Friday, November 29, 2019

Battleship Potemkin

Battleship Potemkin Introduction Sergei Eisenstein’s 1925 film Battleship Potemkin represents a classical example of formalist editing in cinematography. According to most well-known enthusiasts of this style of editing, such as Pudovkin and Eisenstein himself, the semantic significance of film’s mise en scene should not be dialectically explored but rather constructed.Advertising We will write a custom essay sample on Battleship Potemkin specifically for you for only $16.05 $11/page Learn More Both individuals tended to perceive the process of movie’s editing as being similar to the process of composing music – just as composer constructs a melody out of individually sounding and often dissonant musical notes, film’s director endows a particular scene with semiotic significance by the mean of providing scene’s takes with contextual wholesomeness. While outlining the essence of formalist editing, Gianetti (2001) states: â€Å"The envir onment of the scene is the source of the images. Long shots are rare. Instead, a barrage of close-ups (often of objects) provides the audience with the necessary associations to link together the meaning† (p. 157). Given the fact that Eisenstein never ceased being closely affiliated with promotion of Communist agenda, it comes as not a particular surprise that he had chosen in favor of formalist editing – by juxtaposing scenes’ seemingly unrelated shots, he was able to endow his films with clearly defined ideological sounding. In the same book from which we have already quoted, Gianetti provides us with the insight onto the actual technique of Eisenstein’s style of editing: â€Å"The conflict of two shots (thesis and antithesis) produces a wholly new idea (synthesis). Thus, in film terms, the conflict between shot A and shot B is not AB but a qualitatively new factor- C† (p. 158). In the next part of this paper, we will explore how Eisenstein went a bout applying the methods of formalist editing in Battleship Potemkin at length. Analytical part Even the very beginning of Battleship Potemkin is being perfectly illustrative of how the utilization of formalist editing in film can achieve a strong dramatic effect. At first, there is a take of battleship’s physician wearing a monocle, meant to emphasize his association with the class of bourgeoisie (00.05.43). After that, follows the shot of maggots crawling all over the piece of meat, which was supposed to serve ship’s sailors as food (00.05.45). After having exposed viewers to this take for a while, Eisenstein sharply replaces it with the shot of angry expression on sailors’ faces (00.05.60). It is needless to mention, of course, that from purely semantic perspective, the sequence of these shots does not make much of a sense.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn Mo re Nevertheless, after having watched this particular scene, viewers quite unintentionally get to absorb the idea that Eisenstein wanted them to absorb – namely, the fact that, while serving in Russian Imperial Fleet, sailors used to be subjected to a number of different abuses, which had prompted them to revolt. Just as it is being often the case with today’s TV commercials, the main idea that combined earlier mentioned shots into something that conveyed cognitively recognizable ideological message, only existed in director’s imagination. And, it is namely the fact that Eisenstein was a master of psychological manipulation, which had allowed him to impose his obscure and morally repugnant ideas upon viewers as representing some objective value. Another clue as to the actual essence of Eisenstein’s formalist editing can be found in the scene where revolutionary speakers address angry mob (00.41.32 – 00.42.19). Given the fact that Battleship Potemkin is a silent movie, exposing viewers to the sight of crazed revolutionaries encouraging marginalized crowds to kill nobles, while intensely gesturing, making angry faces and spewing saliva, during the course of the process, does not appear rationally motivated – after all, there is no sound in the movie. Nevertheless, by having this particular scene presented in his film, Eisenstein did not aim at subjecting viewers to Communist propaganda per se, but rather at making them cognitively comfortable with this propaganda as a concept, because on subconscious level, people tend to associate emotional intensity with intellectual honesty. In other words, just as it is being the case with the shots of maggots crawling over the piece of meat, the shots of hook-nosed political activists instigating ‘proletarians’ to overthrow Czar had served the cause of psychological manipulation, on director’s part – a clearly formalist editing technique. Neverthel ess, it is specifically the scene of czarist police shooting at civilians in Odessa, which provides us with the full understanding of how the utilization of formalist editing had helped Battleship Potemkin to attain a cult status. After police fires a salvo at demonstrators, we get to watch the following sequence of structurally unrelated takes: people running down the ‘Potemkin stairs’ (00.49.23), some kids laying on these stairs and crying, while being stepped upon (00.50.08), a bug-eyed woman experiencing an emotional distress (00.50.12), the older woman making jesters with her hands (00.51.18), one-legged man maneuvering through the running people on his crutches (00.51.48), police officers firing another salvo (00.51.51), woman with a baby in her hands catching the bullet (00.52.53), people running again in a chaotic manner (00.53.07), and finally the baby-carriage with a baby rolling down the stairs on its own (00.54.57), with this shot climaxing the whole scene.A dvertising We will write a custom essay sample on Battleship Potemkin specifically for you for only $16.05 $11/page Learn More Apparently, Einstein was well aware of the fact that, even though the scenes of police shooting at civilians do not occur very often in reality, his depiction of such a scene nevertheless would be perceived by viewers as perfectly plausible, due to its strongly defined emotional undertones. In their turn, these undertones had been brought about by director’s mastery in utilization of formalist editing. Conclusion Even though that in ‘artsy’ circles, the application of formalist editing in cinematography is being often considered as the only appropriate, due to such editing’s ‘sophistication’, the majority of movie goers do not subscribe to this point of view. And, this has nothing to do with their lessened intellectual abilities, as is being implied by enthusiasts of ‘auteur’ genr e in cinematography, but simply with the fact that this style of editing does not correspond to the linearly defined workings of Westerners’ psyche. In formalistically edited movie, there is very little of an actual movie, but mostly theory. The watching of Einstein’s Battleship Potemkin is like observing Malevich’s Black Square painting – without having been introduced to both individuals’ highly irrational and superficially sophisticate life-philosophies, it would prove quite impossible to define the actual significance of their cinematographic/artistic creations’ themes and motifs, if we assume that they do exist. As Gianetti had put it: â€Å"Eisensteins theories of collision montage have been explored primarily in the avant-garde cinema, music videos, and TV commercials. Most fiction film ­makers have found them too intrusive and heavy-handed† (p. 168). Thus, even though in Battleship Potemkin Einstein did succeed with providin g an emotional appeal to the Communist cause, he nevertheless had failed in making this particular movie watchable – after all, viewers do not particularly enjoy the feeling of being intellectually manipulated by the mean of being forced to accept director’s own ideological agenda as representing an undeniable truth-value. References Gianetti, L. (2001). Understanding movies. 9th ed. Upper Saddle River: Prentice Hall.

Monday, November 25, 2019

The Secret of Writing a Literature Term Paper All Hows #038; Whys

The Secret of Writing a Literature Term Paper All Hows #038; Whys A term paper is a writing assignment you are supposed to be writing for the duration of an entire term. Usually it deals with one of the topics involved in your course – the difference from your day-to-day studies being that you should get deeper into it than is supposed by the general course, and do individual research. To a significant extent, this is what the goal of a term paper is – to give you an opportunity to carry out independent research and demonstrate that you both possess enough basic knowledge of the topic and are capable of finding relevant sources and working with them. A literature term paper usually deals with a particular literary work or works by a particular author, but sometimes it can be a comparative analysis of several texts, or even of schools of literature. How exactly one approaches writing such a task depends on the topic of a particular assignment, but all of them bear similarities – and this literature term paper guide will show them to you so that you never again experience problems writing literature term papers. On average, a literature term paper writing would be about 12-15 pages long, although you should ask your instructor how long yours should be, because this value can vary from college to college. How to Choose a Topic for Your Literature Term Paper Unless you’ve been given a specific topic to cover, the first question you face when dealing with a literature term paper is what to write about. The amount of freedom students get is different from college to college and from instructor to instructor: sometimes you are not given any choice at all, sometimes the topic is vaguely sketched for you, sometimes you are free to write about whatever you like. Whatever freedom you have, use it wisely: Try to select a topic dealing with the text you know well, especially if it is a larger work of literature like a novel. Having to read an entire book to prepare yourself to write a term paper can take a lot of time you may better use looking for secondary sources and doing research; Try to be original and choose a topic that hasn’t been covered by dozens of authors before you. How to do it? Try using online academic databases like Google Scholar or JSTOR. Type in the title of the text you intend to write about and see what topics crop up. If something close to what you wanted to write about appears several times, it is better to look for something else; Try taking an unusual and unexpected stance. If the text you are writing about is normally interpreted in a specific way, how about doing exactly the opposite and choosing a point of view that is drastically different from the one sported by the rest of academic community? This way you will both get an original topic and will be able to use all the research other writers did before you; Do a bit of mind-mapping brainstorming. This is an incredibly powerful tactic to kickstart your creativity. Take a sheet of paper, write down the title of the text you intend to write about at the center and start jotting down every idea that pops up in your head all around it. It is important to do it in this format and not as a list – many practitioners of this method report that this freeform arrangement (as well as the use of multi-colored pens) helps them generate more and better ideas than normal. Once you’ve settled upon a particular topic, it may be a good idea to ask your instructor if it is alright, in case you’ve missed some of the requirements. After all, you will spend an entire term working on it, and finding out at the end of this period that you’ve been working on an incorrect topic is not a very pleasant outcome. Here are some examples of topics you may find useful: William Shakespeare: Popular Myths and Known Facts; The Influence of Victorian Era on Modern Literature; Brave New World by Aldous Huxley and Its Influence on the Popular Image of Dystopia; The American Dream in Literature; Medieval Literature in Europe and in Japan: How National Literary Traditions Reflect the Cultural Differences; The Idea of Racism in the Literature of 1960s and 1970s. Preliminary Work Before you set about writing per se, you should take care of a few other things: Composing your thesis statement; Collecting secondary sources; Preparing a plan or an outline. Depending on how well you are acquainted with the topic, the first two stages can go in any order. Thesis Statement Your thesis statement is the primary idea behind your entire paper in the form of a declarative sentence or two. It is important to differentiate it from the topic, as the topic simply defines a general area of research (e.g., the image of a faux-utopian society in Brave New World by Aldous Huxley). Meanwhile, a thesis statement expresses your views upon the subject matter, gives away the main point of your term paper (e.g., Aldous Huxley’s depiction of faux-utopian society in Brave New World had a strong impact on science fiction genre after him). Although the thesis statement isn’t the first part of the paper and goes after the introduction (or as its closing part), it should be the first thing you write, because it defines what the rest of your paper is going to be about. When writing it you should follow the following conventions: Connect it logically with the introduction and body paragraphs that follow it; Make it short, clear and definite. There is no place for vagueness and ambiguity, so make sure there is just one interpretation of what you’ve written; Try to boil it down to a single statement. If you have to make several statements, try to closely connect them to each other. If connection between them can only be described as loose, chances are you have formulated your thesis statement poorly and it needs clarification and revision; After you finish the rest of the paper, make sure it stays relevant. You may find it necessary to adapt it to your changing perception of the topic. Secondary Sources There are two types of information sources you will use when working on your literature term paper: the primary source (i.e., the text at the center of your research) and secondary sources (critical articles, books and general research done by other people). A high-quality paper should contain a lot of quotations from both. It is important to maintain balance between independent thinking and reliance on the existing body of research concerning the issue in question. Obviously, the main goal of term paper writing is to teach you how to think independently about the text you analyze, but you should at the same time be aware of the ongoing critical debate about the text. Nevertheless, your work shouldn’t be a compilation of other people’s ideas – you should present them only insofar as they help you promote your point of view (or to try and disprove points you disagree with). Here are some useful suggestions for the work with secondary sources: Don’t add quotes and paraphrases just to bloat the word count of your paper. If you introduce them, do something about them: develop the idea they express, use them to illustrate a point or take an issue with them; Distinguish your thoughts and ideas from that of your sources. It is especially important when paraphrasing, because it is all too easy to let your words get mixed up with those of other authors. That’s why you shouldn’t simply mention things but react to them. Don’t take other people’s words as a matter of fact – always make a meaningful response to every quote you introduce. You may be accused of plagiarism if you don’t do this properly; Take notice of how the work of literature is perceived by other writers. Do most writers agree with your point of view or is there a dissenting view interesting enough for you to perhaps rethink parts of your thesis statement? Who agrees with you and who disagrees? Use this information in your writing. Outline It is often said that a minute spent in planning can save as much as 10 minutes spent in writing. Depending on your style you may write down a detailed outline mentioning every point and source of information you intend to quote at each stage or a very short and basic plan only mentioning the key points – it is up to you and what is more natural for you. Here is what your outline should contain no matter what: Introduction – pay most attention to the hook that grabs the reader’s attention and gives him a reason to read on. It may be an interesting quote, an unorthodox interpreting of some well-known fact about the text you research or anything else that works in your case; Thesis statement – see the guidelines above; Body paragraphs – make sure you introduce but a single point per paragraph and connect them between each other with transition words and phrases; Conclusion – here you restate the thesis statement and point out why you believe your research to be important and relevant for the continuing study of the text in question. Writing: Style Recommendations from Our TOP Academic Writers University-level term papers have to be written in formal style and clearly show your understanding of how academic discourse is carried out. Depending on the requirements of your particular university and instructor, the necessary style may be different, but some things are almost always present in literature term papers: Focus on argument and meaning. You present your findings and back them up with information from both the primary text and secondary sources. Your personal perception and emotional response are of secondary importance (if they are relevant at all); Use exclamation marks sparingly, if at all. They give off an impression of overly emotional attitude, and you should try to appear as objective as possible; Italicize the titles of books and other publications and foreign words used in English text; Choose a system of punctuation and be consistent with it. It is especially important in case of quotes: for example, British system uses single quotes first and double quotes if there is a quotation within a quotation. If you jump between several different systems or use no system at all, it makes a very bad impression; Use rhetorical questions (i.e., questions that aren’t intended to be answered) carefully, if at all. You write a scientific work, not a speech; Always make sure you quote accurately and don’t introduce any changes into the quoted material. If you want to attract the reader’s attention to specific words (for example, to demonstrate that a mistake is present in the original text), use ‘sic’ in square brackets after the word you want to emphasize. Proofreading and Revision: Questions You Must Ask Yourself Proofreading and revision on a university level is far less concerned with grammar, spelling and syntax than it used to be in school – you are expected to have more or less flawless English by that point. What you actually have to pay attention to can be summed up in this series of questions you should ask yourself upon finishing your paper: Is my paper relevant to the question as it has been set? Have I built a sound argument, with each stage of reasoning clearly marked? Have I illustrated my points with sufficient and relevant evidence? Have I provided enough background materials for the reader to understand my argumentation? Have I been sufficiently independent in my thinking and interpretation of the primary text? Have I been able to fit my paper into the maximum afforded word count? Have I quoted and referenced all the sources I’ve used? Have I formatted my paper according to the required style guide? For better results, ask somebody else to read your paper – they will be able to provide better insights into what can be improved or removed altogether. We hope that these literature term paper writing tips will be instrumental in assisting you with your next literature term paper!

Friday, November 22, 2019

What is Utilitarianism What are two objections to this view Essay

What is Utilitarianism What are two objections to this view - Essay Example The man behind the Utilitarian concept is Jeremy Bentham and he weighed pleasure and pain as the consequence of one’s own action. More precisely, Utilitarianism refers to a concept where in the proportion of pleasure and pain is related to the course of action performed by a human being. According to this concept, only pleasure is good and pain is bad. The Utilitarianism concept can be considered as one kind of consequentialism, where the happiness is considered as the measuring tool to gauge the morality of an action. According to Bentham, only an action can be morally right if it brings utmost happiness to a person. If it is not bringing pleasure then the action is regarded to be wrong. Utilitarianism is an ethical theory which focuses on right and wrong based on an outcome of an action or a policy. This theory is not restricted around the interest of oneself but consider the goodness of other too. One of the principles of utilitarianism is that it gives high importance to t he role of pleasure and pain in our life. Secondly, it considers an action good or bad based on its consequences. Thirdly, this theory equates goodness with pleasure and bad with pain. Thirdly, it acknowledges pleasure and pain as a quantifiable emotion. Bentham has also attached some criteria to measure pain and pleasure like intensity, certainty, nearness and duration. Moreover, the criterion of â€Å"extent† is used to quantify the actions which affect many numbers of people. Objections to Utilitarianism Objection One: The one objection to Utilitarianism is that, life is not all about physical pleasure but the aspects like virtue, knowledge matters too. Is life a phenomenon, where action can be gauged with pleasure and pain seeking emotional element? Is it not core valuable principle of ethics and morality the corner stone of life? It is satirical to think that one achieves physical pleasure by conducting ethical and moral principles in life. Physical pleasure cannot be re garded as an end to the mission of life. Moreover, virtue is accountable only if one performs selfless service which in turn is not a pleasure giving affect. Additionally, knowledge is acquired through pleasure but by hard work and by undergoing painful experiences. Here utilitarian concept cannot be applied as the objection proves that gains from pain taking experience are far more valuable than actions which give only momentary physical pleasure. Response: The response to the first objection is that, life should not be only concentrated and focused on physical pleasures. The aspect like virtue and knowledge matters a lot when it comes to the issue of psychological pleasures of a human being. If a person has knowledge and good character he can gain self confidence and self realization which is far more superior to physical pleasure. . A man’s life should very well reflect morality, modesty and sacrifice. These elements might not give pleasure to a person, but they indeed pro ve his character to be valuable and divine. Moreover, acquiring knowledge requires hard work and the benefit of being knowledgeable is that one acquires wisdom. To acquire wisdom, one must go through various experiences in life and these actions are mostly less pleasure giving. For example, Socrates was a great Greek philosopher, who led an extremely simple life. He Life was not at all luxurious but his knowledge and virtue was par excellence. He never committed any action to achieve happiness but followed justice and morality. He experienced real mental happiness in practicing virtue and ethics but did not opt for physical pleasure as he defined senses as illusionary. Objection Two: Another objection is that,

Wednesday, November 20, 2019

Critical Success Factors For Innovation Management Research Paper

Critical Success Factors For Innovation Management - Research Paper Example Innovation is important for all organisations to improve and develop, as innovation creates a unique positioning and differentiation opportunity that can give a business more market presence. What is an innovation? Innovations are unique business practices, exclusive product offerings, or any other activity that is ground-breaking or pioneering in an industry. If an organisation does not innovate, it will not have longevity as more innovative competitors will begin to outperform a business that is complacent by doing business as usual without creating inventive strategies. This report highlights the critical success factors for innovation management. Innovation management practices Sebell and Terwilliger (2011, pp.1-3), managing partners at Creative Realities, Inc., believe there are nine distinct success factors for innovation management. These include: 1. Having a compelling case for innovation. 2. An inspired and shared vision for the future 3. A fully aligned strategic agenda for the innovation. 4. More visibility of senior management in the innovation process and operations 5. A decision-making model that builds teamwork 6. A fully sourced, multi-functional team dedicated to meeting strategic goals 7. Open-minded exploration of the marketplace drivers of innovation 8. Have a willingness to take risks and see value in absurdity. 9. A well defined, yet flexible execution process.... In this case, the business must have a case to justify sweeping product changes and determine a new market entry strategy to provide a product that brings revenue gains unique from competition. A business case is critical to coming up with a strategic plan for new innovation offerings. Having an inspired and shared vision of the future is highly important in innovation management. Fairholm (2009) describes the importance of having transformational leaders in the organisation, those who constantly iterate mission and vision, using relationship development techniques in the social environment to gain commitment and loyalty in teams. A new innovation, whether product-based or human capital-based, will often mean the business is now taking on a new direction in its market. Innovation management, in this case, means developing an organisational culture that is focused, united and dedicated to team philosophy. This often means that senior management officials must be more visible, as was i dentified by Sebell and Terwilliger (2011). In many organisational models, there is a recognition that change resistance often occurs that stems from differing principles, values or work ethics of different employees in a diverse organisation. In order to get the innovation planned, produced and ultimately launched, team philosophy is critical and this could require decentralising the organisation or creating a more socially-bonded environment for group working. In the case where an innovation is product-based, the organisation must understand the drivers of marketplace competition. For instance, a technology company that has revolutionised telephony communications would need

Monday, November 18, 2019

Women in general management Essay Example | Topics and Well Written Essays - 500 words

Women in general management - Essay Example   The Goodpaster article tries to outline some of the ethical issues that general managers confront in their location and the organizations. The issue of affirmative action is very common with many Managers, and this leaves them in an awkward position due to pressure emanating from within and outside the organization. Because of this, the article notes that managers need a more orderly way of thinking through the moral implications of policy decision. The above mission statement shows that women are capable of delivering given the favourable atmosphere. However, many societies and corporate environment don’t allow women to scale higher because of the negative perception of, â€Å"they can’t do." This has for over the decades subordinated the position of women in the corporate environment and gave men the chance to enjoy the opportunities. A good manager is one who weighs the available options and bases the actions on the policies that the organization has set. Simila rly, the actions that a manager resorts to must comply with the set laws such as ensuring affirmative action and implementing where it is due. Doing this will ensure that the decision passed by the general manager respects the rights of others, keeps promises and contracts, obeys laws, are fair and prevents harming others.Additionally, general managers can ensure they overcome the dilemma that makes them discriminate against women in leadership by following the three avenues of critical thinking as discussed in Goodpaster article.   

Saturday, November 16, 2019

Allied Irish Bank SWOT Analysis and Strategic Evaluation

Allied Irish Bank SWOT Analysis and Strategic Evaluation Allied Irish Bank performed the Market Entry Strategy to expand their business size. Stated below is the brief of their strategic evaluation in the aspect of suitability feasibility acceptable. Suitability Build on/exploit strengths In the late 1990s and early/mid-2000s, and capitalized on the buoyant housing market, booming business banking profits and much lower write-offs than in previous years, such profitability and growth have had a significant positive effect on the Irish Economy. That helps AIB having good capital base for future market development such merging. Shape Managements sense in the company, they clearly realized that internationalization is a good way for business expansion. Good/tailored services to be provided by the company towards customers, it can be helpful for the business penetrating into the market. Simultaneously, they are easily winning the reputation too. Good experiences in managing banking business, that helps the company to control over the new merging company. Overcome/avoid weaknesses Cultural Difference the company cant fully twin their culture to other countries, as easy to generate other contingencies problems. Complicated organizations chart caused human resources problems, like salary expenditure increased, hard to manage†¦. Exploit/Develop Opportunity Economy Growth in East Asia, that creates new opportunities for the company. Through Merging, obtaining the other customer base, co-efficient is expected. Counteract/avoid threats The other countrys government may not allow foreigner to obtain national bank and may set some restriction as a barrier. Expanding too fast may cause lack of capital if the business is running not as good as expected. Feasibility From 1966 to the end of 2005, the assets of $323.8 jumping up to 133 bn. Employee 24000 people and 750 offices now, that proved the company is profitable, emerged in the obvious capital gain and more employee needed Acceptability As the company asset built up rapidly, no wonder the companys price in stock market will be going up as well. That can fulfill the stakeholder needed. The company becomes biggest bank in Irish and gradually penetrate into other market and seems grow healthy. Stakeholder should also satisfies for the continually grow. Never heard that the company has any news about layoff, so assuming that the companys finance is good and staff is working stably. As company focused on the tailored service, their customers loyal should even be higher. Page 4 of 12 Subject : Strategic Management Name of Student : Chan Sheung Ming Student ID#2102 5544 Section A : Question 2 Here is the Strategic Development Plan of Allied Irish Bank (2007 2012) Background of the Company Allied Irish Banks (AIB) was structured in 1966, they brought together with the three distinctive Irish Traditional Banking companies: the Provincial Bank in 1825 the Royal Bank, eleven years later for mercantile links; the Munster Leinster that was formed in 1885, considered as the largest banks with the most large scale of branch network During that moment, the alliance was thinking out a best way to overcome the fragmented nature of the Irish banking industry. Hence in the middle of 1960s Ireland was changing fast and the merger had strengthened the position of the bank in the developing global business era. Over the decades, the company had showed an increasing expansion in the global arena, from its establishment of branch network in Britain during 1970s to its investment in the USA during 1980s Four decades since its establishments, it and be said that AIB has a dynamic and successful organization. As a result, in 1966, AIB had showed aggregate assets of Є323.8 million that had grown to Є133 billion AIB Groups is considered as the leading banking and financial services organization in Ireland that operates principally in Ireland, Britain, Poland and the USA. It has more than 24,000 employees word wide in more than 750 offices . It has four main divisions: AIB Bank (Republic of Ireland); AIB Bank AIB Capital Market; and Poland. SWOT Analysis (S)trengths Strong position in the home market; Good Image of the organization to the home market and other countries; Specializes in straight forward approach banking; Relationship oriented approach. (W)eaknesses Do not have enough knowledge and experience towards global banking; Not willing to take the risks; Afraid to jump to the bandwagon of internalization. (O)pportunities Blooming domestic economy; Large increases in the credit growth in 1990s and mid-2000s; Development of non-traditional bank; Trends towards international banking market; Exploit the Irish ethnic market in the UK; Access to Asian market; Merging and acquisition. (T)hreats Growing number of competition; Competition from businesses or banks that are offering e-banking. The SWOT analysis of AIB which pertains on the different characteristics or attributes of the organization as well as the external environment that can affect the entire decision-making process of AIB. The strength of the company focuses on its strong position in the home market. Thus, it enables the company to have a good image in other countries where in it also offers their services. In addition, the company also specialized in straightforward banking approach and relationship oriented approach where in it is considered as their primary advantage towards their relationship with the customers. The said aspect is the reason why AIB was voted as Britains greatest bank. On the other hand, the weaknesses of AIB focuses on its immaturity n terms of international banking, or lack of much knowledge in management in distance. The most visible example is their withdrawal from the Singaporean market. As a result, the company no longer has interests in taking the risks in other important markets in Asia, primarily in China. There are different opportunities that can be exploited by the company in order to improve and expand. First is the blooming domestic economy as well as the large increase in the credit growth during 1990s and mid-2000s. In addition, there is also a growing trend towards non-traditional banking or e-banking. This is due to the massive impact of the Internet. Thus, it is important to consider that in terms of emerging markets, the leaders in e-banking are found in Asia, and Singapore is considered as the primary e-banking customers, garnering 5% ( 2001). Thus, it shows that it will be important to focus on the Asian market, primarily in China, that is facing fast growth in terms of economic aspects. This can be done by the process of merging and acquisition. The major threat for the company focuses on the growing number of competitors in the industry, particularly those banks that are offering e-banking features and services. Mission The mission of Allied Irish Bank is to strengthen both domestic and international performance and position in the market of the bank. Objectives The following are the objectives of AIB: To maintain the competitive advantage of the company; To expand the size and branches of AIB in different part of the world; To promote efficiency, stability and effectiveness of AIB banking system; and To meet the changing demands, needs and preferences of the people towards their banking experiences. Strategies The Ansoff Growth Matrix is a tool that is used in order for a business to decide regarding their product and market growth strategy. It suggests that a business ability to grow depends on whether it markets new or existing products in a new or existing market (2007). The strategy of AIB will focus on Market development or offering the same product to a new market. This is important due to the growing influence of globalization to the banking system, thus going global is one of the most important way of expansion of size that will help to increase profits. In the case of AIB, the company had been able to apply new technologies including the Internet in their services, thats why it will be important for them to explore and exploit other nations or markets, particularly China. This is due to the continuous growth of Chinese economy. However, alongside with the said strategy, it will also be important to focus on improvement of the core banking system, together with the human resource management. Recommendations The following are the recommended strategies: Improvement of the System Application of Information System and IT in an organization is one of the most important actions that can be done by the organization due to the fact that it can help them to manage all of the data and information that are important and use it in the process of decision making. That is why it will be important to focus on application of core banking system that will give way for future enhancement or changes in the internal and external aspects of the company. In order to support the growth plans from 2007 2012, improve AIBs speed to market for new product introduction as well as to provide greater back-office integration, it is important to make a move to transform the core banking system by using packaged banking application that will ensure scalability, performance as well as reliability. This is important due to the growing competition, where in all of the major players in the world of banking are looking for innovative ways to modernize and improve their core systems that can help to reduce the operational costs by changing the massive server farms to a more flexible as well as efficient systems ( 2007). This strategy will focus on the product development, where in it will focus on the initiative of the company to offer new products. By doing this, it will enable AIB to gain competitive advantage by means of offering differentiate products or services towards the customers. As of now, more and more people are becoming aware of the security issues regarding their money, thus the technological advancement of a bank can affect the image of the brand, thus will help to create a feeling of security for the clients. Development of Centralized HR Activities It is important to consider that AIBs human resource management as the companys strengths due to its ability to motivates the employees, particularly the managers to work at their bests, as well as to communicate and relate to the customers in order to give what they needs and want to understand. However, the company is having difficulty in managing in a distance. This is due to the different issues, primarily culture and tradition. It is important to consider that culture plays an important role in the process of motivating employees. It will be important for AIB to apply international standards or principles, however it is important to know that people from other country, primarily Asia, has a different perspective and understanding towards several things, specially in terms of management that are related to leadership styles and approach. This also goes the same as the clients of the company. There are different characteristics between their client from the US and Asia. The said f actors must be considered in order to ensure that all of the rules, regulations as well as policies will meet the expectations and needs of all the stakeholders that are involved in the entire process of the company. This strategy will help the company to have a good customer relationship that will help to strengthen their connection with the customers. The said aspect is very important due to the fact that the attitudes, behaviors and knowledge of the employees, specially the branch managers and front personnel can affect the perception of the clients towards the bank. If the employees or personnel were knowledgeable enough, they will be able to answer the queries of the clients; therefore, it can help to build up trust, and later on strong and long lasting relationship. Expansion to Asian Market, Particularly in China As of now, Asia is considered as one of the most profitable on a pre-tax return on asset basis. As a matter of fact, the report of BCG in 2007 showed that the wealth managers in the Asia-Pacific reported a median pre-tax margin of about 45.5% during 2006 that beats the overall global profitability of 34.7%. As a result, the industry is expected to continue to growth to about 20% to 30% a year, together with the increasing number of well-heeled individuals as well as greater awareness regarding shifting of cash in the banks (2008). The improving and booming economy of China has been accompanies by the fast-growing banking sector of the country. It has been showed that by the end of 2007, the total assets of banking sector of China had reached a total of 52.3 trillion, showing a great annual growth of 17.4% from 2003 2007. The banking industry in the country is considered as the primary provider for capital of about 80% of the non-financial enterprises fundraisings in the most populous nations in the world as well as the fastest growing major economies ( 2008). This strategy will help the company to expand to a vast market, particularly China, due to the development of its economy. Section B: Turn Around Management in Marks Spencer Background of the Company Marks and Spencer emerged as one of the largest retail companies in the world that had become a limited company in 1903 in Manchester, Britain ( 2006) Marks and Spencer plc is the largest retailer in the UK. It has 300 company-owned stores, with more than 68,000 employees around the world that sell clothing, footwear, gifts, home furnishing and food to more than 13 million shoppers. Most of the products being sold under the private label St Michael brand ( 2006 (. In addition, the company also owns and operates more than 100 stores in different part of the world such as Europe, Hong Kong and Canada. There are more than 85 franchise stores of the company that can be found in Europe, Far East, Australia, the Middle East, the Bahamas and Bermunda . MS owns the Brooks Brother, its chain of store of mens clothing that has more than 170 units in Japan as well as the US. In addition, MS also owns 20 stores of King Super Markets grocery store chain in New Jersey Causes and Symptoms of Decline It is important to consider that the primary cause of any decline in profitability is bad management. This is because if management were enough and applicable in the process of tracking the success of the companys products and changes that are likely to take place in their respective markets, and if the company is taking the correct actions, then profits would not decline. However, as such success would require omniscience; even the most systematic managers will make mistakes (1996.) Poor Management All of the problems start at the top, thats why poor management is often the primary reason to the decline in profitability. This is due to the fact that those personnel or people that are responsible for the different operations of the company are making wrong decisions regarding the specific strategic decisions that are being made or even to the personnel that are being employed in order to implement the said decision ( 1996, ). In 2002, , a Belgian executive who is responsible in the turn around of MS, that causes the company to report a four consecutive increase in terms of sales, hand over to Roger Holmes, considered one of the youngest chief executives of blue-chip Brits companies (2002). The said event is considered as one of the primary reason for the decline of MS, due to mismanagement by the CEO. Most of the senior and middle management reported that they are disappointed with the lack of progress, due to leadership problems of Holmes such as being to nice, taking too long to make decisions and lacking relevant in terms of experience. Another cause of decline of MS is the complicated structure where in beyond the main board was an operating committee with 19 members. The said aspect is due to the fact that CEO was not that familiar with the core products of the company. Financial Control It is also important to include that poor financial control is a common cause of falling profitability due to poor budgetary control, inadequate costing system as well as the inability to monitor as well as control cash (1996). In the cause of MS, Holmes believes that throwing more money at the problem can be the best way to boost profits. This can be seen in the massive actions of the company which involves acceleration of transformation of the business by firing employees, and development of stores and other line of products ( 2004). Marketing Efforts Lack of trust from the customers is considered as one of the causes as well as symptoms of decline. This has been one of the primary problems of the company. Customers had complained that the trust had been damaged, due to the fact that the company was already offering low-quality products. In addition o that, the company had a problem regarding their innovation process, which is considered as very important aspect in any company. Production and Operations The fallen quality of the product is one of the primary aspects that focus on the production and operations aspects of the company. In MS, it was due to poor labor relations of the upper management. Environmental Factors The changing demands, tastes preferences and needs of the customers are the primary factors that can affect any company. However, in the case of MS, the company did not focus on strategies that will help them to meet the said change. The said aspect is important because it can greatly affect the perception of the customers in any brand. In addition to that, more and more customers are looking for products in lower price but in good quality. Thus, in order to meet the said expectations, the company decided to implement different strategies that will help them to lower their price, like their competitors, however, the said aspect affected the quality of their products that later on affected the demand of the customers. As a result of the said causes, the company encountered falling profitability, falling dividends, increased debt, decrease liquidity and falling sales (1996). This can be observed on the fact that despite of more than 10 million customers every week, the company have not yet recaptured the glory days between 1997 and 1998 when it had made over  £1 billion pretax profits. In 2004, MS announced a decreased in sales of 3.6%, compare last year (2004). Recovery Strategies The management was changed in 2004, as part of the entire organizational change when Robert Rose took place. Rose focuses on the five core values of new MS: quality, value, service, innovation and trust. This is due to the fact that Rose believe that Holmes management focuses on the management processes instead of products, costs and disapprove of their decision for not growing out of town. As part of that, Rose decided to have a partnership with HSBC in order to manage the financial division of the company. This is due to the fact that the company, under the previous management showed characteristics such as no coordination across department; as well as the fact that the product proliferation by sub brands had weakened the core proposition. Aside from that, it was also found out that the process from drawing board up to the shop floor was kind of slow that resulted to lack of innovation due to weak pricing strategy. The change strategy of the company focuses on abandoning , because it was not targeted at natural MS customers; obtaining Per Una from Davies for  £123 million; canceling more than 500 food products; developing supply chain and sourcing in order to reduce the overhang of the stock; stopping waste and unnecessary administration costs; improving different core services; returning  £2.3 billion to the shareholders; moving to out-of-town retail centers; restructuring and redundancy; changing the mentality of the employees; and closing or upgrading the companys stores The said strategies had been done by focusing on the internal communication process, as well as focusing on the needs and demands of the customers in terms of styles and qualities of their products, as well as the services that are being rendered by the employees towards the customers. Current Strategies In 2007, under the new management, MS had reported its strongest results since 1998, showing a profit of 29%. In addition, the company increased their appeal beyond the middle-aged, middle-class housewives by offering younger brands such as The Limited Collection. The said strategy enables the company to focus on one particular segment of their customers. The primary problem of the company is the pricing process; this is due to the fact that MS primarily perched at the top end of the mass market by selling high-quality products that the customers were willing to pay a little more for. However, due to the changing preferences of the customers, together with the growing competition with other stores, primarily Tesco, that is offering the same type of products, the company decided to focus on lowering the price of the products that they are offering. Aside from that the company also focuses on their food division in terms of marketing, by showing to their customers the importance of the quality of their products (2008).

Wednesday, November 13, 2019

European Fascism Essay examples -- European Fascist Regimes

Fascism is both an outgrowth of and a reaction against nineteenth-century liberalism. Nineteenth-century liberals argued for laissez-faire economics, the equality of men (and it was, explicitly, men), and the universality of human progress and human reason. Underlying all of these ideals was the sanctity of the individual. By the 1920s, though, these liberal ideals were challenged (Paxton 36-41). Laissez-faire economics led to dingy, heartless industrial towns; anthropological research called into question the equality of all people; economic crises threatened to drop the newly emerging middle-class into the proletariat, arguing against progress; and the mass annihilation of human life in the Great War eroded belief in rationality. Fascist regimes developed in response to the crumbling world view of the West. Fascists offered a â€Å"national revival in which racial purity, mass fervor and authoritarian rule somehow reinforced one another† (Paxton 218). By defining the nation in opposition to other races, fascists promoted a sense of inclusiveness and security. The idealization of the nation as an organic being promoted jingoistic fervor and a sense of worth. Finally, the authoritarian figure (always a man) was reminiscent of older, and therefore more secure, forms of rule—the father figure or the monarch. Fascists offered remedies to what many saw as the disease that was modern culture. These fascist themes—racial purity, mass fervor, and authoritarian rule—are held together by one common principle: the degradation of the individual and concomitant exaltation of the group. This principle is a reaction against liberal ideas that lionize the individual. The mechanism by which fascists degraded the indiv... ...f fascism, can we afford it? These five authors answer a resounding no. Works Cited Blackstone, Bernard. Virginia Woolf: A Commentary. London: Hogarth, 1949. Camus, Albert. The Plague. Trans. Stuart Gilbert. New York: Vintage International, 1991. Horkheimer, Max, and Theodor Adorno. â€Å"The Culture Industry: Enlightenment as Mass Deception,† in Dialectics of Enlightenment. New York: Seabury Press, 1972: 120-167. Leser, Esther H. Thomas Mann’s Short Fiction. Cranbury: Associated University Press, 1989. Mann, Thomas. Mario and the Magician. Trans. H. L. Lowe Porter. New York: Knopf, 1931. Parker, Emmet. Albert Camus: The Artist in the Arena. Madison: University of Wisconsin Press, 1966. Paxton, Robert O. Europe in the Twentieth Century. San Diego: Harcourt Brace Jovanovich, 1985. Woolf, Virginia. Three Guineas. London: Hogarth, 1977.

Monday, November 11, 2019

Merits and Demerits of the Internet Essay

What are the Merits and Demerits of internet Merits †¢ Shopping: Along with getting information on the Internet, you can also shop online. There are many online stores and sites that can be used to look for products as well as buy them using your credit card. You do not need to leave your house and can do all your shopping from the convenience of your home. †¢ Online Chat: There are many ‘chat rooms’ on the web that can be accessed to meet new people, make new friends, as well as to stay in touch with old friends. more marites of internet are that we can search any thing easily . e get a lot of knowledge from internet. Demerits †¢ Pornography: This is a very serious issue concerning the Internet, especially when it comes to young children. There are thousands of pornographic sites on the Internet that can be easily found and can be a detriment to letting children use the Internet. Spamming: This refers to sending unsolicited e-mails in bulk, which serve no purpose and unnecessarily clog up the entire system. there are many more demerites of net What are the merits and demerits of electronic media? Television spreads information in an accessible format to viewers quite quickly. When an important event occurs, the audio and visual proceedings of that event can be broadcast in order to inform viewers of the event. This of course requires the proper technicians, reporters/journalists/broadcasters/etc. , equipment, timing, and infrastructure that work behind (and in front of) the scenes to bring a programme to the viewers. When information is presented, such as a political party’s platform, television can be quite useful to a viewer. Of course, a fundamental problem arises when a company needs to hire and maintain the infrastructure needed to perform the television service: they need money! Unfortunately for television, there are numerous other sources where one may obtain information (the internet, newspapers, radio, word-of-mouth) and therefore television must find methods of attaining and maintaining viewership. [Of course, viewership allows the company to provide an advertisement space that is very lucrative for other companies. ] These methods may include: †¢ Quick reporting – the fastest person wins, sort of thing. This tends to be inaccurate and speculative in nature, but does provide instant viewership. †¢ Sensationalism – attention-grabbing, controversial programming. Tends to focus on wild or shocking stories rather than â€Å"boring† (although possibly more important) issues. I could go on, but that’s a good place to start. When I say TV, I immediately think entertainment. Therefore it may have started purely as an entertainment method. We will never know 🙂 However, with the current events these days, network/TV bias is playing a large role in politics among other things. Something else you could look into.

Saturday, November 9, 2019

Consent to medical treatment medical law Essay

Consent to medical treatment, medical law Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Medical treatment and law are interrelated, the relationship between the two resulted to medical law which is of greater help for millions of people in the whole world. Medical law varies in different countries. They all serve the same purpose of protecting the interest of patients during the time of medication process. Medical law covers different areas of medication and it contains different sub-laws that define different areas of medication. The issue of consent is one of the critical issues that are addressed by this medical law. This is because there have been many cases where patients have been subjected to medical treatment without their will. Medical law gives patients the right to make decisions of their will without any influence but under certain conditions like capacity of the patient to make decisions. The torts of negligence and battery are also common issues that are addressed under medical law. The two torts register the hi ghest number of cases in courts because they are commonly violated by the medical practitioners. The objective of the paper is to critically analyze the concept of consent, tort of battery and tort of negligence. The analysis will be supported by different case laws under each concept.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Consent is a situation where a patient is given the right to decides what should be done to his or her body. If a medical practitioner touches the patient without this concept, the act is referred to be unlawful. A medical practitioner is said to act lawfully when touching a patient under the following circumstances, but it is good to note that each circumstance depends on the category of the patient. The major categories of patients are; adults who are competence, adults who are incompetence, young people of below 16 years old and patients who require urgent care. For the case of competence adults the medical practitioner must get the concept of the patient before subjecting him or her to medical treatment. The consent should be from the person but not any person because the law views a competence adult as a person who can make right decisions. If the physician touches the patient without his or her concept, the act is completely unlawful .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the category of incompetent adult, the medical law defines that the person cannot make right wise decision and thus the physician should not comply with the person’s consent. However, this does not mean that the physician has the right to subject the person to medication. The physician should get the concept of the court of law or close family member of the person and in this case, the physician can touch the person lawfully. The category of Children of below 16 years old can be well explained using the Gillick vs. West Norfolk health facility. In this particular case, the West Norfolk was changed in the court of law because of subjecting girls of below 16 years old to contraceptive treatment without the concept of their parents. This indicates that a medical practitioner should not touch a child of below 16 years without parental or legal consent and thus it is lawful for a medical practitioner to touch a child under the consent of parents. In the category of emergence cases where urgent treatment is required, the physician should first use all the means possible in order to get the patients consent. However, the physician can subject medication to a patient without consent and it becomes lawful under the following situations which are highlighted in the medical law act. If the patient is disabled in search a way that he or she cannot be able to communicate, if there is a language barrier between the patient and the medical practitioner, if the delay would cause dangerous complications to the patient, if all possible ways of getting the patients consent has been exhausted and if there is a good reason that the patient cannot refuse the treatment. The above reasons give the physician the right to touch a patient lawfully.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There many instances where the medical practitioner acts against the consent of the patient. The medical practitioner commits a tort of negligence. This is a very dangerous tort because it has left many people dead and others disabled, it is mostly caused by lack of proper concentration and seriousness of physicians in their medical operations. There are many cases where the physicians have been sued because of acting against or without the consent of the patient. A good example is the Alexander Baez vs. Sylvester. Alexander was a body builder and he decided to go to a medical practitioner for Pec implants the doctor by operated him implanted him with breast implants instead of pec implants. This is just a representation of millions of cases that involves tort of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of consent is very critical; this is because the medical practitioner is usually reliable for touching a patient without consent and also treating a patient with consent which is not well informed. The main issues lies on to what extent should the medical practitioner advice the patient when coming up with the consent. Two cases can be of greater help in the process of analyzing this issue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first case is the case between Sidaway vs. Bethlem. Sidaway was a patient where she had gone for a surgery in order to remove a trapped nerve. Bethlem was the one who handled the patient. After surgery, the patient paralyzed and he sued the doctor because of negligence. He claimed that the doctor had not disclosed the negative effects of the surgery and thus it was a form of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second case is between Chester vs. Afsher. Where Chester was a journalist and she had a problem of back pain and one of her medical practitioner advised her for a surgery. Chester decided to visit Afsher as a private patient and she requested for a spinal surgery. The surgery caused nerves damage and she became paralyzed. As a result of that, she sued the doctor for negligence because she claimed that the doctor had not disclosed all the information about the negative of the surgery.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The two cases were addressed in different ways though they look the same, the judge in the Sidaway case sided with the doctor’s side while in the majority in the Chester case sided with the patient side. The two cases were under the English law that states that the patient must be provided with all information whether positive or negative about the medical operation for the purpose of making balanced decision. In both cases, the patients complained that they had not been well informed about the possible consequences. The first case judgment was against the English law because the doctor had not provided with all the information. In the second case, I strongly agree with the majority in that case who supported Chester. This is because failure to provide the necessary information to the patient is a form of negligence and thus the doctor went against the law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Self-determination of patients influences the consent making process in a greater way. In the Sidaway case, lord Scarman endorsed therapeutic privileges. This has massive effects to the patients because it raises the self-determination of the patient. If patient’s self-determination is triggered there is a possibility that the patient would make decisions out of excitement. This has resulted to a lot of cases of negligence which are indeed out of patient’s high hopes in making their consents. That is the reason why the medical practitioners should provide the both sides of information in order to give the patient a chance to make balanced decision which are not out of excitement or any influence. This would reduce many cases of negligence which affects both parties depending on the jury addressing the issue. There is no danger of informing the patient about all the information concerning the operation regardless of how simple it is because it is not easy to know the information that will have an impact in the decision making process of the patient.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Operation to correct sticking years is an operation that is carried out by medical practitioners in for prestige because stick ears have no health complications. Many parents prefer to take their children’s for this operation while they are still young. However, anything that might happen to the child during the operation is justified and the medical practitioner cannot be responsible of anything.This is because the consent of parent is enough to legalize the child operation. However, there are some circumstances that can prevent this justification. The medical operator should provide all the necessary information about the operation and failure to do so can result to lack of justification. Beauchamp vs. Childress case is a good explanation for this point because the case addressed the issue where Childress organization sued parents and physician who operated a child and the child developed problems. The jury ruled in favor of paren ts and physicians because the stick year operation was done in consent of parents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of circumcision is related to the above case but it takes different angles, this is because there is child circumcision and adult circumcision. In the case of child circumcision, the consent must be from the parent and they have the legal right to make the decision. In this case, the circumcision process is justified and thus the doctor has no blame if there is proper application of skills.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The situation can be unjustified if the medical operator shows any kind of unprofessionalism or if the child experiences complications which are as a result of physician’s era. There is a difference between the law of circumcision in males and females. The male law on circumcision is not well established because male circumcision is viewed as a normal process. The male law of circumcision states that parents of a child have the right to circumcise their male child or not. It is good to note that this law does not tackle the issue of circumcision based on cultural or religious believes. When it comes to female circumcision, the law does not support it in any way. It is illegal to operate a female whether in her consent or in the consent of another person. The law prohibits parents form influencing their children for circumcision in any way. The law also prohibits the gentle mutilation whether with the consent of the child or with the consent of the parent. The law further elaborates this issue the tort of battery, the law explains that a medical practitioner should not in any case use any means to persuade a female for genital mutilation. Male circumcision should not be made illegal because it is performed under the consent of parents and also it does not have dangerous complications. Mental capacity Act 2005 section one two contains detailed guidelines on how best interest of a person who lack capacity should be determined. When a person has no capacity to make decision, the best interest of the person is determined. A person can be disabled in a way he or she cannot be in a position of making any decision or there can be a language barrier between the patient and the physician and that is where the concept of best interest is applied.That Act states that the best interest of the person should not be determined according to the age or physical appearance of the person. Best interest of incapacitated patient sh ould be determined by, consultation of any person who is to the patient, any personal interest that might have been written or said by the patient when he or she was in full capacity and the decision of the attorney. The Act further elaborates that all process that should make the patient to give the consent should be exhausted before deciding the best interest of the person. Lastly, the beliefs if any of the person should be used to determine the best interest of the person because the act argues that the beliefs influence the decision of a person in a greater way.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Least restrictive alternative principle mean is applied when determining the best interest for an incapacitated patient. The principle states that when applying the best interest, the less intrusive option should be considered. This means that some options that are suggested as best interest are not the same, there are some which are more convenient to the person and they should be given the first priority. In case of unconscious person in a surgery table and the doctors operating the person notices that they would have an additional operation that they had not explained to me, the following is the best suggested for them that they can proceed with. Since the person is unconscious which means have no capacity of giving his or her views, the best interest evaluation process should be carried out. The doctor should consult the relatives of the person concerning the issue if any. They should also assess the previous agreements in order see wh ether there was any document that the patient had written that could be of any help. The principle of the least restrictive alternative should be taken. The best option should be continuation of the process because it would of benefit to the patient and it would be the only chance for the survival of the person. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In conclusion, it is the right of every patient to give consent before any operation is undertaken although this seems to depend on the condition of the patient at that respective time. This would be for the benefit of both the physician and the patient. Based on the above case study and the English law, physicians are at risk of being sued upon failure of notifying the patient on the side effects of the operations. Many doctors prefer getting information from both the patient and the relatives to ensure balanced decision making that is not as a result of influence. The tort of negligence is also posed to be dangerous because it may lead to disablement or death of a patient if the doctor is careless. Both torts, the tort of negligence and battery are said to be the most violated by physicians References Beauchamp and Childress. The Principles of biomedical ethics, (1979) P. 3 Sidaway v. Bethlem Royal Hospital (All Engl Law Rep. Feb 23;[1984] 1:1018-36, 1984) p.45 Gillick v West Norfolk and Wisbech Area Health Authority. 1984 (All Engl Law Rep. 1984 Nov 19-Dec 20 (date of decision);1985(1):533-591., 1984) p.120 General Medical Council (UK). Ethical guidance: Confidentiality. October 2009. http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality.aspBeauchamp TL, Childress JF. (2001). Principles of biomedical ethics, 5th edn. (Oxford: Oxford University Press) p. 209 http://www.hpa.org.uk/Topics/InfectiousDiseases/InfectionsAZ/NotificationsOfInfectiousDiseases/ListOfNotifiableDiseases/W v. Egdell. All Eng Law Rep. (1989 Nov 9;[1990] 1:835) p.53. Her Majesty’s Stationery Office (UK). (The Data Protection Act (1998). 1998) p.332 General Medical Council (UK). Confidentiality: Protecting and Providing Information. September 2000) p. 64 JACKSON, E. (Medical law: text, cases, and materials, 2013) p. 74 CHOCTAW, W. T. Avoiding medical malpractice: a physician’s guide to the law. (New York, Springer, 2008) p. 52 ​ Alaisdair Maclean . (2009). The legal regulation of consent – chapter 5 from Autonomy, informed consent and medical law by Alaisdair Maclean (2009). Jackson E. â€Å"Informed consent ​to medical treatment† and the impotence of tort – (First do no harm, 2009) p. 81 Alisdair Maclean . From Sidaway to Pearce and Beyond: Is the legal regulation of consent any better following a quarter of a century of judicial scrutiny – ​(article from Medical Law Review, 2009) p .213 Tom Walker What principalism misses – (in Journal of Medical Ethics., 2009) p. 9 Jose Miole One step forward, two steps back: the GMC, the common law and ‘informed’ consent –    (From Journal of Medical Ethics., 2010) p. 20 Rachael Mulheron Trumping Bolam: A critical legal anlysis of Bolitho’s â€Å"gloss† –( in Cambridge Law Journal, 2010).p. 67 CALLAGHAN AND COMPANY. (1912). Negligence and compensation cases annotated. (Mundelein, Ill. [etc.], Callaghan, 1912) p. 23 JACKSON, E. (2013). Medical law: text, cases, and materials. BRINDLE, N., BRANTON, T., STANSFIELD, A., & ZIGMOND, T. (A clinician’s brief guide to the Mental Capacity Act, 2013) p. 74 GREAT BRITAIN. Mental Capacity Act 2005: Chapter 9. (London, Stationery Office, 2005) p. 111 TOWNSEND, R., & LUCK, M. Applied paramedic law and ethics Australia and New Zealand. (Chatswood,N.S.W.,Elsevier Australia, 2013) p. 44 http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=520826. DIAMOND, J. L., LEVINE, L. C., & BERNSTEIN, A. (2010). Understanding torts. (New Providence, NJ, LexisNexis, 2010) p. 56 CHAMALLAS, M., & WRIGGINS, J. B. (2010). The measure of injury: race, gender, and tort law. New York, N.Y., New York University Press. POZGAR, G. D. (2012). Legal aspects of health care administration. Sudbury, Mass, Jones & Bartlett Learning. TAPPEN, R. M., WEISS, S. A., & WHITEHEAD, D. K. Essentials of nursing leadership and management. (Philadelphia, F.A. Davis, 1998) p.8 Source document

Wednesday, November 6, 2019

The Grapes of Wrath essays

The Grapes of Wrath essays The Grapes of Wrath is quite a compelling movie, filled with many universal truths and observations on human nature and society, especially where class is concerned. The movie is based on the John Steinbeck novel and takes place during the Great Depression in the 1930s when a dust bowl was created in Americas heartland because of drought, over farming and loose topsoil. The movie centers on Tom Joad and the Joad familys experiences during this hard time. One of the universal themes in The Grapes of Wrath is mankinds tendency towards greed. In the movie the Joad family is kicked off of their farm where they worked as sharecroppers for at least two generations. The reasons for the move to California vary for the Joads. The changing technology, in the form of huge tractors that can work the land more efficiently and more cheaply than the sharecroppers can, and the Great Depression of the 1930s cause the big companies that own the land to release the sharecroppers from there homes in an attempt to make the land turn a bigger profit, making the owners of the company richer. But, Murley, the man who stayed behind, hiding among the deserted farms, tells us that it is not that simple. The companies have to use the new tractor technology or they will go bankrupt, leaving their land to be bought by another company who will have to do the same thing to make sure they do not go bankrupt as well. Murley finds it hard to blame a nyone in particular and so has no outlet for his anger at being left with no place to live. Greed also affects the Joad family, when after having their dreams of finding jobs in California shattered, they take work wherever they can get it. Where they can get it, turns out to be a farm where they compete for fruit picking jobs with many other families at well under a fair wage. The farm owners, after luring in the families with a set ...

Monday, November 4, 2019

Role of Television in everyday lives, particularly in Childrens lives Essay

Role of Television in everyday lives, particularly in Childrens lives - Essay Example Despite the fact that there are differences with regard to the contribution of the media to aggressive behaviors, research has shown that there exists tangible evidence to conclude that the behavior of some people may be affected through exposure to certain types of violent media particularly television. Violent media have been found to contribute to very many forms of violent acts in the society. The recent technological advancements, the reluctance by the policy makers to regulate the televised programs and the commitment by the society to exercise their freedom of speech has only escalated the exposure of violent images to young children and this is happening at a very alarming rate. Normally, violent TV programs could impact people in all age groups including adolescents and push them to indulge in violence; however the age factor and the resultant mental immaturity make the children a more gullible target group.

Saturday, November 2, 2019

Lum v rice Essay Example | Topics and Well Written Essays - 500 words

Lum v rice - Essay Example There was therefore need to correct the wrongs that the ruling had advanced. The solutions were thus to be advanced and the courts to change their position on the equal but separate policy. To solve the racial segregation menace the Waring dissenting in the case of Briggs vs Elliot (1955) seems to be proposing a number of solutions to be resorted to. This was inspired by the reversion of the earlier decisions in the case of Brown vs Board of Education of Topeka (1951) that stated that the courts there was need for quick action I seeing that there is admission of students to schools on a non-discriminatory basis (Briggs v Elliot). The deal with the racial segregation in schools the school authorities had to elucidate, assess and solve the racial issue by proving that their actions had to be guided by good faith. The courts were to be further guided by equitable principles which would call for elimination of obstacles in joining the schools what has been termed as affirmative action against segregation. Further the discriminatory laws were to be revised so as to reflect the non racial admission base to schools. (Briggs v Elliot) Affirmative action in the U.S against racial segregation was aimed at seeing that individuals of all races had equal opportunity to education and other services and to abolish the equal but separated policy that had been seen in the Lum vs Rice Case. As a policy, affirmative action sets up steps that will see the discriminated race is protected by the executive, the judiciary, the legislature and its agents by providing avenues and eliminating any obstacles that would have facilitated the discrimination. This has been seen by the increased lobby by the Civil Rights groups like the Leadership Conference on Civil Rights (LCCR) whose research shows the great success that affirmative action has brought to the discriminated races.(Robyn Kurland) Affirmative action will necessitate the change in law example