Thursday, October 31, 2019

Critically evaluate Susan Brownmillers (1975) assertion that ' war Essay

Critically evaluate Susan Brownmillers (1975) assertion that ' war provides men with a tacit license to rape - Essay Example Brownmiller feels that rape perseveres as a way for men to perpetuate their historic societal dominance over women on the whole. Assault laws have evolved over recent decades with respect to different classes of rape; harsher sentencing for wartime rapists has also been achieved where once it was nearly impossible to convict a man. Wartime continues to be the most difficult scenario for the control and subsequent punishment of rape. Brownmiller and her colleagues agree that because of the relaxed morality of a battlefield or a war-torn country, men feel free to not only take advantage of their baser instincts to fight and kill, but also to rape. Brownmiller explains rape as a purely human issue; she notes how zoologists will not address rape since it is believed to be nonexistent in the animal kingdom. To Brownmiller and many other researchers, â€Å"human beings are different† (1975, 1) in that their males are capable of rape and their females are capable of succumbing to violent sexual acts. In nature, the sexual act of animals is governed by the female’s fertility cycle: in essence, animals will not have sex unless the female is fertile and the male senses this. With humans, however, the female fertility cycle does not govern sexual acts nor does it have any effect on the sex drive of males; this is the fundamental difference between people and animals on which Brownmiller bases her distinctions of rape. Instead of being based on the fertility cycle, people copulate based on their individual urges. As Brownmiller says, â€Å"our call to sex occurs in our head† (ibid.). With animals, the male of the species will not attempt to copulate with a female unless she is clearly fertile; therefore the fertility cycle governs not only sexual urge but the act itself. Since humans do not behave based on this fundamental principle, women are always able to be viewed in a sexual way, men are always able to become aroused

Tuesday, October 29, 2019

Enron And The Decision Making Factor Essay Example for Free

Enron And The Decision Making Factor Essay Introduction – Students, analysts and critics of modern business practice will always consider the colossal Enron collapse as an important text book case about how a lot of different things inside the company can trigger a nearly overnight downfall of a once prestigious company. If there was any Cinderella story in the world of blue chip trading and high portfolio business, Enron was the ultimate opposite, if not the witch herself who was killed by her own lethal potion. The Enron collapse resulted in the formulating of many different opinions pointing to the many different possible reasons why Enron – with all the promise and potential that it has a few years before it went south – made the nosedive that made it one of the worst disasters in the history of trade, commerce and business. There is no doubt that most of the opinions that surfaced explaining the reason why such an eventuality befell Enron placed the blame on the wrong things that the top management echelon did for the company; they are after all the one which is responsible for the present and the future of Enron. Critics looking at the Enron debacle scrutinized what happened leading to the collapse using many different perspectives and considering many different factors, both in the professional capability of the company’s leaders as well as the impact of the surrounding factors beyond Enron’s control. One of the most important facets in the debate regarding the fall of Enron is decision making. Evidently, a lot of wrong decisions were made, with one every wrong decision acting as a building block that eventually became an insurmountable wall of consequences all borne out of wrong or faulty decision making processes that yielded results that did the company more harm than good. Indeed, the decision making linchpins significant to the establishment of the case that the Enron collapse was due in some extent to the decision making aspect of the leadership strata of the company can be identified easily as it is scattered throughout the timeline of Enron’s very near and not so distant past leading to the eventual fall of the company that hid behind the facade of the building the ugliness created by the qualities of its leaders that caused the chaos that burned down Enron down to meager, worthless ashes. This paper will pick the significant moments wherein the decision making capabilities and abilities of its top management leaders were at play and use these moments to establish the ethical and other considerations coming to play during the analysis of the decision making efforts of the leaders and why the outcome of such exercises led to the fall of Enron and not towards the company’s betterment, which is the main task of the company’s top executives. The paper will utilize these occasions to stress its argument regarding the role of effective, ethical and sound decision making of top executives leading to either the success or bankruptcy of companies, in this case that of Enron, and discuss key aspects of this line of thought. The paper will not criminalize the actions of the executives of Enron; rather, it will infuse inputs from other professionals regarding important aspects in the discussion of corporate decision making (ethics, result-orientation, etc). Background – Various angles have already been explored by many different individuals every time the topic of analysis is Enron and its collapse. Because of this, the paper is moving to focus on an aspect that is focused more on Kenneth Lay and the rest of his top executive clique’s personal characteristic that could have played an important role in the outcome of Enron’s operation. Decision making is both a personal characteristic as it is a professional credential, even an asset. Some people are being paid handsome amounts of money for their ability to transform decision making moments into an opportunity that provides a positive result and expected outcome for the company. Ehringer (1995) puts it simply: The ability to make good decisions is the defining quality of our lives (Ehringer, 1995, p. 1). When Lay, Skilling, Fastow and other Enron bosses were placed in their respective positions, they were expected to exercise a high level of intuitiveness, business acumen and professional foresight so that every decision making opportunity is met with the company’s best interest long term and short term in mind. They were where they were because those who placed them there believed that they can make decisions to which the company can benefit from. When Enron collapse, many people and organizations criticized the questioned the decision making capabilities of the top executives – was the collapse an effect of the result of the decision that they made? Was the decision made putting the benefit of the company and the employees first, or are the decisions shaped so that it benefited them first? How bad was the breach in the ethical considerations that a professional should take every time he or she makes a decision that puts the future of the company on the line? These are just some of the questions that may also be present in the minds of those who followed the Enron case. Sure there were varying degrees of deception and fraudulent acts from the part of many select individuals who sinned against Enron and its employees, but these cases would have been minimized or even averted altogether if the important decision making privileges was limited to a select few, or if the future-altering decision making capability is disseminated largely among a huge group of people that can provide a check and balance system for Enron. Roberts (2004) explained that if it is possible for others to make the decisions for a unit, then new options arise to design the decision-making process as well as the incentive schemes to get better performance on both dimensions. For example, the design might specify that a decision about a project arising in one unit that affects another would be implemented if and only if both units agree to it, (Roberts, 2004, p. 51). Enron is an energy trading firm which was performing well in the early part of its existence. By the start of the 21st century, the problems that the bosses were trying to hide from the public and from the employees started to stank. Soon, events unfolded like dominoes falling one after the other as a consequence of information spilling out into the public’s attention. Before 2004, the public already had a clear idea about how Enron bosses were supposedly the one responsible for the defrauding of the employees and their company shares and other benefits, as well as the one responsible for the bankruptcy of Enron. One by one, key company officials stepped out of the light and implicated a new name, which will in turn implicate a much bigger name, until the dragnet sent out to see who was accountable for the fraudulent acts in Enron caught its top bosses, including Lay, Skilling and Fastow. Many individuals faced criminal charges, and many more simply went home not just jobless but are robbed of lifetime investments which Enron bosses manipulated and soon lost because of the wrong decisions they made on how to run the company and make it prosper and grow. Examples of how Enron management made wrong decisions during decision making moments abound in the history of the company. Take for example what happened in 1987 instead of declaring the $190 million loss the company experienced, they concealed it instead, leading to criminal charges. This habit of Enron for opting to conceal losses instead of declaring it became a dangerous vice; when Fastow was aboard Enron, the same outlook affected the decision making of Enron, leading to increase in pile of cases wherein Enron through its top management consciously made actions that defraud the employees and the public. There was also the case of poor public relations by Enron which fanned the flames of panic that removed any possible opportunity for Enron to remedy the financial situation without creating hysteria that saw many stockholders selling their stocks due to the continued falling of the stock value of Enron. Statement of Problem – The most important decision that Enron’s executives faced was not the decision on whether or not to publicly announce about the bankruptcy; in fact, there was no decision making factor during that instance since the predicament of the company has already been decided regardless of what the top executives might have opted for: they were flat out broke and the public needs to know about this, that was the situation. The true decision making moment for Enron’s bosses was the time when they were deciding what the best option to take is with regards to the financial aspect of the company, including taxes, earnings and financial loses. It was a matter of facing a decision making task that provided the Enron bosses with two options – to do the right thing, or to opt for something that is morally and ethically inappropriate. The decision reached in this particular decision making instance was laced with the hope that the option they took would be free from serious repercussions and give them enough time to fix it all up again. Unfortunately for Enron, things did not work out as planned, and the criminal liability of the Enron bosses stemmed from the fact that they decided to do something which they consciously knew was detrimental to the welfare of the Enron company and its employees. During that particular instance, Lay could have opted to do the right thing and faced the consequences by coming clean, he may have a more sympathetic public to support him in whatever efforts he may wish to undertake to revive Enron, and not be faced with the collapsing stock value since those who can sell theirs sell it in a frantic phase to rid themselves of the stock of the company which is nearing imminent bankruptcy. This showed how the people do not give second chances to those who squander their decision making privileges by making decisions bereft of the consideration of the good of the greater many. Decision making John Hintze (2006), in his discussion about making smart decisions during decision making, used the case of the Enron collapse to open his discussion and establish the fact that problems are something that is foreseen, something that happened nonetheless owing to bad decision making. Hintze wrote, should we have seen 9/11 coming? What about the Enron collapse? The Signs were there; people pointed them out, but the appropriate steps were not taken by those in a position to do something. Why is this? Politics? Greed? Those certainly contributed, but there was something else at work here, too: A failure of common sense in decision making (Hintze, 2006, p. 123). Enron: Bad decision making Nothing can prove more about how bad the decision making went inside Enron camp more convincingly than the fact the company transformed from prosperous to poor overnight. This was the general characteristic of Enron through the traits shown by its leaders that reflect the Enron personality. There were earlier discussions in the paper about snippets on instances pointing to Enrons penchant for making bad decision or for going to the resolving of a problem utilizing an option that is more questionable. Fox (2004) explained that Enron believed that its expansion into international projects were positive initiatives simply because they put the company in more potential markets. In truth, Enron made bad business decisions that werent supported by the deals economics. The bad business decisions piled up, stretching from India to Brazil, pressuring the company to do something about its finances’ (Fox, 2004,p. 307). At least at this point, Fox is not pointing at the unethical aspect of the Enron decision making machinery, just the fact that they made decisions that were bad for the future of the company, but not to the extent of deliberately sabotaging the company or putting the company in danger with all known risk for personal gain. For Fox, it was a bad call plain and simple. But the matter of the fact is that not everyone sees it the way Fox does, and there are those who believe that there were ethical breaches in the decision making in Enron among its top bosses. The (absence of) Leaders in decision-making – Decision making in retrospective is one of the common line of thinking used when investigating events that led to growth or debacle. It is because decision making played an important part in shaping the future of the company; it is here where the foundation, or lack of it, was created via the decisions the bosses made or failed to make. To trace the problems or mark significant actions resulting from decision making which eventually resulted to either the success or failure of the company, it is not only the decision making events that are looked back to; the persons that made them were also put under the microscope, and among the qualities scrutinized is their decision making ability and their other characteristics that affect their decision making attitude and behavior. Professionals debate about the idea of a good decision, a bad decision, good intentions and bad intentions and how the good and bad effect that comes into play afterwards account for the overall accountability of a person wielding the power to make decisions that will have a tremendous impact on the future of the company, something which happened in Enron via Lay, Skilling, Fastow and the rest of the top figures of the company. Acuff (2004) explains that ‘if they make a decision that might not have been the decision I would have made, and they come and talk to me about it, we look at it and discuss it. There are a lot of different ways to skin the horse. I don’t go saying my idea is the only one that will get you where you want to go. I hold people accountable for good decision-making. If a bad outcome results from a bad decision thats a problem. But if a bad outcome results from a reasonable decision, then thats business, and it could happen to anyone (Acuff, 2004, p. 87). This was the predicament of those who are trying to evaluate the decision making actions of Enron top executives did they make decisions, even bad decisions with the sake of the company in mind, and gambled with their careers because they know that if their plans and actions go well, it is extremely beneficial for the company, in a very Machiavellian approach towards getting things done regardless of the means by which th ey did it, or were they just plain guilty of fraudulent actions? People who are burdened by the decision that impacts a lot of people is not always amenable to taking the high and moral grounds, that is why the adage about the end justifying the means, about getting things done at what ever cost, about delivering against the odds became popular because of people like the Enron bosses who (probably) acted upon their decision making duties by risking what can be a popularly bad decision. Indeed, it may be easy or even convenient for most people adversely affected by the Enron collapse to attribute the colossal corporate debacle to the top management figures of the company by criticizing their decisions as well as their faculty for sound decision making. While it is true that Enron’s top executives are responsible for the collapse of the company, it is not that easy to measure the level of ethical decision making attributes of Enron’s top brass. Goethals et al (2004) pointed out that â€Å"the complexity associated with ethical decision making and behavior, especially as it applies to leadership and the workplace, makes the construct extremely difficult to research†, adding that â€Å"Measuring an individual’s level of ethical decision making is challenging, particularly because the measurement instruments that are available have problems with priming and social-desirability effects; that is, questionnaires or other similar modes of data collection cue respondents to give answers that they believe are socially acceptable rather than answers that truly reflect their own actions or opinions (Goethals et. al. , 2004, p. 461). † Proof of which is the fact that all of these executives in question are career corporate leaders even before they joined Enron; their credentials played an important role regarding their selection for a corporate position as high as theirs. Because of this, as well as the factors that affect the credibility of the ability for identification of the real public pulse regarding the persons involved in the issue, ethical decision making levels of the persons involved is hard to ascertain, making claims for questionable ethical decision making consideration of the people lose important ground and stand on insufficient set of stable legs for proof and justification. Still, there are those who believe that the level of ethics that influences the decision making capabilities of the Enron bosses are without a doubt questionable, and this includes Mimi Swartz and Sherron Watkins who was quoted in the book edited by Kathy Fitzpatrick and Carolyn B. Bronstein. In the article, it mentions about how Swartz and Watkins â€Å"blame Ken Lay, former CEO of Enron, and other company executives for privileging greed and arrogance over ethical business decisions† (Fitzpatrick and Bronstein, 2006, p. 79), the gist of the published work co-authored by the two individuals. Nalebuff and Ayres (2006) wrote that the problem often arises because people ignore the costs and benefits that their decisions have on other people. We call this approach Why dont you feel my pain? The more technical term for these effects is externalities. Decision makers who ignore externalities are bound to make bad decisions (Nalebuff and Ayres, 2006, p. 67). This explanation greatly tarnishes the ethical value of the decision making ethics of Enron bosses because it shows that they are prone or inclined to make decisions even if the result of such decisions lead to negative effects that other people will experience. Niskanen (2005) believes that Lay, one of the top bosses of Enron, â€Å"should be judged on the basis of his personal actions, directions to subordinates, or the actions of subordinates that he implicitly condoned by knowing about it without attempting to correct not on the basis of what he should have known† (Niskanen, 2005, p. 6). Lays condoning of actions is a result of a personal and professional decision that he made or failed to make and because of that, Niskanen believes that Lay is answerable for any criminal charges that would result from that particular action (or inaction). Watkins was thinking of the company and its employees and their future and hers as well, when she made the decision to let her superiors, particularly Lay, know about the possible accounting problems and the making public of the current and real financial and trade status of the company. This clearly illustrates the difference in ethics when it comes to decision making. Decision making, ethics and public perception Decision making in business is not merely a power or a privilege that one can use at will without thinking of the consequences that might happen should the decision resulted into something that is considered as adversely negative and detrimental to the welfare of the employees, their jobs and the company they work for. Those who are provided with such amenity to go along with their job description should consider that it is also their responsibility to make sure that their employees and subordinates do not think that they are squandering away their decision making privilege and everything that goes along with it. This was the prevailing attitude or outlook of the Enron employees especially nearing the imminent collapse of the company. The absence of ethical consideration resulted to the losing of the credibility of the bosses of Enron because they were not careful with how they undertake their decision making tasks. While bankruptcy is something that is very difficult to accept and impacts greatly in the lives of the employees especially the rank and file blue collar workers, there is a sense of adding insult to injury during occasions wherein the employees are starting to realize that all of the unfortunate things that happen in the company and in their careers are all a result of the faulty, incompetent and unethical decision making of the top management echelon and not because the company was helpless in the onslaught of a devastating economic problem, like how companies closed down during the Great Depression despite the efforts of American businessmen to keep the different industries alive and breathing. During the collapse of Enron, the US is experiencing a very stable economy far from that which characterized US economy during the Great Depression, and is shielded securely from the impact of whatever it was that was happening in the global economic and business landscape, and so during the Enron collapse, the collective finger was pointing an accusing index digit to Enron bosses and majority of the cause of their indignation originates from the sloppy decision making capabilities of Enron bosses who lost their credibility the moment they lost Enron. Brazelton and Ammons (2002) wrote in the book they co-wrote: â€Å"The Ethics Resource Center conducted a survey in 2000 in which it learned that 43 percent of respondents believed that their supervisors are generally poor examples of honest managers, and the same number were pressured to compromise their own integrity or that of their organization during decision making. The survey also identified a strong connection between employees perceptions of their supervisors and their own ethical behavior (Brazelton and Ammons, 2002, p. 388). † Enron decision making: the two-pronged factors It can be pointed out that one of the problems that happened to Enron is the ineffective of decision making among top executives first, their top executives failed to make correct decisions when they are required to do so, and second, Enron was not fully complimented with a set of professionals which could have contributed to the decision making process, and in the process provided the possibility of infusing new or different ideas that could have altered the outcome of the decision making process. Fitzpatrick and Bronstein (2006) did not look exclusively on Enrons bosses and the decisions they made in the management of Enron and the companys money and asset, rather, the two editors focused on the absence of a key top management personnel and took the presence of such a void as a sign that Enron is not even prioritizing the welfare of the company and its employees. The book Ethics in Public Relations: Responsible Advocacy, which includes the Enron case as one of the important case studies to point out the importance of the role of public relations, explains that perhaps the governance of these companies was such that they did not care about their publics, and did not want the advice of senior-level public relations officer playing an active or dominant role in organizational decision making (Fitzpatrick and Bronstein, 2006, pg 179). Conclusion – Niskanen (2005) summed up the Enron case on its characteristic of thriving in bad decisions made by its corporate leaders by saying in the book that the most important lesson from the Enron collapse, however, is that Enron failed because of a combination of bad business decisions, not because its accounts were misleading adding that the major business decisions that most contributed to its collapse were a series of bad investments, most of which were in the traditional asset-rich industries; the failure to reconcile two quite different business models; and the decision to focus management objectives on reported revenues and earning rather than on the present value of future cash flows (Niskanen, 2005, p. 6). Are they poor in decision making, or was the decision making adversely affected by other concerns and priorities outside of Enron that the results of the decision made for Enron looks like those who made the call did not even think about how this course of action will affect Enron? There are no sufficient proofs to point that the case was the latter; for a company that became seventh all in all in the Fortune 500 at least once, it is unthinkable how there will be conscious efforts to sink the company by making wrong decisions, deliberately or not. The point of the paper is not the assertion of the guild of Skilling, Lay or even Fastow, it’s the establishing of the point that decision making, when not handled properly, can turn even the most profitable company into a nose-diving wreck in a short period of time, that decision making plays an important role in how a person defines his or her life and how he or she leads a company and that because of these factors, no one should have an excuse why decision making was taken lightly and without much thought or care. All the people can see is a group of people who made wrong decisions several times, the resulting web and how they got trapped in that web, that is assuming that there was no malice or hidden agenda that the bosses perpetrated in lieu of Enron’s collapse. In the end, only Lay (now deceased) and the elite circle of the Enron executive clique will be the ones who would really know about the truth regarding ethics and the decision making in Enron leading to the collapse of the company. Many would ask, and some would presume, the reasons as well as the level of guilt of these leaders when it comes to breaching the ethical requirements needed when undertaking decision making for a company. Regardless, the decisions they made created far reaching ripples and altered the lives of many individuals who invested not just their time, strength and lifes savings into the company but as well as their but as well as their faith and trust, which are not in shattered pieces because of the bad decisions that Enron executives made. Crawford (2006) further elaborated on the pointed by explaining that bad decisions by a major company, however, cause major disruptions for all of the companys stakeholders’. He pointed at the case of Enron as one of his examples, saying that ‘the Enron disaster, as one example, certainly had devastating impacts on the lives of most of Enron employees (including the middle managers and professionals who invested in the company-sponsored Enron 401[K] plans) and also caused suffering for many individual investors who purchased Enron stock on the open market. Thousands of other Enron stakeholders, including Enrons suppliers and customers, also suffered, (Crawford, 2006, p. 26). Indeed, Enron’s decision making had a hand in how the company turned out to be.

Saturday, October 26, 2019

Conflict Resolution And Transformation

Conflict Resolution And Transformation Conflict resolution and transformation are issues which have become very topical in debates and discussions on Zimbabwe. This is not only because Zimbabwe is characterised by many conflicts, but much more so due to the realization that in most cases the conflicts have negative impacts the a nations socio-economic and political development. Thus conflict resolution and peace building processes have become very essential in solving the problem of conflicts in the country. This chapter intends to examine the grassroots conflict resolution and peace building processes in Zimbabwe with a focus on Tongogara district as case study. It will also seek to explore the context, in which traditional leaders operate, the processes that link them to the people as well as how other scholars view them in terms of their effectiveness. Saunders (2000) defined literature review as a search and evaluation of the available literature in a given subject or area. Reviewing related literature helps the researcher gain insight on what other researchers have done and establishes existing gaps which the research seeks to ultimately fill. Punch (1998) considers the review of related literature as a researchers roadmap in the quest to convert tentative research problems to a detailed and concise plan of action. Lincoln (2005) augments the same notion by suggesting that it is of importance to be guided by related literature as this will equip the researcher with requisite skills to evaluate various viewpoints basing on the work that other researchers have done. The literature reviewed in this chapter seeks to analyse the role of traditional leaders in conflict transformation, the concept of conflict transformation, the common conflicts experienced at grassroots level and more importantly the approaches that are used by the traditional authorities in transforming conflicts. It further seeks to examine the theoretical and scholarly perspectives on the effectiveness of community processes that are employed in conflict management and peace building. 2.1 Background to conflict theory The period from 1970 to the present, has witnessed a remarkable interest in studies in conflict management and transformation. This was motivated by a number of factors which include ideological changes in the international system, the independence of most African states and the rise of many civil wars in Africa and the rise of new actors in conflict resolution paradigm. Interestingly however, most of the literature produced focuses mainly on the documentation of conflicts, their nature, and types of resolution that can be achieved neglecting the area of conflict prevention, resolution, transformation and management; hence the need to research on the practical ways that can help in the achievement of sustainable peace especially at grassroot level. Gaps have also been noticed in terms of the level at which conflict analysis is taking place as many scholars tend to place conflict resolution and transformation at the high level of governance not considering that many causes of conflict are deeply rooted in the grassroots and require the grassroots level actors to act on them to achieve sustainable peace and development. Sandy (2004) places emphasis on the conditions that are necessary for the transformation of conflicts. He argues that any attempt to articulate the nature of conflict and conflict resolution, must address those conditions, which are favourable for its emergence. He mentioned participation, engagement, freedom, justice and human rights as pre requisites for the achievement of conflict transformation. Sandy (2004) also mentioned the need for Community building and democratization as important strategies in conflict resolution and transformation .However Sandy does not unpack on how the democratization and community building can be used to achieve conflict transformation at the lowest level of governance where there are traditional leaders and councillors as key actors in governance. This therefore leaves out players like the grass root leaders and other influential people in the communities who are also important in peace building. The Online Journal of Peace and Conflict Resolution (2 010) focuses on definitions of peace and conflict, bringing the different kinds of peace that are there and the pre-requisites for conflict transformation and peace , the mechanisms of achieving this peace is however often overlooked. This therefore leaves a gap in terms of literature that explores practical ways of resolving conflicts and peace building, Rumel (2004) looks at alternative concepts of conflict resolution and the principles underlying those concepts. He mentions peace, as being a state of mind, that is, if the mind is at rest, then it follows that there will be peace and vice versa. Rumel (2004) views the human mind, as major contributor to conflict as he points out that, for as long as one has unsatisfied desires he/she wont be at harmony with the others. He brings out an important aspect in conflict transformation when he states that a human being needs to be satisfied with oneself and the outcome of any resolution exercise that maybe employed. Harris and Reilly (2005), emphasize the need to build a strong grassroots background as critical in addressing deeply rooted conflicts. They emphasise on the importance of addressing the root causes of conflicts through the involvement of parties involved in the conflicts. Their focus is however more inclined to ethnic conflicts and tribal conflicts, as they believe these conflicts are more a result of identity than anything else. This work is important, as it looks some of the practical ways in conflict resolution that are needed to achieve peace more so at grassroots level as most ethnic and tribal conflict are noticed at lower levels of administration like the districts and the villages. Most of the literature on conflict turns a blind eye on the role of grassroots actors in conflict transformation as usually their focus is large scale level, this often does not bring sustainability and progressive development, moreover this also leads to the extinction or decline in relevance of the grassroots approaches that are being used in the rural communities in developing countries. 2.2 The concept of Conflict transformation Conflict transformation is the term that has come into common usage over the years from the early 1980s, as a concept and a process that encompasses various aspects of conflict prevention, peace building, supporting local capacities for peace and transformational development. Conflict transformation arose as an alternative to the dominant paradigms of conflict resolution. As advocated by Lederach (1995), conflict transformation was conceptualized to provide a comprehensive framework for addressing conflict throughout its phases, that is from the initial stages of indirect conflict, to full-scale direct conflict to lastly, its resolution. Conflict transformation seeks to address questions often neglected on conflict resolution; structural violence, culture and cultural identity and the role individuals can play in diminishing conflict intensity and duration (Miall et al 1999). However, conflict transformation has also been articulated as an extension of current practices incorporated in peace-building (Miall et al 1999). This distinction does not however, affect the primary goals and objectives of a transformational approach. A number of conflicts theorists like Lederach (1998) advocate for the pursuit of conflict transformation as opposed to conflict resolution and conflict management, this according to Lederach (2000) is because conflict transformation reflects a better understanding of the nature of conflict itself. Conflict resolution implies that conflict is bad hence something bad should be ended thus conflict can be resolved permanently though mediation and other intervention processes, conflict management on the other hand correctly assumes that conflicts are long term processes that people can be directed or controlled as though they were physical objects (Lederach 2000). Furthermore Conflict transformation as put by Lederach does not suggest that we simply eliminate or control conflicts but rather work with its dialectic nature, this takes into cognisance the fact that conflict is social and naturally created by humans who are involved in relationships, it changes (transforms) these events, peop le, relationships that created the initial conflict. The cause and effect relationships thus goes both ways from the people and relationships to the conflict and then back to the people and the relationships (Vayrnen 1991), thus in this sense conflict transformation describes a natural occurrence. Conflict Transformation also involves transforming the way conflicts are expressed, it may be expressed competitively, aggressively or violently or it may be expressed through nonviolent advocacy, coalition or attempted cooperation (Lederach 1998) .The Centre for Conflict Dynamics(CCD 2009) views conflict transformation as a process by which conflicts such as ethnic conflicts are transformed into peaceful outcomes , it is therefore a process of engaging with and transforming the relationship, interests, discourses and if necessary the very constitution of society that support the continuation of violent conflict. In support of this view by CCD (2009), The Search for Common Ground (SFCG 2010) sees conflict transformation as initiatives that are often characterised by long time horizons and interventions at multiple levels, aimed at changing perceptions and improving relationships and addressing the roots of the conflict including inequality and social justice. Conflict transformation theory recognises the need to transform the conflict at a number of levels. Vayrnen (1991) identifies five transformations that need to occur in order to have a positive shift in the conflict. These are context transformation, structural transformation, actor transformation, issue transformation and individual / group transformation. This approach to conflict transformation acknowledges the multi-dimensional nature of conflict. 2.2.1 Principles of conflict transformation Burton 1996 identifies several principles to which he argues form the backbone of a conflict transformation process. Conflict should not be regarded as an isolated event that can be resolved or managed but as an integral part of societys on-going evolution and development. Conflicts should not be understood sorely as inherently negative and destructive occurrence but rather as a potentially positive and productive force of change if harnessed constructively. Conflict transformation goes beyond merely seeking to contain and manage conflict, instead seeking to transform root causes of a particular conflict. Conflict transformation is a long term gradual and complex process requiring sustained engagement and interaction. Conflict transformation is not just an approach and set of techniques but a way of thinking about and understanding conflict itself. Conflict transformation is particularly intended for intractable conflicts, with deep rooted issues. 2.3 Background to Traditional Leadership in Zimbabwe Ranger (1996) poses that the institution of traditional leadership has been around in Africa from time immemorial, traditional leaders are according to ranger the politicians of the pre-colonial age. At independence in 1980, Chieftainship was retained as a symbol of traditional values but the chiefs themselves were stripped of all their administrative and judicial functions. The chiefs and headman even lost their tax collecting functions as well as some administrative customary functions. District Councils assumed the administrative functions previously performed by traditional rulers whilst community courts took over the judicial functions. Ncube (2011) posts that the failure by the new government to incorporate and co-opt traditional institutions into formal state institutions in the first decades of independence lies at the heart of the confusion surrounding local administration in the communal areas after independence, this confusion was characterised by lack of clarity on the roles and functions between the Traditional institutions of Chiefs, Headman and Village Heads and the elected leadership of Village Development Committees (VIDCOs) and Ward Development Committees WADCOs in land matters. This precipitated a crisis of communal leadership in the communal areas of Zimbabwe whereby the legitimacy of the traditional institutions began to be questioned .Ncube (2011) further states that the powers of the traditional leaders were becoming defunct in many areas of the country, some chiefs, headman and village heads required some of their defunct authority over land proceeded to clandestinely allocate land, this land allo cation has become the common source of conflicts in Zimbabwes rural areas, thus the crisis of communal leadership sufficed itself in many land conflicts which occurred throughout the country The Zimbabwe governance system like in most African countries is characterised by co-existence of hereditary chieftainship and a democratically elected leadership. Traditional leadership is active at all levels of governance in Zimbabwe from the national level to the village level. At the highest level of the institution is the Chief, at the middle of the hierarchy is the office of the Headman and at the lowest tier which is village level is the Village Head , These institutions are established by the Traditional Leaders Act which recognises the role of each office in community development and peace building. The institution of traditional leadership is also recognised by the constitution, unlike local government that is created by statutes of Parliament. There are however conflicting claims to legitimacy and uneasy co-existence between traditional and elected leadership. Traditional leadership and local government officials occasionally trade accusations of abuse of power, non-compl iance with laws; customs and traditions, especially regarding allocation and management of resources such as land which forms the prevalent source of most conflicts in communal areas The Headman has functions similar to those of the Chief on a delegated basis but he is also the chair of Ward Assembly meetings. Since the Village Head chairs both the VIDCO and Village Assembly, the VIDCOs survive on the hard work of the Village Head and in a number of cases the VIDCOs no longer operating with all VIDCO functions being performed by the Village Head whilst in some cases VIDCOs are only seen to be operating when land disputes and resource conflicts emanate (Moyo, 2006) 2.3.2 The rural Governance nucleus The above diagram gives an explanation on the relationship in rural governance. The people form the core of governance and everything that is done at local level. The Africa Community Publishing and Development Trust (ACPDT 2010) explains that the authority in the rural areas rise with rank from the ordinary citizen or resident of a local area until it reaches the level of the rural district council. Which form the overall leadership in terms of development policies in Zimbabwean rural areas? the powers of the village heads are less than that of the headman as given in the traditional leaders Act cap 29.17(111) section 11, whilst those of the Headman are more than those of the Village heads but less than those of the chief in terms of the same Act (section 6 and 8; Traditional Leaders Act). Matibenga (2010) Asserts that in conflict resolution, if a village head fails to solve a community conflict issue, they refer it to the headman and if a headman fails again that same issue is referred to the Chief, the Chief is the highest traditional authority in rural areas. Ncube (2011) however argues on the same line but stating differently that these hierarchies in the rural areas are the primary causes of conflicts in rural Zimbabwe, this is because there are conflicts between these traditional leaders themselves in terms of responsibilities as one can easily see that the Chief has no limits over his jurisdiction in the discharge of traditional authority, The chief has the power according to the Traditional Leaders Act and the Customary Law and Local Courts Act to deal with issues even those that can be adjudicated by the lower authority of traditional leadership as such this causes dissatisfaction amongst the headman and village heads, as a result if the lower authority try to adjudicated the same type of conflicts in future, their authority is easily undermined and as such this reduces their relevance in dealing with traditional matters. This duplication of duties has been going on well for quite some time and has thus undermined the co-existence of these traditional leaders and as such reduced the impact of the grassroots approaches to conflict transformation by the traditional authorities. 2.4 Aims of grassroots conflict resolution 2.4.1 Empowering the community Kubasu (2008) observes that grassroots approaches to conflict resolution by traditional leaders seek to re-empower communities to make vital decisions and address the needs of their people as well as create an environment more conducive to lasting peace. This is because empowering the traditional leader is empowering the community as the community banks on its leadership for progress, opinion and development. 2.4.2 Restoration of Order and Relationships From a traditional point of view, conflict is perceived as an unwelcome disturbance of the relationships within the community. Hence traditional conflict transformation aims at the restoration of order and harmony of the community. Cooperation between conflict parties in the future has to be guaranteed. Traditional conflict management is thus geared towards the future (Mare. 2004). Consequently, the issue is not punishment of perpetrators for deeds done in the past, but restitution as a basis for reconciliation. Reconciliation is necessary for the restoration of social harmony of the community in general and of social relationships between conflict parties in particular. The aim as put by Kubasu (2008) is not to punish, an action which would be viewed as harming the group a second time. The ultimate aim of conflict transformation thus is the restoration of relationships Another immediate objective of such conflict resolution is to mend the broken or damaged relationship, and rectify wrongs, and restore justice (Moyo 2009). This is to ensure the full integration of parties into their societies again (Bob-Manuel: 2006), and to adopt the mood of co-operation for progressive development. 2.4.3 Transforming societies Other long term aims are based on building harmony in the community. It has been realised that tolerance is not maintained automatically, and should purposefully be aimed at and worked for. The Kpelle people of Liberia of West Africa are known for their ad hoc local meetings called moots or community palavers, where the conflicting parties arrive at mediated settlements through the use of experienced traditional leader (Bob-Manuel 2006). Bob-Manuel (2006) further tells that among the Ndendeuli of Tanzania, grasroot actors play active roles in conflict solving by suggesting an agreement and get as far as pressurising the parties into accepting it. Pressurising can be done through talking or singing: shaming and ridiculing. This special method can be used in contexts where it is acceptable and in instances where the cause of the dispute is self- evident. 2.5 The importance of Grassroots actors Grassroots actors are well positioned to address matters of community building, and identity formation. This is so due to a number of reasons as noted by Wilson (2001). Firstly, grassroots actors are positioned within the communities that they are working. These places them in close proximity to each individual which builds trust, respect and confidence between those directly involved in the conflict. Wilson (2001) points out that the Volunteer conflict transformation project in the rural provinces of Rwanda was widely accepted because grassroots actors were integrated into the local planning processes which catered for developmental needs of the community. Traditional approaches focus on the psycho-social and spiritual dimension of violent conflicts and their transformation. This dimension tends to be underestimated by actors who are brought up and think in the context of western enlightenment (Dore 1995). Conflict transformation and peace-building is not only about negotiations, political solutions and material reconstruction, but also about reconciliation and mental and spiritual healing. Traditional approaches have a lot to offer in this regard. They do not only deal with material issues, reason and talk, but also with the spiritual world, feelings and non-verbal communication. Thus Dore (1995) further highlights that reconciliation as the basis for the restoration of communal harmony and relationships is at the heart of customary conflict resolution. When dealing with conflicts based in a Third World or non-Western society, action or interference from external factors, such as International Non-Government Organisations, is often regarded as culturally insensitive or an act of Western imperialism (Solomon and Mangqibisa 2000). This perception of outside interference affects the prospects of conflict transformation as external actors intervening in the conflict often have established methods of interaction that often disregard traditions of conflict resolution that are evident in conflict-ridden societies (Solomon and Mngqibisa 2000). Grassroots actors are however, often familiar with particularistic traditions of community-building. As these are more likely to be positively received by the people, traditional methods are more conducive to peace promotion and enduring stability and cooperation within the society. Traditional approaches are holistic, comprising also social, economic, cultural and religious-spiritual dimensions. This is in accordance with the entirety of traditional lifestyles and world views in which the different spheres of societal life are hardly separated. (Kubasu 2008)The conflict parties can directly engage in negotiations on conflict termination and in the search for a solution, or a third party can be invited to mediate; in any case the process is public, and the participation in the process and the approval of results is voluntary. It is carried out by social groups in the interest of social groups (extended families, clans, village communities, tribes, brotherhoods, etc.); individuals are perceived as members of a group, they are accountable to that group, and the group is accountable for (the deeds of) each of its members. Kubasu (2008) advances that grassroot action provides an invaluable contribution to the process and substance of conflict transformation. Through their position in the socio-political hierarchy, Traditional leaders are well placed to address issues of identity and may often initiate change in an environment generally un-conducive to larger scale attempts at conflict resolution. Whilst the activities engaged by grassroots actors is largely context specific, conflict transformation theorists and practitioners can look to the success of different grassroots initiatives to build upon the current literature. 2.5.1 Comparison between grassroots conflict transformation and Morden conflict resolution Table 1(Adopted from Kubasu 2008) Traditional conflict resolution values Morden Judgement handed down by the traditional leader whose throne is hereditary and his assessors selected on their merits Judgement handed down by judges whose office is conferred on them through formal qualifications Peaceful resolution and recourse to justice Frequent recourse to revenge and violence, without waiting for justice Concern to reconcile the parties in conflict Judgements are categorical. There is no concern to bring together the parties to the conflict, nor for any later outcome The traditional leaders act out of a spirit of honesty, impartiality and fairness They offer their services voluntarily Bureaucratic and (at times) corrupt mentality Paid work Justice by the people involving everyone (everyone can come to listen and give an opinion)at the dares or village circles Justice is the province of a particular group of people (those with formal qualifications) Lengthy judicial process Disputes settled quickly or over a period of time(transformative) Moral and social sanctions Physical punishment and material fines Torture and imprisonment(does not create social harmony) Divesting individuals of their functions Being discredited in others eyes Being marginalized Paying fines Once the penalty has been paid, no further reference made to offences committed 2.5.2 Conflict Mapping and Analysis Processes of conflict resolution in Africa are characterised by three dimensions which include the nature of conflicts, conflict resolution mechanisms and the outcome of such mechanisms. In understanding the nature of conflicts, first there is need to identify types of conflicts (Maruta and Mpofu: 2004). There have been different ways of identifying types of conflicts. One way is in terms of complexity. It has been observed that in Zimbabwe there are simple and complex types of conflicts (Alexander 1995). Most of the conflicts have been and continue to be complex. The second way is in terms of duration. In this context there are short lived and protracted conflicts. Protracted conflicts are the most common in rural Zimbabwe these include conflicts of resources especially land and well as ethnic or tribal issues .In the Midlands and Matabeleland were protracted conflicts and civil wars that came after independence . The third way is in terms of violence. There are conflicts which are violent and those which are non-violent. Some people have characterised the non-violent conflicts as latent or structured conflicts (Fisher 2007). However, most conflicts which have been studied and which have drawn greater attention are violent conflicts which have involved bloodshed. Although most conflict resolution measures have been taken on violent conflicts, there have also been situations when conflict resolution measures have been made on latent conflicts. For example the latent conflict between traditional leaders and elected councillors in the Zibabgwe district of Kwekwe gave rise to a process of peace negotiations under the auspices of the Centre for Conflict Management and Transformation (Mpangala, 2000). The fourth way of identifying types of conflicts is in terms of the scale of the conflict. In this context conflicts in rural areas have been categorised as either resource or political conflicts, with a few tribal and household conflicts 2.5.3 The effect of political involvement Sometimes the role of traditional leaders as champions of conflict transformation and good governance is compromised by their involvement in politics, this motivates the people to challenge their legitimacy and the validity of their judgements, and as such this affects their leadership capabilities. The Newsday(2012) reported that the institution of the traditional leadership has come under spotlight following the governments intention to bestow greater powers on the traditional leaders , the argument here is that the age old concept of traditional leaders remaining mere custodians of cultural values and interceding with the ancestors has been turned head on as a ruling government seeks to enhance their political expediency though influencing traditional leaders, Kubatana(2012) supports this by quoting President Mugabes speech when he said chiefs should no longer remain repositories of oral history You should be guardians of our national sovereignty and guard against those who delight in associating with our detractors and those who work in cahoots with the powers that seek to mislead our people(Kubatana :2012) Mararike (2011) observes that although there is need to improve the role and operations of chiefs , greater caution should be taken to prevent abuse of any authority guaranteed , traditional leaders are unable to operate effectively because of the dualism of using the Roman Dutch Law as the basis of our legal system and the traditional system hence there could be serious problems unless the traditional system of government is clearly separated from the political party system whereby traditional leaders are separated in a non-partisan way Few traditional leaders have legal remaining to despise Morden forms of justice their judgement and authority can be easily contested and overlooked, the Chief Negomo vs. the Prime minister Tsvangirai issue is one such example of a situation where traditional leaders are oblivion to address community issues but go on to fight the politicians, however they end up with their decisions overlooked and their legitimacy questioned, Mararike (2011) further argues that the current crop of traditional leaders have no capacity , he argues that young ,educated and professional men should be appointed as chiefs otherwise the current crop would need support staff to dispense justice without biases among rural communities. 2.6 The Traditional Conflict Transformation approaches During the years of traditional leadership in Africa various conflicts caused by different issues attracted various approaches to their resolution. Most conflicts and their resolution methods at that time were predominantly local. Conflicts were between individuals, villages, communities or tribes who lived in the same or adjoining areas. Those who intervened were often local elders and /or tribal leaders. When kingdoms developed about the 17th and 18th century in southern Africa, stronger and wider authority came into power, but the traditional methods of instigating and resolving conflicts had gone through very small changes and are now gradually starting their process of decline. 2.6.1 Mediation Mediation is defined as an attempt to settle a dispute through an active participation of a third party(Mediator) who works to find points of agreement and make those in conflict agree on a fair result. The Harvard journal of Conflict Studies (Nov 2008) defines mediation as an act of reconciliation that is trying to unite and reach an agreement between conflicting parties. The chiefs and headman are respected as trustworthy mediators all over Africa, because of their accumulated experience and wisdom as they are usually of an elderly age. Their role as mediators would depend on traditions, circumstances and personalities, accordingly of their society. These roles include: pressurising or manipulating conflicting parties to reach an agreement, making recommendations, giving assessment, conveying suggestions on behalf of a party. Behaviour used is facilitation, through clarifying information, promoting clear communication, interpreting standpoints, summarising discussions, emphasising relevant norms or rules, envisaging the situation if agreement is not reached, or repeating of the agreement already attained. The mediators can also remain passive, as they are there to represent important shared values. There is no predetermined model, so they are entitled to change their roles fr

Friday, October 25, 2019

England :: essays research papers

England England is a country, and I'm glad I came from it. There are lots of fun things you can do, and a lot of famous sites you can visit. Even though it is far away it really isn't that different from the US. In England the style of clothing is not much different from here. In the summer they wear shorts and short sleeve shirts. In the winter they wear pants and long sleeve shirts. Their climate isn't much different than ours so that's why the style of close is so closely related. A typical Sunday dinner in England is roast beef "which there is called a joint," vegetables, and pie with hot custard sauce. A common snack is fish or french fries. Most people drink tea at most of their meals, but a strong deal of people drink coffee. There are lots of interesting facts about England. The capital of England is London, and the official language spoken in England is English. England has a national song which is "God Save the Queen." In 1986 an estimate of the population in England was 46,821,000. The highest point in England is Scafell Pike, 3,210 ft, and the lowest point in England is The Fens, sea level. In England there is a lot of sites to see, and one of the greatest would be the Tower of London. It is a great fortress, with not to pleasurable memories. In there Queen Elizabeth 1 and Sir Walter Raleigh were imprisoned. Anne Buleyn was killed there. You could take a tour deep below the castle to see the beautiful crown jewels. England is also famous for the Buckingham Palace. There is where the Queen of England lives. At the Buckingham Palace you can see a wonderful ceremony called the Changing of the Guard. In this ceremony men with red tunics

Wednesday, October 23, 2019

Admission Essay for entering University

I have always wanted to study music up to the highest education level possible for two reasons; one to use the education for life and secondly to live off the education.   Education for me is just more than attaining good grades. Education for me is an opportunity to develop into a well-rounded person, fully equipped to face the world and serve my community and humanity and eventually make the world a better place for future generations to live in.The Queen’s University has a unique culture which emphasizes on innovation, imagination and a culture of valuing of people. The Queen’s University has a well-equipped library which meets the research needs of students, fully computerized and equipped with state of the art equipment. This is very ideal for music students and is very crucial for me as a music student.Throughout my life, I have always desired to study music from a reputable University hence my desire to join Queen’s University which has unmatched standar ds in as far as music programs are concerned. My dream is to excel as a musical student and graduate as a well-rounded music professional able to deal with the challenges that constantly emerge in the field.Without this hands-on experience, skills and knowledge I cannot be able to make it, hence my resolve to join Queen’s University where I believe I will achieve my career and academic goals.   My dream to pursue music stems from an early age, partly from the encouragement from parents and secondly from my personal ambitions and career goals.   My ambition is grounded in the realization that I am a talented singer and a lover of music.I understand the importance of nurturing the talent and for me the best way to do it is by studying music at the University level. As early as when I was in grade seven, I had already learned how to play piano alongside other musical instruments.This led me to join the school choir where my talent was identified and nurtured by the music tea cher. To exploit my music potential, I enrolled in the school’s concert where I was an active member for a period of two years. My desire and interest has never stopped as I continue to nurture my music talent even up to date.This has led me to study music ever since then and I am now at A.R.C.T. level. For me, music is more than leisure; it is more than a path to a promising career.   Music is a means to express oneself in one of the mot effective ways. Music leads to special way of communication in that it connects the messenger and the audience.Music is the best avenue to solve some of the challenges the world is faced with, in regard to political tensions. Music can play a very positive role in conflict resolution in a world where it is dominated by violence and selfishness. Music cannot co-exist with violence; music can serve as a media of communication even between the worst of enemies. Music holds the key to peaceful co-existence.Conclusion  My interest in Queenâ⠂¬â„¢s University is informed by the fact that it will offer me with an empowering study environment. The University has well equipped music labs as well as great music professors. Queen’s University has a sizeable number of students which means that, admission at the University requires high qualifications making it a center for excellence. I really look forward to getting admission to the Queen’s University music program.Works cited pagewww.queensu.ca/fuculty staff/accessed on 25/02/2007

Tuesday, October 22, 2019

Essay on Business Law Review

Essay on Business Law Review Essay on Business Law Review Business Law Final Exam Review Remedy Remedies at Law vs. Remedies in Equity (specific performance, injunction, recession) Common Law courts were either courts of law or courts of equity Courts of law- were to empower only award wronged party’s money or other valuables compensation for their injuries or losses Courts of Equity_ to award any manner of non-monetary relief such as ordering a person to do something (Injunction-to perform or to stop doing something). NB- in most of the USA the Court of Law and Equity have merged, but the USA still recognizes legal remedies and equitable Remedies. -Remedy- the means given to a party to enforce a right or to compensate for another’s violation of a right. The Doctrine of Stare Decisis- The doctrine by which judges are obligated to follow precedents established within a particular Jurisdiction Precedent-judgment of a decision a judge renders in the past and a new judge takes the case must render the same decision the only time this isn’t the case is when new facts are brought forth through new technology ect Statue of limitation- how long u can take to bring forth a lawsuit. 3 branches of government- Legislative- Makes the Law Judicial- they enforce the law, Executive- is administrative , president. Difference between trial court and appellate court Trial court- Is the lowest court on the state level (plaintiff, defendant) Appellate- 2nd court after the trial court on the state level. (Appellant/petitioner, Appellee/Respondent) U.S. Supreme Court – it is the highest court of the land there are 9 Justice writ of certiorari- the Supreme Court request records from a lower court case for review but the rule of four must be in effect. Arbitration/Litigation/Mediation/Negotiation Litigation-the process of taking legal action. It includes arbitration, mediation and negotiation Negotiation-Two people coming together by themselves to come to an agreement. Mediation- there is an mediator or a 3rd party and the parties try to reach an agreement but that mediator do not reach a decision for those parties Arbitration-There is a 3rd party which help the party’s come to an unbinding decision meaning you cannot bring the case to any court. The decision which is reach is called an â€Å"Award† Pleadings – consist of the Summons & Complaint Summons- A document that sent to the defendant infoeming them that legal actions have been taking against them or a law suit have been filed, that the defendant have to appear in court at the a specific date. Complains- A pleading made by the plaintiff alleging the wrong doing on the party of the defendant, and it starts the lawsuits. Needs to state why the court has jurisdiction A brief summary of the facts necessary to show that the plaintiff is entitle to a remedy What remedy the court is seeking. Service of Process- need to give the defendant a copy of the complaint and summons to the defendant. You cannot serve it by mail you need to serve it in person. Counterclaim- a claim made by a defendant in a lawsuit. This counter claim comes with an answer to the plaintiff claim, and the reason they’re counter suing. Notice of appeal- filing an notice of appeal for a decision which was render, which wasn’t in your favor and u need to send a copy to the second party, and a couple to the court asking them to review the facts. Police powers- the state has policing powers. The states can regulate public, and private actives. However it can only regulate private actives only if it affects the well being of the public. Spending Powers- by a legislature to an administration (government) to spend public funds in accordance with an approved budget. Taxing Powers- Constitutionally-granted power of a government to impose and collect taxes, as the means of raising revenue within its jurisdiction. Interstate Commerce- Interstate is between states. Intrastate is within a state. Congress has the power to

Monday, October 21, 2019

Foundations of Behavior

Foundations of Behavior Introduction An understanding of the historical perspectives of psychology is useful in helping us to better appreciate the modern day psychology. The essay endeavors to examine three theories of psychology: behaviorism, cognitive, and humanistic. Further, the essay shall also provide an example that represents each one of these three perspectives. The similarities and differences that characterize the three perceptive of psychology shall also be addressed, along with how each one of them influences psychology today.Advertising We will write a custom research paper sample on Foundations of Behavior specifically for you for only $16.05 $11/page Learn More Behaviorism theory of psychology Such famous psychologists as B. F. Skinner and John B. Watson are strong advocates of behavioral psychology. The first half of the twentieth century saw behavioral theories heavily dominate the field of psychology (Baum, 2005). Behavioral techniques are nowadays being used mo re often for therapy. These modern techniques enable psychologists their o assist clients to comprehend the upcoming skills and behaviors better. Behaviorism may be regarded as more of a philosophy whose position is that in order to be regarded as a science, there is need for psychology to emphasize more on that which can be observed, that is, behaviors and the environment, as opposed to that which is only available at an individual level-images, thoughts, feelings, and perceptions (Plotnik, 2005). The latter are characterized by a certain level of immunity and subjectivity in as far as the issue of measurements is concerned and as such, they are less likely to result in an objective science. An example of the behaviorism theory of psychology is the classical conditioning developed by Ivan Pavlov, and which builds on reflexes. Classical conditioning usually begins with a reflex and an unconditioned stimulus. Once the unconditioned stimulus is relayed, the desired response is receive d since it relates the given unconditional stimulus with a reflex. Once this has been repeated a number of times, eventually, the actual response is elicited by the neutral stimulus. We then rename the neutral stimuli as the conditioned stimulus. On the other hand, we refer to the response as the conditioned response. Cognitive theory of psychology Cognitive theories endeavor to better explain the behavior of humans through a better understanding of their thought processes. In this case, the theories assume that as logical beings, humans are in a position to identify the most sensible choices. An example of the cognitive theory of psychology is the Piaget’s Theory of Cognitive Development. Jean Piaget is credited with having developed the Piaget Theory.Advertising Looking for research paper on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Although mainly referred to as the developmental stage theory, nonetheless , this theory is primarily involved with the nature of knowledge as well as the process of knowledge acquisition by humans, and its application. Through cognitive theories, psychologists are better able to study the different stimuli that motivate people. In addition, they are also able to study the problem solving ability of individuals their decision making processes, and processes of thinking. Humanistic theory of psychology The humanistic theories of psychology started to gain immense popularity in the 1950s. Prior to the 1950s, the prevailing theories in psychology stressed more on both the abnormal as well as psychological problems. On the other hand, the humanistic theories are more concerned with the basic goodness possessed by human begins. The humanistic theories were developed by such famous humanistic theorists as Abraham Maslow and Carl Rogers. The main focus of humanistic psychology was therefore on the potential of an individual. In addition, the theories also emphasi zed more on the issues of self-actualization and growth (Sun, 2008). The humanistic theorists held the fundamental belief that individuals are by nature innately good. When people are noted to swerve from this natural tendency, this is taken as a start of a social and mental problem. An example of the humanistic theory is the Maslow’s hierarchy of needs. This theory was developed by Abraham Maslow. In this theory, Maslow reveals how human beings place emphasizes on the immediate needs facing them and once these are fulfilled, they are no longer a priority and as such, attention shift to the next level of needs. This trend goes on in a hierarchical manner, until eventually an individual reaches the pinnacle of the hierarchy of needs: the self-actualization level of needs. The aforementioned theories impact on modern day psychology in various ways. For example, the humanistic theory influences the role played by an individual. In this situation, people receive more credit from humanistic psychology that assists them in determining and managing their mental health state (Schunk, 2008). In addition, humanistic psychology plays an important duty in influencing therapy, education, and healthcare. According to humanist theories, personal and mental growths are part of the natural conditions that humans experience in their lives. By and large, every individual harbors a desire to realize self actualization. To a majority of the psychologists, humanism is a way of life, as opposed to an actual science.Advertising We will write a custom research paper sample on Foundations of Behavior specifically for you for only $16.05 $11/page Learn More On the other hand, cognitive theories place more emphasis on mental processes in as far as the activities of memory perception, problem solving, language, and behaviors are concerned. Cognitive theories concentrate on cognitive methods such as thinking and judging. On the other hand, humanistic emphas izes on an individual’s subjective experiences. This is unlike the behaviorist theories that focus on the definitive factors that are responsible for the determination of behavior. Reference List Baum, W. M. (2005). Understanding behaviorism: Behavior, Culture and Evolution. Oxford: Blackwell. Plotnik, R. (2005). Introduction to Psychology. London: Thomson-Wadsworth Schunk, D. H. (2008). Learning Theories: An Educational Perspective. 5th Ed. New York: Pearson. Sun, R. (2008). The Cambridge Handbook of Computational Psychology. New York:Â  Cambridge University Press.

Sunday, October 20, 2019

Life and Art of Cindy Sherman, Feminist Photographer

Life and Art of Cindy Sherman, Feminist Photographer Cindy Sherman (born January 19, 1954) is an American photographer and filmmaker whose â€Å"Untitled Film Stills,† a series of photographs meant to evoke a still shot from a fictional movie, launched her to fame. Fast Facts: Cindy Sherman Occupation: Artist and photographerBorn: January 19, 1954 in Glen Ridge, New JerseyEducation: Buffalo State CollegeKnown For: Photographs exploring themes of feminism, image, subjugation, and superficialityKey Works:  Untitled Film Stills  series (1977-1980),  Centerfolds  series (1981) Sherman is well known for the insertion of her own image into her photographs, donning prosthetics, costume, and makeup to transform herself into the subject of her gaze. Often engaging themes of feminism, image, subjugation, and superficiality, Sherman continues to be sought after as a voice of critique in a media-based world. She is considered a member of the â€Å"Pictures Generation† of American artists, who came to prominence in the 1970s and 80s. Early Life and Family Cindy Sherman was born Cynthia Morris Sherman on January 19, 1954 in New Jersey. She grew up on Long Island and was the youngest of five children. Because the sibling closest to her age was nine years her senior, Sherman felt like an only child, sometimes forgotten in the midst of so many others in her family. Sherman has said that, as a result of her family dynamic, she sought attention in any way possible. From a very young age, Sherman donned alternate personas with the assistance of her extensive costume wardrome. She describes her mother as kind-hearted and â€Å"good,† though primarily concerned that her children make the right impression (something which tempted the young Sherman to rebel). She has described her father as mean-spirited and closed minded. Shermans family life was not happy, and when Sherman was 15 years old, her elder brother committed suicide. This trauma had repercussions for Sherman’s personal life, and she cites it as the reason she ended up in several long-term relationships she did not want to be in, believing she could help other men where she could not help her brother. She was married to the video artist Michel Auder for 17 years in the 1980s and 90s, a marriage which ended in divorce. Beginnings as an Artist Sherman studied art at Buffalo State College. After graduating, she moved to New York City with artist Robert Longo, who was a fellow art student and Buffalo State graduate. In the 1970s, New Yorks streets were gritty and sometimes unsafe. In response, Sherman developed attitudes and attires that acted as coping mechanisms for the discomforts she would meet on her way home- an extension of her childhood habit of dress-up. Though she found it upsetting and uncomfortable, Sherman ultimately saw New York as a place of reinvention. She began to show up to social occasions in costume, and eventually Longo convinced Sherman to begin photographing her characters. These were the beginnings from which the Untitled Stills were born, most of which were photographed in or around the apartment the two shared. In many ways, the rebellious spirit instilled in Sherman as a child never left her. For example, as her work was gaining popularity in the 1980s, the artist took a turn towards the grotesque, creating work that featured various bodily fluids spilled and smeared within the frame, as a way to challenge the art world’s perception of her as salable and appropriate to â€Å"hang above a dining room table.† In the 1990s, the National Endowment for the Arts withdrew its funding from â€Å"controversial† projects. As an act of protest against what she perceived to be a form of censorship, Sherman began to photograph outrageous portraits of genitals, using plastic hospital dummies and mannequins common to medical school classrooms. This type of subversion continues to define Sherman’s career. Untitled Film Stills Sherman works in series of photographs in which she builds off a theme that addresses a social issue. Her subjects have been wide-ranging as what it means to age as a woman, the subjugating effect of the male gaze on the female form, and the contorting effects of social media on self-image. Within each series, Sherman acts as the model, costumer, make-up artist, and set designer. The â€Å"Untitled Film Stills† (1977-1980) are arguably Sherman’s most famous works. These images, all in black and white, evoke key moments in Hollywood cinema. Though the â€Å"films† from which these photographs were taken do not exist, their appeal lies in the fact that they evoke moods played out ceaselessly in popular movies, thus causing the viewer to sense that he or she has seen the film before. Cindy Sherman, Untitled Film Still #17 (1978).   tate.org The tropes portrayed by Sherman include the young ingenue, dominated by the city, who gazes off in fear at an unknown person or object out of frame, and the outcast, standing among detritus and ruins, waiting for someone to arrive. Often, these images contain within them a threat and a feeling that nothing good can come of these situations. By inserting discomfort into images of women, Sherman asks the viewer to consider the subject and understand her vulnerability. Centerfolds and Later Work In the early 80s came the â€Å"Centerfolds,† a series of double-width images intended to mimic the typically seductive and alluring poses of models placed at the center of adult magazines. Sherman turned the concept of a centerfold on its head by using the format to depict women who had endured physical abuse. The images hold the viewer accountable for approaching the works as if they were designed to please- in Shermans words, they are a â€Å"thwarted expectation. Cindy Sherman, Untitled #92 (1981). Centerfolds series.   christies.org In 2017, Sherman made public her personal Instagram account, which serves as an extension of her practice. Sherman employs the tools of digital airbrushing- intended to falsely alter images of the human face to achieve the tool of flawlessness- and instead pushes these contortions to an extreme. Using applications intended to improve images, Sherman exaggerates features, thus drawing attention to the fine line between inhuman perfection (the type that only social media is capable of showing) and inhuman, almost alien-like alteration. In line with her popularity in the more traditional art world, Shermans account (cindysherman) has garnered hundreds of thousands of followers. Awards and Accolades Cindy Sherman is a widely honored artist. She has received both a MacArthur Genius Grant and a Guggenheim Fellowship. She is an honorary member of the Royal Academy, and has been represented in numerous biennials across the world. Sherman continues to be an important voice not only in contemporary art, but also in the media age. Her biting critique gets at the core of an issue and hyper-focuses on it through the poignant and intimate medium of portraiture. She lives in New York with her parrot, Frida, and is represented by Metro Pictures Gallery. Sources BBC (1994).  Nobodys Here But Me. [video] Available at: https://www.youtube.com/watch?vUXKNuWtXZ_U. (2012).Adams, T. (2016). Cindy Sherman: Why am I in these photos?.  The Guardian. [online] Available at: https://www.theguardian.com/artanddesign/2016/jul/03/cindy-sherman-interview-retrospective-motivation.Russeth, A. (2017). Facetime with Cindy Sherman.  W. [online] Available at: https://www.wmagazine.com/story/cindy-sherman-instagram-selfie.

Saturday, October 19, 2019

Question Answer Essay Example | Topics and Well Written Essays - 750 words

Question Answer - Essay Example Department of State, Office of the Historian, 1997; NSC Home). As diplomacy seemed to be failing, there was an increased need to coordinate the US defense bodies which include the Marine Corps, Air force, CIA, Navy, and the United States Army. The National Security Council was created with the President being the chairperson. Members included secretaries of state of state and defense. This council was established to coordinate foreign policy and defense policy and get ready in case of eruption of a war after its inception. As outlined in the 1947 Act, the role of the NSC was to advise the president on the integration of policies that had a direct or indirect relation to national security. This council was also mandated with the function of facilitating interagency cohesion and cooperation. Policies that were proposed in relation to national security had to pass through the council for consideration. The functioning of the council was altered by various occurrences such as the Korean War. The years that followed, though under different presidents did not see much change to the functioning of the National Security Council. The turning point came after the 9/11 attack. The attacks on 9/11 came as a shock to the security docket. They realized they have been missing a lot in terms of infrastructure. Communication was paralyzed and the rescue mission almost failed. However, the US security ought to have been ready after the 1998 attacks on its embassies in Kenya and Tanzania. This led to the reconstruction of the NSC and later in 2009, President Barack Obama merged the White House Staff supporting the HSC and the NSC into the National Security Staff (NSS) though each continued to exist with their previous statutes. The reconstruction of the NSC after the 9/11 attack focused on the war against terrorism which was the new threat to national security. This was intensified with the war in Afghanistan and the control of the terrorists’

Friday, October 18, 2019

Ethical Decision for business case Essay Example | Topics and Well Written Essays - 500 words

Ethical Decision for business case - Essay Example Whilst it is the case that there is a degree of religious freedom in China, all events must be at a state sanctioned religious venue and have the approval of the government. As Gao had no such approval from the government he was arrested and imprisoned for over a month. Upon his release, Gao returned to work however he only had a note from the Chinese police stating that they had held him for three days and had subsequently been released without trial. The quandary lies in the fact that the Chinese partner in the joint venture wanted Gao fired however it is the case that whilst Gao may have violated Chinese religious laws three provisions in the United Nations Universal Declaration of Human Rights indicate that everyone has a right to freedom of thought & religion, wither alone or in community with others. Moreover the charter also indicates that all people have the freedom of opinion & expression and that everyone has the right to peaceful assembly and association. As such moralisti cally, Gao was not in violation of any of the protocols as enforced by the Chinese government. The case is further complicated insofar as it is the case that if the American firm were to support Gao it is likely that they will loose a very close ally in the Chinese market and the principle of relationship management in China (Guanxi) is crucial to having a commercial success in the nation. A number of moral complications are presented in this case. Firstly there is the issue of maximizing shareholder value vs. the moral obligation the company has to protecting their employees. If theoretically, Chrysler were to refuse to fire Gao it is likely that they would loose millions of dollars in capital and ultimately may fail in the Chinese market. If Chrysler were to ally with their Chinese partners and fire Gao, it is likely that they would foster a harmonious relationship with the Chinese Communist party as well as their business partners however they would

Pain Management in a Polytrauma Patient Essay Example | Topics and Well Written Essays - 1750 words

Pain Management in a Polytrauma Patient - Essay Example Nociceptive pain comprises of two other classes: radicular and somatic pain. Radicular pain primarily stems from nerve roots irritation such as a disc herniation (PubMed). It follows the leg down to the nerve distribution from the root nerve at the spinal cord. In most scenarios, this class of pain associates with radiculopathy (numbness, weakness, loss of reflexes in nerve distribution). Somatic pain essentially affects the thigh and back. The problem with back pain is that polytrauma patients may not be in a position to provide appropriate history. However, doctors usually provide exact diagnosis in few cases even with appropriate information. Patients suffering from neuropathic pain display characteristics of complete or partial changes in the innervations territories that correspond to the central nervous or peripheral system pathology. Additionally, there is paradoxical occurrence of hypersensitivity and pain in denervated zones and their surroundings (Thomas 125). These nerve p roblems occur in different conditions and different locations of the nerve lesion. Consequently, there is no single mechanism entirely responsible for maintaining and generating all the signs and symptoms in neuropathic pain. Overall treatment of neuropathic pain remains a problem, though the increasing evidence of effective neuropathic pain treatment makes it important for clinicians to know the effective drugs in relieving pain as well as their side effects. Additionally, there is need for a treatment algorithm based on evidence for treating neuropathic conditions. A direct comparison of different drugs in both their side effects and efficacy will ideally lead to the best drug for the... Patients suffering from neuropathic pain display characteristics of complete or partial changes in the innervations territories that correspond to the central nervous or peripheral system pathology. Additionally, there is paradoxical occurrence of hypersensitivity and pain in denervated zones and their surroundings (Thomas 125). These nerve problems occur in different conditions and different locations of the nerve lesion. Consequently, there is no single mechanism entirely responsible for maintaining and generating all the signs and symptoms in neuropathic pain. Overall treatment of neuropathic pain remains a problem, though the increasing evidence of effective neuropathic pain treatment makes it important for clinicians to know the effective drugs in relieving pain as well as their side effects. Additionally, there is need for a treatment algorithm based on evidence for treating neuropathic conditions. A direct comparison of different drugs in both their side effects and efficacy w ill ideally lead to the best drug for the algorithm. However, the availability of such comparisons is limited. The other viable option is to estimate relative safety and efficacy using the number needed to harm (NNH) and the number needed to treat (NNT) approach. Past research and studies using this approach appraise four pharmacological drug classifications that prove important in the management of neuropathic pain: antidepressants, anticonvulsants, opioids, and NMDA antagonists (Medscape).

Contract Law Assignment Essay Example | Topics and Well Written Essays - 1250 words

Contract Law Assignment - Essay Example The above elements from are explained below. Offer and Acceptance. When one party proposes something to another, he is said to make an offer. If the party agrees to the proposal without any change in it, he is considered to have made the acceptance of that offer. Thus, when the offer is accepted in a mirror image condition, a contract is said to have been formed subject to other conditions. This mirror image rule is necessary to ensure that there is a consensus of the subject matter among the parties i.e meeting of the minds between them. In other words, the acceptor has understood clearly what the offeror has meant. This is an objective test in English law to determine existence of a contract. An offer is always confused with an invitation to treat. Advertisements and displays in shops are the examples. They are not offers but invitation to treat. An acceptance must be unqualified and correspond to what the offeror purports to convey. A qualified acceptance becomes an offer and it i s for the original offeree to accept or not, any change in the condition. If the qualified acceptance is accepted, the original offeror becomes the offeree and the qualified acceptor becomes the offeror. ... And not at the time of receipt of the letter by the offeror. If the letter is addressed incorrectly or posted improperly, postal rule will not apply. Contracts can also be concluded by fax and the Internet (Salzedo, Brunner and Ottley 2004). In Hyde v Wrench (1840) it was decided that a counter offer amounted to rejection of the original offer and therefore, subsequent acceptance of the original offer did not bind the offeree. In this case, the plaintiff made a counter offer of ? 950 against the offer of ? 1,000 by the defendant to sell his farm. On refusal of the counter offer, the plaintiff accepted the original offer of ? 1,000 which the defendant did not agree to. Therefore, the plaintiff brought a suit for specific performance. It depends on the wording of the offer and reply by the offeree. Sometimes the offeree may purport to make some enquiry in connection with the offer made including some counter price when time limit to accept the offer has not ended (Oughton and Davis, 20 00). In such cases, it cannot be taken as counter-offer or rejection of the offer as held in Stevenson, Jacques and Co v McLean (1880). In Carlil v Carbolic Smoke Ball Co (1893), the defendants advertised offering a reward to anyone who contracted influenza in spite of using their smoke ball meant to cure the disease. It was held that the advertisement was an open offer or unilateral to the whole world and hence, any one relying on the offer, bought the product was entitled to the reward if the product claim failed. The defendant’s contention that it was a mere invitation to treat was rejected. However, in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953), it was

Thursday, October 17, 2019

New Product Packaging Research Paper Example | Topics and Well Written Essays - 1000 words

New Product Packaging - Research Paper Example It is important to note that the consumers recognize the colors and other forms that trigger the visual stimuli in the cognitive mind (Johnson, 2012). Once this happens the as, a survival instinct works, and you engage the consumer by the attraction nature. We shall use pink, blue and print the letters in black for total engagement. Pink is a color that symbolizes nurturing and unconditional love, giving the car owner the sense of love to the car and matching it with the product. Blue symbolizes the brand loyalty and confidence in the product; this communicates the sense of friendliness and consumer importance to us. The black letters print will represent the strength and brand authority also makes it stand out from the others, the letters are printed in aerial fonts for easier reading.The cartoon must have a simple design on one side indicating the number of piles for piling together plus other information like temperature and keeping it up. On the opposite side, it contains the add ress and location of the company. The other two sides show the content inside the carton. The simple design on the carton is effective in communication and branding. The print on the carton is tailor made to connect with the product inside hence the use of graphic design on two sides.For the small runs, flexography printing methods will be suitable for our production. It allows printing of up to three colors this make it a viable option for a high-quality small runs tailor made cartons for packaging the car perfumes.

Comparing and Contrasting Ideas About Education Developed by Al Essay

Comparing and Contrasting Ideas About Education Developed by Al Ghazali and Seneca - Essay Example Al Ghazali learnt and developed his philosophical knowledge in terms of Islamism. At the same time, he was inspired by ancient Greek philosophers, such as Aristotle. He was focused on the spiritual dimension of education. He developed "Manners to Be Observed by Teachers and Students'" and was focused on promotion of purity of mind and knowledge as the final and the only one goal in life, because it leads to spirituality and closeness to God. His ideas may be interpreted in the following way: both teachers and students are the servants of God, only teachers stay on one step closer to God, then their students. Teacher’s role in education plays a function of mediation between the spiritual closeness of students to God and God. It is interesting to note that spiritual dimension is the right way to learning or knowledge gaining. It is impossible to reach nothing without it. A role of a student is described as a passive character, who is allowed only to a small portion of knowledge that is enough for his small mind. There is no need for superfluous knowledge. There is an evident subordinate relation between a student and a teacher. The former should show humility and modesty. Knowledge learning happens as a step-by-step process. There is a need to devote your mind to this process in order to gain the highest knowledge. Teacher is an individual with a pure mind, who is able to select the most appropriate portions of knowledge and teach it to his students. There is a need for him to be sincere with his students and to teach them clear things. At these last two points, we can claim that AI Ghazali ideas are relevant to modern teachers and students only partially. Anyone nowadays consider knowledge as a means to develop our minds. It is a means to get a better job and to gain much money, as a rule. Nevertheless, there is a need to promote tolerant and sincere relations between the students and the teacher, only it is necessary to underline a partnership nature of this kind of relations. It can be argued that philosopher underlines the necessity of life-long learning, because modern professionals have excellent skills in one or two fields. It is impossible to be professionals in many fields. It is better to devote one’s life to only one selected occupation. Unfortunately, the contemporaries do not consider the process of education as a way to enlightenment or a way to God. With respect to Seneca’s ideas about learning, we can claim at once that his approach is more up-to-date and interesting for the modern teachers and students. Seneca follows the principle of stoicism, which underline that good life is based on reason and harmony with nature. Therefore, wisdom and virtue are the final goals of education. Wisdom even not always correlated with education, as the philosopher claims. On the one hand, Seneca underlines that virtue comes from knowledge. We develop our minds in the process of learning and make it opener for new horizo ns. Every person should study and identify his virtue through knowledge. On the other hand, there is no need to learn the integrative elements of any science, such as syllables, curves or diagrams if there is a closed mind. A free man is able to cognize liberal sciences. They are developed for him. It is not