slaughterhouse.None of them suppliers admit to know it was horsemeat what they were selling. Four different countries interfered in trading vast quantities of meat across national borders; bad supervision at any stage made it all went wrong. Since 2004, the General Food Regulation should be followed by all businesses and consumers interested in safety regulations for their foods regarding imports and exports, traceability, labeling and withdrawal of products.This regulation was approved by the FSA and the European Parliament and Council, is extended throughout Great Britain, and established the European Food Safety Authority (General Food Regulation, 2004). Within this docum ent, the following is established: (a) Articles 11 and 12, on imports and exports: â€Å"Food imported or exported into or from the EU to be placed in the market shall comply with the requirements of food law recognized by the EU, unless the importing country requests to follow other law and regulations†. (b) Article 14 which prohibits the placing of unsafe food on the market; c) Article 16 in so far as it prohibits labeling, advertising or presentation of food from misleading consumers; (d) Article 18 on traceability in so far as it imposes obligations on food business operators; (e) Article 19 which imposes obligations* on food business operators to act where food is not in compliance with food safety requirements. *Keep records of food, food substances and food-producing animals supplied to their business, and also other businesses to which their products have been supplied (General Food Regulation, 2004, pg6).

Learning from Your Life Story

MGMT 614 Short Writing Assignment #1 Learning From Your Life Story Aashima Mutneja Gamma 5 Date of Submission: 22nd Jan, 2013 A. Think back over all of the leadership experiences in your lifetime. Choose the leadership experience of which you are the proudest. In this exercise, put yourself back in that time and describe it as if it were happening to you right now. Describe your proudest leadership experience, starting with the specific events. Consider the following questions in your description: What happened? What was the history or climate of the organization/group you were in?What triggered the experience? What caused you to step up and lead? What was the outcome? What changed in the people in the organization as a result? How did you feel†¦ Before stepping up to lead? When you first stepped up to lead? When facing the challenges of the situation? After the results were in? (Do not limit yourself on space for this section. ) Proudest Leadership Experience I graduated from t he University of Mumbai in 2009 with a lucrative job offer as a financial trainee for one of the leading financial software companies in India.Additionally, I was fortunate that few of my close friends were going to join the firm along with me. However, few weeks before our official start we were notified of an indefinite deferment in our joining date. Most of us were finance enthusiasts and were disheartened at this development. We faced a series of disappointments as we tried to find a financial position at the peak of the financial crisis with no prior finance experience or education. Most of us eventually joined jobs related to our major in industrial engineering. However not being able to switch to finance added a lot of dissatisfaction in our current roles.My key strength, as pointed to me by the MBA program is restorative which means to have an innate knack of solving problems quickly and efficiently. I couldn’t agree more with this analysis and true to my nature I qui ckly started gathering and analyzing information related to careers in finance. I reached out to industry professionals and understood that the most desired qualification for finance professionals was a CFA charter. This answered my question on how to break into the field of finance. A CFA certification required passing three extremely difficult examinations, which meant grueling late night studying.I understood that the process would be highly stressful and hence decided to form a study group to ensure that there was a level of discipline, focus and support as we decided to endure this demanding journey. My next challenge was to convince people to get on board. My first choice was to approach my finance oriented friends. As expected, most of them were uncertain about the time and commitment required for this examination. The plan was to finish each level within six months as opposed to 12 months suggested by the program.I understood their apprehensions and tried to address all thei r questions and concerns patiently. To convince them to agree to give the CFA, I knew I would have to show them the benefits of holding a CFA charter. So I arranged a meeting with one of the CFA charter holders who got us excited about CFA and we started our journey towards a charter. My next challenge was to bring discipline and a routine to our studies. Exhausted after long hours of work, I kept the enthusiasm high by reminding them about the final result or simply by taking more frequent coffee breaks.Even though we finally established a routine, the frustration of studying and working together was taking a toll on all of us. Compromising on time with family and friends, missing out on our favorite activities including watching our favorite games, made us question if it was even worth it. At that time the only question I asked to myself was if not finance than what? I couldn’t imagine myself doing anything else, I was confident that this was the career option that best fit my interests and skills. I felt that my nner drive and perseverance was an inspiration to my friends and we fed of each other’s energy to carry forward. After twelve months of extreme hard work, we cleared two levels of the CFA examination as planned and the final third level twelve months after that. Fortunately, after completing two level of CFA all of us were able to secure a respectable job within the financial services space. I did not receive an award for it and maybe it did not make a difference to anyone else’s life. However I had the determination and focus to make a difference to my life.I could lead change within me and those around me. It has been one of the most difficult and challenging phase of my life but I have also felt the most driven and alive in those moments of struggle. This was my first real experience with leading others and me towards a goal. B. What things did you just learn about your leadership as you told that story? 1. Accountability 2. Patience 3. Self-discipline C. What leadership qualities did you bring to that leadership experience? 1. Determination 2. Patience 3. Focus 4. Initiative 5. Passion D.How did those qualities contribute to the outcome? Link an outcome to each of the qualities you listed above. Leadership Quality| Its Effect on the Outcome| 1. Determination| It helped me to stay focused on the goal during difficult times| 2. Patience| It helped me to adjust with different personalities and try to understand their perspective while trying to achieve an outcome in a team setting. | 3. Focus| It helped me rise above a disheartening situation and start developing the action plan to achieve my goal. | 4. Initiative| It helped me take actions to change he current state of affairs for the better and encourage guide other people to do the same. | 5. Passion| It helped me be determined and focused during difficult times and also made the entire process enjoyable and the final outcome worth the effort. | E. Now , be your own mentor. Turn back to the story again and look at it from the perspective of what you know now. If you were mentoring yourself at that time, what advice would you give? Mentoring Advice In retrospect, I would advise myself to be more composed as I work towards my goals.I was focused and determined but compromised on my lifestyle, which I feel would not be sustainable in the long run. Having spent twelve months under constant stress and pressure made me lose sight of the bigger picture and made me a more paranoid person in general. I heard time and again during those trying times to â€Å"take it easy† as it was not the end of the world, while I would advise myself to stress myself too much, I would not like to have a â€Å"take it easy† attitude. I struggle to find the right balance of working and relaxation; a key component of a happy and successful life.

EDU 636 DB4 Essay Example | Topics and Well Written Essays - 500 words

EDU 636 DB4 - Essay Example Books are not enough anymore due to advances in technology (Brooks, 1949, p.8). This report would discuss some appropriate instructional media for each level of Bloom’s cognitive domain. The first level is knowledge which is often used to recall information or data. The instructional media appropriate for this level are graphics, charts, photographs, and charts. Using symbols can be very helpful in assisting learner’s to recall valuable information. For example, pre-school children can effectively match a word with a certain object or symbol. The suggested media would not take the place of the teacher but only act as an aid or additional resource for learner. The second level of the cognitive domain is comprehension which involves interpretation of information such as following instructions, rewriting information or explaining in one’s own words material that has been read. Audio media such as podcast or student presentation can help learners realize this cogniti ve domain. If a student can make a power point presentation of a report in class that is very informative, then comprehension is achieved.

Knowledge Management Essay Example | Topics and Well Written Essays - 1000 words

Knowledge Management - Essay Example The paper talks about knowledge management that has been developed as a tool as well as an effective strategy that focuses on using of data, information and knowledge among the people in an organization. It therefore concentrates on creating, sharing and utilizing the data or information that are either stored in database or documented in scripts or papers, and converting them to useful forms of knowledge for the benefits of the organization. Data is un-processed information, and when these are gathered, analyzed, interpreted and recorded in documents or database, it becomes information. Knowledge occurs when people gain information and are processed for the use of them in the organization. For several years, organizations have been solely depending on documents for recording and analyzing the data as well as information, but in recent years, technologies have got major significance and roles in the knowledge management landscape due to the advances in information technology. Tacit a nd Explicit knowledge are common terms in knowledge management literature. Knowledge can be classified as either explicit or tacit. This classification is based on where the data, information and knowledge are stored. According to this classification, knowledge management is a process of storing and making them used for the business throughout the papers, documents, data base as commonly referred as explicit knowledge. Information and knowledge that exists in people’s mind are known to be part of tacit knowledge. ... Tacit and Explicit knowledge are common terms in knowledge management literature. Knowledge can be classified as either explicit or tacit. This classification is based on where the data, information and knowledge are stored. According to this classification, knowledge management is a process of storing and making them used for the business throughout the papers, documents, data base as commonly referred as explicit knowledge. Information and knowledge that exists in people’s mind are known to be part of tacit knowledge (Noe, p. 170). Knowledge that are stored in computers assisted by certain specially built software are very similar to that of tacit knowledge, despite the fact that they are commonly referred as explicit, because they can easily be processed than that of papers or documents. Though both papers and technology data base together are known as explicit forms, technology has made tremendous changes and brought greater conveniences in the field of knowledge managemen t, because technology made knowledge management an easy process. Tacit knowledge is more valuable and possesses greater significance in terms of its effectiveness to business, because knowledge that exist in people’s mind can easily be processed, transferred, shared and converted to more useful forms. People may need more efforts in identifying suitable information from the documents or computers, analyzing them, summarizing and interpreting and finally using them for the business purposes. In short, knowledge management comprises of creation, sharing and using of information and knowledge, that are stored either in papers, documents, database or

Case Study The global pharmaceutical industry Coursework

Case Study The global pharmaceutical industry - Coursework Example Consequently, the pharmaceutical market acquired some remarkable character. Management was in the hands of medical practitioners while patients and payers had little awareness or authority. Thus, medical practitioners were inconsiderate to the costs however receptive to the sales endeavors of individual agents. This made possible several 'me too' drugs to realize significant profits on investment. It resulted in imitating well-known medicines that cut R&D risk considerably, while the market- place was exposed to products offering slight advantages for example a more suitable dosage type or fewer side effects, although with much the same beneficial effect. There were two major developments in the 1970s in the pharmaceutical industry. Firstly, the Thalidomide tragedy in sickness caused birth defects, initiated much tighter regulatory rules on clinical trials. Secondly, laws were endorsed to establish a permanent period on patent protection - usually 20 years from first report as a research invention. This produced the emergence of 'generic' drugs. Generics however have precisely the same dynamic constituents as the original brand, and vie on price. The influence of generic application is exemplified by Bristol Myers Squibb's brand Glucophage, a cure for diabetes, which produced US sales of $2.1bn in 2001. After the termination of the patent in January 2002, brand sales fell to $69m for the first quarter. Generics legislation had a significant influence on the industry, providing motivation for improvement and for a competitive market. The time during which R&D costs could be recouped was drastically curtailed, putting upward pressure o n prices. The introduction of generics, however, was very beneficial for society: valuable medicines became extremely cheap. Indeed, health economists have estimated that the social returns from pharmaceutical R&D exceed that appropriated by firms by at least 50 to 100 per cent. By the end of the 1970s generic entrants and more stringent controls on clinical trials had led to substantial increases in R&D spending. Pharmaceutical Industry Environmental Forces: An Introduction The pharmaceutical industry is remarkable in that a number of countries of the world are dependent on a 'monopsony' - there is in fact only one dominant buyer i.e. the government. In the 1980s, governments all

Beijing china Essay Example | Topics and Well Written Essays - 1000 words

Beijing china - Essay Example These signs of Beijing being the cradle of civilization made many travelers to visit the city, considered the capital of the East’s civilization. This speech intends to give you overview information on Beijing, so that you may appreciate not only the role of the city in ancient civilization but also its central role in shaping the economy, politics, culture and social spheres of modern civilization. In this speech, Beijing’s history, location, population, administration, economic development, education, health, culture religion language hotels, climate, travel tips, transportation shopping and nightlife are explored. This information is not only important for visitors to the city such as international students but also to local students interested in the rich history and economic development of the city. Fact about Beijing In Chinese, Beijing means the city to the north. As mentioned earlier, Beijing’s history can be traced to more than eight centuries ago, durin g the Jin Dynasty (1115-1234). Built as Beijing by the Jin Dynasty, the city would later be named Zhongdu, after being seized by Mongol armies in 1215 (Li et al., 2007). The city was later renamed the Great Capital (Dadu) by the Yuan Dynasty (1271-1368). The Ming Dynasty (1368-1644) later renamed it Beiping, the Northern Peace on August 2, 1368 (Tourbeijing.com, 2012). From this brief history of the city, it is clear that despite Beijing being started by the Yuan Dynasty (1271 - 1368), it was actually immensely reconstructed during the reign of the Ming and Qing Dynasties (1644-1911). After these two dynasties, the city was transformed into an architectural masterpiece and emerged as the undisputed capital of the Chinese empire. Beijing’s location is the other aspect of the city worth knowing. Generally, Beijing covers approximately16, 800 square kilometers with 38% of it being flat land and 62% mountains. It is located 40 degrees north latitude and 116 degrees of longitudes (Tourbeijing.com, 2012). It is to the northern parts of China and borders Hebei Province to the north, west, south, and to a small extent, the east. It borders Tianjin Municipality to the southeast. As of 2009, Beijing’s population was 20 million people with about 5 million living within the city center and the rest on the peripheries. For administrative purposes, the city is divided into two counties and fourteen districts with Fengtai, Dongcheng, Chaoyang, Haidian, Xicheng and Shijingshan being closer to the city while Tongzhou, Pinggu, Mentougou, Shunyi, Changping, Daxing, Huairou and Fangshan are on the outskirts. Economic Development, Health and Education A speech on Beijing would not be complete without mentioning the city’s economic development since its emergence. Of particular importance is the economic development of the city since the mid-20th century. In this period, Beijing transformed from a consumer city to a major industrial and global city. Currently, it does not only rank among the centers of power in China; Beijing is among the top Chinese investment hubs. In fact, with the current reforms in China, Beijing has managed to open up to improved urban construction. This development record saw the city host the Olympics Games in 2008 during which Beijing

Assignment 6 Essay Example | Topics and Well Written Essays - 250 words

Assignment 6 - Essay Example At their back are puppeteers, a representation of establishments who are casting shadows on the wall, where the prisoners can now experience the actual form of reality. They are inherently mistaken for reality. This is because the puppeteers behind the prisoners are using objects to cast shadows in front of the prisoners who are cannot turn back their heads as a form of reality to them. The prisoner is forced to face the fire after being released and the objects that to him once dictated reality to him, now show forms of reality that is accepted. This development indicates that what is perceived to be reality ever since we are born is untrue based on the grounds of imperfect interpretations or reflections of reality (Gaarder 81). This Allegory is a representation of a complex model in which we travel in our lives to reach the understanding of realty. The progress in the development of human represents our own path to finish the awareness in which the realty and the false will reach. The story presents a special view in which reality plays in our lives, and how a person understands. The mankind is stuck in the cave through their own ignorance, believing that what is before them is reality. They do not seek the knowledge of their senses, but instead look beyond their senses to find the underlying causes of things. Rene Descartes presented the idea that, he could not trust his senses and all he thought to be existing should be doubted. He gave three examples to his skepticism. First, is the deception of the senses as they deceive him, the deception of a dream which he termed as false experiences, and lastly the deception of God as an evil demon that is able to trick him as to what he experienced is real. Although many philosophers have found skeptical arguments as false, I think the dreaming argument can stand out to be real. It discredits sensory beliefs. So the dream argument is skeptical. For example, one may lie in bed and get

Crimminal justice Essay Example | Topics and Well Written Essays - 500 words

Crimminal justice - Essay Example And, Article III ensures both federalism and separation of powers by providing a mechanism for the Supreme Court to put forward guidelines for the lower courts. It is pointed out that â€Å"the Constitution clearly does limit in important ways congressional power to shift ultimate judicial power from federal to state courts† (Amar 271). Additionally, there are mechanisms such as â€Å"the case or controversy requirement, also called the â€Å"justiciability† doctrine, includes more specialised notions of ripeness, mooteness, and standing to sue, and prohibits consideration of constitutional issues except as a necessary incident to the resolution of a concrete â€Å"case† or â€Å"controversy† (Brilmayer 297). Also, judicial precedent is one of the constitutional provisions for ensuring coherence in the praxis of criminal justice in the United States. The doctrine of judicial precedent in America is closely linked to other constitutional provisions such as the hierarchy of courts, separation of powers, judicial supremacy and the ideology of judicial adjudication. The interpretative nature of judica precedent is based on the fact that â€Å"judicial outcomes are fundamentally indeterminate† (Shapiro and Sweet 122). However, judicial precedent functions in all direction as all courts have to refer at each other decisions on criminal justice of similar type irrespective of the court hierarchy. It means that judicial precedents, in practice, â€Å"help judicial law-making -an intrinsically decentralized mode of governance- achieve a semblance of centralization and systematic coherence† (Shapiro and Sweet 121). American federalism is deep and substantial as it allows an inherently heterogeneous legal system wherein state laws exist in competition with what is legal in the federal realm and other states. American criminal justice system too is highly influenced by the

Assess and illustrate the changing nature of the secularisation deabte Essay

Assess and illustrate the changing nature of the secularisation deabte - Essay Example Bryan Wilson posits three dimensions on which secularization may be analysed, namely religious practice, religious organization and religious thought. Religious practice refers to the number of members within a particular religious organization as well as the number of individuals that are present for the actual participation in the practice. Religious organization refers to the amount of influence the Church has on the operation of a society. Religious thought refers to the concept of God and good and evil and the amount of value that each member of society places in these concepts. (Livesey p.5) Wilson noted that this third ingredient is vital in the discussion of secularisation since both religious practices and religious organizations may be on the decline but in the hearts of the individual members of society religious thought could be increasing in leaps and bounds. Peter Berger (as quoted in Aldridge 2000, p.78) defines secularisation as â€Å"the process by which sectors of society and culture are removed from the domination of religious institutions and symbols.† Consistent with this idea, Wilson (as quoted in Aldridge 2000) defines secularization as â€Å"the process by which religious thinking, practice and institutions lose social significance.† Has secularization indeed taken root in today’s society? On the surface it appears that there are fewer persons attending church, fewer marriages taking place, fewer men willing to make a profession in the clergy and fewer individuals regarding Christian celebrations as meaningful. However, is there any empirical evidence to ascertain that these factors are in fact truth? Has the indoctrination of empirical research and industrialization influenced secularization, defined broadly as â€Å"religious decline† (Haralambos, p.436)? In the nineteenth century Auguste Comte believed that human history comprised three phases: the theological stage in which religion held a dominant role, followed

Report on Panama Canal Expansion Project Essay Example | Topics and Well Written Essays - 2000 words

Report on Panama Canal Expansion Project - Essay Example The project has been rocked with a strike which could threaten the completion of work as scheduled. Contents Abstract 1 Contents 2 Introduction 3 Background 4 Strengths and weakness of the project 6 Findings 7 a.Finances 7 b.Environmental Impact 8 c.Stakeholders 9 d.Governance and oversight 9 e.Risk mitigation 10 f.High level risks and insurances 10 g.International Governance 11 h.Procurement Policies 12 i.Strategic Human Resource Management and HR concerns 12 j.Performance Assessment of the Panama Expansion Project 14 k.Earned Value management 15 Professional Reflective statement 16 Conclusion 16 Recommendations 18 Bibliography 19 Appendices 22 Introduction Many infrastructural mega projects are prone to suffer from cost overruns, delays, poor performance or inability to give customer satisfaction. Interaction of several factors can cause complexities which can either promote success or inhibit it depending on how they are approached. It is crucial for project managers to thus criti cally analyze a mega project before undertaking it. One such project is the Panama Canal expansion project. Panama Canal is one of the busiest waterways globally. Opened in 1914, Panama Canal is a critical prop of international trade (Gagne, 2011, p. 1267). Nevertheless, the growth of international shipping in the last century and in the present times continues to be hampered by the Canal’s capacity (Gagne, 2011, p. 1267). This necessitated Panama Canal Authority to embark on an ambitious project of expanding the canal. Currently, the canal accommodates vessels of not more than 965 feet (294.1m) in length, 39.5 feet in depth, and a beam width of 106 feet (Sayre, 2010, p. 16). Vessels that can navigate in this canal are known as Panamax and have the ability of can carrying 4000-4500 Twenty Four Equivalent Units. Vessels larger than Panamax are able to navigate in other trade canals which and therefore Panama Canal Expansion project seeks to position the harbor as an internatio nal trade channel able to attract bigger ships and therefore enhance international trade and increase profitability. The expanded canal will be able to handle vessels of up to 1200feet in length, 160 feet beam and a draft of 49 feet (Sayre, 2010, p. 16). After completion, the canal will help reduce waiting times and bring down the costs of shipping significantly (Berman, 2006). According to the projections by Panama Canal Authority, canal expansion project is going to result to between 7 to 17 percent savings to shippers due to increased capacity (Panama Canal Authority Announces Expansion Plans, 2006, p. 12). The decision to expand the canal took into consideration various factors that could be affected by its expansion both locally and internationally. This report highlights some of the areas that have been considered since the decision to embark on Panama Canal Expansion Program was made. It will also evaluate the issues of international governance, change leadership, performance and procurement management and human resources issues surrounding Panama Canal expansion. Background The genesis of a canal running across the Isthmus of Panama goes back to 1534. At this time, the king of Spain, Charles V ordered a survey to be carried out in search for a route passing through the Americas that ships traveling Between Spain and Peru could use (Caso & Welsh, 1978, pp.72 . This discovery of gold in California was met with interest to cross between the Atlantic and Pacific

Introduction to the Rajputs Essay Example for Free

Introduction to the Rajputs Essay A Rajput is a member of one of the landowning patrilineal clans of central and northern India. Rajputs consider themselves descendants of one of the major ruling warrior groups of the Hindu Kshatriya varna ( social order ) in the Indian subcontinent, particularly North India. The Rajputs rose to prominence during the 6th to 12th centuries, and until the 20th century Rajputs ruled in the â€Å"overwhelming majority† of the princely states of Rajasthan and Saurashtra, where the largest number of princely states were found. They are divided into three major lineages. The Rajput empire spread in many countries: Afghanistan, Pakistan, Nepal, Bangladesh, India, Southeast Asia and some parts of Tibet. The four Agnivanshi clans namely the Pariharas (Pratihara), Solankis (Chalukya dynasty) Paramaras and Chahamanas rose to prominence first, establishing territories and creating kingdoms. The Rajputs were mainly feudal lords under the over-lordship of the rulers belonging to Pratiharas – a dynasty that ruled until the 10th century. Gradually, they attained the status of independent rulers. Their dominion spread over most parts of north India. In the north-west region known as Rajputana, which comprises the present day Rajasthan and parts of Pakistan. The Rajput community comprised of the Chauhans of East Punjab, Northern Rajasthan and Delhi, the Rathores of Uttar Pradesh, the Paramaras of Central India and the Tomars of Gwalior and later, Delhi. Of these the Chauhans and the Rathores were dominant clans. The Rajput though brave and chivalrous often succumbed to inter-clan rivalries, which proved advantageous for the Muslim rulers during the medieval period. The Rajputs being a dominant Hindu clan offered heavy resistance to the Muslim rulers who spread their rule over India during the medieval period. The Rajput princes maintained their own independent princely kingdoms. Some of the brave Rajput rulers who have been made their names eternal in Indian history are Prithviraj Chauhan, Rana Kumbha, Rana Sangram Singh, Rana Udai Singh and Maharana Pratap. Prithviraj Chauhan proved to be the last Rajput ruler of Delhi. The Chauhans, led by Govinda, grandson of Prithviraj, later established a small state centered around Rathambore in present-day Rajasthan. The Rajput lifestyle was designed to foster a martial spirit, with men even forging a bond with their sword. The double-edged scimitar known as the khanda was a popular weapon among the Rajputs of that era. On special occasions, primary chief would break up a meeting of his vassal chiefs with khanda nariyal, the distribution of daggers and coconuts. Many Rajputs are nostalgic about their past and keenly conscious of their genealogy, emphasizing a Rajput ethos that is martial in spirit, with a fierce pride in lineage and tradition. The Rajput rulers had a keen sense of beauty in art and architecture which is seen in the artistic excellence of their temples, forts and palaces. The Indo-Aryan style of architecture developed in North India and Upper Deccan and the Dravidian style in South India during the Rajput period. Both sculpture and architecture attained a high degree of excellence. e.g. The Rathas of Mahabalipuram or Mammallapuram, the Kailash temple at Ellora and the sculpture of Elephanta belonging to the early Rajput period ( 600 Ad to 900 AD ) The temple architecture of Orissa, Khajuraho, Rajasthan, Madhya Pradesh and the Pallava, Chola and Hoysala temples in the South belong to the later Rajput period. ( 900 AD to 1200 AD )

Analysis of UK Commercial Law

Analysis of UK Commercial Law Commercial Law Definition Commercial law in England and Wales is not susceptible to succinct categorisation as a unified body of law such as, for example, criminal law or the law of torts. Goode[1] has commented: â€Å"The absence of anything resembling a commercial code makes [the question, â€Å"Does Commercial Law exist?] harder to answer than might be imagined. If, by commercial law, we mean a relatively self contained, integrated body of principles and rules peculiar to commercial transactions, then we are constrained to say that this is not to be found in England†. Commercial legal practice will deal with a wide variety of subjects including the law relating to contracts, consumer credit, insurance, tax and partnerships. Commercial Law is thus an amalgam of common law, statute and even equity. Historical Development Despite these difficulties of categorisation the existence of a body of law controlling mercantile life has been recognised since medieval times when special courts existed for the purpose of dealing expeditiously with trade disputes. In the eighteenth century Lord Mansfield held sittings in the Guildhall in the City of London to hear commercial cases assisted by special panels of merchant jurymen to provide commercial expertise. When these sittings were discontinued the parties were forced back into the common law courts which proved unpopular due to procedural delays and the fact that the judges were often not conversant with the needs of the commercial community. Accordingly, in 1892, the Council of Judges recommended that there should be a special court to hear commercial cases and this led to the introduction in 1895 of a special commercial list in the Queen’s Bench Division. In 1970, a special Commercial Court was established but this remains part of that division. Court Structure and Jurisdiction The Commercial Court is subject to the Civil Procedure Rules. Part 49 and the associated Practice Direction provides that the court has jurisdiction in: â€Å"any case arising out of trade and commerce in general including any case relating to†: A business document or contract; The export or import of goods; The carriage of goods by land, sea, air or pipeline; The exploitation of oil and gas resources; Insurance and reinsurance; Banking and financial services; The operation of markets and exchanges; Business agency; and Arbitration. The remit of the court therefore also represents a succinct statement of the type of disputes which might be regarded as â€Å"commercial† notwithstanding the vagueness of this term. However, it should be noted that the county court has unlimited jurisdiction in claims in contract and tort and it is mandatory for claims worth less than  £15,000 to be commenced there. Thus a high volume of â€Å"commercial† law is administered by this court with the more valuable or complex being dealt with by the Queen‘s Bench Division of the High Court. The Chancery Division (the role of which in this regard can be summarised by its dealing with cases concerning companies and insolvency) will therefore also hear commercial matters. Finally, it should be noted that in addition to the Commercial Court, there is also a specially constituted Companies Court. The rationale behind the establishment of these fora is to allow the speedy resolution of commercial disputes by a body with expertise in and sympathy for the unique needs of those involved in commercial enterprise. Thus the scope and extent of commercial law is vast and full description is impossible within the scope of this submission. Nonetheless, it is proposed to examine certain key elements of the corpus of commercial law which characterise its principles and demonstrate its operation in practice. Sale of Goods This is a species of the law of contract which has long existed and been regulated by common law principles. Contracts have been defined[2] as â€Å"legally enforceable agreements which represent a vehicle for planned exchanges†. Contracts for the sale of goods are therefore subject to contract law principles but it should not be forgotten that they are increasingly controlled by specific statutory provisions. Thus all contracts for the supply of goods now contain terms which are implied by statute and prescribe that they must be of a stipulated quality. The Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) imposes a number of requirements: s.12: that the seller should have the right to sell the goods, that the goods should be free from encumbrances and that the buyer should enjoy quiet possession of them; s.13: that where the goods are sold by description, they should corespond with that description; s.14(2): that the goods should be of satisfactory quality; s.14(3): that the goods should be fit for the buyer’s purpose; s.15: that where the goods are sold by sample, they should correspond with that sample. Of the above, the implied term as to satisfactory quality is one of the most frequently litigated. The word â€Å"satisfactory† replaced (by the 1994) the use of the historic term â€Å"merchantable† in relation to quality and continues a long pedigree of such a requirement in English law. Decisions in the 19th Century demonstrate a recognition by the law of the commercial expectations of a purchaser. In Gardiner v Gray[3], Lord Ellenborough observed somewhat bluntly: â€Å"The purchaser cannot be expected to buy goods to lay them on a dunghill†(!) While the concept of â€Å"merchantability† endured, it was not until 1973 that it was the subject of statutory definition. By then, the term had become somewhat outmoded with Lord Ormrod commenting in 1976[4]: â€Å"the word has fallen out of general use and largely lost its meaning, except to merchants and traders in some branches of commerce†. Nonetheless, it was not until 1994 that it was replaced by somewhat less arcane terminology. Another significant statutory intervention in the ability of parties to determine the contractual relationships between themselves relates to exemption clauses or unfair contract terms. The leading piece of legislation in this field is the Unfair Contract Terms Act 1977. Prior to its enactment, the courts interpreted attempts by parties to a contract to restrict or exclude their liability in the event of a breach of contract very strictly. The legislative code has now largely superseded this function. The common law lacked the ability simply to declare such a term unenforceable merely on the ground that it was unfair or unreasonable (see Photo Production Ltd v Securicor Transport Ltd[5]) hence the need for the sometimes strained interpretation of such clauses. In broad terms the 1977 Act applies a test of â€Å"reasonableness† to such clauses in commercial contracts. Not surprisingly, this concept and the interpretation of the term has been the subject of much litigation. The Unfair Terms in Consumer Contracts Regulations 1999 extend certain aspects of the 1977 legislation. They were implemented as a result of a European Directive and apply to terms (other than â€Å"core† terms in consumer contracts. They are therefore different in certain critical aspects from the 1979 Act and a comparison of the respective effects of the two reveals anomalies. It is submitted that the original legislation should now be reviewed and redrawn in order to provide a unified and consistent framework. Manufacturers and Product Liability While the above legislation applies only in contract law, it should not be overlooked that there are certain commercial situations in which the law of tort can play a part supplying an additional or alternative remedy. The statutory implied terms described above may entitle the buyer to reject defective goods and, in any event, claim damages for the breach of contract. Because this law is based upon the contract, a problem arises as a result of the doctrine of privity of contract which enables only the parties to a contract to sue upon it. Accordingly, the law of tort began to develop remedies for situations in which loss or damage was caused by a breach but the breach was not actionable in contract at the behest of the party thus injured. In the classic case of Donoghue v Stevenson[6], the principle was established that in certain circumstances a manufacturer owes a duty of care to the end-user of his product. Thus where the product is defective and causes injury, the consumer may r ecover against the manufactuer in negligence notwithstanding that there is no direct contractual or other relationship between them concerning the supply of the product. Again driven by Europe, the UK passed the 1987 Consumer Protection Act in order further to regulate product liability. A claim may be brought under the Act by any person injured by a â€Å"defective product†. â€Å"Product† includes goods and even electricity. A product is defective for the purposes of the Act if its safety, including not only the risk of personal injury but also the risk of damage to other property is â€Å"not such as persons generally are entitled to expect†. It is submitted that this legislation is not only appropriate but necessary in the complex modern consumer society in which products are increasingly sophisticated and the relationship between manufacturer and end-user far more difficult to discern than would have been the case in the nineteenth century. Consumer Credit A very significant development in commercial law in the recent age has been in respect of the protection of customers in credit transactions. In Consumer Credit Deregulation, A Review by the Director General of Fair Trading[7] it was recognised that there was required â€Å"a strong level of protection in a market which for many centuries perhaps even since ancient times has been regarded by law makers as particularly sensitive. Buyer-seller interactions in credit markets are characterised by imbalances of information and bargaining strength between lenders and borrowers.† Accordingly, in the 1970’s, following the report of the Crowther Committee[8] the Consumer Credit Act 1974 was enacted. The Act applies to â€Å"regulated agreements† which are defined as â€Å"consumer credit agreements or consumer hire agreements†. Despite the emphasis on the word consumer, certain types of business credit transactions are controlled. Section 8 of the Act defines a c onsumer credit agreement as â€Å"a personal credit agreement by which the creditor provides the debtor with credit not exceeding [an amount varied by Statutory Instrument from time to time]. Section 189(1) defines an individual as â€Å"including a partnership or other unincorporated body of persons not consisting entirely of bodies corporate†. Thus many commercial business transactions (provided that they do not involve companies) are caught by the Act. The OFT Report referred to above proposed that all business credit transactions be removed from the scope of the Act but this suggestion was rejected. Conversely (and perhaps a little perversely) the present upper limit on such transactions of  £25,000 means that many genuine non-business consumers increasingly fall outside the safety net of the Act. The operation of this type of provision in the commercial sector again serves to illustrate the difficulty of classifying commercial law as a single discrete body of regulati on. The inclusion of chapters on consumer credit in most so-called commercial law textbooks plus the existence of an entirely separate body of work purporting to deal with â€Å"consumer law† is illustrative of this dilemma. Insurance The scope of commercial law extends into many other fields of human activity. On such example is insurance. This remains essentially commercial in nature and, in many instances, can be said to stem from the basic commercial dealings of the parties. If commercial law is regarded as being based upon transactions, insurance has developed as a means of protecting those transactions and the subject-matter thereof. The modern law of insurance has developed directly from the activities of merchants principally those involved in seafaring from Italy in the fourteenth century. Merchants reached agreements between themselves to insure their ships and cargo against the risk of travel by sea. This practice was adopted in the coffee houses of London and gave birth to Lloyds the principal insurance underwriter in the world. The insurance industry has been subject to statutory regulation since the Life Insurance Companies Act 1870. The current regime is regulated by the Financial Services and Marke ts Act 2000. Interestingly, in addition to such controls, contracts of insurance where appropriate also fall under the Unfair Terms in Consumer Contracts Regulations 1999 discussed above. Banking Bradgate[9] places banking at the very heart of commercial law: â€Å"The banking system plays an essential part in commercial activity in a developed economy. The modern bank provides a wide range of services to both business and private customers. The provision of such services is itself an aspect of commerce†¦in addition, banks provide essential services which underpin all other commercial activity†¦Ã¢â‚¬  Banking activities in the UK have long been regulated by regulated by statute with important developments occurring in the Bills of Exchange Act 1882 and the Cheques Act 1957. International Trade Although this submission has focussed perforce upon UK domestic law, it would be erroneous to conclude without acknowledging the international element which represents so great a proportion of commercial activity and gives rise to a consequent need for regulation. In this regard a distinction should be drawn between two possible uses of the term â€Å"international trade law†. First, it is used to describe the law controlling the relationships between the parties involved in international trade transactions. Second, it may describe the body of rules which govern relationships between states and regulate the use between states of devices such as tariffs to control imports which are subject to such international treaties as the General Agreement on Tariffs and Trade. Works on commercial law habitually focus upon the English law applicable to international transactions. A great many contracts used in such international transactions contain a standard clause requiring the contract to be governed by English Law with the result that the Commercial Court in London is frequently called upon to adjudicate upon agreements that have been made between one or more parties located outside the jurisdiction. The UK is a party to the Hague Convention on Contracts for the International Sale of Goods which is given effect in English law by the Uniform Law on International Sales Act 1967. That Act is applicable to contracts where the contract itself stipulates that it should apply. In practice, few contracts take the opportunity to do so with the result that international sales contracts which are governed by English law fall to be determined according to the principles of the Sale of Goods Act 1979 thus returning us to the outset of this discussion. Conclusion Thus the scope and extent of the law which might be grouped under the heading of â€Å"commercial† is seen to be vast in reach and divers in type. Detailed description is therefore beyond the limit of a submission of this length. However, an examination of the broad cross section of topics discussed above reveals an enduring theme. In all aspects of commercial law the focus is upon transactions. Some commercial law such as the sale of goods legislation regulates such transactions directly. Other areas such as the law relating to banking and insurance concern the mechanisms that are necessarily ancillary to such transactions. Others again, such as product liability, stem from the consequences of transactions even where the party seeking to avail himself of the law was not a direct participant in such a transaction. Bibliography Bradgate, Commercial Law, (3rd Ed., 2000) Goode, Commercial Law (2nd Ed., 1995) Poole, Textbook on Contract Law (7th Ed., 2004) Treitel, The Law of Contract (11th Ed., 2003) www.hmso.gov.uk Lexis/Nexis Westlaw 1 Footnotes [1] Commercial Law (2nd Ed., 1995), p.1205 [2] Poole, J., Textbook on Contract Law, (7th Ed., 2004), p.1 [3] (1815) 4 Camp 144 [4] Cehave NV v Bremer Handelgesellschaft mbH [1976] QB 44 @ p.80 [5] [1980] AC 827 [6] [1937] AC 562 [7] OFT (1994), para.1.8 [8] Report of the Committee on Consumer Credit (1971) Cmd 4596 [9] Commercial Law, (3rd Ed., 2000)

International Legal Position on Software Patents

International Legal Position on Software Patents Title ‘Discuss critically the current international legal position on the patentability of software and business method inventions’. Introduction As a general proposition, the speed at which a true global economy has been assembled over the past 20 years has been the dominant element in the re-ordering of international legal regulations concerning software and business method patents. The central premise of this paper is the that ability to regulate by patent the speed of scientific progress is akin to attempting to score a direct hit on a moving target. This paper will examine the relationship between global economic forces and patentability, first from the United Kingdom perspective as an example of a national intellectual property protection system. The analysis will then be directed to the European Patent Convention and its regulatory framework, with a comparison drawn between the EPC and other regimes. The supranational patent enforcement structure provided by way of the World Trade Organisation is the final international aspect of the review. These selected legal frameworks are not intended as an exhaustive summary of international patent law; they establish a useful basis against which the present question may be considered from commercial and public perspectives. As the following review illustrates, international software and business method patent law is a mixture of legal theory, economic factors, and philosophical preferences regarding the control of ideas and related technologies. The international intellectual property legal order is not so much a finite system as it is a still-evolving organism where certainty of result and clarity of legal purpose are not settled. Patents, software and business method inventions generally The term ‘business method invention’ is a very broad and circumstance driven notion; it is often defined by what it is not, as opposed to what in fact it represents. As a general rule, business method inventions are any design that encompasses economic activities such as buying and selling items, marketing techniques, financial schemes (e.g. pension plan organisations) and gaming strategies.[1] In the European Union, the historical distinction between patentable and non-patentable inventions was the presence of a technical component in the design or system; business method inventions were therefore inherently non-patentable concepts in Europe.[2] Software is a similarly broad term that is capable of bearing several meanings. For the purpose of the present review, system software is any software required to support the production or execution of application programs but which is not specific to any particular application[3]. Examples of system software would include a computer operating system[4]. By contrast, application programs include Microsoft Excel © or computer assisted drawing (CAD) programmes; this software includes source code written by humans and executable machine code[5]. Software does not usually include the data processed by programs unless the desired format depends on the use of computers for its presentation, such as multimedia[6]. Patents and intellectual property protection turns on two fundamental principles, the territorial nature of the protection, and the extent to which a patent holder may permit others through licenses or other agreements to use the protected property. Given that patent law is not harmonised to any significant degree, patent protection is at best a variable and imperfect tool to promote rights associated with software and business inventions. [7] As this analysis progresses, it is important to distinguish between the characteristics of patents and those of copyright. Copyright is the protection afforded to intellectual property regarding how an idea may be expressed or controlled. While copyright does not safeguard the idea itself, software copyright usually extends its coverage to the reproduction of software source codes. Patents are the legal protection granted by a country over an invention, its underlying methodology, or its function. Patent law provides more comprehension protection that that available by copyright, licensing, or other any other safeguards that may be created by a contract over intellectual property. A patent is commercially desirable because as it establishes a legal monopoly over the protected property for the patent holder, adding value to the protected concept. The American influence A critical discussion of international software patent law that does not touch upon the American legal position is akin to not mentioning the proverbial white elephant seated at one’s dinner table. The United States Patent Office historically has been the busiest such institution in the world; American based companies initiate more patents world wide that any other business sector. The United States Supreme Court was the first to legalise software patents[8] and the first major jurisdiction to give explicit recognition to the concept of the business method patent.[9] American influence has been important but not determinative in these areas; however, the American test for a business method invention patent as whether the subject concept leads to a ‘useful, concrete and tangible result’ is very influential.[10] The American approach may be borne in mind as the UK, European, and World Trade Organisation positions are considered. UK patents Reflecting the biases of the first English patent law[11], there was a long held reluctance in the UK to permit computer innovation patents. In the 1970s, as computer technology experienced incredible global growth, UK patents were restricted to industrial innovations, machinery, manufactured products, and tangible items. Patents were not granted in the UK where the subject involved the mathematical expression of a scientific truth such as an algorithm. Three recent UK patent law decisions are instructive in this regard. The most current and arguably the most important articulation of UK software patent law principles is Aerotel Ltd. v Telco Holdings Ltd.[12] The Court of Appeal considered the deficiencies of both UK and European patent legislation in light of modern global commercial developments. The Court, through Jacobs LJ stated that it had no concern for the intense current political debates concerning software patents[13], a statement that is difficult to accept at face value given the multinational nature of the case. However, the Court described the fundamental purpose for modern patent protection in clear and unambiguous language: The patent system is there to provide a research and investment incentive but it has a price. That price (what economists call transaction costs) is paid in a host of ways: the costs of patenting, the impediment to competition, the compliance cost of ensuring non-infringement, the cost of uncertainty, litigation costs and so on. There is, so far as we know, no really hard empirical data showing that the liberalisation of what is patentable in the USA has resulted in a greater rate of innovation or investment in the excluded categories. Innovation in computer programs, for instance, proceeded at an immense speed for years before anyone thought of granting patents for them as such[14]. The Court held that all (emphasis added) potential UK patents should be validated by a two part test expressed in the following terms: First, determine what the inventor has contributed to the art over and above a computer operating in a new way as a matter of substance and, second, determine whether this contribution lies in excluded matter or, on the contrary, whether it consists in a technical contribution or effect.[15] Menashe Business Mercantile Ltd v. Hill [16]is an equally instructive 2002 decision of the Court of Appeal, as the reasons for judgement underscore the fluidity of modern computer based commercial applications and the difficulty to apply traditional enforcement methods, in the context of the relationship between UK and European community patent law. The plaintiff Menashe commenced an action seeking UK enforcement of a patent issued by the European Patent Office regarding his interactive gambling software. The defendant Hill claimed that as the host computer required to operate the software system was located outside of the UK, there could be no breach of the Menache patent. The Court held that in this case, jurisdiction over the patent ‘lay with the punter’[17] – where gambling activities occurred by means of UK computer access, Hill violated the patent and the UK courts could enforce the patent. The decision referenced as CFPHs Applications, 2005[18] is a useful summary of how the UK and European Patent offices approach both software patents and business inventions; the Court strikes a blow for pragmatism in its conclusion that there will likely never to be a comprehensive definition of ‘invention’.[19] Accordingly, the court suggested that difference in the approaches of the UK and European patent offices should have little effect on how patents are enforced in most cases.[20] The complexity of each of the noted cases underscores an important barrier to enforcement the current patent system serves only those who can afford to litigate a patent claim. European Patent Convention (EPC) The European Union is the second most active patent registration regime in the world. EPC Article 52(1) sets out the general rule: European patents will be granted for any inventions that include a ‘technical character’.[21] Conversely, the patentability exclusions described in Article 52(2) include traditional business methods that have no invention or technical component. However, a number of concepts that combine technical and non-technical components have been approved for European patent, including an x-ray machine with a software component[22] and other computer related devices.[23] The language of EPC Articles 52 and 53 when taken together has resulted in significant confusion with respect to the availability of software patents.[24] The articles stated that ‘as such’ computer programmes are excluded from patentability, yet as of 2005 over 40,000 software –related patents had been granted by the EPO in a host of technology fields. When coupled with differing rules enacted in each of the EU member nations, software patent laws in Europe are decidedly ambiguous.[25] Europe has been an ideological battleground pitting commercial software developers against the advocates of Open Source Software (OSS)[26] over the question of whether software should be patented at all. The OSS proponents (a world wide constituency) regard software patent laws as an inhibition to true technological progress. In July, 2005 the European Parliament rejected a legislative proposal that would have expanded the ability of software developers to obtain patent protection for their inventions. Given the size and influence of the European market, the European rejection of tighter software patents may be an indicator of a larger global trend to make software generally more accessible and conversely, less amenable to patent protection.. Since 1977, patents issued by the European Patent Office have enforceable through the patent legislation of member countries; Menashe[27] is an example. EPC Article 64 provides that the national law is the only enforcement mechanism for an alleged patent violation. It is submitted that without harmonised European enforcement, a truly effective patent system is impossible; given the importance of software development, the persistence of the present system suggests that the software industry is not entirely troubled by the patchwork European law in this regard. This European legislative deficiency mirrors those of the global software and business method patent arena. World Trade Organisation (WTO) With more than 150 member countries and a host of trade agreements and protocols that touch upon wide areas of international commerce, the WTO occupies a position of apparent importance in international software patent regulation. The foundation WTO initiative is TRIPS[28], the Trade Related Aspects of Intellectual Property Rights, ratified January 1, 1995. TRIPS is an initiative that represents the culmination of a series of multi-lateral intellectual property agreements concluded by the WTO membership. TRIPS has been heralded as the blueprint for handling international intellectual property disputes. In light of the European developments noted above, coupled with the resounding failure of earlier WTO initiatives[29], it is exceedingly doubtful that TRIPS will become an accepted software patent legislation standard. The ability of the WTO to enforce TRIPS must also be considered in light of how modern international commercial forces are often transnational entities and not the traditional nation state.[30] No significant enforcement action has been successfully undertaken pursuant to the TRIPS protocols since its enactment. What the future holds It is submitted that the current state of international software and business method patents is a natural consequence of the speed that underlies both the function of the global economy and technological development. A coherent and enforceable international patent structure may be laudable, but the speed and inherent flexibility of innovation operating independent of any government restriction appears to have spawned a new world order where rules exist as guidelines only. As Europe and the WTO struggle to resolve the patentability of â€Å"simple† computer software applications, science is relentlessly forged ahead with biotechnical and genetic software questions[31] that will pose even more perplexing regulatory issues. Bibliography Beresford, Keith â€Å"Patenting Software under the European Patent Convention† (London: Sweet Maxwell, 2003) Boyle, James â€Å"Fencing off ideas: enclosure the disappearance of the public domain† (2002) Daedalus Vol. 131, Cahill, Lisa Sowle â€Å"Biotech Justice: Catching up with the New World Order† (2003) The Hastings Center Report Vol. 33, 1 Caulder, Isis E. â€Å"Patenting Software – The Standards in U.S., Europe, Japan and Canada† http://www.bereskinparr.com/English/publications/pdf/Patent-Six-Minute-IP.pdf (Accessed January 28, 2007) FOLDOC (Free On-Line Dictionary of Computers), Imperial College http://foldoc.org/index.cgi?query=software (Accessed January 28, 2007) Guadamusz, Andres â€Å"Open Science: Open Source Software Licenses and Scientific Research† BILETA April, 2005 Ius Mentis http://www.iusmentis.com/patents/businessmethods/epc/ (Accessed January 28, 2007) Lerner, Paul and Alexander Poltorak â€Å"Essentials of Intellectual Property† (New York: Wiley, 2002) Raymond, Eric â€Å"The New Hackers Dictionary† (Cambridge, Mass: MIT Press, 1991) World Trade Organisation / Trade Related Aspects of Intellectual Property Rights (TRIPS) http://www.wto.org/english/tratop_e/trips_e/trips_e.htm (accessed January 28, 2007) Table of Cases Aerotel Ltd. v Telco Holdings Ltd. [2006] EWCA Civ 1371 CFPHs Appns [2005] EWHC 1589 (Pat) Commissioner of Patents v. Harvard College [2002] SCC 77 (S.C.C.), Computer-Related Invention/Vicom, Decision T 208/84 EPO (OJ 1987, 14) Diamind v Diehr (1981) 450 U.S. 175 Koch Sterzel, Decision T 26/86 EPO (OJ 1988, 19) Menashe Business Mercantile Ltd v Hill [2002] EWCA Civ 1702 State Street Bank and Trust v Signature Financial Group (1998)149 F.3d 1368 (Fed. C. A.) Table of Statutes European Patent Convention UK Patent Rules, 1995 UK Patent Act, 1977 WTO / Trade Related Aspects of Intellectual Property 1 [1] Ius Mentis http://www.iusmentis.com/patents/businessmethods/epc/, 1 [2] See the European Patent Convention Art. 52, 53, infra [3] Software definition by FOLDOC, http://foldoc.org/index.cgi?query=software [4] FOLDOC, ibid [5] FOLDOC (Free On-Line Dictionary of Computers), supported by Imperial College (Department of Computing), London [6] FOLDOC, ibid [7] See Pt. 5 (EPC) and Pt. 6 (WTO), infra [8] Diamind v Diehr (1981) 450 U.S. 175 [9] State Street Bank and Trust v Signature Financial Group (1998)149 F.3d 1368 (Fed. C. A.) [10] Caulder, Isis E. â€Å"Patenting Software – The Standards in U.S., Europe, Japan and Canada†, 4, 5 [11] Statute of Monopolies, 1623 [12] [2006] EWCA Civ 1371 [13] Aerotel, supra, 7 [14] Ibid, 8 [15] Ibid, 9 [16] [2002] EWCA Civ 1702 [17] Ibid, 1707 [18] [2005] EWHC 1589 (Pat). [19] ibid [20] ibid [21] See also Rule 27, European Patent rules [22] Koch Sterzel, Decision T 26/86 EPO (OJ 1988, 19 [23] Computer-Related Invention/Vicom, Decision T 208/84 EPO (OJ 1987, 14) [24] Beresford, Keith â€Å"Patenting Software under the European Patent Convention† (London: Sweet Maxwell, 2003), c 3,4 [25] Caulder, 5 [26] The Open Source debate is one beyond the scope of this paper. See Raymond, Eric The New Hackers Dictionary (Cambridge, Mass: MIT Press, 1991); also Guadamusz, Andres ‘Open Science: Open Source Software Licenses and Scientific Research’ BILETA April, 2005 [27] (n 14) [28] World Trade Organization http://www.wto.org> [29] E.g. General Agreement on Tariffs and Trade [30] E.g. Microsoft; Cahill, Lisa Sowle â€Å"Biotech Justice: Catching up with the New World Order† (2003) The Hastings Center Report Vol. 33, 1 [31] Commissioner of Patents v. Harvard College [2002] SCC 77 (S.C.C.)

The Left Hand of Darkness :: Left Hand of Darkness Essays

The Left Hand of Darkness      Although the author of The Left Hand of Darkness, Ursula K. Le Guin discussed in the introduction that this book is not extrapolative or a prediction of future, the plots in the book are extraporative to some extent.   Since the story takes place in the past, Ekumenical Year 1490-97, this book is different from other science fictions which the stories take place in the future.   However, the issues that the author deal with in the book are a prediction of the future; it can happen.   Guin also claimed that "if I could have said it non-metaphorically, I would not have written all these words, this novel."   Her metaphoric settings and words confuse whether or not our world is natural.      Since Guin set the story in the past with extraordinary imagination, it was very hard to get into her world from the first chapter, Winter, Hainsh Cycle 93, Ekumenical Year 1490-97.   In the first chapter, the way that Guin introduces the story pulling the readers in mysterious or mythic worlds even beyond any imaginative worlds.   She explains her imaginative worlds in detail every once in a while yet it is not easy to share and to understand her worlds.   The main reason might be the story takes place in the past instead of 'future.'   We normally perceive a mythic future.   And also, we think that we can not change our history.      The author of Utopian and Science Fiction by Women: Worlds of Difference, Naomi Jacobs pointed out that Guin's theme is gender differences and sexuality in the frozen landscape.   In the story, Gethen describes the setting as a place of gender freedom.   Gender issues are sensitive issues in our culture and will remain as it is.   In Guin's imaginative world, men's pregnancy is a natural phenomenon.   This imagination is used in many other books and movies even today.   (For more info, see Jason's paper)   However, Guin's use of the imagination is difficult to share because her imaginative world has already passed.      The theme that Guin discussed in the book was similar to other science fictions.   Death and fear are always the theme in science fiction.   Throughout the story, people died in the frozen landscape and they have fear in their life.

Use of Setting and Description in David Maloufs Johnno Essay examples

Use of Setting and Description in Johnno Throughout Johnno descriptions of settings relating to houses and buildings enable the reader to obtain an insight into the character of Dante. Malouf captures images with powerful force, creating depth to the characters. Specific details that may be deemed inappropriate are enhanced to provide meaning and show how characters respond and feel toward places. Malouf effectively uses images to reinforce attitudes, feelings and emotions. Though the descriptions are long and detailed, they are worthwhile and evocative. Many of the descriptions are symbolic, such as the descriptions of the garden. Malouf’s use of language is casual, which enhances the story, causing it to come alive. Through Malouf’s descriptions of each house he creates an atmosphere to reflect the characters’ feelings. The house of Dante’s childhood was a place of freedom and discovery. With a vast garden, there was continual change, with a comfortable and pleasant environment. The next house his family lived in was built based on his fathers dreams, modern and superficial. It was filled with furniture and material that was hostile and restricting, especially for a child. Malouf describes the house of Dante’s childhood with words of freedom, revealing the memories through the eyes of a child. The old house represented a freedom, a casual yet organized environment. The old house was described as mysterious, ‘a wilderness transformed into a suburban farmlet’ Malouf captures the settings by words that cause the description to be relived, the thought of an adult, transformed into the active words of a child. Expressing the emotions, that a child would feel, capturing the small aspects that made an impression. Â   ... ...an to want more from his environment and through looking at what the rest of the world had to offer it caused him to desire change and growth and to search for it. What he had compared to others was not satisfying, not good enough, causing him to despise what he had. Outdoors-river widens to a broad stream, low mud flaps on one side, pelicans, native pines, high creeper covered walls. The outside atmosphere of the house brings no pleasure to Dante, the environment seem only an image, he cannot make himself a part of it. ‘It’s a house I have never got used to’ Dante misses the sounds and atmosphere of the old house. The change to the modern is an aspect that he has difficulty adapting to. The growing dislike of each house has brought him to the point of hating his entire environment. ‘My loyalties remain where my feelings are, at the old house’ Â  

The Benefits of Community Service Essay examples -- Service-Learning E

In 2010, â€Å"over 20 billion hours of volunteer service were reported† in the United States (Hoffman 418). For such an outstanding amount of time, only 26.7% of the population reported volunteer hours (Hoffman 418-9). Philanthropy, a desire to improve the material, social, and spiritual welfare of humanity, especially through charitable activities, is dependent on the altruistic values of the American society. Philanthropy is a general love for all of humanity that manifests itself in the form of community service. Altruism is the foundation of volunteering; volunteering is the foundation of community service, and community service is the foundation of charity. Altruism is the belief that acting for the benefit of others is right and good. Volunteering is the act of doing work out of choice, out of free will, and altruistic people feel joyous when serving the community. The importance of volunteering comes from giving up time to help a charity or the community. Community service can be vital to keeping connected to others that are in the same area. August John Hoffman, professor of psychology at California State University Northridge, believes â€Å"Community service work and civic engagement are described here as any voluntary activity performed by community members for the overall improvement of the community and society† (418). Charity can take many forms; it can be donations of money, goods, or time, and time is the most valuable asset a person has to offer. It is not easy to convinc e people to give up their precious time for community service; however, people should take part in community service because it elevates the community and has a positive impact it has on both the helped and the volunteer. It is no secret that community... ...ring Students in a Service-Learning Clinical Supervision Experience: An Educational Case Report.† Physical Therapy 91.10 (2011): 1513-1524. Academic rch Complete. Web. 9 Apr. 2012. Martin, Mary Beth. Personal interview. 20 Apr. 2012. Romano, Joyce C, Geraldine Gallagher, and Sanford C Shugart. â€Å"More than an Open Door: Deploying Philanthropy to Student Access and Success in American Community College.† New Directions for Student Services 130 (2010): 55-70. Academic rch Complete. Web. 9 Apr. 2012. Sukiennik, Diane, William Bendat, and Lisa Raufman. The Career Fitness Program: Exercising Your Options. 9th ed. N.p.: n.p., n.d. Print. Vogel, Amanda ] L, and Sarena D Seifer. â€Å"Impacts of Sustained Institutional Participation in Service-Learning.† Gateways: International Journal of Community Research & Engagement 4 (2011): 186-202. Academic rch Complete. Web. 9 Apr. 2012.

Economic Contribution of Migrant Workers in Bangladesh

Introduction Bangladesh is located in South Asia. It is the seventh most populous country in the world and is mostly densely inhabited. The poverty level, however, has fallen by more than 20%, helped by its prominent agricultural sector. The Bangladeshi economy is helped by its big garment sector, which contributes more than two-thirds of the country’s trade. The major challenge to prosperous growth is the vulnerability of the land to cyclones and floods. However, even with such challenges, Bangladesh has experienced a growth rate of 5% since 1990.This growth has been helped by remittances from expatriates as well. Since 1975, there has been a two-fold increase in the per-capita GDP. During the 2008 global economic recession, Bangladesh managed to stay flexible. According to the Bangladesh Bureau of Statistics (BBS), there was an increment of $62 in the per capita GDP in FY2009 from US$559 at the end of FY2008. Fiscal 2009 registered per capita income of US$621. About 25% of t he country’s GDP in 2009 came from remittances of expatriates, totaling $9. billion and garment exports worth $12. 3 billion. The increasing foreign direct investment highlights the growth rate of the Bangladesh economy and remittances from overseas Bangladeshis, totaling $11 billion in FY10, accounted for almost 12% of GDP. Scenario of migrant workers in Bangladesh is given below throw a chart. [pic] Economic Contribution of Migrant workers in Bangladesh Remittance is the life line of Bangladesh economy. Some 4. 5m nonresident Bangladeshis are working abroad, and sending home hard earned foreign currencies.It is believed that the actual number of Bangladeshi migrants, both legal and illegal, would be close to 7. 5 million. In the first 10 months of FY 2006-07, number of manpower export stood at 0. 42m, showing 83. 14% rise, compared to 0. 25m in FY2004-05. In FY2005-06, the number stood at 0. 29m, current year to year growth is around 16%. In addition to achieving higher exp ort earnings, the country witnessed a 44 percent growth in remittance earnings during the first quarter of 2008-09 fiscal year compared to the same period of the previous fiscal year.The other records of remittance earnings in a single month are $820. 71 million in July and $808. 72 million in March of year 2008. A total of 9,81,102 Bangladeshi people went abroad in 2007-08 fiscal year which is about 74 percent above the previous fiscal year figure. According to the statistics, on monthly average basis more than 81,000 Bangladeshis went abroad in 2007-08 fiscal year. The figure was 46,000 in the previous fiscal year. Non-resident Bangladeshis (NRBs) sent $2. 45 billion to Bangladesh between July and September of 2008, according to the Bangladesh Bank statistics. Meanwhile, private bank officials said the global economic slowdown, mainly in the US and European countries, is yet to impact the remittance inflow. They, however, apprehend that if the crisis continues it may have a negati ve impact on the inflow. The remittance market of Bangladesh has been showing a steady growth in terms of incoming remittance volume.Considering the current macro-economic indicators, it seems that this growth run will continue in the coming years. Central Bank predicts that our annual incoming foreign remittance will touch $10 billion in the next 3 years. The reasons for such robust growth can be summarized as: †¢ Stable macro-economic indicators including GDP growth, †¢ Steady growth in manpower export specially in the middle east †¢ Substantial devaluation of the local currency †¢ Rapid urbanization Development of new remittance corridors in Australia and part of Europe and Africa †¢ Increased focus of Central Bank and the Government to channel funds through formal channels †¢ Increased competition among financial institution to grab market share †¢ Aggressive marketing policy adopted by Banks to increase their share of wallet †¢ Expansion of branch network of various commercial banks †¢ MFIs involvement in channeling remittance funds in remote areas †¢ Participation in the UN peace keeping missions Anti-Money Laundering rules and regulations came in force However, the market is still far from perfection in terms of service quality, cost structure, and transaction risk aspects. Among all, the biggest impediment is the speed of transactions and cost of transaction. In cases, it takes more than a week to send a foreign remittance to beneficiary. Average cost is 20 SAR for a remittance from Saudi Arabia to Bangladesh. Banks drives the legal channel for remittance mobilization.Top 3 remittance receiver banks in market are given in Table 1. 1. Table 1. 1 Monthly Inward Remittances | |Sl. |BANK |August, 2008   (in USD Million) | | | |1 |Sonali Bank |104. 700 | | | |2 |Agrani Bank |66. 091 | | | |3 |Janata Bank |64. 50 | | Whilst data on Non Resident Bangladesh (NRB) remittances coming into Bangladesh are readi ly available, projections for local remittances are difficult to determine. The figures in USD given in the Table 1. 2 are approximate. Table 1. 2: Local and Foreign Remittance Comparison in USD | |07-08 (No. ) in USD |2008-9 (No. ) in USD |2009-10 (No. ) in USD | |NRB Remittances |7 million |8. million |10 million | |Local Remittances |14 million |17 million |20 million | Most of the remittances sent to our country are for various livelihood purposes, such as disbursement of Small loans, living expenses, business start up costs, medical treatment and funds for asset purchases. This highlights the importance of fast disbursement of money that e-Remittance System promises to deliver. The system will help attract new un-banked customers who have previously depended upon informal channels.At present, only a fraction of remitters send their money through banking channels. The e-Remittance system will also provide the right platform for handling the substantial market for within country remittances. Source Countries of Remittance From Saudi Arabia, over a million workers sent $1,312 million during July-March period of 2007. In the same period The United Kingdom came out as the second biggest source of remittance with Bangladeshi Diaspora sending home $657 million to their relatives at home, closely followed by $656 million from the United States of America.Non-resident Bangladeshis remitted $559 million from the United Arab Emirates and $494 million from Kuwait in July-March period of 2007. Economic Benefits Remittance has economic benefit both at macro and micro level. In 2004, the formal remittances contributed 6% of GDP. If informal channels were included this contribution reaches 9-10% of GDP. In 2004-2005 fiscal year remittance was 44. 47% of export receipt. The proportion of foreign aid was only 38. 74% of remittances in 2004-2005 fiscal year and foreign direct investment was only 13. 58% of remittances in 2003-2004.The remittance has significant macroeconomi c impact at household level. The majority of Bangladeshi migrants abroad is unskilled, and originates from rural areas and poor community. The poorer the household, the more impact or benefits remittance income can have alleviating poverty. Remittances allow the poor people to increase expenditures on both durables and non-durable products, and provide them with protection against negative income shocks. Statistics between growth of migrant workers and growth of remittances are mention bellow. [pic] Migrant workers drive economyBangladesh's economic development largely depends on remittance sent by migrant workers, which is one of the sources of earning foreign currencies. A third of the 18 lakh people who enter the job market a year go abroad for work, adding that remittance inflow will increase significantly if the figure can be increased to 10 lakh in five years. We hope the remittance inflow would cross $14 billion mark this year. The incumbent government sent about 2 million Ba ngladeshis from January 2009 to October 2012 and the country received around $44. 22 billion in remittances during the period.Expatriates' contribution to the national GDP (gross domestic product) is 11 percent. Over 30,000 female workers go abroad a year to work, and the government has been working to transform them into skilled hands to create more jobs. The government has also taken some steps, including rehabilitations of the returned migrant workers and scholarships for their children, to ensure better facilities for the expatriates and their families. Around 25 percent of the total employment comes from overseas employment, which should be increased to 50 percent in five years. Conclusion According to the World Bank, Bangladesh has achieved a growth rate of 5. % in FY2009. The country has registered significant expansion in its middle class. The consumer industry has grown considerably. The increasing foreign direct investment highlights the growth rate of the Bangladesh econo my. At present situation when political imbalance of our country, violation of law in every sector, corruption, price hiking, lack of electricity, gas etc creates thousands of problem in economy of Bangladesh, and in this situation contribution of migrant workers strengthen the growth rate of Bangladesh economy. That’s why Bangladesh's economic development largely depends on remittance sent by migrant workers.

Capstone Analysis

Cybercaf Is defined as any crime that Is conducted Vela the Internet or a nonher computer network. When It comes to cybercaf It Is very s brush offt(p) for someone to fall volt to It. We practise computers for everything searching the Internet, shopping. Accessing our bank accounts, email, and online gaming argon some examples. Communication is faster and lots more reliable than in the ancient which has allowed more to be cultivated in any given day.The difficulty is still like anything else vulnerability. There are individuals that hype into computers as well as networks of businesses and governing agencies. The problem is that sensitive data can be stolen and/or destroyed. There necessitate to be more focus on the security of computers and the internet. Regular stories featured in the media on computer crime imply topics covering hacking to computer vir utilizes, web hackers, to internet pedophilia, sometimes accurately portraying events, sometimes misconceiving the bille t of technology in such activities.The ontogenesis in cybercaf has been documented in the give-and-take media. Both the increase in the relative incidence of criminal activity and the possible topic of new varieties of criminal activity thrum challenges for the legal system, as well as for law enforcement. Some of the things I do to try and prevent falling dupe to cybercaf is keeping the latest version of virus software on my computers. Using affectionate passwords that only my family knows. I do not fall prey to online offers of things like ere TVs, or you have won $1,000.In general, I find oneself that in this day and age you in truth need to be aware of your border and that also includes the cyber world. By Sabina-Fazing Cybercaf is defined as any crime that is conducted via the Internet or another computer network. When it comes to cybercaf it is very late for someone to fall victim to it. We use computers for everything searching the internet, shopping, more to be acc omplished in any given day. The problem is Just like anything else

Character of Lady Macbeth Essay

Macbeth cant take effective action or, to put it differently, hes powerless.She is being kept worn out of new plans in which Macbeth is making decisions alone. Firstly, Lady Macbeth appears in Act 1 Scene 5. She is in her and Macbeth’s castle. She receives a letter from Macbeth logical and reads it.Macbeth isnt the only character who wants encouragement.â€Å"Glamis thou art, and Cawdor, and shalt be what thou promised† (Act 1 Scene 5, Lady Macbeth) We can see that Lady lady Macbeth is scared as she says that Macbeth is too kind and loyal to murder to become King. â€Å"Is too full o’ the milk of human kindness to catch the nearest way.† (Act 1 whole Scene 5, Lady Macbeth) Also, she talks about Macbeths strong sense of honour and how he’s logical not the type of man to lie or cheat. â€Å"Thou wouldst thou holily ; wouldst not play false.

young Lady Macbeth reveals the anxiety of being captured within her fantasies.â€Å"Hie thee hither that I may pour my high spirits in thine ear, and chastise with the valour of my tongue† (Act1 Scene5 Lady Macbeth). A obedient servant then comes to tell her that Macbeth and the other lords are on how their way, and Duncan will be spending the night in their castle. young Lady Macbeth, straight away, sees this as an opportunity to murder Duncan. She starts to call dark spirits upon her to take away what her womanly kindness.For Macbeth, it becomes excessively simpler.â€Å"O, never shall sun that morrow see.† (Act 1 Scene 5, Lady lady Macbeth – Macbeth). She then tells Macbeth her plan to kill Duncan. part She tells Macbeth she will do all the planning.

Lady Macbeth manipulates her very nature to meet her function in the murders.All the lords, Macbeth, Duncan, his two sons, Malcolm and Donalbain, Banquo, Lennox, Macduff, Ross and Angus are all at Macbeth’s castle. Lady Macbeth arrives and greets Duncan. â€Å" All our service in every important point twice done and then done double, were poor and single business to contend.† (Act1 Scene6, young Lady Macbeth – Duncan).Lady Macbeth is extremely direct and intelligent.In this scene , lady Macbeth is seen as the perfect hostess. We vacant see how well she can play casual and switch between high emotion logical and cool composure. In Act 1 Scene 7, we see her talking with Macbeth, in the castle. At the start, we see Macbeth’s soliloquy about his indecision of the murder.

At the fresh start of the play, Lady Macbeth appeared to be a put girl.† (Act 1 Scene 7, Macbeth – young Lady Macbeth).Lady Macbeth seems to be very unimpressed with what Macbeth has said. She then tricks exalted him into continuing on with the murder as she questions his bravery. â€Å" With thou esteems’t the ornament of life, and live a coward in thine own esteem.Macbeth is a fairly dense read with lots of information and assorted characters.Lady Macbeth busy waits in a chamber near Duncan’s bedroom. Macbeth goes off to murder Duncan. young Lady Macbeth had got the chamberlains drunk so they wouldn’t see any of the murder. Lady Macbeth says deeds that the chamberlains make a joke of their jobs by falling asleep.

Dunnetts Macbeth is much more practical.â€Å"My heavenly father as he slept, I have done’t- My husband!† (Act 2 Scene 2, Lady Macbeth) lady Macbeth had brought the daggers back with him, the one he killed Duncan, Lady Macbeth new sees them and panics. â€Å" Why did you bring these daggers from the place?† (Act 2 Scene 2 , Lady Macbeth – Macbeth). Lady Macbeth has to bring them back to bring how them back to the chamber. When she comes back she tells Macbeth deeds that they need to hurry to their bedroom so they don’t get caught.It delivers no simple answers.â€Å" What’s the business, that such a hideous trumper.† (Act 1 Scene 3, Lady Macbeth – Macduff). Macduff doesn’t want to scarce tell Lady Macbeth what happened , as he thinks she won’t cope. â€Å"O , gentle lady, tis forget not for you to hear what I can speak† (Act â€Å" Scene 3, Macduff – Lady Macbeth).

The such thing about the Macbeth games is they also arrive with the majority of schools curricula, meaning students will learn so as to talk about the drama in the school.Lady Macbeth is in the palace and is talking with a servant. She asks the servant if Banquo has left the castle. He tells her that valiant Banquo will be back in the evening.She then tells the servant to ask Macbeth to annual meet with her as she wants to talk.Love is the crux of the issue in an pre Shakespearean humor.After graduating, his friend died in an auto collision.

The woman looks enjoy the marble statue.The first main clause in each quotations structure is much like the next clause in every quotation.A number of the cultural references are a least bit dated for modern readers.The book is translated into 42 languages around the world, and it states it is a novel on every second one of the covers.