My Life Experience Essay

I stand before you today to share with you all my experiences so far here at UWA, and the beautiful city of Perth. To begin with, the 1st and foremost reason that I chose UWA is that it not only is the oldest university in the state of Western Australia but also the only university in the state to be a member of the Group of Eight. It’s also has an international reputation for excellence in teaching, learning and research and stands 96th all over the world according to the Shanghai-Jiao Tong University’s Academic Ranking of World Universities, considered to be the most influential international ranking. Moving on, to share with you all my academic experience in the university so far, The last two months, have been very beneficial, I have had the privilege of being taught by highly learned and experienced professors in a very flexible classroom environment. The lectures are interactive and use of technology makes it all the more interesting. Regular tests and assignments keep us engaged in our studies and group work help us in bonding with our fellow students, thus motivating us to do better. Now, coming to a point that captures every international students mind before they take up a course abroad-Part time jobs to meet regular expenses and Jobs post completion of course. Well, in this regard I can confidently say that while in Perth no student can complain of unavailability of part time jobs. There are a lot of casual jobs available here in Perth like Wait staff at restaurants, which can be a start-up job and easily accessible even without prior experience. One can also go in for a security licence or can get into store management of departmental stores like Coles or Woolworths and a variety of other options. Post Completion of course one can expect an average salary of about $50,000- $90,000 and a wide area of jobs opportunities in different streams. The job market on the whole is in a big boom, with WA being the fastest growing state in Australia. Studying in UWA also brings about a lot of integrity among students from different nationalities. Personally, I have come across students from all over the world like Bangladesh, China, N. Korea, Japan, USA, France, Germany, U.K., etc. We learn a lot about their culture, their county, so it truly is an international experience. Finally, Living in Perth: I love living in Perth it’s great, you have beautiful beaches, great restaurants, and good nightlife and can make great friends, just like anywhere else. Subiaco, Fremantle, Claremont are some of the suburbs that have great coffee culture. So what if there is no Starbucks, we are blessed with Dome, Another chain of coffee shops. And one cannot afford to miss the excellent raspberry and white chocolate muffins that they serve. As a kid I always heard † ALL WORK AND NO PLAY MAKES JACK A DULL BOY† , holds true, but Perth definitely makes up for all the hard work we put to complete assignments and late hours of studying for tests. From beaches to shopping to warm evenings and sailing. Perth has it all. Thank You.

The Phenomenon of Human Trafficking

Table of contents 1. Introduction2 2. Definition of Key terms;2 2. 1. Human trafficking2 2. 2. Victim2 3. Victims of human trafficking3 4. Trends in human trafficking3 5. Causes of human trafficking4 5. 1. Poverty and desire for better life of exploited victims4 5. 2. Corruption and the abuse of influence4 5. 3. High profits and Low risk. 5 6. Recruitment strategies for human trafficking victims6 6. 1. Being born in to slavery6 6. 2. Use of force6 6. 3. Fraud6 6. 4. Coercion7 7. SEVERE FORMS OF TRAFFICKING IN PERSONS8 7. 1. Sex Trafficking8 8. Prevention of trafficking in humans8 . 1. Economic alternatives to prevent and deter trafficking8 8. 2. Public awareness and information9 8. 3. Protection and assistance for victims of trafficking9 9. Case study10 9 held for human trafficking – News 2410 10. Conclusion11 11. References12 Introduction The phenomenon of human trafficking or modern-day slavery has received increased media coverage globally; this is because millions of peopl e around the world suffer in silence under slave-like conditions of forced labour and commercial sexual exploitation from which they cannot free themselves. Human trafficking not only continues but appears to be on the rise worldwide primarily because most countries are involved in human trafficking to some extent, either as a place of recruitment, transit or the destination for trafficked individuals. This essay addresses the phenomenon of human trafficking as a form of victimisation and will define key concepts, identify and discuss victims of human trafficking and its trends. The discussion will further look in to the causes of vulnerability to trafficking, reasons for trafficking, strategies for recruiting trafficked people and the responses or courses of action to reduce human trafficking. A case study of recent trafficking issue will also be provided to show the reality of the problem and lastly the conclusion will sum up the discussion in a nutshell. Definition of Key terms; 1 Human trafficking Hodge and Lietz (2007; 163) explain that human trafficking involves the recruitment, transportation, transfer, harbouring or receipt of people, by the use of force, threat or other forms of coercion, abduction, fraud, and deception. It also includes the abuse of power and position by giving or receiving payments to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation as explained by Hodge and Lietz (2007; 163) include forced prostitution and other forms of sexual exploitation, forced labour and services, servitude and the involuntary removal of organs. The United Nations Office on Drugs and Crime explain human trafficking as an act of recruiting, transporting, transferring, harbouring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them (UNODC, 2010). 2 Victim According to Howley and Dorris (2007; 229) victims are persons who have suffered harm, including physical or mental injury, emotional suffering including grief, economic loss and/or substantial impairment of rights accorded them by the state law through acts or omissions that are in violation of the criminal law operating in the territory. Victims of human trafficking Winterdyk and Reichel (2010; 5) states that human traffickers tend to victimize the most vulnerable of the global community consisting mostly young women and children and to a certain extent men. According to Winterdyk and Reichel (2010; 5) victims live in desperate, brutal circumstances behind a wall of secrecy and deception and the victims are often sick due to physical and psychological trauma they experience especially when they try to escape. Bales (2004; 56) further elaborates that traffickers instil trauma through a sense of terror and helplessness and by destroying the victims sense of self. Perpetrators also threaten death and serious harm against victims and their families, they also isolate their victims from sources of information and emotional support where they can get help (Bales, 2004; 56). An explanation by Fichtelberg (2008; 151) clearly states that victims of human trafficking are forced into sex trade industry which includes prostitution, pornography, sex tourism, strip dancing, live-sex shows, servile marriages or illegal labour markets such as sweatshops, farm work, domestic work , industrial work, begging, child soldiers, participating in crime or other activities they did not agree to engage in. Fichtelberg (2008; 152) further elaborates that victims are often â€Å"invisible† as they are often isolated from their family members and other members of their ethnic and religious community and therefore unable to speak the local language and unfamiliar with the culture. Victims may not self-identify themselves as victims of human trafficking due to lack of knowledge about the criminal justice system of the host country, fear of retribution against themselves and their families by traffickers, fear of accusation within their families, post traumatic stress disorder and stigma (Fichtelberg, 2008; 152). Trends in human trafficking According to Hodge & Lietz (2007; 163) determining the number of individuals who are trafficked is difficult due to high levels of secrecy and corruption within the human trafficking industry. Furthermore, victims are often hesitant to share their experiences due to fear of reprisals and as a result estimates of the prevalence of trafficking have varied considerably. Hodge & Lietz (2007;163) further states that approximately 600,000 to 800,000 people are trafficked across international borders annually, of which 70- 80% are female and approximately 50% are children. Among all females, approximately 70% are trafficked for prostitution and other forms of sexual exploitation, while the remaining are males trafficked for forced labour and performing criminal activities for their traffickers (Hodge & Lietz, 2007;163). Causes of human trafficking 1 Poverty and desire for better life of exploited victims According to Logan, Walker and Hunt (2009; 10) poverty is one most important factor in becoming a target of human trafficking because the poverty that the trafficked immigrants experience in their countries of origin is too extreme that it threatens even basic survival, thus making them vulnerable to any promises of better livelihood. Logan, Walker and Hunt (2009; 10) further elaborates that vulnerability to trafficking is on the rise due to a mix of poverty and high levels of population density, infant mortality rate, children younger than 14, civil unrest and violence, cultural acceptance of trafficking and lower levels of food security in those poverty stricken nations. In addition, Logan, Walker and Hunt (2009; 10) explain that impoverished people often want to go to stable and wealthy countries like America for a better life then criminals use their dreams against them and put them into trafficking as they are desperate and willing to accept any opportunity to better their livelihood and help their family members who are also struggling. Corruption and the abuse of influence Surtees (2008;49) explains that corruption of government authorities including politicians, state functionaries, law enforcement officers and immigration officials play a critical role in the operation of human trafficking networks and allows trafficking to continue from, through, and within their countries. Surtees (2008;49) further elaborates that these corrupt officials supports trafficking in many ways; through document falsification, illegal border crossings, overlooking prostitution venues in identifying victims, compromising criminal investigations, lack of investigation and judges dismissing cases or imposing minimal sanctions against international human trafficking networks. Lehti and Aromaa (2007; 125) also states that some individuals within international organized crime syndicates are current or former officials and use their position and/or experience to support criminal ventures. Former members of security agencies, for example, are able to combine their security experience (which includes intimidation and torture) with high-level connections to political, professional and law enforcement agencies, allowing them to function with impunity by hiring legal and business experts as intermediaries or brokers through which they recruit people for trafficking (Lehti and Aromaa, 2007; 125). 3 High profits and Low risk. According to the U. S Department of State (2004) human trafficking is the third most profitable form of international organised crime after narcotics and arms sales. According to this report the sale of trafficked people is generating massive profits for traffickers because unlike narcotics and arms, which are sold once, people who are sold into prostitution and involuntary servitude earn profits continually, year after year, for their exploiters while victims get minimal wages or basically nothing due to debt bondage imposed to them by traffickers (U. S Department of State, 2004). In addition to high profits, Hodge & Lietz (2007; 166) explains that the risks associated with trafficking are quite minimal because prostitution is legal in many places like Germany and Netherlands therefore complicating efforts to incarcerate traffickers. Hodge & Lietz (2007; 166) further elaborates that even in countries where prostitution is clearly illegal, traffickers often go unpunished for their crimes because cases regularly fall apart due to lack of protection for witnesses, family involvement in the trafficking activity and fear of deportation. Furthermore, enforcement efforts usually focus on the women instead of the exploiters, consequently people often attempt to remain unnoticed for fear of being charged, particularly if they are trafficked internationally (Hodge & Lietz, 2007; 166). Recruitment strategies for human trafficking victims A study by Skinner (2008; 131) states that people are trafficked in three main ways which include being born into slavery, use of force i. e. eing kidnapped, sold, or physically forced and by fraud or being tricked. 1 Being born in to slavery According to Skinner (2008; 131) in some countries families may be permanent servants because they were born into it. This is mainly because their families may have been slaves or in debt bondage literally for generations and when they bear children they are automatically under the same circumstances and may be sold to whoever is involved in the human trafficking business. 2 Use of force Skinner (2008; 131) contends that in some countries children are literally sold into slavery out of their will by parents or other caregivers mainly because of the economic situations of the families. Skinner (2008; 131) further states that victims are then raped, beaten, intimidated, tortured and confined so as to control them after they have being sold. Forceful violence as explained by Skinner (2008; 131) is used especially during the early stages of victimisation, known as the ‘seasoning process’, which is used to break the victim’s resistance so as to make them easier to control. In some cases, Skinner (2008; 131) states that people who are often approached to work in the sex industry often refuse and traffickers may kidnap or abduct such individuals and smuggle them to the country of destination to work as slaves or sold to other traffickers. 3 Fraud Hyland (2001; 31) states that traffickers use seemingly legitimate organizations to recruit young women and children in to trafficking situations. This often involves the use of false advertisements promising desperate people a better life in another, usually richer, nation that offers jobs to work as waitresses, maids, landscapers and dancers. In other cases, Hyland (2001; 31) explain that women who work in nightclubs may be approached and promised much higher earnings for doing similar work in wealthier nations only to find that they will be forced in to prostitution and sex related exploitations. According to Hyland (2001; 31) some victims may be made to sign false contracts to make the whole experience seem even more legitimate, and sometimes psychologically binding them even more to the trafficker to erase any suspicions from the victim. Hyland (2001; 32) further states that in some instances, victims are approached by individuals known to their families in their home countries who invite them to come along with them for a job offer but only misleading them into trafficking situations where are often subjected to debt-bondage, usually in the context of paying off transportation fees into the destination countries. 4 Coercion According to the Trafficking Victims Protection Act (2000), traffickers often make representations to their victims that physical harm may occur to them or others should the victim escape or attempt to escape. Such representations can have coercive effects on victims as direct threats to inflict such harm may cause victims to live in fear and become hopeless and hence easy to control. Coercion as explained by the Trafficking Victims Protection Act (2000) means threats of serious harm to or physical restraint of any person, it also includes any scheme, plan, or pattern intended to make a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process SEVERE FORMS OF TRAFFICKING IN PERSONS According to the Trafficking Victims Protection Act (2000), severe forms of trafficking in persons’’ involves sex trafficking in which a commercial sex work is imposed on someone by the use of force, fraud, or coercion. It also includes recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex Trafficking According to Hodge & Lietz (2007; 165) sex trafficking means the recruitment, harbouring, transportation, provision, or obtaining of a person for the purpose of a commercial sex. Hodge & Lietz (2007; 165) further states that sex trafficking is no longer primarily localized in one geographic region but has increasingly become a transnational and a global problem. For example, a young girl may be recruited in Botswana, sold and â€Å"trained† in Italy, with the United States being the ultimate destination. Moreover, Hodge & Lietz (2007; 165) states that traffickers primarily target young women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. According to Hodge & Lietz (2007; 165) most trafficking victims originate in Asia, Africa, Eastern Europe and to a lesser extent, Latin America while destination countries tend to be wealthy nations like America in which large sex industries like pornography exist or where prostitution is legalized or broadly tolerated as in the case of Germany and Netherlands. Prevention of trafficking in humans 1 Economic alternatives to prevent and deter trafficking According to Beyrer (2001; 547) states that initiatives to enhance economic opportunities for potential victims of trafficking can be used as a method to deter trafficking since the traffickers often target people who live in poverty in the promise for better livelihood. Such initiatives may include microcredit lending programs, training in business development, skills training, and job counselling. Other alternatives as stated by Beyrer (2001; 547) are the provision of grants to nongovernmental organizations that can help to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries. Furthermore, countries should initiate programs that promote women’s participation in economic decision which can help to empower women economically as they appear to be the primary target and most vulnerable to human trafficking (Beyrer, 2001; 547). 2 Public awareness and information Beyrer (2001; 548) states that countries should establish and carry out programs to increase public awareness on human trafficking particularly among potential victims about the dangers of trafficking and the protections that are available for them. Beyrer (2001; 548) further elaborates that governments should initiate programs to keep children, especially girls, in schools to reduce vulnerability at an early age and to educate persons who have been victims of trafficking. Moreover the development of educational curricula covering issues of human trafficking can also help to create awareness at an early stage Beyrer (2001; 548). Protection and assistance for victims of trafficking According to Beyrer (2001; 549) victim protection begins when a victim is rescued and reunited with their family and continues when they are assisted to rebuild their lives. It may include keeping victims safe from threat, violence and abuse, counselling, help with income generation, education and vocationa l training. Beyrer (2001; 549) further states that prosecution of traffickers ensures the victim receives full justice, including meaningful prosecution of the perpetrator. It requires vigorous law enforcement, fighting corruption, identifying and monitoring trafficking routes, and cross-border coordination. Moreover, Beyrer (2001; 549) further states that protection and assistance of victims can be achieved through policies or framework including government and NGO guiding principles, plans and strategies, which support all of the anti-trafficking initiatives that assist victims. Case study 9 held for human trafficking – News 24 Ermelo – Nine Nigerian men arrested for alleged human trafficking have appeared in the Ermelo Magistrate's Court, Mpumalanga police said on Tuesday. Captain Leonard Hlathi said the men appeared in court on Friday, and their case was postponed to April 16 for a bail application. He said it was alleged that the men forcefully took a number of women from around the country to Ermelo, where they were forced into prostitution. They were given R30 a day for food, and from time to time they were forced to take drugs to ensure they remained addicts. The 12 women, between the ages of 18 and 30, told the police the men took all their earnings and they were not paid for the jobs that they were doing. Home affairs officials confirmed that the suspects applied for asylum in South Africa, and according to the information in their application forms, they do not qualify for asylum. † He said they were being charged under the Sexual Offences Act and for kidnapping. â€Å"These men can consider themselves a bit lucky as human trafficking laws are in the process of being legislated. These acts of the suspects were exactly equivalent to human trafficking. † Source; news24. com The above case study reflects on the reality of the problem of human trafficking in South Africa as it the case in all countries around the world. According to the case study it is evident that traffickers target mostly young women who are more vulnerable and defenceless. As already discussed trafficking is a sustained by huge profits due to exploitation of the victims, the case study further support that statement as it states that the victims were given only a little amount enough to buy food and the profit they make from forced prostitution goes to the perpetrators. Conclusion In conclusion, women, children and people in general are not property to be bought and sold, used and discarded. Rather, they are human beings with certain fundamental human rights that prevent them from being sold into slavery. People should therefore know their rights and exercise them and countries should unite and cooperate in the war against human trafficking because it is a very complicated problem that cannot be solved by one country as it is a multinational crime involving highly organised crime syndicates. Citizens should also assist in the war against human trafficking by avoiding flashy job opportunities which often offer unrealistic rewards. At last people should also report suspicious cases of trafficking as this victims often work in public places including restaurants, hotels and massage parlours. References Bales, K. , (2004). Disposable people: New slavery in the global economy. Berkeley, CA: University of California Press Beyrer, C. (2001). Shan women and girls and the sex industry in Southeast Asia: Political causes and human rights implications. Journal of Social Science and Medicine. Vol. 53. (6). Pp. 543–550. Fichtelberg, A. (2008). Crime without borders: An introduction to international criminal justice. Upper Saddle River, NJ: Pearson Hodge . R. & Lietz . C. A (2007). The International Sexual Trafficking of Women and Children . Journal of Women and Social Work. Vol. 22 (2). Pp. 163-174. Howley, S. , & Dorris, C. (2007). Legal rights for crime victims in the criminal justice system. (3rd ed. , Thousand Oaks, CA: Sage. Hyland, K. (2001). Protecting human victims of trafficking: An American framework. Berkeley Women’s Law Journal. Vol. 16 (3). Pp. 29-71. Lehti, M. , & Aromaa, K. (2007). Trafficking in humans for sexual exploitation in Europe. International Journal of Comparative and Applied Criminal Justice. vol. 31 (7). Pp. 123–45. Logan. T. K. , Walker . R. & Hunt . G. (2009). Understanding Human Trafficking in the United States. Trauma Violence Abuse. vol. 10. (1). Pp. 3-30 Skinner, E. B. (2008). A crime so monstrous: Face-to-face with modern-day slavery. New York: Free Press Trafficking Victims Protection Act (2000), Human trafficking. (URL accessed 21 march 2010); http://www. state. gov/g/tip/rls/tiprpt/2007/86205. html United Nations Office on Drugs and Crime (2010). Human trafficking. URL (accessed 20 March 2010): http://www. unodc. org/unodc/en/human-trafficking/what-is-human-trafficking. html

African Traditional Literature Essay

Indigenous literature whether oral or written is the cultural heritage of most societies. Unfortunately, African traditional literature overtime has been treated as something inferior to their Western counterparts. But to a large extent, both traditional African literature and their European counterparts have similar socio-artistic values. Both express interest in the events happening in their society because they recognize their role as social barometer, hence, they need to express themselves properly to their audience no matter the language they use. African traditional literature shares a lot with similar literature from other parts of the world. More recent studies have indeed revealed that the old view that rural societies are not capable of producing elegant literature expressing the responses of men in an advanced culture to events around them is no longer tenable. This view was upheld by Westerners who studied traditional African literature with racial prejudice. They believed that African culture was still struggling for elementary problem of existence and was yet to attain the level of civilization that will facilitate the pursuit of literary achievement. But this view was met with a lot of controversial criticisms, as African Scholars began to argue the importance of African traditional literature in the literary world, stressing the fact that traditional literature is not only relevant, but should also be accorded a literary status in the literary world. Their reasons being that African literature perform certain functions in the society; the noticeable variety in the existing genre and; the competent evidence in the elegant use of language exhibited in the cause of performance with the resultant aesthetic effect, and with time, African traditional literature began to be accepted. But it was not wholly accepted by these Europeans. They began to employ their foreign concepts in the critical evaluation of African traditional literature. They believed that Africans do not possess adequate tools for the appraisal and evaluation of their literature. Hence, they began to employ these foreign approaches in the study of African traditional literature.

Gulf War History Research Paper Example | Topics and Well Written Essays - 2000 words

Gulf War History - Research Paper Example The main cause of the schism between several countries was the Shiite Sunni split which often led to conflicts and warfare in some cases. Since coming to power, Saddam Hussein, the then president of Iraq, represented the rejectionist Arab states and was considered as one of the most quarrelsome leaders of the gulf countries. He was also considered an arch enemy of Israel. Its hatred against Israel can be summarized by the rhetoric he used very often against the nation, one time saying that he will let fire eat half of Israel if it did anything against Iraq (Bard, 2011). For years, Iraq had considered Kuwait to be a part of its territory and continued to influence the internal politics and working of the state through several means. Furthermore, Iraq was becoming economically weak so it sought to identify alternatives to help strengthen its economic situation. This paper shall analyze how Kuwait was an option in allowing Iraq to recover from its situation. Iraq was considered to be th e belligerent state in this dispute and UN authorized a full fledged coalition attack that aimed to topple Iraq’s incursion into Kuwait and restore the situation as it was before the conflict. Reasons for conflict:- The quarrelsome nature of the Iraqi president, Saddam Hussein made the state prone to violence and unneeded interventions to further individual causes. Furthermore, the war with Iran that ended in 1988 had an enormous economic impact on Iraq and left it on the verge of bankruptcy (HistoryGuy, 2011). Kuwait as natural part of Iraq:- Iraq considered Kuwait its de-facto part for a long period of time despite the latter’s independence on the country. This claim led to numerous confrontations throughout several years and hampered any diplomatic ties between the two countries for years to come. In 1961, Iraq’s president Qasim threatened Kuwait of invoking old ottman claims that were a part of the system during British imperialism. The Iraqri government als o sought to play the role of savior by saying that the Kuwaiti Emir was a highly hated figure within the Kuwait population and that people sought his ouster. Iraq claimed that it would liberate the Kuwaiti country off his tyranny with its intervention (Lowry, 2008). In 1973, Iraq continued to persist with its stance and occupied as-Samitah, a border post on Kuwait-Iraq border. The real dispute, however, began when Iraq demanded to occupy Bubiyan and Warbah (Kuwaiti Islands). This claim got the Arab nations into action and the Arab league called its summit to discuss this quickly boiling situation. A consensus was reached on the point that Iraq will be demanded to withdraw its claims on the said regions (HistoryGuy, 2011). Situation between the two countries was relatively calm during the Iraq-Iran war and Kuwait supported Iraq during this battle. Dispute over Oil:- There was a constant lack of consensus over borders between the two oil rich states and conflicts over ownership of oil reserves was inevitable. The situation started to deteriorate when rich deposits of oil were found at the undefined border between the two states and when Iraq constantly claimed that the Kuwaiti drills were violating Iraq’s territorial integrity by moving across borders to excavate oil. This conflict was triggered by the nature of middle eastern borders, which are not very clearly distinguishable due to desserts and sand (HistoryGuy,

Reasoning and Problem Solving Essay on Obesity Problem

Reasoning and Problem Solving on Obesity Problem - Essay Example Preventive / therapeutic interventions and systematic application of knowledge has succeeded in curing most diseases afflicting humanity, unless they are of incurable nature, such as AIDS or malignancy. Economic prosperity in the last few decades of the twentieth century, the resultant sedentary lifestyle which is not in accordance with how nature intended man to lead his life, has given rise to utterly novel diseases which were unheard of in the primitive world. Obesity is one such disease, which has reached serious proportions in recent times in the American society as well as other affluent nations of the world. Obesity cannot be classified in the traditional framework of diseases, as it does not have any infectious or pathological cause, except a few exceptional genetic factors which make certain people more prone to this malady. Generally obesity has been observed in affluent nations, in people irrespective of race or ethnic background. It is more of a lifestyle disease which can be prevented by going back to nature. Obesity is a scourge affecting majority of the people in the US and in other parts of the world where affluence and dietary patterns are congenial for its incidence. United States of America is a nation which has led the world in terms of economic growth, industrialization and application of technology for a better life for its citizens during the major part of the twentieth century. Tremendous growth in the various states and cities of America, improvements in terms of civic amenities and healthcare has resulted in a lifestyle in the majority of the population which is unfortunately, not in tune with nature. In the United States, the last thirty years have churned up increasing number of obese people with 65% of today’s adult population suffering from one or the other obesity related problems (www.cdc.gov). The number of obese children living in the United States has quadrupled over the last fifty years. The latest figures suggest

Current Problems with the US Public Education Essay - 103

Current Problems with the US Public Education - Essay Example Low-income is the source of poverty for a number of Americans today. According to (Strauss 1), the numbers of students of children, from preschool to 12th grade, that benefit from the federal free and subsided feeding have increased exponentially over the years.   Children from low-income backgrounds now dominate most of the public schools. Despite the magnitude of the problem, the federal education policy has not considered poverty to be a major challenge to the education system in the United States. It is obvious that students find it difficult to cope with school hence ends up missing classes or are psychologically affected by the poverty levels in their homes. To emphasize the magnitude of the problem of poverty, a study by National Student Clearinghouse Research Center showed that schools with high-income students sent more students to college as opposed to those that have been sent by schools dominated by low-income students (Strauss 1).The No Child Left Behind Act is one of the major policies that give the parents a leeway to choose schools for their children. The law allows parents to consider taking their children to schools of their choice while at the same time providing a free tutoring platform for schools that do not perform well. Safety is also captured as a major consideration in the choice of the school that the parent prefers. The law provides that both local and state school districts should provide information to the parent in order to make an informed choice of the school to take their child.

Economics of the Forex Essay Example | Topics and Well Written Essays - 1500 words

Economics of the Forex - Essay Example Starting from the year 1979, the Exchange Rate Mechanism -- ERM of the European Monetary System -- EMS has played a vital role in developing the foundation of the Monetary policy strategies in Europe and it has been a very striving research in the international monetary and exchange rate cooperation of the post-Breton Woods times. There has been a radical change in the nature of ERM, which is from a very fixed exchange rate with a limited mobility of the international capital to the 'hard' exchange rate mechanism which was approved by the Basle-Nyborg agreement in 1987 (Financial Markets and European Monetary Cooperation: The Lessons of the 1992-1993 ERM Crisis)During the end of the 1980's the gratified performance of this 'hard' exchange rate mechanism earned the confidence and increased the general appeal of a more total transformation of the system which was expected to result in agreement and a happening of unification. However, during 1992 a downfall on the past achievements occ urred and also undermined the process towards European Monetary Union. Thus an ERM crisis occurred between 1992 and 1993 are said to be the most historical events in the then monetary history of Europe. Thus their source, effects and inferences are one of the most important events in the current academic and political debates through out the world.The European monetary system was formulated with two major components: namely the European Currency Unit and a fixed exchange rate system known as the Exchange Rate Mechanism. ... as to whether the 1992 Exchange Rate Mechanism crisis in UK occurred due to the European monetary system being predictable, or whether it was caused due to the rising of the international financial markets May be the answers for these questions are in relevance to debates about the international financial and economic policies through out the world. These answers could also reveal the overall economic policy and the exchange rate regimes and there role on the 1992 ERM crisis. Considering a bipolar array where the hard exchange regimes on one side which involved pegged exchange rates, currency boards, taking in of another country's currency are more demanding than the flexible rate regimes. Another major point is that there cannot be any regime that can predict and offer a complete solution to the financial and economic changes that the country will undergo. (Truman, 2002) The ERM crisis was the first of its kind in the current century in terms of both private and official monetary circulation both during the crisis and also before the crisis. It could also be said as the first kind of crisis that occurred in terms of market and financial securities, derivative instruments and the financial market dynamics in the wake of building up the crisis. In view of the ERM crisis the European exchange rate regimes continued strongly support the view of pegged exchange rate mechanism. During the crisis countries and its investors were bailed out with exceptional amounts of official financing. But after the crisis the European government followed a very stringer way of its official financial management in the years that followed. (Truman, 2002) There is always a tension that reflects in every ongoing debate on the relative roles of economic fundamentals and the behaviour of

Punk rock or how an an ancient structure was built Essay

Punk rock or how an an ancient structure was built - Essay Example Maneuvering protuberances were put in to function as hitching points. (Holmquist & Philips) The beginning of housing started with the Neolithic people 10000 years ago. Their houses were mainly of mud, stone and wood, but the structure differed for every house. Since then the types of houses being built have evolved and upgraded. The Greeks and the Romans are famous for their structures and architectural techniques. Most of Roman architecture has been inspired by the Greeks and Greece is known as the 'Mother of Rome.' The Greeks used three types of architectural systems: Doric, Ionic and Corinthian. The roofs that they built were of low pitch. Windows and doors would be enormous; this would help in wind circulation and keeping the heat out. Greek structures were painted white because it was not known then that the white marble of ancient Greece had been polychrome. These structures were mainly built of local marble or limestone and had stone frames. One trend that was very common among the Roman architecture and structures is that of bases which provided support to the colu mn. (Holmquist & Philips) There have been many trends in the Greek architecture. The first of them was the archaic period, in which the structure was mainly rectangular, consisting of steps, a platform, an anta and a porch.

Definition of Human Resource Planning Literature review

Definition of Human Resource Planning - Literature review Example Few organizations implement this important process due to its time and cost implications, complexity, and inadequate support. More so, organizations often fall back on the notion that H.R.P. is an isolated process but instead it requires integrated support with its strategic business plan along with its HR activities. Therefore HR personnel does not understand the H.R.P. process. Smith et al., (2004) alludes to the notion that there are inconsistencies with support between management along with hurdles resulting in strategies to be last priority and instead focus on short term goals. Instead, the adopted short term focus f daily resource tracking is more cost-effective and simple requiring less management support as opposed to H.R.P. H.R.P. is not a process in itself alone. Succession planning is one key planning area that is taken into account to identify and track high potential employees which are suitably qualified within the organization to compete for key managerial positions in the future (De Cieri et al., 2003). Succession planning is, therefore, a subset procedure f H.R.P. ...Since succession planning involves subjecting a pool f candidates to fast track development programs, the main H.R.P. objective here is to maintain this skills pool particularly in times labor shortages in order to give the company a competitive edge. There is hence a direct relationship between H.R.P., development and succession planning, in which all f these are proactive in nature, focusing on contributing to organizational performance and productivity by minimizing disruption in filling positions which are critical during times f labor shortages (Walker, 1998). Development is, therefore,     essence in succession and H.R.P. When considering succession planning, employee development is an integral strategic process which enables knowledge, skills, and behavior to be acquired to meet job changes and client requirements in the future as opposed to training which is immediate current job improvements (De Cieri et al., 2003). Development is, therefore,     relevance since succession planning involves future orientated fast track development programs. Development programs are aimed at offsetting potential future shortages labors and hence the low skills base. Without this skills base, organizations lose their competitive advantage if development programs are not employed.

Polysystem Theory and the 'Cultural Turn' Essay

Polysystem Theory and the 'Cultural Turn' - Essay Example Polysystem Theory means a "refocus on alternative experiences which are socially defined and can be classified as peripheral or marginal states of affair challenging some center of authority within a variety of cultural and social systems (literature, religion, politics, economy, historiography, etc)" (Munday 43). The value of polysystem theory is that it allows translators and researchers to analyze a literary text from multiple perspectives: different social discourses and voices. This theory demonstrates social order and highlights agonistic tension between different social and cultural agents. Polysystem Theory uses social-cultural instructions for explanation of phenomena and complexity of culture within one community. Polysystem Theory sees translation in terms of "saying," restating in the target language more or less precisely what the source author said in the source language, and performative linguists of translation as those who see translating as "doing," doing something to the target reader, then the contemporary scene comes to look rather different. Then, obviously, the politically engaged cultural theorists of translation-the postcolonialists and the feminists-become performative linguists: translating as colonizing, or as fighting the lingering effects of colonialism; translating as resisting global capitalism (Venuti); translating as fighting patriarchy, as liberating women (and men) from patriarchal gender roles (Munday 110). 'Cultural Turn' means developments in the philosophy of the human sciences around the beginning of the twentieth century. 'Cultural Turn' describes extra-ordinary growth in the significance of work concerned with the nature and forms of language. The readers use cultural texts in ways that cannot be predicted from analysis of the text alone. In this case, "cultural turn" helps to describe and analyses a text in terms of cultural am social influence. Discourse analysis, is the one branch of linguistics that supposedly addresses itself to issues of production and reception that might be useful in a translation-studies purview; but unfortunately the few linguists who have attempted to apply discourse analysis to the study of translation have hobbled themselves methodologically by tying all discursive studies of translation to equivalence (Munday 108). For theorists in these schools it doesn't matter what the translated text looks like; or, well, it does, but not to the theorist, only to the receiving culture (DTS), the client (skopos), or the translator himself or herself (TAP). What matters theoretically is what the translator does, and what complex forces influence that doing (Munday 111). Now perhaps this seems like no great gain: taking all the approaches of the so-called "cultural turn," all the action-oriented theories that have overwhelmed and overthrown the hegemony of linguistics, and lumping them together under a new name-even if that name is rather tendentiously "linguistics." "This is the term used in translation studies for the move towards the analysis of translation from a cultural studies" (Munday 125). Translation is a sensitive pointer of cultural tensions. Translation practice is always grounded in a set of issues in which linguistic forms carry cultural meanings in an implicit form. Understanding the

5 Star Doctor Essay Example for Free

5 Star Doctor Essay First a good doctor should be knowledgeable and should always keep abreast of development in her field of expertise. She should be a skillful diagnostician. A good doctor should neither under prescribe or over prescribe medication to her patient as to make her own profit. Second, a good doctor should has high Emotional Quotient or EQ. Thats mean to be a doctor who had warmer personality, be a better listener and communicator beside emphathetic in communication patterns to restore a level of calm and confidence to the patient and make them feel that the doctor is for them. Third, a good doctor should also be a good philosopher. This means that, the doctor should treat the patients in a holistic way. The holistic way of treating patient is by treat the patient as a whole person instead just physical symptoms which is to counsel the patient on their diet, excersice and stress management instead of just give the patient their medicine. Fourth, a good doctor should able to be a person who is clear and logical in thinking, work with sincere heart, have skilled with hands for the surgery and easy to reach in case of emergency. The doctor would be humble and confident enough to collaborate with other doctors or senior doctors in medical community to tackle an illness which she is not uncertain about, in order to offer the best practices in management and treatment to the patients. Fifth, a good doctor should need the Five Star doctor qualities. Which are, improves the quality of care by responding to the patients total health needs with integrated preventive, curative and rehabilitatve services while considering the patients as an integral part of a family and community. Next is to make optimal use of new but cost- effective technologies, bearing in mind ethical and finacial consideratons and the ultimate benefits as well as costs to the patient and society. The doctor also promotes healthy life styles by effectively communicating with individuals and groups and empowering their own health protection and well- being. The Five-Star Doctor should reconciles individual and community health requirements, stiking a balance between patients expectations and those society at large. Beside that, the doctor is able to work and fuction efficiently and effectively in teams, both within and across the health sector and other socio- economic sectors influencing health. Another qualities a good doctor should has are sincere, dedicated, and courteous. He is able to complement his medical knowledge and clinical judgement with humanistic qualities of integrity, respect and compassion asn sees the patients as fellow human beings and not as a case with an illness. A Five- Star Doctor is one who not only demonstrate professional competence but also one who manifest personal qualities of patient, maturity and confident beside listen tentively to the patient to the patients complains and try to answer all their questions to the best of his knowledge. Sensitive to patient special needs, particularly their emotional needs and general well being. Avoids robotic prescription and drugs but rather, help the patients by identify the underlying couses of their promblems. Last but not least, a good doctor will treasure the relationship with the patients based upon mutual respect and open communication. The conclusions are as a medical doctor I need the learning skills and clinical skills to be a good and a Five Star doctor. Beside that, I also need to have high EQ or emotional qualities to gain the trust from my patients and colleagues. This is important because without them who am I? Thats all from me thank you.

Catcher In The Rye Essay Example for Free

Catcher In The Rye Essay A journey is more than a physical movement from one place to another. All journeys no matter how arduous entail setbacks and barriers that must be met. In doing so the traveller experiences a more significant inner journey of self growth. This is evident in the journey from adolescence to adulthood during which setbacks and barriers may entail a loss of innocence. J. D Salinger’s novel the Catcher in the rye explores this concept through various literary techniques. ( thesis) Loss of innocence as a major issue within the concept of a rites of passage is explored by J. D Salinger through the protagonist Holden Caulfield. His journey appears to be one self destructive act after another. This adult world into which Holden is forced into disturbs him profoundly. In his view, the adults who dwell this world, seem to be filled with phoniness, pretence and social compromise. He finds it almost intolerable to communicate with most adults and peers. This is prevalent throughout the book when he constantly brings up the question of what happens to the ducks in winter. The adults’ response to this recurring question is of contemn and expectation to know the answer, therefore never giving him an adequate explanation. This clearly demonstrates how his innocent mind conflicts with this phony adult world, and his response, is to rebel against this whole society. â€Å" quote† Holden expresses his rebellion through his inability to progress in life and his hatred of people. It is really only in children that he sees the true simplicity of honesty- and that is his escape from this adult phony world. Salinger portrays the transition from adolescence to adulthood as a quest for self identity and self discovery. For Holden however, his journey is a bombardment of obstacles in his search for connection with others, thus highlighting the angst of growing up. Holden finally breaks down with the constant disappointments and let downs he encounters. â€Å"quote ans technique† From his fight with Stradlater to Maurice’s exploitation of a prostitute, to Mr Antolini’s behaviour, Holden just cannot handle any more letdowns so his odyssey is one of loneliness and cynicism. An example of this is when Holden abruptly gives Sally an ultimatum to leave their current lives behind and build a future without the promise of stability. Sally’s refusal to this proposal results in Holden lashing out at her hence elucidating Holden’s naivety. And, just like a kid, he thinks that everyone is to blame except for him. The inability to meet setbacks and barriers and accept a loss of innocence within the jouney from adolescence to adulthood will inevitably lead to ones downfall. The deliberate irony is that Holden strives to act as a grown up but constantly acts like a child is seen in his provocation of his peers and his irrational thinking. â€Å"quote † The title of the book, â€Å"Catcher in the Rye,† is more than just a pretty ditty. It is Holden’s dream to be the catcher in the rye, thus save little children from falling off the cliff into adulthood. Anyway, I keep picturing all these little kids playing some game in this big field of rye and all. Thousands of little kids, and nobodys aroundnobody big, I meanexcept me. And Im standing on the edge of some crazy cliff. What I have to do, I have to catch everybody if they start to go over the cliffI mean if theyre running and they dont look where theyre going. I have to come out from somewhere and catch them. Thats all Id do all day. Id just be the catcher in the rye and all. I know its crazy, but thats the only thing Id really like to be. Holden is adamant on playing the adult role of protecting children and their innocence that gets lost in the adult phony world. He envisions protecting and shielding children from the evils of society, when he himself is one who is in a state of conflict between adolescence and adulthood. However, it is through the telling of his story that Holden eventually gains control of his disturbed past. His search for self identity and discovery can be seen as a search for tolerance, acceptance and understanding- something that he finally experiences in the final scene with Phoebe riding the carrousel. When he see’s Phoebe on the carrousel, he accepts that he is not a child anymore indicating that he is perhaps more accepting of change. Towards the end, Holden has found some wisdom when he claims to â€Å"sort of miss everyone. † There was some light for him at the end of the tunnel- and that light is hope and acceptance that he doesn’t live in such an evil world that he made out to be. Holden wants desperately to protect this idealistic life but perhaps he realises at the end that it is not possible and that maturity is a means of accepting what life throws at one. How he deals with obstacles along the way conveys Holden’s journey from adolescence into adulthood.

Relation between change management and emotional intelligence

Relation between change management and emotional intelligence Introduction Every business need to go through changes in the comparative business environment , this may happen different ways in different organisations, some of organisations may imposing the changes on workforces, such as redundant, salary review. Others may focus on re-engineer or re-structure business model. However, change management is the basic skills for managers and leader to adopt; it is essential approach to organisation to implement. ( ) define change management as The systematic approach and application of knowledge, tools and resources to deal with change. Change management means defining and adopting corporate strategies, structures, procedures and technologies to deal with changes in external conditions and the business environment. There are different change management models been published, such as Kanters 10 commandments, Pettigrew 5 factors, Kotters 8 failure and success factors . Similarly, at the beginning stage of change models, it is essential to create vision to change then motivate employees to accept, act and attain the change. It is not easy as says. People have good reason to resistant the changes, because the nature of change , include the risk and uncertainty, which most of people do not like that, also different people have the different preferences, some people like to stay where they are, these people can be named as stability oriented. Some people may resistance to change for emotional reasons, for instance, someone doesnt like to change job, because he/ she doesnt want someone else to tell them what to do. SARA Model Therefore, when the change is undergoing, people tend to go through a series of stages, people call it as SARA Model: S- hcok A- nger R- ejection A- cceptance Shock: It is nature for people to face the shock, when it comes across the changes, confusion or disorientation is symptom in this stage. Anger: it expresses in different ways, employee may anger with oneself or others, in particular, people close to them, they need to show the feeling when the change happen. Rejection: in some case, at first, people would like to reject the change rather to accept it instantly. In this stage, the rejection not only appear on the action, also include the denial of emotional impact. Acceptance: in the stage, people able to accept the change and adopt it. It also involved the negative acceptance, such as resign for work. The key principle advocated by the change management theory is communication; it is significant to keep employees informed completely before the change happens, the managers should prepare themselves to deal with employees reaction in the change process. It is not simply get people together and give orders, the manager need to monitor employees emotion in different stages of SARA model. Emotion and Emotional Intelligence Emotion is the power to drive the employees actions in the organisation; it is also the primary driving force behind motivation. Managers need to be aware of employees emotion movement, be able to understand it, then control the emotion in certain level to maintain the relationship, teamwork and work efficiency. The development of the reading and express emotions along with management skills will improve motivation for employee and increase the productivity for organisation. In 1980s psychologists, evolutionary biologists, psychiatrists, scientists had identified a series of human capacities related to emotions. By 1983, a psychologist, Howard Gardner from Harvard university, who identified the multiple intelligence, as ( ) claimed it has seven kind of intelligence, include two personal varieties: knowing ones inner world and social adeptness. The term emotional Intelligence was introduced by two psychologists, John D. Mayer and Peter Salovey in 1990, they define the Emotional Intelligence as the set of abilities that account for how peoples emotional perception and understanding vary in their accuracy. More formally, emotional intelligence as the ability to perceive and express emotion, assimilate emotion in thought, understand and reason with emotion, and regulate emotion in the self and others. ( ) In contrast, in 1995, Daniel Goleman published a book called emotional intelligence: why it can matter than IQ, which became the best-seller internationally, ( ) claimed the emotional intelligence as the abilities called here emotional intelligence, which include self control, zeal and persistence, and the ability to motivate oneself. Theories of Emotional Intelligence Mayer-Salovey ability model In 1997 , John D. Mayer and Peter Salovey proposed the Mayer-Salovey ability model, it include four level. Show as below: Perception and Expression of Emotion Assimilating Emotion in Thought Understanding and Analysing Emotion Reflective Regulation of Emotion Perception and Expression of Emotion: the most basic level of emotional intelligence, it involve the perception and appraisal of emotion. For example, in the organisation, managers should able to identifying oneself and employees emotion and interpret it, in order to maintain the synergy within the organisation. Assimilating Emotion in Thought: the second level of emotional intelligence, it is the capacity of emotions to enter into cognitive thinking, use the emotion to communicate feelings. According to ( ) said the emotions prioritize thinking, for example, sometimes, people tend to respond to things emotionally, not rationally. It is something manager should pay attention. Understanding and Anglicising emotion: the third level of emotional intelligence, understand and reasoning about the emotion, for instance, happy, anger, sad, fear. It is important for managers to recognise the emotions, aware how employee unfold them and reason about them. Reflective Regulation of Emotion: it is the highest level of emotional intelligence, it involve the management and regulation of emotion in oneself and others. Mangers should utilise these skills into workplace, manage the employees emotion and motivate them to work effectively. The Bar-On Theory Unlike Mayer-Salovey ability model seen the EQ as abilities in different level, the Psychologist Reuven Bar-On ( ) viewed the emotional intelligence as array of nonncognative capabilities, competencies, and skills that influence ones ability to succeed in coping with environment demands and pressures. Bar-On identified five functional areas which are essential to emotional intelligence, show as following: ( ) Intrapersonal Skills Interpersonal skills Adaptability Scales Stress- Management Scales General Mood Bar-On Emotional Intelligence Theory Intrapersonal skills include emotional self-awareness, assertiveness, self-regards, self-actualization and independence. Interpersonal skills, there are interpersonal relationships, social responsibility and empathy. Adaptability scales cover problem solving, reality testing and flexibility. Stress-management scales involve stress tolerance and impulse control. General mood, happiness and optimism are two keys. Bar-On ( ) believes that if people go through appropriate training, emotional intelligence ability can be improved, furthermore, he believes that EQ along with IQ, construct the general intelligence of human beings. Bar-On developed the first measure of emotional intelligence, called Emotional Quotient Inventory. Individual with high EQ are more likely to meet the environment demands, which Bar-On (1997) explains Emotional Quotient Inventory (EQi) related to the potential to succeed rather than success itself. Daniel Goleman emotional intelligence model Daniel Goleman is a psychologist and journalist, he had published a book called Working with Emotional Intelligence, and the book became the best seller on both Atlantic. In the book, he created popular emotional intelligence model as below: Knowing Ones Emotions Management Emotions Motivating Oneself Recognizing Emotions in Others Handling Relationship Knowing Ones Emotions: it involving self- awareness, which means recognising emotion. It is the key for managers to aware employees emotions; it is also cover the ability to monitor the movement of emotion. Managing Emotions: It is the ability to handling emotions in appropriate way as process of self awareness building. It also means to give sympathy to someone or oneself when some one in difficulties, and mange to get rid of anxiety, gloom and irritability. Motivating Oneself: Organising emotions in the service of goal is important for self-motivation and creativity. According to ( ) it help to delaying gratification and stifling impulsiveness, and being able to perform well in different works and get into the flow state. Recognising emotions in others: it is the basic interpersonal skills, such as empathy. People who have empathic awareness are accustomed to spot others needs and wants. Handling Relationships: it require the skills in managing relationship and emotions, it is also the ability to interact with others effectively and smoothly. Emotional Intelligence personal relationship EQ is involved how to deal, perceive, understand and manage the emotions, it is helping individual in their relationship. In particular, for the manager to have emotional intelligence competencies, because managers need to engage with employees to achieve agreed goals, they can not work alone. Managers with higher EQ are more likely to be in flow and happy, they able to keep the positive mood, aware the negative mood, have better social life, and better relationship with subordinates. Because, higher EQ managers are able to motivate others through effective teamwork, encourage subordinate to achieve the pleasurable goals. Manger with lower EQ are likely express their feels and emotions in inappropriate way, they face trouble reading the body language, and low sensitivity about their and others feelings and emotion. Mangers with lower EQ whose tend to use authority to create the distance between themselves and subordinates, which is unfavourable for the organisation. Emotional Intelligence transformational leadership Transformational leadership seen as ( ) the ability to bring about significant change. It is relevant in the context of change management. As claimed ( ) transformational leaders able to manage changes in organisations strategy, culture, as well as employees motivation. Transformational leaders provide more freedom to employees, they focus on the intangible element, for instance the vision, value, building solid relationships, rather than controlling the employee by rules, incentives, power. Moreover, the emotional intelligence plays a critical role in the transformational leadership. There are four characteristics for transformational leader when they adopt emotional intelligence. The transformational leader able to provide a vision which desired in the future, it is the vision significantly better and appropriate than other ones. By using emotional intelligence ability, leaders communicate to employees in the way that the difficulties of change can be solved and the effort of change is worth. Transformational leadership moves employee more motivated, employees given opportunity to control, transformational leaders able to motivate employees focus on their own mission and goals, also define the boundaries within it which employee can accomplish it in the relative degree of freedom. Transformational leadership shift the employees concerns from the lower hierarchy of needs (physical needs, safety needs )to higher hierarchy of needs(self-esteem and self-actualization), which means the transformational leader not only meet the lower need through better salary, better working place, these leaders with emotional intelligence also pay attention to employees attitude in terms of personal growth and development. Transformational leaders motivate employees to do more than others, which encourage them to go beyond the self- interests to contribute the organisation. Emotional intelligence transformational leaders able to create the awareness of importance of changes, therefore when the employees admire their leaders, they have high level of trust in transformational leaders, they are positive and confidence about the changes confronted, it leads to willing contribute the organisation beyond the self-interest. Emotional Intelligence Leadership skills As ( ) found that a leader with high EQ is more effective than a leader with high cognitive capability, leaders with high EQ know and understand the secrets of the heart, they have developed what called an educated heart, a sense of personal and social responsibility. Therefore, Leaders with higher emotional intelligence performance better in certain skills, three main significant skills mentioned below: Self-awareness: it enable managers to accurate understand their strength and weakness, self awareness is also related to impulse control and tolerance stress. High EQ managers should able to cope with the difficult and challenging situation. Care Employee: it involves making the ease environment, and making employee relax. It is help to manager control impulse with regard to anger and others emotion, and make employee happy while they work, as a result to increase better teamwork and productivity. Relationship building skills: it is ability to build the relationship with people around which involve inside and outside the organisation. It also involve impulse control and stress tolerance skills, which is the key to in interpersonal managers, it is similar concept as above mentioned Daniel Goleman emotional intelligence model. Critics of Emotional Intelligence Goleman (1995) claims that if we look at sets variables of emotional intelligence persistence, warmth, optimism and so forth. We can predict important life outcomes. The way to interpret the claim is that people with more emotional intelligence traits are likely to be success in the life or workplace. The different traits such as empathy motivation, assertive, tolerance, optimistic, sociability, attention to details, extroversion and so forth, contribute to success. However, Barrick and Mount (1991) carried out research of 24.000 workers, they found top three personality trait which related to emotional intelligence traits which mentioned above. They found altruism and modesty were not related to job success, and extroversion, it include the good feeling and warmth were not predict the success for lawyers, teachers, although it is work in sales people. In addition, some of the series of traits may conflict, for instance people with higher demand to goals may have lower in cooperatio n, furthermore , it is not necessary means that organisation to recruit employee with higher emotional intelligence can be success, because when HR department prepare the job description, according to ( ) traits such as people skills, initiative, and persuasiveness appear in 67% of job description.. So, Golemans claim regarding emotional intelligence is seem like overblown, people with higher emotional intelligence can not be predicted the future success. Secondly, Goleman (1998) claims that Outstanding leaders emotional competencies make up to 85% to 100% of the competencies crucial for success. It not necessary true , because leader not only need to have emotional intelligence, they are also look for opportunity to allow them to lead effectively, and the success leaders always looking for better way to improve their performance. However, as ( ) mentioned clearly, there is link between an individuals ability to manage and generate emotions and leadership. In other hand ( ) discuss that the important of individualized consideration as an aspect of transformational leadership and identify charisma as an aspect of leadership. It means that individual consideration and charisma also the important factor for success leadership. Conclusion Overall, in the first part report, it has clear analysis the relation between change management and emotional intelligence, the organisation need to deal with changes all the time, they need to adopt appropriate strategy, structure, procedures to manage change, the report also mention the change management models, such as Kanters 10 commandments, Pettigrew 5 factors, Kotters 8 failure and success factors, and SARA model. At the second part, it focus on how managers communicate undergoing changing process, the way to aware and monitor employees emotion, the conception of emotional intelligence has been introduced, the different definition also been stressed. Moreover, the theories of emotional intelligence also been listed, it provide the clear picture for managers in what extent and how to utilise the emotional intelligence. The third part of the report, has critical analysis the relationship among emotional intelligence, personal relationship, transformational leadership, leadership skills. It is the way to examine the emotional intelligence in other perspectives. The advantage and disadvantage side of the emotional intelligence in relation to transformational leadership, and the skills need for emotional intelligence managers. At the last part, the critics of emotional intelligence has been arise, the argument been made regarding the claim of Daniel Goleman. First claim about the variable of emotional intelligence can predict the important life outcome. The report has provided the examples and other authors research to argue the thesis. As result, the emotional intelligence has overstated, people with higher emotional intelligence can not predict the future success. The second claim said the Outstanding leaders emotional competencies make up to 85% to 100% of the competencies crucial for success. It is the only significant factor related to leaders success, it is one of many among important factors. Ref

Macbeth Is A Tragic Hero :: essays research papers

Macbeth Is A Tragic Hero One might choose to assent to the statement, "Macbeth is a tragic hero." This conclusion may be based upon certain characteristics , proposed by Aristotle, that warrants him worthy of such a title. Aristotle stated that a tragic hero must be of certain qualities: a man of noble stature, good, though not perfect, have a fall that results from committing an act of injustice, which is his own fault, and receive a punishment that exceeds the crime. A tragic hero is one of noble stature, and is good. Macbeth is known as the Thane of Cawdor. He receives this honor because he has just returned from a military success that has covered him in glory. Macbeth can be considered "good" at the start of the work. He is good, although he is not perfect. He has a good heart and is in a keen state of mind before he hears the witches' prophecy. Macbeth does not begin to become evil until he is convinced to act on the prophecy by Lady Macbeth. Lady Macbeth is the evil one who poisons Macbeth's mind; although, she is only encouraging her husband to do what she feels is in his best interest. The hero's downfall is his own fault, the result of his own free choice, not the result of an accident or fate. An accident and/or fate may be a contributing factor in the hero's downfall, but are not alone responsible. Macbeth's downfall is entirely his fault. He chose to listen to the witches' prophecy. Banquo heard the same prophecy, but chose not to allow himself to be duped. Macbeth could have done the same thing. He, instead, chose to accept the prophecy and act upon it. Macbeth spends most of the play in moral indecision. Lady Macbeth encourages him, but it is he that chooses his actions. A tragic hero's misfortune is not wholly deserved. The punishment exceeds the crime. Macbeth does not totally deserve to die as a result of these incidents. He begins the work as a good man, but later declines because of the desires of his wife, and bad choices. Macbeth does not want to kill anyone, but does it. He is a person of greatness, but is also of weakness.

On the Futures of the Subject :: Philosophy Philosophical Papers

On the Futures of the Subject ABSTRACT: This paper is intended as an inquiry regarding contemporary critical assays of subjectivity. In response to the contemporary politics of representation, both in expressions of essentialist identity politics and in versions of social constructivism, and their implication of all pedagogical practices in transfers of power, I wish to project the question of the subject’s futures. I choose to discuss the limits of the interior, monadic subject for consideration not only its historical and contemporary effects in the politics of representation, but also for the possibility of thinking beyond it. In the spirit of Foucault’s ethical project only a special kind of curiosity and a thinking ‘otherwise’ could, if luck and wit permit, allow us as individual subjects to go beyond ourselves. Thinking otherwise, when possible, could also suggest going beyond ourselves collectively in the creation of provisional critical pedagogical and ethical community. The notion of a decentered subject, now affixed to postmodern thought and practice, remains elusive. As a sometimes notorious, sometimes vogue tenet of cultural politics, the multiple, positioned subject breaks from traditional anchorages, whether theological, philosophical and political and their cultivation of experience. Most difficult for public critical reception are accounts of fragmentation and centerless identity, fueling charges that a moral vacuum has been excavated. The risk of losing any guarantee to permanence, order and a planned purpose to life is too great a secular leap into the void for most modern individuals to accept. While the specters of social fragmentation have been recognized as modes of experience under reifying modern social relations, the split subject, from Descartes to Freud and, on into postmodernism's displacements, a nostalgia for a substantial, core self persists. This paper is intended as an inquiry regarding contemporary critical assays of subjectivity. In response to the contemporary politics of representation, both in expressions of essentialist identity politics and in versions of social constructivism, and their implication of all pedagogical practices in transfers of power, I wish to project the question of the subject's futures. I choose to discuss the limits of the interior, monadic subject for consideration not only its historical and contemporary effects in the politics of representation, but also for the possibility of thinking beyond it. In the spirit of Foucault's ethical project only a special kind of curiosity and a thinking `otherwise' could, if luck and wit permit, allow us as individual subjects to go beyond ourselves.

Greatness :: essays research papers

When a Jewish girl living in Krakow under false papers visits Schindler, she asks that he hire her parents to work in his factory. He is infuriated with the girl and she runs from him, fearing her life and liberty. Schindler expresses his rage at Stern, whom he accuses of harboring Jews in the "haven" of a factory. Schindler is not angry at the idea of his factory as a haven, but the fact that such activities are illegal. However, as the atrocities of the Nazis become more apparent, Schindler begins to see the great opportunity he is presented with. He hires the girl's parents. Although there is no dialogue to give the viewer any direct clues, the scene in which Schindler observes the liquidation of the ghetto at Krakow hints at the change that begins to overtake him. He appears to be gripped by the stark realization of what the Nazi's are actually doing. He watches from a hill overlooking the ghetto, as Jews are massacred and children are oblivious to what is happening. The horror of it all overtakes his mistress, and she begs him to leave the tragic scene. Later, the change that has overtaken Schindler becomes more apparent. In a conversation with Hauptsturmfuhrer Amon Goeth, Schindler expresses his feelings about the relationship between that Nazis and the Jews. Goeth states that the reason the Jews fear the Nazi's is because they have the power to kill. Schindler believes otherwise. He says that the power to kill is a punishment to be used in exercising justice, but the real power lies in exercising mercy. According to Schindler, to have every justification for killing someone and letting him or her go demonstrates real power. This idea leaves an impression on Goeth, who begins to practice "mercy" the next day in his dealings in the concentration camp. Unfortunately, practicing mercy does not leave Goeth with the same fulfillment as murder, and he reverts to his old habits. This demonstrates a fundamental difference in the way Goeth and Schindler see the Jews. Goeth views them in typical Nazi fashion. His deep-rooted resentments, hatred, and perhaps even sadism, do not allow him to treat the Jews in a humane fashion. He sees them as a scourge to be eliminated, and at the very least a means to an end. He finds joy in shooting innocent Jews from his hilltop villa, and from exploiting them in cruel and unusual ways. He even finds pleasure in beating his maid.

Liberal Reforms and its Impact on the Lives of the People

â€Å"To what extent did the liberal reforms in 1906-1914 improve the lives of people? † The Liberal government introduced a series of reforms aimed at moving away from the Laissez-faire ideology and toward a more self help scheme aiming to move people away from poverty and to make Britain a better country both in health and prosperity; Churchill said â€Å"If we see a drowning man we do not drag him to the shore, instead we provide help to allow him to swim ashore†. To do this the Liberals aimed at giving aid to the young, the old, the sick, the unemployed and the workers; these groups will be discussed throughout the essay.These reforms were later regarded as the foundations for the welfare state. Children were one of the most critical groups for the government to help because they were unable to help themselves. They were also the next generation of workers and soldiers and knowing that war was looming meant that the government were very eager to improve their health . In 1906 an act was passed called â€Å"Provisions of Meals Act† which meant local authorities were allowed to provide free school meals for destitute children; however this was not made compulsory until 1914 and so only a few councils took it on board right from the start.These free school meals were effective in two ways; they were found to have vastly improved children’s diet and growth and also improved the children’s concentration during school. Parliamentary papers quoted â€Å"Children are unable by reason of lack of food to take full advantage of their education† this proves the point that children were so hungry they could not concentrate and benefit from a proper education.In 1907 the â€Å"Administrative Provisions Act† was passed which introduced free medical inspections in schools checking the children’s weight, height, eye sight and general health but it was not until 1912 that free medical treatment was provided before any il lnesses were observed, but little could be done by poor families who could not afford treatment also some parents believed it what their duty to look after their children and keep them healthy a historian Pugh said â€Å"much of the states activity in connection with children – vaccination, medical inspection, school meals, arrangements for taking them into care was represented by parents as an infringement of their role. †. Both of these acts did not improve the overall lives of the young in Britain and showed that not enough was truly being done to effectively make change and that the illusion of change was not enough.Arguably the most important of reforms for children was the â€Å"Children’s Charter† which was introduced in 1908. The general idea of it was to protect children from cruelty and corruption: juvenile courts were set up, imprisonment would occur in borstals, identity was protected, neglecting parents could be fined and age restrictions wer e placed on products such as alcohol and tobacco. The minimum age restrictions to products had limited success to start off with but it did make a difference. Overall, these acts together were believed to guarantee better lives for children. The elderly were helped by being given an old age pension. In 1908 the government paid up to 5 shillings a week to people over 70.The pension received depended on income and was set on a sliding scale so those with the highest income received for the least (or none) in pension money. The idea of pensions was admirable but there were many unfair features of it when first introduced. Not all elderly British citizens could qualify for it; those who had avoided work, had a criminal record, or were habitually drunk were excluded. Also, the fact that it was provided for the over 70’s meant that not many people lived long enough to receive their pension and also those who did had not received it early enough as monetary aid since it would have b een required many years before it was provided.Finally, the pension given did not raise the elderly income above the poverty line; Seebohm Rowntree’s minimum income for comfortable survival was over 35 shillings a week, Taylor stated the government â€Å"provided a meagre pension for the needy over the age of 70† which shows many people believed that the amount paid for the pension was not nearly enough to live on. Therefore, despite the idea and intensions being good they did not go far enough to improve the lives and ensure security for the elderly. The sick were another group the government tried to help. A contributory scheme was introduced for workers in case of illness. At the time there was no free national health service and the poor usually could not afford medical help. The â€Å"National Insurance Act† of 1911 gave some medical benefits for the worker who, when working, had paid into the scheme which their employer and the government would then add to o.One of the main causes of poverty was the sickness and subsequent absence from work so any amount of income during absence from work would benefit the worker and their family greatly. However there were many problems with the scheme. For a start the workers did not like the idea that 4 pence of their money every week would be taken from them despite the possibility they may not claim on their insurance and they may have need the 4 pence for their own survival at the time. Also, it was only the workers themselves who were able to claim from the insurance despite the difficulties another illness in the family may put upon the other family members.Thus, to be of greater use and to have been viewed in greater favour by many this scheme would need to cover a broader spectrum of difficulties within the family unit and appear more obviously beneficial to the majority rather than just the worker. Unemployment was another important factor of society which the Liberal reforms attempted to t ackle. They did this by introducing â€Å"Labour Exchanges Act† in 1909 where workers could find out where work could be found. Part of the National Insurance Act dealt with unemployment; it was a contributory scheme like that from illness from both the worker and the government for which they would receive a payout when unable to find work. However, this payment only lasted for up to fifteen weeks so if they were unemployed any longer no help was given. The scheme also only applied to seven particular jobs.Churchill explained â€Å"there are trades in which seasonal unemployment is not only high, but chronic; marked by seasonal fluctuations†. It was not designed to deal with long term unemployment and the labour exchanges act was slow and inefficient. The workers were helped by the government by introducing a â€Å"Workman’s Compensation Act† in 1906 that covered 6 million workers who could claim compensation for disease or injury that was a result of po or working conditions. However, in many trades and industries the government failed to establish a minimum wage level or a limit to working hours therefore did little to improve the lives of people during this period of change.On the other hand there were many positive reforms passed to help this category. In 1908 miners secured an eight hour working day. In 1909 the â€Å"Trade Borders Act† tried to protect workers from the sweated industries by setting up trade boards to fix minimum wage in jobs where workers were liable to exploitation and where trade unions could not protect them. Finally, in 1911 a â€Å"Shop Act† limited working hours for shop assistants and guaranteed a half day when the shop is closed. The government did make changes to this group but did not solve all their problems. To conclude, it is certainly true to say that the Liberal reforms marked a change away from Laissez-faire† to a more interventionist approach which meant that the government took some responsibility for the welfare of everyone in the country. It is wrong to say the Liberals created a welfare state . They did however mark a transition point between the old attitudes and the new attitudes towards poverty. The reforms did help to improve the lives of many people living in Britain during this time but did not solve all problems faced by the government and by the citizens of Britain; poverty was not solved and many people still lived under the poverty line, housing was not improved and there was still no free health care and so until these issues were dealt with overcoming these major problems would be difficult to do.

How does human cruelty darken Browning’s poetry? Essay

On the one hand, some people agree that the recurring theme of human acts of cruelty, such as murder and deceit, throughout his poetry instils a sense of darkness. An example that supports this is the joy and delight that the female narrator feels in ‘The Laboratory’- â€Å"invisible pleasures†, which gives an impression of uncontainable excitement as she helps concoct her deadly poison for which she has high admiration, as it finally allows her to get her revenge, emphasising a sinister tone in the poem as the woman revels in the pain she is about to cause, holding no remorse. This can be compared to the similar way in which the persona of the duke in ‘My Last Duchess’ also shows no remorse or guilt for the presumed murder of his duchess, darkening the air of the poem as, combined with the warning implications of further intentions to keep his next duchess exactly where he believed she was supposed to be within society, he seemingly has no fear of be ing caught and if so, punished, showing the danger in the immense amount of power he holds. On the other hand, I partly disagree with this statement as Browning also incorporates social realism and satirical comedy into his work, to portray the hypocritical yet casual nature of cruelty within society, such as in ‘The Pied Piper of Hamelin’. The brutality of humans within this poem is represented by the contrast between the theoretical behaviour of a jester-like figure and a well-dressed mayor, and the actual way in which they behave showing that a person cannot be judged by appearances, in a comedic manner. This is similar to ‘The Patriot’ as Browning used a consistent rhyming scheme to represent the way in which society has and never will change over time, and people will always look for someone to blame life’s problems on. Another reason for my opposition to this statement, based on Browning’s ‘Pied Piper of Hamelin’ is that the cruelty portrayed within the poem is not necessarily a result of human behaviour, but rather an otherworldly being; â€Å"no guessing his kith or kin†, which suggests that nobody could distinguish where he had come from as he was so different to everybody else. On the contrary to this, many would agree with the statement that human acts of cruelty darken Browning’s poetry because the pied piper abducts the innocent children of Hamelin for a crime they themselves had not committed, emphasising how truly evil his actions were. By taking the children, the piper literally took the fresh, new life out of the town, which has connotations of light and happiness, therefore meaning the piper managed to take the light out of the town and poem. Furthermore, darkness descends upon Browning’s work as a result of the introduction of human cruelty, especially in ‘The Patriot’ in the way that society so easily turned against their leader after he had failed to give them what they wanted, despite his best intentions in trying to give them everything that was best for them, and punished him by seeing him die up close from the best possible view in a humiliating and demeaning public execution. On other hand, some disagree: Laboratory- sympathy felt for the poisoner, so some justification felt/admiration of her strength as only female narrative MLD- charismatic duke/ justification of his actions.

Multivitamin

In my house I have two types of multivitamins on hand. I have Marvel’s, The Amazing Spider-man complete multiple Vitamin and Mineral Supplement with DHA. I also have Equate Woman’s One Daily with calcium, Iron, and Zinc multivitamin and Mineral Supplement. My son, although an adult, prefers the taste of a chewable, which is why I have Spider-man vitamins on hand for a 20 year old. The benefit of taking either of these vitamins every day is that no matter what you eat each day, since a daily diet usually varies, your body is guaranteed to receive at least the minimum amount of essential vitamins and minerals a body needs to perform at its best. Almost every person has a day where they didn’t eat breakfast, or maybe they skipped lunch, the vitamin, helps to replace what they missed in getting from the nutrients given to a body through food. For instance, I do not drink a lot of milk. Therefore, unless I am eating a larger amount of other dairy products to compensate, I need a vitamin that contains calcium to support my bone growth, structure, and to prevent osteoporosis since I am in my 40’s. While not having enough vitamins and minerals in your body can cause many health related problems, over taking them can also cause health problems. They fact is that most vitamins and minerals are absorbed into the body, and eating a healthy diet with only one supplement can keep a person healthy and balanced. However, most people do not eat a healthy diet, therefore the supplements can help keep them on track. One must keep in mind as well though that some people over use supplements thinking they are increasing their health when the reality is they may be causing the very problems they are trying to prevent. The textbook relates to a study showing that too much pyridoxine caused people to lose the ability to walk (Chapter 8: The Vitamins, n.d.), whereas not enough was thought to cause anxiety and depression. The text also explains how sailors did not get scurvy when they took vitamin C. Too much vitamin C causes stomach ailments. Based on the guidelines, in my home, vitamins are needed. We do not eat a proper healthy diet that would contain all the correct amounts of vitamins and minerals our bodies need to support good health. Taking a vitamin everyday, which we do, makes me feel a little bit better about the state of our health and daily diet.

Gammasonics Institute for Medical Research Pty Ltd

Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a â€Å"good†, preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act[2] and outlines the progressive court decisions that have considered the question and have begun to recognize software attached to a medium, like a cd package as a â€Å"goods†. It also briefly addresses the applicability of statutory warranties of fitness for purpose and merchantable quality and supports that fitness for purpose and merchantable quality are implied by common law giving reference the test for implication in fact outlined in BP Refinery (Westernport) v Shire of Hastings (1977)[3] Background and overview The disputing parties are Gammasonics, a provider of services to radiologists in NSW, and Comrad, a business that provide software and information management systems to radiologists in Australia and New Zealand. The dispute concerns a contract between the parties for the delivery and installation of a software package via remote internet download called â€Å"Comrad RIS†; which was to manage workflow, patient registration and appointments, online referrals and processing of Medicare claims for Gammasonics. The software was downloaded onto Gammasonics’ server and Gammasonic were purportedly responsible for hardware configuration and the network infrastructure specified to run the software. Comrad delivered the software via internet download and certain areas of the software did not function as required. Gammasonics claimed to terminate the contract for breach of terms including â€Å"failure to deliver a functioning software package, failure to provide goods of a merchantable quality and/or for the delivery of a software package which was not fit for its intended purpose.† [4] Comrad in turn sought an award for damages due to the repudiation of the contract by Gammasonic. Trial Proceedings This case is an appeal from Local Court against orders made by Magistrate Quinn in favour of Comrad for the amount of $58,011.21. There Magistrate Quinn was not convinced the software supplied by Comrad was a â€Å"good† as defined in s5 of the Sale of Goods Act 1923[5] and â€Å"held the act did not apply†[6]. She also found Comrad failed in the delivery of certain components required for the software functioning; however it was stated that it was â€Å"Gammasonics' own acts or omissions and not any conduct for which it had contractual responsibility that rendered the system unworkable, such that Gammasonics’ purported termination was a repudiation of the contract thereby entitling Comrad to sue for damages.†[7] Material Issues The following are the key issues that arise from the judgement and contain the essential elements of the case which will be discussed in this case note. 1. Whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act.[8] 2. Whether equivalent terms of fitness for purpose and merchantable quality are implied by common law. 3. Breach of essential terms The matter of whether a breach of contract is a question of mixed fact and law is also addressed in this case but it will not be extensively discussed within this case note. Whether a question of mixed fact and law arises was dealt with early in the case and Fullerton J was satisfied that the question of whether her Honour erred in holding that Comrad was not in breach of the contract, involved a question of mixed fact and law and as such leave to appeal ought be granted. Comrad also filed a notice for contention on two points one concerning the implication of terms into the contract equivalent to the statutory warranties of merchantable quality and fitness for purpose, the other on the question of breach. The Sale of Goods Act 1923 The definition of goods provided in the Sale of goods Act 1923 (NSW) s5(1) is Goods include all chattels personal other than things in action and money. The term includes emblements and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. It was submitted by Gammasonics that the software provided by Comrad was within the statutory definition of â€Å"goods† and they relied among other things on the implied condition as to quality or fitness in the act outlined in s19.[9] On appeal a request was made to consider whether there was a â€Å"Fresh Analysis of Authorities†[10] with a more modern approach to interpretation of the Act. Whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act.[11] The case gives a thorough analysis and contains a comprehensive list of authorities that include case law and secondary sources which have reviewed this question. The key area of difference noted was that the software was delivered by download onto a server. This distinguished the case from that of others including Toby Constructions Products Pty Ltd v Computa Bar (Sales) Pty Ltd[12] where the software was held to be a ‘good’ because it comprised both software and hardware. Gammasonics relied on a passage from Advent Systems Ltd v Unisys Corp [13] as authority where an analogy was drawn to musical compositions and music on cds suggesting that once the software had been downloaded to the server it became a tangible thing. However the common thread is that software provided on a disc falls within the statutory definition of a ‘good’ while remote download via a license it appears currently does not. The case Fullerton J considered most analogous to the facts was St Albans City. [14] In this case the question of whether the transfer of the software, without the sale of the disk would give rise to a sale of â€Å"goods† under the Sale of Goods Act 1979 (UK) was considered by Sir Glidewell. There the disk was likened to an instruction manual however again the distinction is made between the delivery of the software via disk format and remote download a distinction that was also noted by Sir Glidewell. An Australian case that revisted the question was Re Amlink Technologies Pty Ltd and Australian Trade Commission[15] this case did not follow the reasoning offered in St Albans City[16] by Sir Glidewell and considered the proposition taken to the extreme would see goods being defined in areas that where never meant to be covered by the act. Secondary sources were further considered as Gammasonics highlighted what they supported to be a ‘growing trend’ in Australia to recognize software as a ‘good’[17] The recent Trade Practices Law Journal article by Svantesson discussed the stages of development citing Toby Constructions[18]as the first step taken in recognition of software sold together with hardware as a good. The article also highlighted the decision in Amlink Technologies[19] to recognize software attached to some physical medium and suggested the next logical step for the courts was to further recognize software not attached to a physical medium. A passage from a conference paper was also considered[20]where the distinction is made that where a customer purchases a digitized version of an encyclopedia it is a good however where it purchases access to the encyclopedia database it is a supply of a service. The facts of this case are most like that of the first scenario and the plaintiff submitted that the authorities support the conclusion that the software provided by Comrad is a ‘good’ under the act[21] It fell however to the principals of statutory interpretation in particular the everyday meaning of goods and possession. Comrad submitted that the ordinary meaning and any interpretative words referred to things that are tangible; therefore, â€Å"because lines of computer code are intangible the position contended for by Gammasonics was inconsistent†.[22] Fullerton noted that it was preferable to give protection to consumers purchasing software by digital download and noted that research suggests that this is an increasing form of delivery means but stressed the need for legislative reform[23] in the area not judicial intervention and found that the Sale of Goods Act did not apply. Whether equivalent terms of fitness for purpose and merchantable quality are implied by common law. The case also outlines that common law terms as to fitness for purpose and merchantable quality can be implied. This is in accordance with test for implication in fact [24] from BP Refinery (Westernport) v Shire of Hastings which is: 1) it must be reasonable and equitable; (2) it must be necessary to give business efficacy to the contract, so that no term will be implied if the contract is effective without it; (3) it must be so obvious that â€Å"it goes without saying†; (4) it must be capable of clear expression; (5) it must not contradict any express term of the contract†. Although the test was ultimately not considered. Breach of Essential Terms With regard to the breach of essential terms two main areas were readdressed. The interfacing with Medicare and network incompatibility. In both cases the documentary evidence was reviewed. While the plaintiff submitted that the findings of the Local Court were in error and that Comrad was responsible for both resolving the problems of interfacing with Medicare and for creating the interfacing problems. Comrad failed to provide sufficient evidence to support these claims and Fullerton J was not satisfied that Quinn J was in error therefore the appeal was dismissed. Effect on Current Law This case has been referred to in a recent journal article discussing when ‘software is a good’.[25] It has also been referenced in the recent edition of Australian Commercial Law[26] as the authority for the principal that software delivered online does not constitute a good, within the meaning of the Sale of Goods Act[27]. The case highlighted the need for legislative review in regard to the status of computer software and with the introduction of new legistlation The Australian Consumer Law (ACL) it has finally been decided that for the purposes of the ACL software is now specifically included within the definition of goods [28] affording consumers protection under s54 Guarantee as to acceptable quality[29] and s55 Guarantee as to fitness for any disclosed purpose.[30] It also shows the courts reluctance for judicial intervention on matters that may have wider applications in the interpretation of legislation and illustrates the progressive nature of the courts to effect change.