Humanities of Hamlet Essay

The humanities, like most academic disciplines, face questions of popular and public perception. The sciences, for instance, increasingly attract challenges, sometimes of dubious validity, from passionate advocates of so-called ‘deep ecology’ outside the academy, and from postmodern science studies within it. Educationists worldwide face growing discontent with the quality and character of public education. Anthropologists fend off endemic charges of political incorrectness while struggling with the possible demise of their discipline. The fine arts have become inured to occasional ugly public confrontations and persistent bland dismissal by majority opinion. The humanities, it seems, are not alone in feeling the need to clarify their relations with the public. Some of the needed elucidation is trivial, but deserving of wide public dissemination, debate and consideration: for instance, the vocational contribution of the humanities is often misunderstood. Other matters are more fundamental. They have to do with understanding the value of the humanities in relation to the cultural formation of human beings. In South Africa the humanities stand in particular need of winning broader public acceptance and support because they are repositioning themselves in what is in significant respects a new country. Internal scrutiny and revision need to be accompanied by renewal of public understanding, both with regard to potential recruits to the disciplines (students and their parents, for instance) and in terms of the value placed on the humanities by employers and decision-makers in society. Vocationalism Let us begin with the trivial. It is often said that the university is the natural home of those who seek answers to the big questions. Well, here are some big questions: The science graduate asks, ‘Why does it work? ’ The graduate in accounting asks, ‘How much will it cost? ’ The management graduate asks, ‘When can you have it ready? ’ The humanities graduate asks, ‘And will it be French fries or a jacket potato? ’ The apocryphal charge here is that the humanities are all very well, but they don’t put supper on the table. They don’t lead to satisfying and lucrative careers. This is a very common public perception, especially in South Africa where the newly enfranchised middle classes are keen to  consolidate their financial position, while those who anticipate the pressure of redress and affirmative action policies want blue-chip international career qualifications to protect them from policy-weighted competition. How valid is the perception? Confronting the issue in their own particular context, the Social Sciences and Humanities Research Council of Canada set out to demonstrate to society at large, and those who carry weight in the central economy in particular, that the humanities are in fact a good social investment. The Council commissioned a well-respected economist from the University of British Columbia, Robert Allen, to study the impact of investment in the Social Sciences and Humanities on the country’s economic viability in the global arena. He produced two reports (Allen 1998, 1999), and some of his key findings were as follows: Graduates in humanities and social sciences readily find jobs and generally earn high incomes (according to data obtained from Statistics Canada) The unemployment rate among university graduates in humanities and social sciences aged 25-29 is significantly lower (5.8%) than the unemployment rate among graduates of technical, vocational or career programs (findings based on 1991 census data) Most graduates in humanities and social sciences are employed in a professional or managerial capacity (50-80%). That is compared to 60% of counterparts with university degrees in commerce and 23-35% of individuals with technical or vocational diplomas Cost-benefit analysis shows the rate of return to society as follows: Education (10%) Social sciences (9%) Engineering (7. 9%) Humanities (7. 8%) Maths and the physical sciences (7.4%) All university programs analysed in the report in terms of their costs and benefits yield a social rate of return that exceeds the real interest rate in Canada today. These economic analyses were accompanied by other measures. For instance, in support of the findings, a meeting of 15 chancellors of universities in the province of Ontario issued a statement on the value of the Liberal Arts: The liberal arts and sciences must continue to be a seminal part of Ontario’s higher education. This is a practical idea as well as a philosophical one. A number of recent studies have clearly underlined that a well-rounded, general education – learning to think, to write and to express one’s ideas clearly – is as valuable to future employability as technical or technological training. (http://www. trainyourbrain. ca/english/supporters/chancellors. html) Perhaps carrying more weight in relevant quarters than the views of the chancellors (which might, of course, be interpreted by sceptics as merely selfserving conservatism), was an associated statement put out by 30 CEO’s of leading Canadian Hi-tech companies in which they affirmed, ‘We stand with the chancellors of Ontario’s universities. Their document urges: Yes, this country needs more technology graduates, as they fuel the digital economy. But it is impossible to operate an effective corporation in our new economy by employing technology graduates alone. We have an equally strong need for those with a broader background who can work in tandem with technical specialists, helping create and manage the corporate environment. A liberal arts and science education nurtures skills and talents increasingly valued by modern corporations. Our companies function in a state of constant flux. To prosper we need creative thinkers at all levels of the enterprise who are comfortable dealing with decisions in the bigger context. They must be able to communicate – to reason, create, write and peak – for shared purposes: For hiring, training, managing, marketing, and policy-making. In short, they provide leadership. (http://www. trainyourbrain. ca/english/tools/ceo. html) Clearly, these CEOs are no apologists for irrelevancy, ‘fuddyduddy-ism’ or aristocratic, leisure-class values. They are arguing in the best interests of their companies, as part of a concerted campaign to counter popular misperceptions concerning the value of the humanities to the Canadian economy. What about South Africa? This is no doubt heartening for advocates of the humanities; but that was Canada, this is South Africa. In the years immediately following our transition to democracy, Canada was ranked first in the United Nations’ Global Human Development Ratings: South Africa stood at ninety-third (Africa Institute 1996: 24). 1 Might there be grounds for comparison? Would similar findings emerge here? The late Jacob Bronowski, well-known for his contributions to the public understanding of science, put forward with admirable lucidity his view that the kind of society humanity seeks to create is identical with one which enables the work of science (and the arts) to proceed. He writes: As a set of discoveries and devices, science has mastered nature; but it has been able to do so only because its values, which derive from its method, have formed those who practise it into a living, stable and incorruptible society. Here is a community where everyone has been free to enter, to speak his mind, to be heard and contradicted – – The society of scientists is simple because it has a directing purpose: to explore the truth. Nevertheless, it has to solve the problem of every society, which is to find a compromise between man and men. It must encourage the single scientist to be independent, and the body of scientists to be tolerant. From these basic conditions, which form the prime values, there follows step by step a range of values: dissent, freedom of thought and speech, justice, honour, human dignity and self-respect. Our values since the Renaissance have evolved by just such steps. (74-75) Let us accept, for the sake of argument, Bronowski’s idealistic description of science and the community of scientists, and fully acknowledge the tremendous achievements of science, associated with the pursuit of these values. For all its omissions and exclusions, the kind of society portrayed by Bronowski is attractive both to those who adhere to creative exploration as a primary human motivation (mainly the well-to-do), as well as those for whom the increasingly widespread satisfaction of basic human needs is of primary importance. Yet can it plausibly be argued that the stable, ordered society science needs to make its optimal impact will result primarily from a concentration on science or, more mundanely, on maths, science and technology in general public education? Science (as opposed to scientists) has very little to say about how human life should be lived, even by implication. Secondly, the serious pursuit of scientific knowledge has always been a minority undertaking, and the delicious puritanism celebrated by Bronowski is undermined at every point by human nature. Truth-seeking is compromised by self-aggrandisement, lack of initiative, cultural dissonances, wayward appetites, untoward psychological complexities, sloth, factionalism, poverty, dogmatism and stupidity – all the regrettable variations that complicate (and embellish) human experience. Material progress alleviates some of these features and aggravates others, but in all societies, the true scientific proclivity is a minority interest, even among those equipped merely to make use of scientific findings, and who rely on them in their daily work and other interests. Bronowski has, in important respects, got it wrong. Science depends for its very survival upon the creation of a society which respects the values of science and permits them to thrive, and that can only be a society in which the values of the humanities have taken root, are constantly reviewed and renewed, and are shared by the overwhelming majority of the citizenry. It could plausibly be argued that this country needs the humanities even more than a society like Canada. Consider, as one example, the AIDS crisis in South Africa: the belated response to the situation, the culpable delays, the fatuous controversy over antiretrovirals and their provision to sufferers. Is this crisis the result of scientific failure? No, the science is there. The crisis has been the result of poor leadership, political obfuscation, power-plays, cultural regression, lack of social integration and poor, under-trained governmental bureaucracy. Similarly in the local government environment: it is not paucity of maths and science education that challenges programme delivery; it is the poverty of middle-order leadership, the inability to delegate effectively, the lack of initiative and capacity in ordinary civil and bureaucratic functions. The planning is often in place, but the general level of education and its social orientation is inadequate to make effective use of it. In addressing such shortcomings a key misapprehension is the assumption that because the country is desperately short of scientists and technologists, maths and science must be an absolute priority in our schooling system. This is to mistake the part for the whole. The fact is that many children – not only South African children – because of innate disposition, home background or poor education, are light-years from the possibility of attaining a marketable competence in maths or science2, yet they may be highly intelligent and suited to a great many useful, even exalted, functions in government and the economy. Given good teaching, they can learn to think well and searchingly about deep issues that plague contemporary society. It does not take profound mathematical understanding to read a balance sheet, or even to lead a large corporation. Statistical projections, financial control and scenario-planning are service functions, not necessarily leadership tasks. Yet the myth is steadily propagated that mathematical intelligence, more so even than scientific literacy, is what South Africa needs. This is a harmful distortion. Of course we need mathematicians and scientists, as many as we can produce, but unaided they will not be able to deliver the kind of society in which we all want to live. There are no scientific solutions to the problems of underdevelopment and civic education, only important ancillary contributions. Science functions optimally in a democratic, relatively stable and wealthy society. On its own, science is powerless to create such conditions. These conditions are attained and sustained, not through science, but in societies that are absorbing at depth the lessons of the humanities. People want to believe that because science and technology are integral to modern developing economies, such economies will develop if only sufficient emphasis is placed on maths and science in the education system. In fact, the sequence has to be reversed. The conditions of stable governance, effective bureaucracy, adequate infrastructural maintenance, basic skills development, and responsible social services are pre-conditions for the adequate functioning of a scientific and technological culture. Well-educated scientists obviously acquire and exercise their civic imaginations in support of such conditions, but it is more than likely that the products of an education system that marginalizes or travesties the humanities will fail both science and society. The upshot of this realization, if decision-makers could be persuaded to look it in the face, implies, not a down-grading of the emphasis on science and technology, but a much closer and more concerned look at what teachers in schools and universities are doing with the humanities. Successful socio-economic and cultural development requires a conscious balance between the sciences and humanities, and it is far from certain that humanities education in South Africa is sufficiently strong and healthy to carry its share of the burden. Here we come to the second challenge. Do humanities practitioners in South Africa have adequate answers to the questions society is implicitly (and sometimes explicitly) putting to us? Can scholars in the humanities explain their contribution to the public good? Vocationalism in the university Let us start by considering the humanities in the universities. This after all is where much of the understanding that gradually works its way through the schools and into society originates. One of the first things advocates of the humanities would need to make clear to interrogators is the character of a university education as distinct from a purely vocational one. It is not the existence or otherwise of a more or less direct linkage to specific career opportunities that determines whether or not such an education can be described as vocational, but the character of the education undergone. The distinction may be characterized as follows. A vocational education transmits a particular range of knowledge, ideally in its current, up-to-date state, in a mode designed to relate it most nearly to a context of application in society. So, accounting studies emphasize principles and best practice in relation to the legal and policy framework pertaining today, and the present state of the South African business and corporate environment. It is of course possible to teach accounting at different levels of complexity, finesse and specialization, but there is little incentive to move the subject away from its severely practical orientation. PhDs in accounting are rare. With management, the situation shifts slightly, in that a range of management theory will normally be explored, emanating from diverse situations, and whose applicability becomes very much a matter of contextual judgment. It is certainly possible to earn a PhD in management studies, but the subject matter is likely to edge towards issues that belong in the social sciences and humanities proper. The paradigmatic qualification in business studies is the MBA, a programme designed to develop cutting-edge managers and business leaders for different contexts, and among the entry requirements is typically a substantial period of practice. This stipulation is there to ensure adequate integration of theory and practice in the educational process. Law has the potential to move fully into the university paradigm, in that practical legal training can be (and, depending on the level of qualification, should be) supported by rigorous emersion in the history and philosophy of law. In fact, it would be difficult to conceive of adequate legal practice emerging from an academic culture divorced from the humanities. It should be apparent, then, that while many popular career options can be placed along a continuum running between the poles of the narrowly vocational and the so-called purely academic, it is always the degree of emphasis placed on the ‘other-than-vocational’ component that qualifies the programme for inclusion in the domain of true tertiary study. When we turn to the core disciplines comprising the humanities, the connection with a specific profession or career is weak or absent (unless transmission and extension of the discipline itself comes to be counted as such). True, there is often a loose affiliation between the humanities and vocations such as librarianship, teaching, advertising, writing and publishing, but the connection is not intrinsic or necessary. This fact in itself can be problematic, because students whose thinking is constrained by the vocational paradigm, whether through the influence of parents or other social  pressures, will tend to define the value of a humanities degree solely in terms of particular vocational outcomes. ‘Text’ versus ‘language’ If then, humanities undergraduates are not preparing directly for a vocational career, what are they doing? And why aren’t they preparing directly for a career? I want to answer, first, in terms similar to those proposed by Michael Oakeshott (1967: 308-312). The paradigmatic distinction is that between knowing a text and learning a language. A university discipline expresses a particular mode of enquiry, one ‘language’ in the array of languages that makes up the intellectual capital of humanity. Each particular language of enquiry is embodied in a vast array of performances in these languages – good, bad and indifferent – performances that we might call ‘texts’. Vocational education exhausts itself in knowing particular texts, and these texts are chosen because they are current and relevant in the world of practice and application. Learn the text, become expert in it, and you’ve attained the end of vocational education. Once you leave the educational institution – let’s hope it doesn’t call itself a university – you may lack experience (though, as has been indicated, many vocational programmes strive to incorporate work experience so as to minimise this gap), but you are, or should be, ready to perform the text or texts you have learned, this time in the workplace arena. Because of the rapidity of social change, your text, or range of texts, will soon become redundant, out-of-date, and then you must learn additional texts. You trained in servicing VWs, now you must learn Renaults. You learned to programme Fortran and Basic, now you must master C++ and XML. You studied Management by Objectives, now you must re-shape your style to fit transnational corporate policy. You will gain broader experience, you will always be learning, but what you will be learning is text after text after text – and thoroughly necessary and rewarding the experience may well prove to be. The point of higher education from the outset is to learn the language. In higher education, texts are studied not simply for their own sake, but for what we can learn from this study about the mode of enquiry of which they are a good example. In other words, texts are treated as emblematic of some aspects of the language, and we choose the particular texts we study as part of a higher education because they are in a proper state to yield insight into the language they exemplify (Oakeshott: 314). Our object of study is not only the text but the language, and, usually at graduate level, we go on to reach towards a language of languages, which we might call philosophy. The ‘swerve’ from higher education The distinction between ‘text’ and ‘language’ on which I am harping, is rather mysterious and fascinating. Consider this. In order to appreciate, say, Hamlet, I must know the language. In order to know the language, I must read Hamlet. The apparent circularity is embarrassing, and the sort of thing that tends to compromise the humanities in the eyes of the uninitiated. M. A. K. Halliday explores the distinction between text and language – and it is fundamental to the mission of the humanities in general no less than Halliday’s particular discipline of linguistics – by means of an illuminating analogy: – – – the analogy whereby language is to text as climate is to weather is useful to think with. It reminds us that these are not two different things, or rather what we call ‘climate’ and what we call ‘weather’ are the same phenomenon seen from different angles, or different moments of time, and so it is with language and text – – – much misunderstanding has been caused by counterposing these two terms, with language and text being treated as if they were different orders of reality. He goes on to point out a significant limitation to the analogy: Like all analogies, it’s very partial. It’s an abstract tool for thinking with, not a strict proportion, because semiotic systems are not like physical systems. In particular, an instance of a semiotic system carries value; instances of physical systems do not. Of course you may prefer one kind of weather to another, but that’s got no relevance whatever to the status of an instance of that weather in relation to climate: it’s just something to be observed and measured like any element. But a text has its own value, not necessarily, in fact, probably not usually, fixed and determinate – – – And the relation of the discourse value to the underlying system is in fact highly complex. I refer to this as the ‘Hamlet factor’. (Halliday 2001, transcr. Kilpert) A good teacher of the humanities must know the language the text under discussion instantiates, and must be able to move the student from reading ‘text’ to exploring ‘language’, to reveal the distinctiveness of text in relation to the homologies and contrasts available in the language. Some texts disturb, redefine, modify the language in which they are formed. They have a perennially evolving afterlife. In the broad historical perspective of cultural ‘climate’ they remain instances of ‘weather’ that are of intrinsic and perennial interest. This is what Halliday means by the ‘Hamlet factor’. Indeed, not altogether coincidentally, to the best of my knowledge, Hamlet is the only literary work to have a fully-fledged academic journal devoted to its study. 3 Ignorance of the distinction between text and language, and all that it implies, is symptomatic of the kind of confusion that influences well-intentioned but ignorant tertiary institutions to swerve from true higher education towards reductive vocationalism disguised as higher education. What can philosophy do that society values? Aha! – ‘critical thinking’. Right, let’s forget about philosophy and teach critical thinking. What useful outcome can we expect from the literature student? Aha! – ‘communication skills’. Right, let’s forget literature and teach communication skills. And so the reduction goes on, relentlessly impoverishing the tertiary environment, the individual student and society, in the name of relevance, vocationalism, contextualised learning, public accountability (in the shallowest of senses) and all the other misnomers that disguise a lack of educational understanding. Why we still need the humanities today Each of us is born into a relatively narrow life-world. This is as true for those fortunate few who enter upon the human scene embraced by sheltered luxury as it is for the many who expend their years in poverty, far from the seats of wealth, power or influence. Moreover, the character of the world as it impinges on the individual is changing rapidly, everywhere. (This statement is probably valid even for those who strive most to avoid the world, such as those who spend their time in religious retreat. ) What this suggests is that ordinary means of social transmission, where values, attitudes and judgments are passed from generation to generation within the family, or from mentor to ‘apprentice’ in society, are no longer adequate or may prove so only in the most exceptional of cases. These processes may still be necessary, indeed fundamental, to individual human development, but they cannot be sufficient. Rapid technological change and the shifts in values that result, increasing mobility, population growth, the communications and information revolutions, the differential impact of social change on pre-established world views – in fact all the cliches of the globalizing world – add up to an uncertain field of potential experience for the individual. The resources of the family, even in optimal or exceptional circumstances, are insufficient to interpret, let alone adequately to evaluate, this complexity, especially since it is increasingly likely that the individual’s activities and proclivities will shift to arenas and predicaments beyond the experience of the senior generations. This is where the educational potential of the humanities becomes such a powerful resource. By exposing students to detailed study of particular artifacts – works of literature, examples of fine art, philosophical systems, political  prescriptions, musical compositions, social theories – we avail them of the opportunity to form and test their own judgments, to challenge received opinion, to argue positions within a community of informed discussion and debate, to think and re-think their views in the company of major artists and diagnosticians, each of whom has put their work forward for exactly this purpose, namely, to help shape and re-shape human beings. The power of critical thought, trained and developed in this manner, is central to the formation of a creative democratic citizenry anticipated, for example, in South Africa’s White Paper of 1997. 4 As a society, we need the formal space of the humanities in which to engage with a full range of estimates concerning human potential, past and future. In the course of such studies students will also, no doubt, learn to think clearly and write well, but this is incidental. The mission of the humanities is to mould human identity and purpose in relation to changing times and circumstances. No other field of enquiry, not science, not sociology, not established religion, can meet this imperative need quite as well. Some will claim never to have felt such a need, or to have abandoned it for ‘the real world’ after fleeting initiation at school or university. For these, the humanities are so much frippery, a merely decorative intellectual surplus, or shallow entertainment which ignores the imperatives of the way the economic world works. Such people intend to stick to the ‘text’ they inherit, and perform it unthinkingly to their own best advantage. The abject misery of thousands, though it seems melodramatic to say so, comes to rest on the shoulders of those who have reached this conclusion. The founding impulse of the humanities To counter such views from a fons et origo, we might go back to a period before the Romans, before Plato even, to the founding moment of the humanities. It is commonplace to acknowledge, as do scientists and everyone other than proponents of ethno-science, that science arose once only on planet earth, among the ancient Greeks (Wolpert 25). 5 It is less commonly acknowledged that the western humanities, too, rose at a particular moment among the Greeks, though in all probability similar moments passed unrecorded in other cultures. The originary impulse is expressed (or invented) during Socrates’ famous discourse in the Apology, as recorded and fictionalized by Plato: If I tell you that this is the greatest good for a human being, to engage every day in arguments about virtue and the other things you have heard me talk about, examining both myself and others, and if I tell you that the unexamined life is not worth living for a human being, you will be even less likely to believe what I am saying. But that’s the way it is, gentlemen, as I claim, though it’s not easy to convince you of it. (Apology 38a, trans.Nussbaum 1) ‘The unexamined life is not worth living for a human being’ (emphasis mine): ‘that’s the way it is. ’ This is the bald standpoint of the humanities expressed in a nutshell, and it is not the easiest position to justify to defenders of the status quo, either inside or outside the academy. Let’s look at some of the issues. Why was Socrates on trial for his life? He was teaching that the young ought to devote time and intelligence to finding satisfactory arguments to justify their beliefs, rather than simply following those of their parents and the civic authorities. Not even the gods were to be exempt from rational enquiry. Aristophanes, in his comedy The Clouds, viewed Socrates as dangerously subversive of orthodox education, which he took to be a process whereby the young are indoctrinated in the traditions and values of their culture, as is the case in traditional societies everywhere. In other words, for Aristophanes education meant learning the text of your society. Not so with Socrates. He wanted people to study the language of humanity, though he recognized that this was no easy matter. We are back to the relation between ‘text’ and ‘language’? Socrates held that by systematically questioning text, probing it from all possible perspectives, exploring alternatives, we may by degrees arrive at the language, or at least important elements of it. It is important to stress, ‘from all possible perspectives,’ because Socrates was also an early advocate of truly democratic learning. He was willing to engage in philosophical discussion with anyone and everyone, in the hope that they might know more than he did, or contribute something uniquely valuable. Plato, by contrast, wanted to restrict radical questioning to an elite who, through philosophical investigation, would gain access to timeless truths, enabling its members to rule justly over the masses. Here we have the origin of the tension between the humanities as a source of elite leadership – the Platonism of government and corporate management – and the humanities as a democratic investigation of human meaning and value. 6 Socrates was utterly serious in his claim for intensive rational enquiry as essential to discovering a true mode of living, the good life. The unexamined life is fit only for something less than a human being. Those who unthinkingly follow tradition, who defend and reproduce text uncritically, are trapped in what Wittgenstein might call a ‘form of life’ (241). Plato likened it to living imprisoned in a cave, pursuing a troglodyte existence ruled by convention and fear of the unknown (Republic Book 7). It is interesting to speculate that the tame Platonic ‘puppet show’ may have primitive origins in the image of early humans huddled in solidarity round a fire, the cave walls patterned by flickering shadows, their shapes shifting and unaccountable, while outside lie unknowable dangers, not to be faced in the dark, and largely indecipherable within the cave despite the artificial fire-light. It is a potent representation of fear. Those venturing forth on the intellectual scramble to seek the source of the shadows (to find truth) must be prepared to risk themselves on two counts: first in view of what they might find outside, and second on account of what their fellow humans might do to hold them to the text that currently governs behavior in the cave. Those leaving the enchanted circle may not return. Those remaining have to learn to tolerate the courageous quest of those who ‘go beyond,’ and to deal with the emotional disturbance and communal risk involved. We know what happened to Socrates. We worry that today’s South African society, focused wholly on instrumental programmes directed to immediate ends, will not have the courage, vision or knowledge to support the quest.

Discuss the Political, Social, and Economic Impact of the Civil War on the US

The total number of military causalities on both sides exceeded 1 million. More men died in the Civil War than in all other American wars combined until Vietnam. However, the Civil War impacted the United States well beyond just deaths. The Civil war brought fundamental alterations in the life of the nation, changing the economy, the political landscape, as well as ways of life. Economically, wartime measures had introduced new federal involvement in both he banking and transportation systems.The National Bank Acts of 1863, 1864, and 1865 helped to create a uniform currency in the nation. It also forced many major state institutions to join the national system. This gave the federal government even greater control over the economy of the nation. This also allowed for the government to assist in the establishment of businesses. There was also rapid and mass industrialization that took place in both the North and South. Such was needed in order to supply all the products needed to surv ive as well as fight this modern war.This brought about the Second Industrial Revolution. Much money was invested into public transportation, especially the railroads, in order to allow for easier and swifter transportation and communication. The government had also exercised its power to support manufacturing and business interests via means of tariffs, loans, and subsides. With the support from the government, there came a rise of capitalists. The extremely rich elites invested their money in a business and in turn created even larger profits. The War also, for the first time, brought economic unity to the US.The South joined the market system, abandoning their former semi-subsistence economy. Industrialization and large economic enterprises clearly had arrived to stay. Politically, important changes had accompanied the maintenance of the national unity. Under Republican leadership, the federal government had expanded its power not only to preserve the Union but also to extend its freedom. Through the ratification of the Thirteenth Amendment to the Constitution, freedom was given to all slaver. However, this did not grant them any rights nor did it grant them equality in any form.The executive offense definitely expanded its power, exercising martial law as well as suspending habeas corpus during the war. Constitutionally, this war shut the door on secession for it was determined as unconstitutional. Nullification also no longer existed, showing that federal law was supreme. State government must yield to the federal government. The only way to change a law that a state legislature disagrees with is by bringing it before the Supreme Court. Other than this, the state was not allowed to decide on the constitutionality a federal law.The federal government also extended its reach into the economic realm by implementing the National Banking Acts which gave it more power in the economy. Life during and after the Civil War shifted drastically. Life the south has dr amatically altered. Greater awareness of class inequality came about as there were unfair draft laws. The Civil War in the south was truly the rich man’s war, but the poor man’s battle. Many of the ordinary folks sacrificed necessities, while the rich only had to give up their luxuries at most.The south soon also realized that the semi-subsistence culture would not work if they wanted to become independent or fight this modern war against the North. So, the South had to turn to industrialization. Along with the North, industrialization occurred rapidly. This devalued human labor, causing wages to plummet. Along with massive inflations, the gap between the rich and the poor in society grew larger and larger. Despite emancipation, blacks were guaranteed nothing more than freedom. This left a population of poor blacks who were left to fend for themselves.Slavery disappeared, but racism still ran strong. In fact, racism probably ran stronger than ever before. The war also expanded the role of women in society. In the absence of men, women had to step up to fill the spots that were left open. This allowed for women to gain even greater freedom and economic power. War had come and gone, changing many things in its path. Wartime actions taken by the government of the United States spurred on the economy, changed the political arena, and also altered America’s society forever.

Phase 2 Individual Project Essay

There are many businesses that have expanded their business internationally in order to benefit in some sort of way rather it revenue or a better market for their product. In this thesis, I will research a multination company and its international strategy over the last 10 years. I will elaborate on it international orientation and rather it etho-, poly-, or geocentric. I than explain why the company decided on expanding to the chosen locations. Then I will clarify if they had core capability to succeed in those markets, along with its opportunities and constraints. Last, I will define value chain dispersal and integration strategy and describe the strategy that’s organized around it. I chose to research McDonalds, because it is one of the most successful restaurant chains around the world. They use effective management to strategize global expansion. . They develop effective customer brand loyalty through their Human Resource Department and company personnel. McDonald’s international orientation has ethnocentric and polycentric approaches. Its ethnocentric approach begins with how they initially entered international markets by leveraging standardized product offerings, clean and bright environments, and American brand equity (McDonald’s Success Strategy and Global Expansion through Customer and Brand Loyalty). But with changing times McDonalds have adapted to local regions remodeling it retail space and while changing product line to appeal to local taste. By the golden arch being connected to American culture, it can be at risk in other countries by not staying true to what McDonald’s stand for. By brushing aside ethnocentric considerations , it could be an identity lost. The polycentric approach is how they provided growth and employment to a vast  number of minority groups in the United States and people around the globe. McDonalds is culturally connected around the world be providing business training for employees in Hong Kong and in the UK offering 1800 to employees to continue their education, just to name a few. The influence and most of McDonald’s success is the investment of significant in their employee’s growth and job satisfaction. McDonalds was founded in 1943, and 1967 British Colombia was its first international expansion, advertising to middle and upper class. McDonalds decided to expand internationally, due to the enormous success in America. There was heavy research involved in the expansion. Through globalization and internationalization, McDonalds were able to develop marketing strategies according to cultural needs, to serve specific target markets. McDonalds enter India’s foreign market and 1996 and is a to ugh foreign market to enter, but with McDonald’s success they were able to earn high revenue in India. The success strategy is researching and the development of food. McDonalds thoroughly analyzed the preferred taste, especially to not offend locals. Their key to success is to â€Å"think global, act local.† Furthermore, McDonald’s is a true franchise success; the success of McDonald’s goes back to its roots, the start. By being consistent and providing quality service, cleanliness, and values at all times, customers have nothing to complain about and customers always know what to expect locally and internationally. With making things new and fresh, innovation is a key component to the success internationally. By taking the necessary steps and observing differences in cultures, they were able to tweak their products without causing disruption. Also, McDonalds turns bad into success, by being in the forefront of environmental issues McDonalds took their issues and established their own Global Environmental committee and outlined the steps to reduce solid waste. Ov er the years there has been much global health concern, mainly in relation to children. In response to the concerns, McDonald’s formed the Global Advisory Council (GAC) in 2004. The GAC is an international team of independent experts assembled by McDonald’s to provide us with professional guidance in the areas of nutrition and children’s well-being (The Success of McDonald’s Franchise). Finally, what is value chain dispersal and integration strategy? Value chain dispersal is how a business receives information and takes the information to add value to their business in the selling of their product to customers.  Value chains can produce goods or services. The goal of the business to produces maximum value for the least total cost. Integration strategy is use in the training of management and employees, reduce in-effective communication, and reduce cost. The international strategy that is organized around value chain dispersal and integration strategy involving McDonald’s, is that they know their strengths and weaknesses. Adding values strengthens the corporations as a global economy, where the weaknesses are transformed into a positive factor. These projects take effective management. Effective in management in turn can produce great employees, in which they can effectively communicate and execute the mission and statement. In conclusion, it was very informing to research a franchise success, such as McDonald’s. What is even more intriguing is their success locally and internationally and how they cater to different cultures, by researching needs and wants. McDonald’s knows what takes to be a huge success is and success takes brain-storming, along with talent. Reference McDonald’s Success Strategy And Global Expansion Through Customer And Brand Loyalty. The Clute Institute Journal Of Business Case Studies, 3. Retrieved from http://journals.cluteonline.com/index.php/JBCS/article/view/4857/4949 McDonald’s International Strategy: Squander Brand Equity? (2009). Retrieved from http://www.sundarganapathy.com/blog/2009/04/20/mcdonalds-international-strategy-squander-brand-equity/ Roger, Arvind, Kashlak, Rabi, Bhagat, & Phatak (2009). International Management: Managing in a Diverse and Dynamic Global Environment (2nd ed.). [Course Smart Solutions]. Retrieved from http://wow.coursesmart.com/9780077674113/?CSTenantKey=coloradotech&spid= The Success of McDonald’s Franchise. (n.d.). Retrieved from http://www.franchisedirect.com/information/trendsfacts/thesuccessofmcdonalds/8/1111/#note4

Tariffs and Free Trade Essay Example | Topics and Well Written Essays - 2000 words

Tariffs and Free Trade - Essay Example Tariffs we can say have generally fallen in the post World War 11 period as the industrialized world has moved to desirably free trade between organizations. Tariffs do not cost too much to the economy. World Bank estimates that if all these tariffs were removed, the global economy would increase by 830 billion dollars by 2015. The economic effects of tariffs are on those countries, which are either imposing tariffs, or tariffs are being imposed on them. Foreign tariffs on a country increase the cost of domestic producers, which causes them to sell less in those foreign countries. According to Robert Longley. (2002). He states in his article US Nails Tariff on Canadian Lumber the American tariffs have cost the Canadian Lumber producers around 1.5 billion Canadian dollars. This has resulted in the reduction in production and cut down of jobs as the demand of product goes down. This all impacts other industries and overall impact the economy of the nation. The country who is imposing tariffs is also affected as the cost of it outweighs the benefits. Tariffs are bad for domestic producers as it causes reduction in competition, allows prices to rise due to reduction in competition, the sales may rise too as the competition is low. The demand may increase due to which more workers need to be recruited. Consumer spending may increase too. Hence the tariffs also increase government revenues that can be used to the benefit of the economy. There are also costs to tariffs. When the country, which is imposed with tariffs, brings the foreign products in, the overall cost of that product rises. With high prices people are less willing to buy that product. Now here the foreign country sees a decline in the demand of its products. the domestic producers of the foreign country decrease their production which overall affects the economy of that foreign country. When a foreign country imposes tariffs it forget that the same country would also impose tariffs on their export of products. Therefore we can say that tariffs overall harms both the concerned countries. In the year 2000 President Bush raised tariffs on imported steel goods between 8 and 30 percent. The Mackinac Center for Public Policy cites a study which indicates that the tariff will reduce U.S. national income by between 0.5 to 1.4 billion dollars. The study estimates that less than 10,000 jobs in the steel industry will be saved by the measure at a cost of over $400,000 per job saved. For every job saved by this measure, 8 will be lost. All the studies up till now very well prove that tariffs harm the economies more than benefiting them so the question that arises is why do countries impose tariffs Well the logic is that if one thing is harmful to A then it is somehow beneficial to B. Even though A would be affected largely than B's benefits, but this is how the economics go. When the tariffs imposed are calculated in terms of individuals within a country, the amounts are very low. Nobody would want to fight over such a meager amount. But those individuals who are at a loss and even if they would fight over their loss, they would be

Decline of the Qing dynasty Essay Example | Topics and Well Written Essays - 750 words - 1

Decline of the Qing dynasty - Essay Example First theory is concerned with China ¡Ã‚ ¦s internal problems, including corruption, poverty and abuse of powers of the ruling class.† (34) But another sect of the historians argues that even though the Qing Dynasty was wearing out due to the heavy internal troubles, the western influences were at the center of these internal adversaries. Indeed the western influences were not the military interferences and threats to the dynasty in its concrete sense. Rather the western industrial revolution, rapid urbanization, growing individualism and the rapid changes and reorganizations of the socio-economic fields, as again Stanley says, â€Å"The theory supported by the Western World is that imperialism and introduction of western ideas in China ultimately caused the disintegration of Qing† (). Fairly in the early twentieth century Chinn’s socioeconomic and political cultures began to be influenced by the European Industrial Revolution. The pro-western influence school o f historians purports that even if there were no internal conflicts, the Qing Dynasty would have to respond to the demand of the age. But though the Dynasty took initiative to adapt itself with the new trend of the age by the â€Å"Hundred Days’ Reform† and â€Å"Late Qing Reform† in the late 19th Century and early 20th century, it was too late to recover from the loss of Opium War. The pro-western influence school of historians purports that even if there were no internal conflicts.

Child care Essay Example | Topics and Well Written Essays - 500 words - 1

Child care - Essay Example The Australian governments has taken several measures such as child care benefit determination 2000, GST free supply determination 2002, family assistance determination 2003, to ensure that children receive best attention and to improve child care facilities. Child care centers provide services throughout standard hours, weekends, overnight, school holidays, before and after school working hours etc. For working parents, it is a safe place to entrust their children to the care of the qualified child care workers. Generally, they follow a policy of strict confidentiality and do not reveal any information related to children and parents to outsiders. When the children are enrolled, an agreement is signed between parents and the childcare centers. First of all, the child care centre agrees to provide a secure, homely environment to all children. There won’t be any discrimination between children based on caste, religion, color, and financial status. Moreover, they provide a conducive atmosphere for the mental and physical development of children. They also promise to inculcate good qualities in the child through moral education. In return for all these services, the parents agree to provide a certain amount as fees. There is an effec tive mechanism in place in order to deal with complaints from the parents as well as the children. All the grievances of parents and children are immediately looked into and according to the specific nature of the complaints, actions are recommended. As the child care centers have several qualified trained personnel, they can bring up children in a secure, family focused environment. The children in child care centre learn through play and examination. Sometimes, unqualified child worker may look after children in a child care centre, child’s home, or at carer’s home. They also work in hospitals, women’s shelters and some

Harmonization and Financial Reporting Coursework

Harmonization and Financial Reporting - Coursework Example That seemed far from a sure thing last spring, w. hen the Financial Accounting Standards Board (FASB) solicited comments on the AICPA's new "comprehensive "model f business reporting" and so endowed it with a faint whiff f reality. The timing seemed right. At the Securities and Exchange Commission (SEC), commissioner Steven M.H. Wallman was already lending tacit support to the concept by publishing articles and hosting conferences on his own ideas for an expanded system that would include improved disclosure f intangible assets. Meanwhile, SEC chairman Arthur Levitt had just successfully lobbied the Financial Accounting Foundation (FAF) to give one f the seats held by the Financial Executives Institute (FEI) to a public-sector trustee. The FAF oversees FASB, f course, and what small voice preparers had in directing the views f FASB was further diminished. Finally, many preparers had concluded that FASB, as demonstrated by the onslaught f new standards it had issued in recent years, w as hardly worried about complaints that financial executives were overburdened. And yet, like a baseball team that has just captured a wild-card ticket to the playoffs, the preparer community appears to have enjoyed a turn f luck. After reviewing the AICPA's arguments for a new reporting model and listening to comments from users and preparers f financial statements, both in written and oral testimony, FASB chairman Dennis Beresford has concluded that, for now anyway, it's just too much. "While it is dangerous to generalize about such letters and meetings," Beresford says, "my feeling is that most f our constituents aren't interested in wholesale changes to our current financial reporting system." And FASB, it seems, is not interested in tackling any major overhaul f the status quo. "My prediction," says Beresford, "is that FASB is going to be quite cautious about expanding its role beyond traditional financial statement matters." The Complicating Factors FASB has good reasons for tabling the issue. For one thing, Beresford's second five-year term expires in June, and many observers think the Board will be reluctant to take on any major new projects until a new chairman is installed. In addition, FASB's current agenda is jam-packed with such projects as derivatives disclosure, segment reporting, and comprehensive income. While FASB agreed to review the future f financial reporting as part f its first strategic plan, adopted last April, so far it has been reluctant to for-realize the creation f a new financial reporting model as a working project. And whatever decision is made about the future f reporting has to be made with an eye toward possible U.S. acceptance f new international accounting standards--which isn't expected for at least several more years. All in all, this is not what the AICPA had in mind when its Special Committee on Financial Reporting, chaired by Edmund Jenkins, issued its voluminous report a little over two years ago. The committee said then that current financial statements were no longer providing users with the information they needed to make smart credit and investment decisions, and were

The importance of corporate responsibility communication, strategies Research Paper

The importance of corporate responsibility communication, strategies for communication - Research Paper Example Introduction Over the years, corporate responsibility (CR) has gained increasing attention from practitioners and scholars alike. The programs intended to demonstrate corporate responsibility have led to significant findings, such as the belief that commitment towards CR activities and communication can improve the perceptions of various stakeholders. Thus, lack of social responsibility may lead to the weakening of stakeholder relationships. CR efforts that are characterized by global themes as well as execution tactics have emerged in the marketplace. Communication of CR in Europe and non-Western countries has reportedly becoming similar to activities in the United States with which reporting and communication are frequently articulated. This suggests that CR efforts, which proactively plan and implement programs that integrate social value with business activities and address problems perceived as part of an organization’s social responsibility, have considerably improved. T herefore, the current trends and evidence highly support the communication of CR activities and programs. Corporate Responsibility: An Overview Primarily, the social responsibility of organizations is to produce goods and services that are socially desirable (Becker-Olsen, Taylor, Hill, and Yalcinkaya. 2010). Furthermore, these companies have the social responsibility of adhering to ethical and legal standards that are viewed by the society as appropriate. This has been presented through a more comprehensive definition that described corporate citizenship as the extent to which firms take on the legal, ethical, economic, and discretionary responsibilities that their stakeholders oblige them to assume. One of the most noteworthy aspects of CR’s definition is the relevance attached to discretionary responsibilities that express the desire of the society to see companies become actively involved in the development and betterment of communities and perform beyond the expected sta ndards. Through previous studies, a number of CR practices have been identified that were categorized as moral or ethical practices, discretionary practices, and relational practices. Diversity, community support, employee support, involvement with the environment, and product manufacturing were considered. Fair treatment of employees, taking into consideration the rights of employees from foreign countries, fair competition with others, responsible actions toward the environment, and exemplifying of truth are all considered as moral or ethical practices in relation to corporate responsibility. Meanwhile, under discretionary practices, a number of procedures have been identified as well, such as the contribution of resources to increase social awareness regarding current issues, support for issues on family and children, support for public health programs, and contribution of cultural programs for the community. Finally, relational practices involve the attempts for establishing lon g-term relationships with consumers as well as the willingness to consider the views and constructive criticisms of stakeholders regarding business practices (Shum and Yam, 2010). The business benefits of corporate responsibility have been comprehensively examined and results have indicated that CR can generate moral capital among workers

Term Papers in the Educational System Essay Example | Topics and Well Written Essays - 750 words

Term Papers in the Educational System - Essay Example However, the term papers posted on the Internet have played significant roles such as helping students to advance their research writing skills since most of these term papers are done by professional experts. These papers also encourage faculties to modify term paper subjects instead of providing students with similar work now and then. Although term papers are helpful, citing or acknowledging the work done by someone else is ethically acceptable because academic dishonesty is high in most academic environments. There is nothing unethical about the service in general provided by term paper online sites. This is because these sites have also provided many of the unemployed professors the means of living. From the utilitarian ethical perspective theory of John Stuart Mill, the basic principle is that the action, which offers the greatest amount of good over bad or evil are ethically or morally right (Shafer-Landau, 2007). For instance, in case one tells a lie to protect the life of so meone from danger, this would be considered as a good ethical choice under the utilitarian ethical theory. ... however, it is not the action that generates the greatest goodwill in a certain situation but rather than action, which generates the greatest goodwill in a society. However, going back to the example of a lie and saving lives, it is vital, to tell the truth, because the truth is less harmful than the lie in the long run. Additional, there is nothing unethical with term papers services provided online because these papers are posted to help student accomplish their research effectively and also help faculties to modify their term papers rather than providing repeated term papers every time. It can only be unethical in case students can use these term papers without acknowledging the work of other authors or fail to cite since this can automatically lead to plagiarism. Plagiarism is one of the greatest offences and it is one of the greatest academic dishonesty; thus it can contribute to cancellation or discontinuing of a student from the university. From the ethical principle of the r ight approach by Emanuel Kant, Kant argued that individuals have the right to make their own choices. These choices would be the right to truth, privacy and right not to be injured (Arthur, 2000). Therefore, students have the right to provide academic honest work and term paper providers also have the right to protect their privacy since everyone’s action can impact one another; thus those actions will be viewed as unethical. On the other hand, term papers posted on the Internet are ethically wrong because they expose or attempt students to academic dishonest because many students do not have a time of completing term papers, so they will copy from this online term paper sites. Aristotle and Plato proposed an ethical approach to the common good by arguing that people should act according to the common good which benefits the society.     Ã‚  

Taking a Stand Essay Example | Topics and Well Written Essays - 500 words

Taking a Stand - Essay Example This is subsequently presented to masses by professionals rather than academics while focusing on the economic effects (Minogue). Minogue named this new specie as the for-profit universities and educational institutes. However, the practice of for-profit education was first criticized by Plato and Aristotle in ancient Greece. Fee-based education was actually an idea presented by Sophists who were immigrant professional teachers in Athens. They started offering higher education services in return of some fees. Researchers argue that three prominent Sophists including Hippias, Protagoras and Isocrates had a clear idea about competition. Since their approach was significantly innovative therefore they faced immense criticism from Plato and his student Aristotle. Both of them argued that such educational activities which are based upon earning profit and commercialization will have negative impact on the Greek society (Stabile). Plato in particular was against the for-profit education because he believed that there is absolutely no connection between truth and profit, money and education. Moreover, Plato viewed profit based teachings as predicted on an extreme pride regarding what represents knowledge. Plato also argued that for-profit education gives rise to false class divisions depending upon the odd stru ctures which have value but no truth (Bartlett). Aristotle focused more towards the liberal education which actually reflects the basic conditions and assumptions of the Athenian society. Here, liberal was used in two different meanings. Firstly, education should not be aimed at generating profits neither it should be expressed in form of end-utility. Secondly, liberal education means a balance between moral and intellectual excellence (Yu). He rejected the idea of fee-based education in the same way as his teacher Plato did. Contrary to this, Sophists used to charge fees for

International Business Country Analysis - South Korea Essay

International Business Country Analysis - South Korea - Essay Example After the Korean War (1950-1953), South Korea rose from devastation to become one of the world’s largest economies in the 1990s. South Korea occupies the southern half of the Korea Peninsula, which extends about 1,000 km (about 620 mi) southward from northeastern China. The total area of South Korea is 99,268 sq km (38,328 sq mi), including about 3,000 islands. South Korea is a mountainous country. Lowlands, located primarily in the west and southeast, constitute only 30 percent of the total land area. South Korea can be divided into three general regions: an eastern region of high mountain ranges and narrow coastal plains; a western region of broad coastal plains, river basins, and rolling hills; and a southern region, where a maze of mountains and valleys in the west contrasts with the broad basin of the Nakdong River in the southeast. Historically, Korea was strongly influenced by Chinese culture and acted as a conduit of culture from China to Japan. Koreans adapted many Chinese art forms with innovation and skill, creating distinctively Korean forms. For many centuries, metalwork, sculpture, painting, and ceramics flourished throughout the Korea Peninsula. Buddhism provided one of the most significant sources for artistic expression. Confucianism, also prominent, emphasized the importance of literature and calligraphy, as well as portrait and landscape painting. Koreans began to incorporate Western forms after Korea opened itself to the Western world in the late 1800s. During the period of Japanese colonial rule (1910-1945), indigenous traditions were strongly discouraged. Since then, however, Koreans have made a concerted effort to keep their cultural traditions alive. Koreans possess a deep appreciation for their cultural heritage. The government encourages the traditional arts, as well as modern forms, through funding and education programs as well as sponsorship of a national

Car Accident Essay Example for Free

Car Accident Essay Peter is nice man and a hard worker, but he is careless about his wife and family, his wife Carteria take care all the housework, he has been two month did not go home , he was on a business trip, when he arrived at home, Carteria is not at home , he look at his watch , it is already seven pm, Carteria should be at home with diner really. He makes a phone call to his wife, but no one pick up. He grap a buttle of water sit on sofa turn on the TV wait his wife to come home. he is tired from the work. Eventually he fall in sleep on sofa. When he wake up it already ten am at morning and he realize Carteria has not come home. He start to worry about her, keep calling her but no one pick up the phone. It was never happen befor, he try to find any number relate to Carteria,except her number he can not find anything, all the number are about his work, what is happen to her, he start nerves. He never care about her like that. He just tell himself she is going to be ok, she may just hang out with some friend, and forget about time, because Peter is not with her all the time, maybe she just feel longly sometime. All he has to do just be patience wait. He decide to sit on sofa to release his nerves, at same time he turn on the TV, he peer at photo just on the TV stander, he never know there is a photo. The picture is he and Carteria with lovely smile on the park. A news attract his attention, it is a car accident happen on a few block a way from his home yesterday. â€Å"Oh no no no, not her† Peter say . â€Å"A 42 years old man die in the accident† he shut off the TV and say â€Å"thanks god it is not happen her† he feels so release, he take out photo album and look at it. It remind his good memory with Carteria. He has been long time did not go out with his wife. Now he think about when she come back, he going to have a trip with her. Suddenly the door is open Carteria come back, Peter stand up from sofa and walk to the door, look at her with a happy face, he wants to say happy to see you again, but he does not finish what he say, because Carteria s face looks so sad something bad happen to her and the face can tell she has been cry, the tear still on her eyes. Then Peter just say â€Å"Hi what is happen to you† he does not answer it. She just take off her shoes, â€Å"where have you been ? † Peter say, she does not even look at him and walk straight to the room lock the door. Peter can hear Carteria is crying so hard in the room. Peter has no idear what is going on. He knock the door â€Å"what is happen to you† Peter ask, she does not answer it. Peter sits beside the door, wait when she gets better come out and ask her what happen about her. How long has she cry, peter can not remember Carterian come out ,she still does not talk to peter. She gets in to the car, peter sit beside her. Carteria drive the car. Finally they arrived at a funeral, â€Å"whom funeral is that† say peter. The most of member are his family and friends. When they walk close, Peter shock by the funeral. That is his own funeral, his name on the tombstone. Carteria cry again. Flash back Peter suddenly remember the car accident happen a few blocks a way from his home. It is he on his way go home hit by a car, and Carteria spend all night with him. He does not know she love him so much, but right now he has no chance to love her back.

International Construction Contracts and Dispute Resolution

International Construction Contracts and Dispute Resolution Discuss the distinction between the role of the Engineer as an agent of the Employer and the Engineer as independent of the Employer. Discuss also whether the distinction is useful, and whether and where (and why) it might be abandoned or retained. In addition, consider and list the provisions in the FIDIC Conditions (Red Book) (1999 ed.) whereby the Engineer performs functions as: Agent of the Employer; and/or Independently of the Employer   The employer in a project is not an expert in the field of construction. The employer is one who only knows business thus, he needs someone with expert knowledge in the field to help him implement his project successfully. It is at this juncture the engineer comes into the scene who has the expert knowledge and helps the employer implement his project. He is employed by the employer and works for the employer in many different roles. As Dr Donald Charrett list out a series of thirteen roles that the engineer has to play, we can see that the engineers role comes into play much before the construction starts. Here it is the role that he plays after the contractor is appointed and the construction starts, we will see the multiplicity and conflict in his role as an engineer. The role that will be at focus in the essay, in broad terms is his role as an agent of the employer and as a decision maker. The essay will try to differentiate and discuss the roles in which the Engineer acts as an agent of the employer and roles where he acts independently from the employer. We will do this by looking out first as to how the concept of todays Engineer as an agent of the employer had developed and then discuss the different FIDIC condition that define and differentiate the role of the engineer. In the next part the discussion will focus on the independence of the engineer and will define the roles where the employer acts as an agent of the employer and where he is independent of the employer. I will deal with the provision of FICID not as a separate part, rather will list and discuss it with the first part of the question. At this stage I find it pertinent to first discuss who the engineer is according to FIDIC. The definition of an engineer can be found in sub clause 1.1.2.4 of red and yellow book: Engineer means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4. This doesnt explain what the engineer job or role is as it has been dealt with by FICID under different sub-clauses under clause three. In a nut shell the Engineer is a individual whose role can be said to the project manager where he has to implement different aspect of the contract. In sub-clause 1.1.2.6 of red and yellow book the engineer is stated to be an employers personal. Sub-clause 1.1.2.6 stated: Employers personnel means the engineers, the assistant referred to in sub-clause 3.2 and all other staffs, labour and other employees of the engineer and of the employer; and any other personnel notified to the contractor, by the employer or the engineer, as the employers personnel. Looking at both the definition clause it becomes clear that the engineer is one who is appointed by the employer and is considered as employer personnel. One thing that come out clear from the definition clause is that the Engineer is always an employee of the Employer. The gives rise to the question, if the engineer can be independent at any circumstance though the contract or at the least be fair and impartial. The Engineer has multiple role to play which are related to the contract and some of his role as the Engineer starts much before the contractor is appointed. The Engineer was brought into the picture by the employer much before the contractor is appointed. The Engineer is brought in at the initiation stage as he is required to multiple works like assessing the design, advising on the contractor to the employer and sometime vet the projects viability to third party financer. With so many roles relating to the employer, can the engineer be expected to be independent. Historically it depended on the term of a contract to decide if the engineer was independent of the employer or not. In Ranger v Great Western Railway Co[1]the court by interpreting the contract found that the engineer was never independent and his decision were therefore the decision of the company. Whereas in in In re De Morgan, Snell Co. and Rio De Janeiro Flour Milling Co.[2], the chief engineer and the resident engineer were found to be independent from the employer. The basis was that where the engineer had autocratic control over the work and had the power to issue final and binding decision, was considered to be independent from both the contracting parties.[3] The courts saw this authority as a conflict of interest hence, applied very strict standard to the way engineers executed his authority and power.[4] This resulted in a change in The way the Engineer was related to the employer. The way the Engineer was related to the employer moved to a more modern form of the relationship we see today, where the Engineer mostly stands as an agent of the employer. The authority, duty and obligation ware still derived from a contract and this resulted in courts taking a stricter stance on the role of an engineer.   The courts have always imposed stricter and higher standard on the functioning of The Engineer. In cases where the contract engineer was the agent of the employer, the parties to the contract enter into the contract stating that the engineer has to undertake number of duties for the implementation of the project. Courts have mostly held that the engineer in case of absence of any words to the contrary in the contract is expected to act fairly in case of his role as a decision maker. Mc Farlan J in the case of Perini corporation v Commonwealth of Australia[5] had stated that, during the performance of all the duties under the contract the engineer will remain an employee of the government(Employer). Even during the discharge of his duty as a decision maker he continues to be the employee of the government, but he is still expected to act fairly and justly with skills towards both parties to the contract. In the modern form, we see that the engineer became an agent of the employer in his different roles under the contract, but he was still expected to act as an independent person should work, who must be fair, impartial and honest towards both the parties when acting in his role as a decision-maker under the traditional system. But the industry moved on from the independent form of the Engineer and the system of impartial Engineer as a decision-maker was adopted. The concept of an impartial engineer was incorporated in the modern form of contractual provision for construction contracts (FIDIC). 3.1 Fidic On The Role Of An Engineer The engineer under the old FIDIC red book was expected to act impartially. As was stated under sub-clause 2.6: (d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor, he shall exercise such discretion impartially within the. The incorporation and requirement of the impartiality of the Engineer was because of the realisation of the fact that there will always be a doubt on the impartiality. The presence of the doubt is because of the presence of conflict of interest as the Engineer is now the agent of the employer. Then over a period of time it was realised that the expectation of impartiality cannot be also confirmed. So there was again a change occurred from the requirement of being impartial to being fair. According to Ola Ø. Nisja the concept of fairness developed through case law in the common-law system as the engineer was expected to be a person with professional ethics and you can expect from him to be a fair decision maker. Ola Ø. Nisja   also states that the concept of a fair decision maker was not in common practice till the FIDIC form included it in their standard form of contract. Hence in the 1999 edition of FIDIC red book and yellow book the concept has been replaced with the concept of fairness with word fairly under clause 3.5 and the concept of impartiality wasdone away with. The reason being there will always be doubt on the impartiality of the engineer and that can be easily removed from the contract by words that can negate the expectation of impartiality. The thought has been made apparent by Lord Hoffmann in Balfour Beatty Civil Engineering Ltd v Docklands Light Railway[6] where he has stated that, the architect is the agent of the employer, so he is a professional man but can hardly be considered to be independent. He speaks of the architect who is appointed in the role of The Engineer, where you can still expect an individual to be fair if not independent or impartial. Intellectually speaking the concept of being fair is inherent to the nature of a decision maker that is expected in a common law system and it is easier to expect the engineer to be fair than being impartial. Even when the contract doesnt impose any obligation in any way, the engineer is still expected to act in a, honest, fair and reasonable manner when under taking the role of a decision-maker. The above observation comes from Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd only where there was no appointed engineer for the project and the employer itself through its own employee took up the duty of decision maker, he was still expected to be fair, honest and reasonable[7].   Other than the implied duty of acting impartially there is ex pressed duty under the code of ethic to act impartially also. Of the many issues that challenge the impartiality of the engineer one that, the engineer has to make a decision regarding to his own work. In such position there cannot be an expectation for impartiality at all. Of the many roles that Dr Donald Charrett list most of them have been infused into new role of an engineer in the modern time where he is the agent of an employer. As an agent, the duty of the engineer is to successfully implement the project which is surrounded around the condition that he has to work in the best interest of his employer. But as a decision maker he takes relief from his role as an agent of the employer and is expected to act as a neutral decision maker between the employer and contract and fairly decide the dispute. The clear differentiation of the engineers role can also be seen in standard form of contracts and specifically FIDIC. The role of an engineer is dealt in different sub-clause of clause three of both the FIDIC red and yellow book. Condition 3.1 deals with the duty and authority of an engineer and condition 3.1 (a) of both the red and yellow book state: Expect as otherwise stated in these condition:       Whenever carrying out duties or exercising authority, specified in or implied by the contract, the engineer shall be deemed to act for the employer; This makes it pretty clear that the employer is expected to act an agent of the employer in relation to any of the act he is required to do under the contract. And condition 3.5 of red and yellow book state deal with the role of an engineer as a decision maker, where it states that: If agreement is not achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances. It is clear from the wording of the FIDIC form of standard contract the engineer is in a position to represent the Employer in all matter, however he also has the obligation to discharge his contract obligation as a decision maker in a fair manner. Hence, of the many roles, an engineer plays, it is here as a decision maker, the engineer is expected to be fair and evenhanded when he is deciding the dispute. So, what we get in general is a person who is throughout the contract phase an agent but when required he has to act in the capacity of a decision maker and be neutral and fair. The sub-clause provides that he has to act fairly and even if the clause in struck out, under common law contracts there is an implied condition that the engineer still has to act fairly. Although the impartiality has been replaced with the concept of fairness, some author make it clear that the contractor should never assume that the engineer belongs to the employer but rather he should assume that the engineer acts independently and impartially according to his professional standards. The concept of an engineer is not discussed in the civil law system hence, may French courts have been seen struck down any clause which gave power to the engineer to decide a dispute. The problem here is that the role on an engineer and he operates is a common law developed concept which has been best explained by Mc Farlan J in Perini corporation v Commonwealth of Australia[8] . the essence of such a relationship where the engineer acts in dual capacity is that the parties have voluntarily agreed so in the contract. The parties have agreed that they will accept and bind themselves on matter that he is required to decide The engineers duty to act fairly is an obligation that is understood to arise from the term of contract. FIDIC condition is a standard form of contract and when adopted for any project makes it a valid form of contract and clause 3.5 makes its legally binding clause and if the engineers dont act fairly then it becomes a breach of contract. In a contract, it is the duty of the parties to follow the contract and act in good faith towards the fulfilment of the contract. Hence, the duty is somehow on the employer to see to it that the engineer acts fairly to honour the clause of the contract when acting as a decision maker as the Engineer is an employer personal according to the definition. The engineer is a person who may not be himself involved in the dispute but definitely has interest in the dispute. One he is deciding upon a dispute that is there because of a decision he took earlier relating to a work and second, he is deciding something which is going to affect both the parties, and he is related to one of the parties. Then the contract expects the Engineer to not only protect the employers interest, he will also be protecting his interests as his decision is related to one of his work only. While the Engineer takes over the role of the engineer he is still employed by the employer and his salary being paid by the employer so, when the engineer is acting as a decision maker he is getting paid by the employer only for that role too. In view the impeding nature of lack of independence in the role of an Engineer that the FIDIC books have two safe-guards when he is acting as a decision maker: to decide fairly and in accordance to the contract. Then again, to promote fairness the FIDIC book also prohibits the Employer from replacing the engineer with anyone against whom the contract raises any reasonable objection.[9] HHJ Jackson state the legal situation of an engineer in the best possible way in Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [10] The terms of the contract according to which the engineer has to work determine the role and duty of the decision maker There cannot be an expectation that he decision maker is in anyway independent from the employer. But while acting as a decision maker the decision maker is expected to act in an independent, impartial, fair and honest manner. He should act using his professional skill to reach the right decision and should not indulge in any favourism towards his employer. The last point is of interest here where it states that he is expected to act in a manner which is independent from the employer. It gives the notion that the decision maker is never truly independent from his employer, but he is expected to shed that relation while acting as a decision maker. This makes it clear that a decision by the engineer can only be challenged in cases where there is a doubt of impartiality or lack of fairness. Hence, it must be remembered that doubt on the independence of the Engineer can be no more a ground for challenging the decision. However, the Engineer is expected to be fair and neutral, so any possibility or even the doubt of the presence of bias by the Engineer towards the Employers Interest in the decisions and determination of contractual disputes, provides the contractor with the opportunity and the avenue to appeal against the decision of the engineer. After going through the relevant provision of FIDIC, case laws and works of different field expert we can say that in the modern system of construction contract the concept of an independent contractor is not present any more. All the while the engineer is only expected to act independently but there is no actual individuality that is independent of the employer. As I have earlier stated the engineer is always paid a salary by the employer, even when he is acting as a decision maker so there cannot any presumption of independence. The FIDIC condition also moved on to the concept of a fair determination as impartiality can be in question and cant be always expected. The reason being there would always be doubt because the Engineer never stops being the agent of the Employer or as the FICID states Employers Personnel. According to Charles C MacDonald, the Engineer is one individual who lacks the necessary requirement of independence to make important decision, as he is appointed by the employer.[11] Even Redfurn and Hunter in their book agree that the engineer who is appointed by the employer will lack the necessary independence to make important decision.[12] As we take stock all that has been discussed till now all we can say in laymans language, the engineer is never independent but it is his duty to act in an independent manner.[13]   At the end, we can conclude that there is no real distinction between the role of the Engineer where he acts as the agent of the employer and a role which he takes up, that is independent from the employer. No provision in the FIDIC form of contract also differentiate between the role rather the provision make it clear that he remains as agent all the while till the contract is in place. There are safeguards to ensure impartiality and fair decision making but still role like the one of decision maker should not be in anyway related or inclined to any party.   This results in the lack of independence in the decision-making process as the trust in the engineer being fair is also lost. This has in the recent years has only resulted in using the Engineer as a decision maker only a procedural requirement as his decision is just a prerequisite to go for a DAB decision or arbitration. The present form has its advantages as it helps in resolving disputes quickly and is serving its purpose in most of the cases but also has in its own disadvantages. The engineers fairness will always remain a matter of question and doubt. There is no requirement to completely overhaul the present system, there is just a need to reduce the disadvantages. As recommended by Ola Ø. Nisja, one engineer can be appointed as the agent of the employer for all the roles presented by the contract, except the one of decision maker and when a dispute arises, a new engineer who is not part of the project be brought in to decide on the matter The concept of an independent Engineer in practice was lost long ago as we moved to the present form. An Engineer independent of the Employer is a myth.   However, as we saw, even as an agent of the employer the engineer has to act fairly while acting as a decision maker and giving determinations. It will always be a challenge to the role of an engineer but he has to overcome this shortcoming has to show real professionalism. [1] (1854) 5 HLC 72; 10 ER 824 [2] Hudsons Building Contracts (4th ed) Vol II 185 [3] Ibid, p 215 [4] ibid [5] Perini Corporation v Commonwealth of Australia [1969] 2 NSWLR 530. [6] Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd (1996) 78 BLR 42 [7] ibid [8] Perini (n 5). [9] Sub-clause 3.4 FIDIC Red book (1st ed) 1999 FIDIC Yellow Book (1st ed) 1999 [10] Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [2006] EWHC 89 (TCC) [11] Charles C MacDonald, Allocation of Risk in Major Infrastructure Projects-Why do we get it so Wrong? ([2001] ICLR 345), [12] ibid [13] Scheldebouw (n 10)

Factors for Political Participation

Factors for Political Participation The term political participation has a very broad meaning. It is not only related to Right to Vote but simultaneously relates to participation in: decision making process, political activism, political consciousness. Women in socialist democratic countries have higher proportion of representation in their federal parliament than women in Canada because In Canada there is less population as compare to socialist democratic countries. Moreover, females are least interested in parliament. In democratic Female politicians are more likely to concentrate on problems that matter more to women such as daycare, gender equality, reproductive rights, elderly care and childrens welfare.Women turnout during Indias 2014 parliamentary general elections was 65.63%, compared to 67.09% turnout for men. India ranks 20th from the bottom in terms of representation of women in Parliament. Not only has these women politicians taken an interest in various policy issues. But it also had been shown that they a lso govern differently. In Sweden 45 per cent seats are occupied by women in parliament. So far as the administration is concerned, there are only 592 women IAS officers out of 4,671 officers(Puja mondal). The demand for special concessions and privileges along with the reservation of posts and other civic institutions are a few steps towards women empowerment in India Assemblies and parliament. Lyn Kathleen shows that American female politician have very different leadership styles from men. In her study Not only do women politicians take an interest in different policy issues, but it has also been shown that they also govern differently. Since the modern notion of human rights originated in a western women in Islamic countries in particular, find themselves in a quandary when they initiate, or participate in, a discussion on human rights whether in the west or in Muslim societies. Indian women have a distinction to become UNO Secretary (Vijay laxmi Pandit), Prime Minister (Indira Gandhi), Chief Minister (Sucheta Kriplani, Jayalalitha, Uma Bharati, Mayawati and Vasundhara Raje) and even President (Pratibha Patil). Furthermore, the limited empowerment that we have seen has been nurtured within the socio-economic-political empowerment process of people, including women, through the Panchayat system (Bagchi 2002) Structural: Structural barriers include the level of socio-economic development in a society and the percentage of women in professional and managerial activities. There is a direct link between the social and economic status of women in society and their participation in political institutions and elected bodies. Socio-economic obstacles include poverty and unemployment, lack of adequate financial resources, illiteracy and limited access to education, choice of professions and the dual burden of family and a full-time job. Women take on a disproportionate share of household tasks which makes a political career almost impossible. Moreover, household tasks, taking care of the children and elderly are not always considered as actual work. Institutional structures: Because of their multi-level hierarchy and complex decision-making help to preserve barriers in such a way that proposals regarding any aspects of gender equality often do not reach the top decision-making level. In Slovakia, the electoral system is based on proportional representation on candidates lists, which means that women have (theoretically) a better chance to be elected. The position of women on the candidates lists is then crucial for their eligibility: the higher a woman is seeded on the list, the bigger chance she has to be elected. In the 2002 elections, the share of female candidates seeded in the top half of candidates lists was 20.9% and the share in the top quarter was 17.9 %.( Alexandra 2002). Many women and men do not think that introducing quotas is a good idea. Men argue that it would be humiliating for women to introduce a quota system because our clever women can succeed themselves, and it would be against the basic human rights and equality of all. Women are skeptical mainly because of the experience with quotas from the socialist past, and because they believe that the society is not yet prepared to accept quotas. Education: Education is the best way to understand the inequality. With the help of education they have better job opportunity and serve better their community. Because women have less access to education than men, their professional advancement and chance to enter institutions involved in corporate politics at an operative level are reduced. Some societies and parents see their role in giving a full quality education to women as a privilege that can be withdrawn. The impact of illiteracy on the exercising of ones political rights has been the main method to reduce it. Women do not enter nontraditional occupations; instead women enter nurturing or tertiary occupations which inhibit political life and the growth of self confidence. There is a mindset on the part of many men and women that a role in politics is unsuitable for a woman. Poverty: Poverty is also one of the major hindrances for women to be involved in politics, namely, the disproportionate effect of poverty on women. Because of womens care giving responsibilities they often work part-time, which has a lifelong effect on womens income and women who do work full-time still earn less than men Whereas men who enter into politics tend to come from law and business and earning better. In addition, many women are discouraged by a lack of resources to finance their electoral campaign or undertake serious initiatives. Often poverty also prevents women from taking the time for political involvement. Christy Clark BC MLA(2001) asked by several Journalists to explain how she could do her job properly as provincial minister of education while simultaneously raising a new born child Type of democracy is also important. References: http://www.yourarticlelibrary.com https://www.equalvoice.ca Bashevkin, Sylvia (2009), Introduction, in Bashevkin, Sylvia, Women, Power, Politics: The Hidden Story of Canadas Unfinished Democracy, Oxford University Press, p. 15, Bagchi, A.K.(2000), sangskriti, samaj,o Arthanity (in Bengali: culture, society, and economics), Calcutta. United Nations Childrens Fund, The State of the Worlds Children 2004: Girls education and development, UNICEF, New York, 2003.

US Public Lands Essay -- US territory, US Forest service, government

U.S. Public Lands are a vital part of our nation and what is stands for, but you rarely hear anything about of these lands or the creation of their units anywhere other than a bleak mention in a high school American history class where they briefly mention their conception or if you seek it out in college. The federal government owns just about 30% of all public lands in the United States, (Bureau of Land Management Lecture), which equates to almost 650 million acres, of land of all different types and terrains. The U.S. Public Lands system is divided into five major units, all owned by the federal government, all with different goals and all ran by different legislation but all still dealing with the same things: nature and the environment. When first learning about the existence of these five major units, I asked myself, why aren’t these all under the same branches, just as many other sectors of life in America. Or if anything why isn’t it up to the individual sta tes to decide how they want their land looked after? I quickly realized was that they weren’t all created as one because each different unit has it’s owns mission’s, legislations to abide by and it’s own practices and that by owning so much land federally, the United States is able to hold more control over the individual states. Although I don’t think that it will be effortless and uncomplicated, I do think that the land owned by the federal government should be devolved back to the individual states so they can customize their care for the environment that is specifically catered to their specific terrain’s needs. I believe the best alternative is for the United States to give back the federal land to the individual states, and then the individual states consol... ... are now barely breaking even, even with tourism. The only really profitable aspects are the oil, gas and mining companies, which reside on federal land but those are poorly managed and do more bad than good for the environment and all people living around them. At first it will be hard but it’s not impossible under the right leadership who truly only wants the betterment of the environment, I think with strict guidelines and rules this could be the most profitable solution for humankind and the environment. I believe that giving the land back to the states will be beneficial to help keep the costs down, centralize the efforts, and make â€Å"saving,† and â€Å"preserving,† the environment more efficient in the long run. Works Cited Edwards, Chris, and Randal O'Toole. "Reforming Federal Land Management." Downsizing the Federal Government. N.p., n.d. Web. 10 Dec. 2013.

Somanatha: The Many Voices of a History by Romila Thapar Essay

It was during the year 1026 that Mahmud of Ghazni raided the Somanatha temple for its wealth, leading to the destruction of its many idols. In Somanatha: The Many Voices of a History, Romila Thapar explores the distinct narratives that were written at the time by placing them into the historical context of the period. Her goal, through this monograph, was not to reestablish how we perceive the history of the raid, but to instead study the diverse perspectives and views represented in the various sources collected on the topic. Historical interpretations range from the Turko-Persian narratives of the period to the Colonial writings long after the raid. Through the investigation of the sources one would hope to point out the variations in the texts, and then analyze why these deviations in the story came to be. Thapar’s findings would assist any historian in determining the nature of these sources and the way they are currently used. One must remember that any and all sources co uld be of significant importance when looking at the attitudes of the individuals of the time. The Turko-Persian narratives contain a multitude of different versions of the raid on the Somanatha temple by Mahmud of Ghazni. Persian scholar Al-Biruni provides historians with the most realistic version of the events surrounding the raid. He believed that because the Somanatha temple was constructed of stone and placed in an area surrounded by sea on three sides it had to be guarding wealth. Mahmud was in fact able to conquer the Somanatha temple for its wealth, subsequently taking pieces back to Ghazni. Turkish raids to India were originally focused on obtaining animal herds, but the reason for them now was to loot urban treasuries and capture prisoners of war... ...itish Colonials’ short term goals, but this course of action would leave long lasting effects on the people of these two cultures. All in all, Somanatha: The Many Voices of a History hopes to study the diverse perspectives and views represented in the various sources collected on the topic. The hope is that this will allow historians to better understand the various perspectives on the period. In order to get the true picture of an event one will need to analyze all of the possible views of what actually occurred. Historical interpretations range from the Turko-Persian narratives of the period to the Colonial writings long after the raid. Any event, such as the raid on the Somanatha temple, can prove to be more complicated then one would ever believe at first sight. Works Cited Thapar, Romila. Somanatha: The Many Voices of a History. London: Verso, 2005. Print.