Is Bollywood Shining in Asia

Is Bollywood Shining in Asia? Introduction As Smith, a columnist for Articlemyriad, mentioned, â€Å"Far from being mere entertainment, though, the Bollywood movies represent a powerful means of self- and community expression which Indians are using to define themselves in front of the rest of the world,† (Smith) Exploring the Bollywood movie and its emergency in Asia is an effective way to see whether India has some common culture elements with other Asian countries and whether they are integrating under the impulsion of culture.Dudrah (2006) mentioned in his book Bollywood: Sociology Goes to the Movies, â€Å"Bollywood, the moniker for popular Hindi cinema from Mumbai, India, has become an important catchword in the vocabulary of global South Asian popular culture. † (Dudrah, 2006) It demonstrates that Indian culture dominates in South Asia. However, with the success Three Idiots achieved in Asia, some people began to consider the situation of Bollywood in Asia. Bolly wood is a real buzz word at the moment,† said Vinay Virmani, writer and actor of Breakaway, in an interview, â€Å"I think that's because Bollywood has been able to translate beyond the whole south Asian community. † (Mahmood & Mitra, 2011)This opinion is true but maybe too simple as he just considered about the popularity. The opinion I want to argue in this paper is that although Bollywood movies become popular in Asia, the commercial profit they gained is still limited.Maybe Three Idiots, the most successful Bollywood movie in recent years, is the best representative of Bollywood movies which are facing such an embarrassing situation. â€Å"Have you seen the Three Idiots second time? † It may be the first reaction when Hong Kong people talked about this famous Indian movie. It is amazing that a Bollywood movie gained such huge success in Hong Kong. In fact, Three Idiots has run for 13 weeks since it was released in Hong Kong in September, 2011. It broke the sp ell that â€Å"Normally, a Bollywood Film in China and Hong Kong would run in select multiplexes for 1 to 2 weeks. (3 Idiots Rocks in China & Hong Kong, 2011)Although it gained high praise in Hong Kong and other Asia countries, the box-office contributed by Asian countries was still limited. According to the statistics from Box Office Mojo, 60. 8% box-office of Three Idiots came from India (3 IDIOTS box office, 2011) and it was released in only six other Asia countries (or areas), which are Hong Kong, Malaysia, South Korea, Singapore, Indonesia and Taiwan. (3 Idiots) Why Bollywood becomes popular in Asia ) Thanks to Slumdog Millionaire Slumdog Millionaire tells a story happened in Indian slums. It is made by Hollywood but full of Bollywood characters, which made many audiences mistake it for a Bollywood movie. As it won the top prize at the Academy Awards and eight Oscars in total including best director and best picture, (The Oscars 2009, 2009) it appealed to more audiences, espec ially Asians, who regard the Academy Prize as the highest honor of a movie. It took $2,280,068 in its first week in China and $930,097 in Hong Kong. SLUMDOG MILLIONAIRE-box office, 2009) With the influence of Slumdog Millionaire, people would like to see Bollywood movies with huge interest and curiousness. Bollywood movie become a hit to Asian audiences. 2) A mirror of the issues faced by Asia It is obvious to see the changes in Bollywood movies when comparing those new successful movies with the old ones. The traditional stories about revenge or the love between a rich woman and a penniless man have already been out of date. New Bollywood movies focus more on the modern issues faced by many other Asian countries as well.The issues always mentioned are never leaving ethnic and religious conflicts, gap between the rich and poor and education. For instance, the Three Idiots mentioned before exposed the education problems existing in many Asian countries. The film is about three studen ts who do not fit the traditional and inflexible education method in Indian Institutes of Technology and are considered as idiots by professors. â€Å"However, the movie clearly shows who the three real idiots are – the educational system, the teachers and the parents†, Sudhakar RAM said. Ram, 2010) The performance-oriented system, faculty-led pedagogy and arbitrary parents criticized in this movie exist not only in India, but also other Asian states. In South Korea, academic achievements are regarded as the decisive factor for social success. Only the students getting into prestigious universities can guarantee their social success, while students with other abilities are unrecognized. (Suicide Figures Point to Failure of Education System, 2011) The same phenomena existed in Mainland China. In order to enter a famous university, students pursue higher exam marks rather than knowledge. Teaching methodology basically consists of force-feeding copious amounts of required information directly out of textbooks (often teachers will simply read directly from the text) and students are discouraged from asking questions, particularly if those questions challenge ideology or anything regarded as factual. † (Middle Kingdom Life) As this movies shows the familiar and real problems to Asian audience, people are able to understand the movie better and easily accept it, just as Zoher Abdoolcarim said, â€Å"They laughed when they were meant to and didn't when they weren't. (Abdoolcarim, 2011) In addition, Asia, as a growing power, is eager to get the approval from the world. India, with fast development in economy, has more aspiration and shows it by movies. There is a popular Bollywood movie among Asian audience called My Name Is Khan. It tells a story about how a Muslim man called Khan, in order to get forgiveness from his wife, overcame many difficulties to tell American President that his name had no relationship with terrorists. Although it seems l ike a love movie, what it shows indeed is the â€Å"questions of religious and national identity†. My Name is Khan – Movie Review, 2010) Asian states, like the Muslim, undergo untold hardships to develop, hoping to get the approval from the world. The emotion and sprit—national identifying—expressed in Bollywood movies reflect the psychology of Asia and fit the taste of Asians. 3) The attracting modern music Dance and songs are the symbols of Bollywood movies. â€Å"A Bollywood movie is incomplete without songs and dance in it. † (Role of dance Choreographer in Bollywood movie songs, 2011) However, young people in Asia seem not interested in the traditional dance and songs in Bollywood movies.Therefore, the Bollywood music changed among with the transformation in movies. It mixed the traditional songs with western elements to produce a new style that appeals international audience, of course, including Asians, rather than the pure classical Indian music that appeals to Indians only. Campus songs which never appeared now become popular in Bollywood movies. ‘Aal Izz Well' in Three Idiots has oodles of youth feeling, which brings audience back to their college days. 4) With the help of InternetAlthough playing full-length movie on internet is illegal in some countries, there are no strict restrictions in some Asia countries, like China, which provides audience a chance to watch Bollywood movies through internet. Three Idiots, for example, will be released in December, 2011 in Mainland China. However, the discussion of this movie in Internet lasted for a long time and it even got 8. 9 marks by 19,096 people marking in the Mtime, a websites regarded as Chinese IMDB. Three Idiots) This phenomenon benefits from the Chinese video-sharing websites, such as Tudou and Youku. In fact, this movie was played up to 1,824,335 times only in Tudou (Three Idiots). The same is Devads, which is marked 8. 4 in Mtime (Devdas) and played 279,4 69 times in Tudou. (Devdas) The force of internet cannot be overlooked in popularizing Bollywood movies. Why Bollywood movies have a little profit? As the statistics from Box Office Mojo show, most Bollywood movies are released in four other Asia areas mainly —Malaysia, South Korea, Taiwan and Hong Kong.Although Bollywood movies have satisfied box-offices in these areas, the profit they gained in other Asian areas was still low compared to domestic market. The reason may be that Bollywood movies don’t squeeze into the two main markets in Asia—China and Japan because of the strict movie importing restrictions. China has strict import restrictions that limit the number of foreign blockbusters to 20 per year. â€Å"Film imports are still controlled by the state-owned China Film Group. † (Lee, 2011) And in Japan, the situation is even worse. â€Å"But selecting films for release in Japan is not easy. , said Aki Sugihara, general manager at licensing and acqu isition department of Nikkatsu Corp, â€Å"The rights for ‘3 Idiots' had been sold to every Asian country except Japan. † (IANS, 2011) The closing of the two main Asian movie markets makes the profit Bollywood movies gain limit in Asia. Tendency 1) The wall will come down With the globalization, the trade wall is decreasing, including the movie import policies. Taiwan is a case in point, who revised the Motion Picture law–dropping its film import restrictions—–to meet WTO demand in 2001.Many Bollywood movies, which are not released in Mainland China and Hong Kong, can be found on Taiwan screens, like Om Shanti Om and Taare Zameen Par. Taiwan is just a start as its policy influences other countries. The success of Three Idiots in Taiwan spirited South Korea to release it, according to a Korean industry office. (Bhat, 2011) The prospect in Mainland China is also bright. Thanks to the efforts of India's Ministry of External Affairs, India got a quota o f four out of the 20 imported movies per year. Baru, 2010)What’s more, as the deadline given by the World Trade Organization when China end its movie import restrictions is 19 March 2011, China is expected to raise the import quota to 30 films this year and a little more each year subsequently. (Jaffe, 2011) It is inspiring news for not only Bollywood but also the world, which can also be regarded as a symbol that the free and open movie market is a tendency in such a global world. 2) The cooperation can be realized Bollywood is exporting its movies to more countries by cooperating with foreign companies to produce movies.My Name is Khan, a Bollywood movie produced and marketed by Fox Star Studios, gained $38,326,589 in oversea market. (My Name Is Khan) It pointed out a new way for Bollywood to gain profit in Asia, which is cooperating with Asian companies. In fact, the Chinese government's official film production company has cooperated with Bollywood to make a movie called Gold Struck. â€Å"Since the film is being supported by China-based production companies, it will not be considered a foreign import and will fall outside the censorship restrictions that have impeded Bollywood's entry into the China market,† Cindy Shyu, CEO of Lighthouse Productions said. Krishnan, 2010) Also Aki Sugihara from Japan mentioned, â€Å"If our co-production expands, there will be a chance of getting into co-production with Indian films. † (IANS, 2011) By cooperation, Bollywood may knock at the door of China and Japan, and enter into these two huge Asian markets step by step. Conclusion Bollywood, which used to be regarded as â€Å"a factory of dances and songs†, is no longer what it was. In a global world, Bollywood is also expanding its influence power to Asia, even to the world. Going by the success of Slumdog Millionaire, Bollywood began to export its movies with a new image.It changes the style of dance and songs and pays more attention to the contents of movies, which expose the same issues Asians face and inspire emotional resonance. In addition, the internet popularizing also promotes the spread of Bollywood movies. However, Bollywood has fame but little profit in Asia because of the strict restrictions, especially in China and Japan. In another word, Bollywood’s emergence has already beyond South Asia but the true commercial success is still limited to domestic market.Although it seems that Bollywood has loss in Asia in terms of commerce from current movie market state, we cannot deny that Bollywood movies have potential to win because of the falling-down restrictions and the tiny cooperation with Asian movie companies. Bollywood is not shining in Asia now, but the time for it to shine is not far away. Reference SLUMDOG MILLIONAIRE-box office. (2009, 12 20). Retrieved 12 1, 2011, from Box Office Mojo: http://boxofficemojo. com/movies/? page=intl&id=slumdogmillionaire. htm The Oscars 2009. (2009, 2 23). Retrieve d 12 1, 2011, from BBC: http://news. bc. co. uk/2/hi/entertainment/oscars/7904567. stm My Name is Khan – Movie Review. (2010, 2 11). Retrieved 12 1, 2011, from BollywoodWorld. com: http://www. bollywoodworld. com/movie-reviews/my-name-is-khan-movie-review-18299. html 3 IDIOTS box office. (2011, 11). Retrieved 12 1, 2011, from Box Office Mojo: http://boxofficemojo. com/movies/? page=intl&id=3idiots. htm 3 Idiots Rocks in China & Hong Kong. (2011). Retrieved from MovieMantra. com: http://moviemantra. com/telugu/2011/3-idiots-rocking-china-hong-kong/ Role of dance Choreographer in Bollywood movie songs. 2011, 5 13). Retrieved 12 2, 2011, from Enrichyou: http://www. enrichyou. info/role-of-dance-choreographer-in-bollywood-movie-songs/ Suicide Figures Point to Failure of Education System. (2011, 8 13). Retrieved 12 1, 2011, from The Chosunilbo: http://english. chosun. com/site/data/html_dir/2011/08/13/2011081300334. html 3 Idiots. (n. d. ). Retrieved 12 1, 2011, from IMDB: http:// www. imdb. com/title/tt1187043/releaseinfo Abdoolcarim, Z. (2011, 11 10). The ChIndian Century. Retrieved 12 1, 2011, from TIMESpecials:

Cicero On Duty Essay

Cicero’s definition of duty is a term in which in this course, is far reached than what we would have ever thought duty would stand for. Defining duty can be said to be a commitment or obligation to someone or something that causes them to pursue a certain action. Duty is split into two parts which consist of dealing with what is the â€Å"supreme† good and second, practicing rules which are strictly regulated in all means of daily life. Another classification of duties are duties which are middle or complete. Complete duty is link to being what is â€Å"right†. Middle duty is the reasoning behind why has it been done. When Cicero writes about individual activism we consider the duties that are honorable and dishonorable. What is honorable or dishonorable? People’s spirits are often pulled between opposing opinions. The individual then has to see whether or not it will offer him an advantage in life. Cicero discusses the major principal thought on duty which is based on a conservative standpoint. The different forms of duty happened due to human nature. Civic duty takes different forms. Civic duty will always leads back to the people that live in the society. Questions asked is what do we owe? What can I do? Cicero writes how the nature of a person will influence his decisions based on what is the â€Å"honorable† thing to do at a certain time. A individual showing wisdom towards the publics concern is part of the action. Cicero uses a strong example when he speaks about promising to be at a appointment but not showing up due to someone close to you getting ill. He explains how not making the appointment would not be contrary to your duty because you abandoned what you promised. This shows your neighbor that your character can’t be trusted. The fellowship you keep with the community is a responsibility. Fellowship is so important to the form of civic duty according to cicero. He explains how one should be able to share, give advice, and cause no evil to their neighbor. Justice is the foundation of duty. Justice in a society emphasizes on the civic duty to ones state. As a citizen you should never find yourself on an omission state but to be contributing in honest forms towards society. Other principles is that of carrying a great spirit. It would help you have courage in your actions and for that reason you will hold honor towards yourself. When Cicero writes about the reasons for why people have duties towards the public sphere he believes that the individual is part of the community. He contributes it all the to belief of Stoicism. Aristotelian is another close source in which we can speak about duties, but Cicero’s true belief was that virtues is key to duty. Stoicism is the school of thought that holds the belief that the only way we can make sense of our own existence is by devoting ourselves to virtues. People who follow this pathway believe that the majority things of daily life are stuff we can’t control, but yet we can contribute our life to society in a better way. Honor is another reason why individuals choose certain choices that lead you to be seen as a noble person in your society. The wide picture is seen towards how the community sees the individuals actions according to the standards in which have been placed. It doesn’t seem like an individual would ever perform a duty if honor wasn’t the reward. An individual who doesn’t care for much pleasure would mostly likely seek out honor in the public sphere. In conclusion Cicero comes up with the belief that the main stance on duty should always be honor, because honor is the only thing that really brings out the obligations that we owe to ourselves and the society you live in.

Liturgy Essay Example | Topics and Well Written Essays - 1250 words

Liturgy - Essay Example The homily is always on the gospel of the day.† Considering the current universal trends and developments in worship, this statement is being tested for validity in the light of the Church of England’s Sunday Lectionary and Calendar of Common Worship. A lectionary is simply a list of Bible passages assigned to be read in designated days of the year. Although the Church of England does not prescribe which Bible translation to be used, the Common Worship Lectionary, which has a two-strand approach, is being adopted: one strand for special days and seasons and another strand for ordinary time (Horton et al, 2001). The church calendar being observed by the Anglican church is the same calendar being used by the traditional Christian churches. The calendar begins with the season of Advent in preparation for Christmas, followed by Christmas itself, then the Epiphany, then Lent with its conclusion at Pentecost (Common Worship, 2000). The Common Worship was the result of the incorporation of the improvements in the Alternative Service Book of the Church of England and was done to achieve overall uniformity in worship down to the local congregation (Horton et al, 2001). Latest improvements pertained specifically to providing flexibility in the substance and form of worship at the local service level. The question that invites contemplation and deep analysis is: In the light of this flexibility, how does it affect the homily? Must the homily always be on the gospel of the day, following the guidance of the Lectionary and the Calendar? The homily is delivered by the presiding priest or pastor right after the proclamation of the assigned Scripture reading, usually a gospel passage, during a worship ceremony as in the sacrifice of the mass. Being characteristically subjective in form and substance, the homily can have the tendency to veer away from its original intention, depending on the frame of mind and emotional state of the preacher. In a number of instances, the

Impact of technology on Business Communication Essay

Impact of technology on Business Communication - Essay Example In fact, prospective clients or customers will be better impressed knowing they are dealing with businesses that have good business technology tools rather than one with out-dated resources. Business communication also involves internal contact and technology has also greatly improved this aspect in many organizations. With this, messages can be sent electronically instead of raising internal memos, which has a possibility of being missed when staffs are not informed. Managers travelling frequently can also keep in touch with the employees regularly and thus, obtain updates or resolve issues in an instant. Indeed, technology has allowed for a faster and more efficient way of business dealing. The creation of company websites and the availability of search engines mean businesses are at the advantage of reaching out to far more audiences, both internal and external parties, with the necessary information about the company, as well as its products and services. Of course, the benefits of technology are only apparent when users are ethical. Otherwise, it can do more harm than good.

Open topic Essay Example | Topics and Well Written Essays - 1000 words

Open topic - Essay Example For Smith, the market will regulate itself through its â€Å"invisible hand† which the government and its regulatory power play no part. In his monumental work â€Å"An Inquiry into the Nature and Causes of the Wealth of Nations† or â€Å"Wealth of Nations† (1776), he argued that individuals pursuing their self-interest are actually good for the larger society. To paraphrase Smith, he contended that â€Å"by directing that industry in such a manner as its produce may be of the greatest value, he intends only his own gain, and he is in this, as in many other cases, led by an  invisible hand  to promote an end which was no part of his intention. Nor is it always the worse for the society that it was not part of it. By pursuing his own interest he frequently promotes that of the society more effectually than when he really intends to promote it. (1776, 364). This idea of Adam Smith’s individual’s pursuit of self-interest to be good for society in general became the driving force of classical capitalist economies. This was however contradicted by John Maynard Keynes. ... These two economists contradicted in a manner that Smith negated the role of government intervention in the economy by solely relying on the market’s â€Å"invisible hand† while Keynes believed that the economy will work at its optimum with the influence and intervention of the government. Analysis While these two economists made two contradicting explanation and suggestion on how economies should work, they are however both correct. For Smith, while it may sound as an oversimplified generalization that the economy is ruled by â€Å"market forces’ invisible hand†, this truth however cannot be denied. We just cannot break the law of market forces that rules the economy. Our own pursuit for our individual success has also been generally good for society for we can contribute more when we are individually productive. For Keynes, his economic precepts has never been truer today with governments intervening in the recent 2009 Financial Crisis to bail out compan ies to save jobs and the economy in general from depression. Contradictory ideas but both are true and only different on its implication on the market and the economy in general. Smith may have explained the harsh reality about the dynamics of the capitalist economy and accepted the fact if individual’s are left on their own, we will be always be driven by our selfish motive. According to Smith, self-interest is not necessarily evil as he contends that our pursuit for self-interest will actually make the economy work efficiently and will be good in the long run. Keynes however made an assertion that this is in fact â€Å"disastrous if we attempt to apply it to the facts of experience† and attempted to temper the selfish and disastrous

Money creation in islamic economic system Term Paper

Money creation in islamic economic system - Term Paper Example be achieved, as Muslims perceive an economy to be healthy when its regulations, institutions and operations together with the conduct of the people and the entire society conform to Shari’ah. The part played by money as well as monetary management in the Islamic economy must conform to the structure of the entire economic system that is prescribed by Islam. Even though the Qur’an and the Sunnah, which are the key sources of Islam, do not give any direct or comprehensive direction in regard to managing money, they are clear in their disapproval of interest. Therefore, financial and monetary connections in the Islamic system must be conducted and organized in a way that prologues the use of interest in any manner. Ultimately, this limitation makes monetary management in the Islamic system to be different in a fundamental and critical manner when compared to the conventional capitalist system. The process of money creation by the conventional banking systems is considered as the most dominant undermining aspect in all the contemporary markets (Lippit, 1996, p. 256). Through creating money from nothing and introducing it into circulation, both the central banks and commercial banks have collectively resulted into a succession of speculative bubbles that may be followed back more than three years in the countries of the west. In the case that newly created money is spent on a particular asset like property or shares, the prices of these assets tend to increase naturally. On the other hand, when the banks make a decision to decrease their rates of creating money, buyers will no longer exist in the market and the prices of assets will start reducing. The capability to create money is thus a largely influential political and economic instrument, which is in most cases abused. Two Islamic guidelines function to prevent any form of money creation by the banking system and they i nclude the law of trust and the prohibition of interest. Through the issuance of promises to

McDonald and the Stella Liebeck Scalding Case Study

McDonald and the Stella Liebeck Scalding - Case Study Example McDonalds further maintained that this temperature was essential in maintaining optimum taste in the coffee, a feature most customers â€Å"prefer† to their safety. The court, while holding that McDonalds was largely responsible for the burns Stella Liebeck received from the scalding coffee moved to acknowledge that the plaintiff was partly responsible for her injuries. They based this decision on comparative negligence and the fact that the warning on the coffee was not sufficient. A company should be responsible for most but not all of the consequences of consumers using its products. The first reason why any company should be ware of consumers’ affairs is the fact that consumers are also stakeholders. In the realm of business, in most cases, consumers are secondary stakeholders. However, consumer’s intermittent ability to affect the running of a company (Gibson 245) should not be underestimated, case in point, the Stella Liebeck law suit. As such, accepting th e consequences of its goods and services, a company builds a foundation on which it can make profits while satisfying its customers. Secondly, accepting liability in regard to consumers ensures that the company gains the trust of its consumers. Gaining trust is instrumental when a business seeks a market niche and also to apply strategies such as cost leadership. From the actions of McDonald’s one can see that there is a clear need to fulfill customer needs for profit maximization. An excellent example is keeping the coffee extremely hot to maintain its taste. However, an intriguing concept is the aspect of duty and fiduciary relationship. Scholars hold that the interactions between a consumer and company should not reflect â€Å"a means to an end† character. Therefore, a company should pursue a fiduciary relationship rather than a duty oriented strategy. Fear of lawsuits and a dwindling market position should not be the only reason why a company strives to accept liab ility for its actions. Scholars such as Goodpaster argue that strategic thinking favors prudence rather than moral obligation. Society today is ablaze with ethical debates ranging from euthanasia to the rights of terrorists. The business world is not dormant on issues of ethics. A company by law and social stratification should consider the welfare of all its consumers regardless of the monetary ramifications. Philosophical ethics will argue against the actions of businesses with the claim that the self interest that causes them to pursue moral acts renders the act immoral. Gibson postulates that a company should treat its consumers as more than profit maximization tools thus the deontological approach. At this point, it is imperative to examine a moral act by the company Johnson & Johnson. In 1982, cyanide contaminated batch of its capsules killing more than half a dozen individuals. This led them to acknowledge fault, pull out 32 million bottles of the presumed contaminated produc t from the market and face crippling loses. However, after a while the company built its name again and regained its market position. This is what Gibson christens the bottom line. Despite the motive behind an action, the result is that both stakeholders were happy. McDonald fails in that it fails to accept rightful responsibility especially when the plaintiff requested medical

Military Regimes in African Countries Essay Example | Topics and Well Written Essays - 2000 words

Military Regimes in African Countries - Essay Example The discussions will entail logical arguments behind the various military regimes that have occurred in Africa. The paper will give an analysis of the various military regimes that have taken place in Africa since independence to modern days. Introduction The focus on military regimes can be traced to the period after 1950 when most African countries gained independence. There was a considerable increase in the number of military coups during the 1960s, 70s, and 80s. During this period, a large number of military regimes emerged all over the world. In 1979, fourteen military regimes rose to power in sub-Saharan Africa. Besides the military regimes in Sub-saharan Africa, other regimes held power in Latin America, North Africa, Arab states, South East Asia and East Asia (Falola 2002, p. 235) Because of the tremendous rise of African military regimes, political scientists, historians, sociologists, and economists had a keen interest in studying this form of government. Africa witnessed seventy-one military coups between 1950 and 1990. Since African nations gained independence, a number of military regimes have overthrown the ruling civilian regimes. The military coups replace the government and introduce military rule. In most instances, the military leaders, who take over governance, introduce dictatorial rules (Kieh & Agbese 2004, p. 20). Some of the famous military coups that have taken place in Africa include the Ghanaian coup in 1966, Libyan military coup in 1969 led by Muammar Gaddafi and the Ugandan coup in 1971 led by Idi Amin. Gaddafi led a group of young Libyan military officers in a bloodless coup that saw the overthrowing of King Idris I. In Uganda, Idi Amin succeeded in ending the rule of Milton Obote. Other military coups have happened in countries such as Nigeria, Congo, Togo, among others (Baynham 1986, p. 38). Rating performance of military regimes in Africa Military coups in Africa can be explained by general factors applicable to the entire cont inent. A keen look at the past military coups indicates a common trend in military coups. Almost all countries in Africa that have had military coups seem to have the same reasons for the eruption of the military coups. From 1960 to 1970, a number of African nations witnessed military coups. Historians have regarded this period as a decade of coups in Africa (Kieh & Agbese 2004, p. 22). Once a coup erupted in one country, it became a phenomenon in other nations. Coups swept across the entire African continent at an alarming rate. Based on this, the rise of military regimes in Africa emerges from general factors applicable to the entire continent. The paper will now focus on the factors that have led to the rise of military regimes in Africa. In an attempt to preserve authority, states have embraced the use of coercion. As a result, some government institutions play the role of enhancing coercion. This reality has significantly directed debates surrounding politics in postcolonial Af rica. The government needs coercive agencies, such as the police and military, which should be obedient to political leaders. However, this has not succeeded in Africa. In many instances, the military has used violent means to initiate coup d’etats. This is a contradiction since the military should manage violence on behalf of the state (Thomson 2010, p. 135). A notable factor responsible for military coups in A

Chinese History papers Essay Example | Topics and Well Written Essays - 750 words

Chinese History papers - Essay Example It presents a brief background history of China before unveiling the purpose of the Great Wall. Just like any other grand civilization in the world, China’s culture can be said to have originated from a blend of small original tribes which have since expanded to become a great country that is China today. Historians also believed there some eminent people namely: emperors like Li Shimin, Philosophers like Confucius and great poets like Qu Yuan among others in the long list of individuals who contributed enormously to the development of China as a country as well as to the enrichment of her history (Slavicek 18). Notably, Chinese society can be said to have progressed through five major stages- the primitive community, Slave society, Feudal Society,, Semi-feudal and Semi-colonial Society, and Socialist Society (Slavicek 21). One aspect that historians have since agreed on and perhaps it’s the most recognizable symbol of China is the Great Wall of China. Originally, Emperor Qin Shi Huang (c. 259-210 B.C.) during his reign conceived the Great Wall as a means of preventing rampant incursions from the barbarian nomads into Chinese Empire. Although the Great Wall of China never actually and effectively barred the invaders from entering China, Slavicek (27) noted that it was also believed to have assumed the function of psychological barrier between Chinese culture and the rest of the world, under such it remained as a powerful symbol of the country’s enduring strength. According to Slavicek (28), the Great Wall as it exists today was basically constructed during the mighty Ming dynasty (1368-1644). During this period under the governance of Ming rulers, Chinese culture flourished and the era saw an immense amount of construction added to the Great Wall, which included bridges, temples, and pagodas. Noteworthy, after the initial phase of territorial expansion, the Ming rulers took wholesomely a protective stance, and their amendment and extension of the Great

Discussion Topic Essay Example | Topics and Well Written Essays - 500 words - 6

Discussion Topic - Essay Example They are naturally buoyant; this feature helps them stay under water because they keep swimming with ease. Their short tail is not meant for propelling them in water as it is thought; its purpose is storage of fats that enhance their buoyancy. Their mouth looks like that of a duck to facilitate their feeding under water. Platypuses are carnivores. They are bottom feeders. They scoop up shellfish, insects along with their larvae, as well as worms in their bill together with bits of gravel and mud. Since they lack teeth, the bits of gravel plays a major role to assist them chew their food. Other animals also eat platypuses. Their natural predators include snakes, water rats, owls, goannas, and hawks in addition to eagles. There are a reduced number of platypuses in northern Australia due to predation by crocodiles (Nowak, 1999). There are concerns about the reduced population of duck billed platypuses in Australia. Within the past 100 years, their population has been reducing drastically due to a number of factors. The main factor that has contributed to their population is increased mortality because of eaten by many natural predators. The introduction of red foxes for hunting in 1845, has largely contributed to decrease in number of platypuses that live on the main land. Australia is trying to put in place measures that will assist maintain population of platypuses. The climate changes that are being experienced in the world today are not because of nature. In the past years when there were few human activities in the environment, there was no changes in climate as it is being experienced within recent years. Human activities are the main causes of climate changes in the world today. Human activities cause changes in the atmosphere by releasing green house gasses, and aerosols or else small particles into the atmosphere. Major activity that contributes to atmospheric

The Effect of Poor Lightning Condition on Spelling Performance in 3rd Year Psychology Students Essay Example for Free

The Effect of Poor Lightning Condition on Spelling Performance in 3rd Year Psychology Students Essay The study was conducted to assess the disruption of cognitive performance such as spelling proficiency in a classroom with poor lighting condition. The participants were 31 students, who participated for course credit. It was hypothesized that participants undergoing the spelling test with poor lighting would report low results. The result of the mean is 4. 87 while the standard deviation resulted to 1. 91. We conclude that the results indicated that cognitive process such as vocabulary usage is greatly affected by poor lighting condition and is an affective instrument for determining how the subjects will respond to the given situation. The Effect of Poor Lightning Condition on Spelling Performance In 3rd year Psychology Students Vision is the ability of the brain and eye to detect electromagnetic waves within the visible range of light that makes them interpret this image as sight. Humans are a diurnal species (active in daytime) usually exposed to light while engaged in cognitive tasks. Light not only guides performance on these tasks through vision but also exerts non-visual effects that are mediated (Vandewalle, Maquet Dijk, 2009). People also can easily determine which changes in darkness and lightness are due to the physical properties f objects and the changes in illumination (Goldstein, 2008). The same research conducted by Vandewalle et al. (2009) also demonstrated that recent advancement studies ion vision which demonstrates that the wavelength, duration and intensity of light exposure adjust brain responses to (non-visual) cognitive tasks and adapts to different conditions. A similar study entitled â€Å"daylighting impacts on human performance in school† was conducted by Heschong, Wright Okura (2002) which aims to demonstrate a clear relationship between the presence of daylight and human performance. In humans, light enhances both alertness and performance during nighttime and daytime and influences regional brain function (Vandewalle Balteau, 2006). The results of these researches suggest that the adjustment of cognitive process and performance can vary to those people who are experiencing it with different and changing lighting condition as to support the claims of Makihara, Takizawa, Shirai Shimada (2007). Much of the studies conducted came with the conclusion that the more there is light, cognitive performance is absolute. In contrast, Landsberger (1955) found out in a study conducted by Hawthorne works that the workers’ productivity seemed to improve when changes were made and slumped when the study was concluded. Landsberger (1955) suggested that the productivity gain was due to the motivational effect of the interest being shown in them. However, it does not permit conclusions to be drawn about whether the lighting condition caused reductions in performance or was just a consequence of motivational effect in them (Simonson Brozek, 1948). In terms of effectiveness of lighting condition in increasing or reducing the performance of the subjects, the low lighting in the workplace may suggest that some of the subjects were just motivated in improving their performance to compete or may have been another case of demoralization. These drawn conclusions may suggest that this study is not that highly validated, thus, making it not that reliable also. The present study was an attempt to assess the disruption of cognitive performance, such as spelling proficiency in a classroom setting with no lighting. And the relationship of lighting and visual performance (Rea, 1992). Based on past experimental research on light as a modulator of cognitive brain function by Vandewalle et al. (2009) and related research on the effects of light exposure to brain responses (H. M. Parsons, 1974), it was expected that participants will end up with low scores in the spelling test due to low level of lighting. Method Participants Participants were 15 male and 16 female undergraduate students who attended San Beda College in Manila. The examiner used total enumeration in determining the participants. Total enumeration is selecting all members of the population without randomization. Apparatus The setting of the experiment was in classroom. It is of average size and the lighting is good. The room is also well ventilated. Then the participants were being ready for a spelling quiz. Instrument Participants were instructed to spell out the words given by the test instructor. The highest possible score on the test was 10. Design This experiment was a one-shot case design that is a type of pre-experimental design where a single group of test units is exposed to an experimental treatment and a single measurement is taken afterwards (Babylon, 2009) wherein the participants spelled in poor lighting and then the results was taken afterwards. Procedure The experimenter told the participants to prepare a paper for a spelling test. Then they proceeded with the experiment which is to spell words with the lights turned off. After the spelling quiz was done, the experimenter then opened the lights and then the results of the tests were checked. Results  The effect of poor lighting condition on spelling performance was assessed by finding the mean and standard deviation of the statistical data. The mean resulted to 4. 87 while having a standard deviation of 1. 91. Discussion The result of this study demonstrated that lighting condition greatly affects the cognitive performance of the students. As expected, majority of the participants garnered low scores during the unlighted spelling tests. Past research suggests that lighting conditions affects cognitive processes that tend to focus on how people would respond to that kind of situation (Vandewalle Balteau, 2006). The results of the present study support it because it demonstrates the validation of the past research and thus making it also reliable. In contrast to the study conducted by Landsberger (1955), which implies that the performance varies to the individual regardless of lighting condition, the results of the present study refute this idea. The results basically tell us that having the spelling test on unlighted condition will cause a poor cognitive performance. Although the hypothesis in this study was supported, the study has a limitation. No controls were taken to ensure that lighting condition experiment could occur into two experimental conditions. It is only a one-shot case study making it less dependable in stating whether a change in the outcome or dependent variable has taken place. In conclusion, the findings of this study are consistent with the claim of researchers such as (Vandewalle, Maquet Dijk, 2009) that light not only guides performance on these tasks through vision but also exerts non-visual effects that affects the human cognition. Light really enhances both alertness and performance during nighttime and daytime as the claims of the study of Heschong et al. (2002) states that daylighting impacts human performance in school. Lighting condition plays a large role in cognition not just only by giving us vision or sight as to go on with perception but also the scientific discovery that light exposure dynamically enhances brain responses.

Watsons Theory of Human Caring Essay Example for Free

Watsons Theory of Human Caring Essay A caring moment can be defined in many different ways by many different people. To me a caring moment between a patient and a nurse is when a nurse gives the patient their undivided attention. The nurse should take the time to listen to the patient and provide appropriate feedback reassuring the patient that they are being heard and the information as well as them are important. If the patient will allow the nurse to touch them this can be a very comforting gesture even if it is just a brief touch to the hand. Also repeat what the patient stated letting them know that you understood (Watson, 2009). Jean Watson, a nurse, who through personal experiences, beliefs, values and, higher education states that the focus of nursing is human caring, According to Lukose (2011) Caring and the healing task is more heart-centered than conventional nursing practice and extends to examine self and others. The major concepts of Watsons theory of human caring in the caring-healing process has expanded over the years, but based off her theory that it is According to Lukose (2011) connected with the high energy of the universe. Watsons states that the nurse creates a healing environment through forgiveness, compassion and love. Also that by using carative factors and a transpersonal relationship the nurse will be able to treat the whole patient (mind, body, and soul). For a couple of years I was the diabetic nurse at a county jail. I had a diabetic patient that was new to the jail and I was seeing the patient for the first time. I always tried to make my patients feel comfortable by having them sit in a chair and I did the same so we would be on the same level. This particular patient was very angry and did not want to speak about his disease process. Every time I would ask him a question trying to obtain some sort of history he would give answers like I dont care or none of it matters anymore. I continued to see him on a weekly basis trying to find a way to help him start caring again. I would get a little information from him, but I did start to discover that he had been going through some very hard times. The things that had happened to him led him to start drinking alcohol and using drugs which was how he ended up in jail. I continually would try to get him to take his diabetic medications. He also had hypertension and hyperlipidemia and would not take the medications for those either. This went on for two months with him telling me to just leave him alone he is not worth the trouble. I would order laboratory studies he would refuse, I would order medications and he would also refuse those. I usually tried to have face to face visits with the diabetic patients at least twice a week and had one day where I had quite a few patients to see. This patient was on my schedule but not until later in the day. It seemed like everyone was having a bad day almost every patient that I saw was angry and taking it out on me and I was feeling very frustrated. By the time I got to this patient I was fed up, only to hear him tell me how I was wasting my time he was not going to change his mind. So I just looked at him and said I do not even know why I continue to do this, nobody cares anyway as I said this I had tears in my eyes and told the patient he could just go ahead and leave, and he did. I, of course, continued to work as the diabetic nurse but my heart was not in it at all. The next week came and I had another face to face with this patient. When he came into the examination room he was different, I had his medication record and a record of his vital signs and blood glucose checks but had not looked at them. He started to talk before I had a chance, he told me that when he left from the previous visit that he went back to his room and prayed the entire night. He said that God told him that he needed to start following his treatment plan. I than looked at his records and saw that he had been taking all of his medications and that blood pressure and blood glucose numbers were decreasing. I could not believe it, I just looked at him dumbfounded. The patient told me he felt great and that I needed to keep continue what I was doing because I really did make a difference and had changed his life. I must have looked so silly because I was crying and smiling at the same time. He said that he just could not believe that someone cared that much about what happened to him. I continued to see that patient for several more months, and he would tell me how he had started to repair all of the relationships in his life through understanding, forgiveness and god. I learned that I should continue to care for the whole patient with love and accept them for who they are (Caruso, Cisar, Pipe, 2008). Continuing to show this patient how much I cared through my perseverance made a difference in both of our lives. I created a healing and caring environment in an environment that could be harsh with a lack of positive human to human connection. I should not let my frustration be so apparent or voiced the that I did not even know why I became a nurse, it was not professional. I often wonder if that patient had not seen the effect he had on me that he may have never realized that I truly did care. In a different environment I would have been able to enhance this caring moment by being able to give more of my time to the patient and provide even more education. The nursing metaparadigm applied to this patient and I was unaware of it at the time. As I am learning about nursing theories I can see it. I had individualized the nursing care for this person. I identified the mental and physical problems this patient was facing and tried to implement the appropriate measures. I used my critical thinking skills to establish the patients plan of care. I also got to know the patient and the patients lifestyle and used this in the plan of care (Sitzman, 2002). I had also utilized carative factors without any knowledge of them at the time. According to Vanenhouten, Kubusch, and Peterson (2012) Cultivation of sensitivity to ones self and others, through my own spiritual practices I was putting the patients needs before my own. According to Vanenhouten, Kubusch, and Peterson (2012) Development of a helping, trusting, human caring relationship, I continued to try to help the patient by gaining his trust and proving that I cared. According to Vanenhouten, Kubusch, and Peterson (2012) Promotion and acceptance of the expression of positive and negative feelings, I supported the patient and understood the barriers he was facing, and was able to make a connection with the patient that turned both of our negative feelings into a very positive experience for the both of us. According to Vanenhouten, Kubusch, and Peterson (2012) Promotion of a transpersonal teaching and learning, I took into account the patients current situation and developed his plan of care as well as all of the education I provided around his level of understanding and the barriers he faced being in jail. I reflect on this situation a lot and have told the story many times when I have come across a nurse that is feeling like giving up. A nurse really can make a difference in someones life when they are caring for a patient with their heart. Whether or not it is physical or mental a nurse can save someones life with a caring nurse-patient relationship. Caring and healing, I believe that one cannot exist without the other. Lukose, A. (2011, Jan). Developing a practice model for Watsons theory of caring. Nursing Science Quarterly, 24(1), 27-30. Caruso, E., Cisar, N., Pipe, T. (2008, April/June). Creating a healing environment: An innovative educational approach for adopting Jean Watsons theory of human caring. Nursing Administration Quarterly, 32(2). Vanenhouten, C., Kubusch, S., Peterson, M. (2012, Nov/Dec). Watsons theory of transpersonal caring Factors impacting nurses professional caring. Holistic Nursing Practice, 26(6), 326-334. Morris, D. L. (2006). Encyclopedia of nursing research (2nd ed.). Retrieved from http://search.proquest.comezproxy.apollolibrary.com.docreview/189451612?acciuntid=458. Morris, D. L. (2006). Encyclopedia of nursing research (2nd ed.). Retrieved from http://search.proquest.comezproxy.apollolibrary.com.docreview/189451612?acciuntid=458.

Idea Expression Dichotomy UK

Idea Expression Dichotomy UK Copyright law goes beyond protecting just a verbatim copy and delves on a scheme of arrangement. Therefore copyright law acknowledges not only the form in which the author expressed the ideas but also the content of the ideas to a certain extent. In essence, since copyright law goes beyond the consideration of verbatim copies the usage of any element of the work could constitute a copyright infringement. This gives rise to the problem of demarcating a line between the unprotected idea protected expression since copyright infringement could exist for taking the substance without copying the form. Ideas are human conceptions that have been represented. They are not abstract conceptions that exist independent of a thought process  [3]  . The process of thinking of an idea involves giving it expression. Therefore, ideas are human conceptions and cannot exist independently of a way of conceptualizing i.e. essentially the expression. In essence there are no expressionless ideas. There fore the idea expression dichotomy lives upto its name of being the central axiom of copyright law in determining what is copyrightable. The limitation that has been imposed by law on copyrightable materials is copyrightability of ideas. Therefore this limits the elements which can be copyrightable but yet does not provide a workable solution for the dichotomy. The perimeters of the encroachment inevitably vary because the interpretation of the idea-expression dichotomy in the legal order at any given time is essentially a reflection of shifting political choices in a particular jurisdiction and era about what should be able to be privately owned and what should be kept in the public domain  [4]   Though the content behind something can be similar the means and ways of expressing it are completely different as are the modes of receiving the expression. As an illustration, Shakespeares way of characterizing a scene and any other authors way of depicting a scene would be clearly different even though the subject matter of characterization would be different. Therefore by virtue of this paper the researcher seeks to analyze the idea expression dichotomy as well as provide for a justification and a working critique to the same. The courts have never been clear to differentiate the concept of unprotected ideas from protected expressions and hence forth would go into the aspect as well. An excurses into the history of the origin of this difference will be constructed and thence an analysis of Indian Law on the subject. History Origin of the Doctrine The history of Copyright though began with the invention of the Gutenberg printing press and the passing of the Statute of Anne in 1710. The Statute of Anne was bought into play for the encouragement of learning, by vesting the copies of printed books in the authors. Therefore, it can be said that first attempt at passing a copyright legislation recognized the fact that there would protection of only expressions that have been put forth in the books of the authors. But this legislation cannot be squarely called a copyright legislation. The courts show a more interesting history that can be discerned through two different eras of judicial pronouncements. The history of copyright law has occurred in the jurisdictions of the United Kingdom and United States, where the legal principles were settled. India, in recognizing the need for a separate copyright law has agreed on the basic principles  [5]  which have been embodied in the United States, United Kingdom Laws and the International Agreements on copyright  [6]  . The idea-expression dichotomy as it stands envisages the freedom of the existence of ideas in the public domain as it involves dissemination of knowledge and therefore the encouragement of learning. This assertion has been seen to have been existing from the times of ancient Rome where Seneca had stated that ideas are common property and therefore cannot be protected  [7]  . In the case of Millar v. Taylor  [8]  wherein Judge Yates gave the dissenting opinion, stated clearly that the protection that was guaranteed under copyright laws was to print a set of intellectual ideas or modes of thinking or set of works. Therefore by not referring to a fixated material form the inevitable conclusion that forms is the fact that the dichotomy existed but as an abstraction. Another factor that is important to be seen is that there was the absence of patent law and therefore there would be no overlapping of rights of novelty or idea in such a case. This distinction that was created in a d issenting opinion was further diluted by the case of Emerson v. Davies  [9]  wherein it was stated precisely that there would be copyright in a plan, arrangement and combination of materials for an author and in his mode of illustrating his subject if it is novel. Therefore, the added criteria of novelty and the usage of words of arrangement and combination clearly dilutes the gap between idea and expression further. In the case of Lawrence v. Dana  [10]  the court said that the author of a book has as much right in the plan, arrangement and combination as he has in his thoughts sentiments and reflections. In this regard it is stated that there came a point in the history of copyright law wherein the dichotomy had been diluted and ideas were treated at par with expressions. The jurisprudence with regard to copyright law was set straight with the decisions of Burros-Giles Lithograph Company v. Sarony  [11]  and the origin of the doctrine was marked in the cases of Baker v. Selden  [12]  and Holmes v. Hurst  [13]  . In the cases mentioned above it was seen that the court clearly drew a distinction by making two categories for works i.e. un-protected art in protected work and protected work  [14]  . Therefore I can be said that though the court did not clearly differentiate between ideas and expressions, there is a clear distinction that can be discerned through the usage of the words unprotected art in a protected work which gives shape to the demarcation of the Dichotomy. This doctrine was given definite form and used in cases  [15]  after Holmes v. Hurst  [16]  where it was said that The right thus secured by the copyright act is not a right to the use of certain words, because they are the common property of the human race, and are as little susceptible of private appropriation as air or sunlight; nor is the right to ideas alone, since in the absence of means of communicating them they are of value to no one but the author The copyright dichotomy has spread across many jurisdictions, forming the fundamental axiom of copyright law in determining the copyrightability of a certain subject matter. Furthermore, it has served as an adjustment to accommodate Patent Law as well. There has since the origin of the theory been a debate over the justifiability of the doctrine. Justification for Copyright Theory The primary purpose of copyright law is to maintain the balance between provision of incentives to promote creative works on one hand and public interest on the other. The best possible manifestation of this statement is present in the United States Constitutions copyright clause which states à ¢Ã¢â€š ¬Ã‚ ¦.promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries  [17]   Therefore, in essence, copyright law is aimed at promotion of creativity and dissemination of creative works so that the public can benefit from it  [18]  . To reach this goal the authors are given incentives to create by virtue rights such as the right to profit and control their work. But it must be kept in mind that right of one against another essentially involves the abstinence from a certain right for another. Therefore, the provision of exclusive rights over one work would constitute a barrier to any others from using the same in his/her work  [19]  . This would lead to the achieving of a self defeating purpose. It is conventional to suggest that literary imagination is not s volcano of pure imagination  [20]  . In this regard if the purpose of copyright law was to give the author of an expression, exclusive rights over the idea as well the balance of copyright law would tip over to private rights rather than public interest. In the case of Eichel v. Marcon  [21]   the New York circuit court set forth this proposition very artistically and said If an author, by originating a new arrangement and form of expression of certain ideas or conceptions, could withdraw these ideas or conceptions could withdraw these ideas or conceptions from the stock of materials to be used by other authors, each copyright would narrow the field thought open for development and exploitation, and science poetry, narrative and dramatic action as well as other branches of literature would be hindered by copyright instead of being promoted. Another factor which strongly provides for a justification is that though copyright law provides for incentives for creation, it undermines competition which usually marks the efficiency of the market. By virtue of making even ideas copyrightable, there would be an increase in the cost of provision subsequently simply due to the fact that the subsequent author would seek to offset the cost of the license to the public. The idea expression dichotomy in copyright law finds its justification in the Utilitarian school of thought. The utilitarian school of thought has justified the existence of copyright law so as to induce innovation and intellectual productivity. The utilitarian thought, with their strong belief in, the greater good of the greater number, advocate the conferment of rights in order to strike a balance between the economic interests of right-holders and the greater interest of the public  [22]  . It has been set forth that utilitarian theorists argue that limited monopolies spur innovation, and in order to foster innovation the system must recognize exclusive rights in intellectual creationsrights which are limited in duration and scope  [23]  . The Idea/expression dichotomy seeks to provide for such a balance. By limiting the scope of giving rights to the expressions only, copyright law seeks to provide for the greater good which is the dissemination of ideas. By keeping ideas in the public domain and thereby giving public access on one hand to copyrighting expressions to provide incentive the goal of copyright law which is to promote creativity is achieved. In essence the Idea expression dichotomy imposes a limitation upon copyright law for the greater good  [24]  . In a situation where the ideas were also copyrightable the public access to such would be difficult leading to derogation of arts sciences and literature. Another factor that seeks to provide justification for this dichotomy is the Lockean labour theory. The theory has been used in many instances without regard to the proviso contained therein. The Lockean labor theory in brevity states that the laborer is entitled to the products of her labour, provided that there is enough, and as good, left in common for others  [25]  . This essentially again seeks to suggest a limitation of the exclusive right that is conferred by copyright. Moreover, it is asserted that there is reference to leaving ideas in the public domain by suggesting that enough as good is left in common. Therefore, the statement in short seeks to provide a justification to provide protection for applying labour to the abstraction (idea) which exists in public domain to give it a definitive form whereas exempting the idea (abstraction) itself. Therefore, copyright theory clearly provides for the distinct treatment of ideas from expressions in terms for what is to be copyrighted. This differential treatment therefore transforms into a distinction between copyrightable works and non-copyrightable works. Theoretically speaking copyright does elicit a dichotomy but the said dichotomy has been said to be troubled in light of the absence of any line demarcating an idea from an expression The problems shrouding the dichotomy : Criticisms It is set forth at the very outset that if the law of copyright does not or cannot effectively separate ideas from expressions, then it cannot be persuasively argued that ideas are not controlled by the law of copyright and thereby removed from free circulation in the public sphere  [26]  . The history of copyright law has viewed ideas and expressions as two different categories and has therefore made a line to distinguish the same. There have been many problems that arose in the past century with regards this distinction and its theory but this distinction has been retained. A district court in New York in the case of Steinburg v. Columbia Pictures Indus  [27]  explained the retention of this imprecise doctrine to be a result of no other better alternative. Ideas are human conceptions that have been represented. They are not abstract conceptions that exist independently waiting to be thought. The process of thinking of an idea involves giving it expression. Therefore, ideas are human conceptions and cannot exist independently of a way of conceptualizing i.e. essentially the expression. An idea is the substance of a writing whereas the expression is the form. The substance shapes the form and the form shapes the substance. Hence both cannot exist independently and have a complementary relationship. In essence what is implied is that there are no expressionless ideas. Therefore ideas never exist independently of an expression since the only way to conceptualize an idea is an expression. Though law creates a fictionary line between ideas and expression but in essence there can be no unexpressionless ideas  [28]  . Law in essences views ideas as abstractions or generalities and therefore distinct from expressions which are fixed in a me dium  [29]  . Though there have been many judicial pronouncements upon the existence of the dichotomy, but yet none of the courts have coherently put forth the definition and scope of idea or expression or the demarcating line between the two  [30]  . The dichotomy has been signified in many cases as ideas behind expressions  [31]   or underlying ideas  [32]  , but have neither gone onto clearly distinguishing the difference nor provided conceptual clarity with respect to the terms. Furthermore, the variety of terminologies that have been used seeks to provide a lack of clarity in this field. At the outset the creation of this demarcation involves a number of implications. Firstly, it has been asserted that upon scrutiny of a certain work there can be a number of ideas that are ascertained at different levels  [33]  . Therefore in the absence of any coherent definition and scope of idea or expression there would essentially be an imposition of a courts own value judgments  [34]  in answering the question of what is a idea or expression. Indian Courts have also seen the imposition of such a value judgment, specifically in the case of NRI Film Production Associates v. Twentieth Century Fox Anr  [35]  wherein it was alleged that the Hollywood production Independence Day was a copy of the film Extra-Terrestrial Mission. The court it was seen pronounced upon the point on infringement and while doing so imposed its own value judgments around the movie and came to the conclusion that there was no uniqueness regarding the same. Though it was seen in the case that the counsel for the applicants had vehemently agitated upon various novel conceptualizations but the court nevertheless found a distinction in the manner in which the script had been posed. Secondly the problem that is posed is that copyright recognizes infringement not only when there is a verbatim copy of the concept at hand but also when there is copy of the scheme of arrangement  [36]  . In this regard it is asserted that a writings idea has a great bearing upon the scheme of arrangement and other similarly placed matters. But, the judicial fiction of the Idea/expression dichotomy essentially groups the scheme and arrangement within the domain of an expression and consequently creating a conflict in the paradigm of the dichotomy. The courts essentially by virtue of this distinction have created two categories under ideas i.e. to say ideas that are un-protectable due to being abstractions and ideas that are protectable due to having a direct relation with the expression of the idea. Therefore it is concluded that there are inherent problems with the working of this dichotomy which is complex and intricate. The courts in their judgments have failed to define the abstractions (Ideas) and thereby differentiate ideas from expressions with the needed clarity so as to provide for a coherent judicial fiction. The Dichotomy in the Indian Copyright Act 1957 The Indian Copyright act has been established after the realization of the need of a new copyright law to replace the existing copyright law enacted by the British. It was felt that the Copyright Act of 1911 which was bought into application into the Indian Jurisdiction with adaptation as the Indian Copyright Act of 1914  [37]  . Since there was a fundamental difference in this constitutional situation post independence the legislature decided to bring about the Indian Copyright Act, 1957  [38]  . The principles regarding copyright law were settled when bringing a law regarding the same as the legislative intention embodied in the Statement of Objects and Reasons clearly states the reliance upon the Berne Convention and the Universal Copyright Convention  [39]  . Furthermore, by reference to à ¢Ã¢â€š ¬Ã‚ ¦.in light of the experience gained in the past forty years over the working of the act  [40]  it can be concluded that there is acceptance of the basic principles o f copyright law. The Indian Copyright Act does not contain any specific reference to the Idea/Expression Dichotomy but yet there is an implied recognition of the right. Section 13 sets forth the works in which copyright subsists and enumerates the following a) Literary, dramatic, musical and artistic work b) cinematograph films sound recordings. In this regard, to obtain clarity it will be expedient to look into the definition of all these types of works which have been provided under the Copyright Act as the subject matter of copyright. Artistic work has been defined under Section 2 (c) of the Indian Copyright Act  [41]  . In this regard if it is seen the nature of the section which is an inclusive and indicative definition shows central characteristics of being fixated and being concrete expressions of an artists creative edge. Furthermore, though the definition of Literary work provided in Section 2 (0) of the act eludes a specific form  [42]  , reference can be made to the definition of Literary Work as under the Berne Convention on Copyright  [43]  , which clearly requires literary work and all allied works under the definition to be in form of an expression. Furthermore, the definition of dramatic and musical work which have been provided for under sections 2(h)  [44]  and 2 (p)  [45]  provide for the external manifestation of the idea by way of fixating it in a medium as well as through the requirement of being an arrangement or scheme which is capable of being discerned. Therefore in this regard it is asserted that the definition of the different types of works which are the subject matter of copyright under Indian Law clearly through the nature of the definition show that expressions are the only mode that is copyrightable and not ideas. This assertion can be justified with two points, firstly, the fact that the common characteristic running through all the types of works running above is that of a concrete fixated work. Secondly, all the illustrations mentioned in the definition clause clearly show another underlying scheme which is that there needs to be an arrangement of ideas and scheme of arrangement in the works that have been enumerated as the subject matter of copyright. Furthermore, the courts in India have identified the existence of the dichotomy and therefore not granted copyright to ideas  [46]  . There have been a plethora of authorities in this regard, but the settled position of law expressed by the Supreme Court has been in the case of R.G.Anand v. Delux Films  [47]  , the court clearly held that no copyright subsists in ideas, subject matter, themes, plots, legendary facts and only the original expression of such thought or information in some concrete form is protected  [48]  . This is because law does not recognize property rights in abstract ideas and does not accord the author or proprietor the protection of his ideas  [49]  . While pronouncing the judgment the Apex Court looked at various decision from U.S. and U.K like the case of Donoghue v. Allied Newspapers  [50]   This at any rate is clear, and one can start with this beyond all question that there is no copyright in an idea, or in ideas. If the idea, however brilliant and however clever it may be, is nothing more than an idea, and is not put into any form of words, or any form of expression such as a picture or a play, then there is no such thing as copyright at all. It is not until it is (If I may put it in that way) reduced into writing, or into some tangible form, that you get any right to copyright at all, and the copyright exists in the particular form of language in which, or, in the case of a picture, in the particular form of the picture by which, the information or the idea is conveyed to those who are intended to read it or look at it. The Supreme Court concluded by setting forth the law underlying copyright act by stating that the dichotomy did in fact exist. The court opined that an idea, principle, theme, or subject matter or historical or legendary facts being common property cannot be the subject matter of copyright of a particular person  [51]  . Therefore since the idea or the theme behind a work is not copyrightable, where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work, no question of violation of copyright arises. Conclusion The Idea-Expression Dichotomy that exists as a fundamental principle of copyright law essentially seeks to protect the expressions and not the Ideas behind the expressions. The case for securing protection to the expressions as opposed to the ideas remains entrenched deeply in the theory of copyright law. The doctrine got definitive form in the case of Baker v. Selden  [52]  and thereafter was affirmed in later judgment of Holmes v. Hurst  [53]  . Notwithstanding the justifications for the dichotomy, there has been much debate about the efficacy of the doctrine. Since the aim of copyright law is to encourage learning by giving incentive, by copyrighting ideas the whole aim of giving incentives stands nullified. The authors novel thoughts can be taken and adapted by subsequent authors of works. But on the other hand the dichotomy serves a dual purpose i.e. to say it helps in distinguishing copyright law from patent law which essentially protects novelties and on the other hand serves public interest by allowing dissemination of ideas into the public domain. This doctrine has been adapted into Indian Law, though not expressly through the statutory provisions. The doctrine has been derived indirectly from the provisions of the act since it forms the basic principles underlying Copyright Law. The courts in a number of cases have reiterated this dichotomy and clearly said that expressions in the form of arrangement, schemes of arrangement etc are copyrightable.

Galileo Galilei Essay -- The Tower of Pisa, On Motion

Galileo Galilei Galileo Galilei was born in the City of Pisa on February 15, 1564. Sir Galileo is the oldest out of his seven siblings (Hightower 10-11). The father of his, is a musician and a wool trader ("Galileo Galilei" par 1-3). As a boy he enjoyed music and painting. He was very intelligent for this age and he constructed mechanical toys for his own merriment (Hightower 10-11). His studies started at a Jesuit Monastery about at age eleven. By the time of age seven-teen he told his father that he wanted to be a monk. Due to his father's wishes he went to medical school, taken out because he didn't want Galileo as a monk ("Galileo Galilei" par 1-3). While in medical school he did poorly and thought his classes were boring. Later he dropped out and studied science and math with many people (Lauber par 3-4). Then he studied much more objects in his lifetime and loved to learn (Hightower 10-14). Soon he achieved this college education but didn’t get a degree (â€Å"Galileo Galilei† p ar 1-3). In the time when he was studying medicine, he made a very important science discovery that started his career. One day at church service on Sunday he looked up at a lamp and the lamp was swinging on a long cord back and forth. Its swing was very regular and he used his own pulse to measure the sing. He noticed even as the swing grew shorter the amount of time for a single was the same. Later he went home and conducted many experiments with different lengths and weights. Then he concluded that the string length affected the swing. Soon he created the pendulum and used the same principle to make a pulsilogia which is a device that measures your pulse (Hightower 17-20). Galileo's success didn't stop there. Just as like many other people Gal... ...o studied magnetism and perfected the compound microscope (Lauber 9-14). Galileo Galilei didn't stop with astronomy after the Pope made him stop and later he was put under house arrest for this. While under house arrest he died and was forgiven much later about this astronomy work by another Pope in the future which was emend. As a lifetime being a scientist he linked physics and astronomy with math, made a book of freedom of the scientific inquiry called Discourses and Mathematical Demonstrations Relating to Two New Sciences, and correctly defined uniform acceleration. He also set forth laws of falling bodies, devolved the mathematical theory of projectile motion, expressed numerous ideas about sound, heat, and light, the relation of mathematics to physics, role of experiment, and the problems of infinite signals in analysis of matter and motion (Drake par 1).

Gladiator Essay -- essays papers

Gladiator Directed by Ridley Scott, Gladiator is an epic tale of honor, love, loyalty and power. If you could only see two movies a year make Gladiator one of them. It is full of action, adventure, drama, deceit and love. Russell Crowe plays the Roman General, Maximus, who heads the Roman Army in their conquers of Europe and Africa under the emperor Marcus Aurelius. Maximus has served Rome for â€Å" two years, 264 days and this morning,† and is anxiously awaiting his release by the emperor so that he may go home and be with his dearly missed wife and son. But Maximus is more than a general to Aurelius, he is the son he should of had and the needed successor to the emperor. Aurelius has known that his true son, the devious, cold, and twisted Commodus, played by Joaqui...

Prejudice in Heart of Darkness: Racism is a Relative Term Essay

Heart of Darkness: Racism is a Relative Term Racism is a relative term. While many people argue that Conrad's novel, Heart of Darkness, contains the theme of racism, they tend to ignore the fact that this novel was written around the turn of the century. During this time period it was accepted practice to think of a black man as savage because that was how the popular culture viewed the African American race. If someone called a black man "savage" today, that someone would be considered a racist. Of course, this turn of the century view of blacks is inexcusable but it was the accepted norm of the time. The problem is that modern critics tend to apply modern thinking to all novels, including those written in a specific time period with beliefs different from today. These critics do not incorporate the context of the novel and simply rage forward with a directed, ignorant viewpoint, arguing from a more civilized stance. The definition of a racist has changed a great deal since the early 1900s, and we must consider this when analy zing any piece of literature. The problem arises when modern thinkers assume that we must continue to build on our ever-expanding knowledge instead of looking into the past and trying to relate to the accepted views of the time. To try to see racist tendencies in a text we need to know the definition of racism. The definition we use today is as follows: A racist apprehends that th... ...), Heart of Darkness. London. Penguin Popular Classics (1994). Nationalencyklopedin 15 PAS-ROJ (1994), Engstrà ¶m, Christer (red.). Hà ¶ganà ¤s. Bokfà ¶rlaget Bra Bà ¶cker. Works Consulted Cox, C. B. Conrad: Heart of Darkness, Nostromo, and Under Western Eyes. London: Macmillan Education Ltd., 1987. Guetti, James. 'Heart of Darkness and the Failure of the Imagination', Sewanee Review LXXIII, No. 3 (Summer 1965), pp. 488-502. Ed. C. B. Cox. Watts, Cedric. A Preface to Conrad. Essex: Longman Group UK Limited, 1993. Notes: 1 Nationalencyklopedin 15 PAS-ROJ (1994), p. 431 2 Conrad, Joseph, Heart of Darkness (1902), p. 7 3 Conrad, Joseph, (1902), p.25 4 ibid, p. 73 5 ibid, p. 51

The History of Establishment of Bank of Lebanon

Following the downfall of the Ottoman Empire in September 1918, the Turkish Pound was replaced by a Sterling based Egyptian currency as legal tender in the states under the French and British mandate. The Egyptian Pound was issued by a private British institution, the National Bank of Egypt, and had been previously used by the British, since much of their supplies were from Egypt. After taking Lebanon and Syria under its mandate, the French government sought the substitution of the Egyptian currency in order to alleviate the burden on the French Government in covering its expenditures in Egyptian Pound, and to assert its independence from the British. However, the use of the post war French Franc would have further exhausted the French Treasury. The alternative was to grant a commercial bank the exclusive right to issue a currency for the States under Mandate. The Banque de Syrie, a French company affiliate of the Ottoman bank, was established in 1919 with an initial capital of FF. 10 million, later increased to FF. 25.5 million. Of its 51 thousand shares, about 22% were owned by the Ottoman bank and 78% by French shareholders. 1924-1964: The Banque de Syrie et du Liban In January 1924, a convention was signed between the Banque de Syrie, and Lebanon and Syria as States under the French Mandate, following the constitution of their national government. As the political status of Lebanon evolved, the Banque de Syrie, which was to act as the official bank of the states under the French Mandate, was renamed the Banque de Syrie et du Liban (BSL). BSL was granted the following privileges by the 1924 Convention including: The sole right to issue the French-based-Lebanese-Syrian currency in Lebanon and Syria for 15 years, at FF. 20 to the pound. These could be redeemed at the main office in Paris or its branch in Marseilles. Special rights regarding securities pledged as loan guarantees The sole custody of government funds Preference for its services with local governments The issue of the Lebanese-Syrian currency were governed by the 1924 Convention and covered by: Gold and convertible foreign government bonds Mandatory French Franc interest earning deposits Other (optional) French Franc demand deposits Claims drawn on or guaranteed by the French government Two years before the expiry of the 1924 Convention, BSL's privilege to note issue a Lebanese currency in Lebanon, separate from the Syrian currency, was extended for another 25 years by the 1937 Convention, ending in March 1964. The notes issued by BSL were no longer subject to a ceiling but were subject to an obligatory and optional coverage. They were of two series; one carrying the name â€Å"Lebanon† and the other â€Å"Syria†, but both could be used indiscriminately in either state. Although the currency was Lebanese in name, it remained a disguised French Franc, until 1941 when it was linked to the Sterling Pound after the defeat of France and the invasion of Lebanon by the allied forces. However, the coverage of the Lebanese Pounds issues was still in French Francs, which was constantly depreciating or devaluated. Lebanon was to collect any loss in the value of its assets in French Francs covering the issue of Lebanese notes by the Franco-British agreement of 1944. The corresponding burden on France and Lebanon's will to achieve monetary independence, necessitated a dissociation between the Lebanese Pound and the French Franc. Following its independence in 1943, Lebanon concluded a monetary agreement with France in 1948 separating its national currency from the unstable French Franc, and asserted the independence of its monetary system by promulgating the Monetary Law of 1949.Concurrently, the distinction between the Issue Department and the Commercial Department was fully effected. In April 1963, a commercial bank, the Societe Nouvelle de la Banque de Syrie et du Liban s.a.l. was created to replace the Commercial Department, and in April 1964, the Issue Department was transformed into the Banque du Liban. Banque du Liban (BDL) was created by the Code of Money and Credit enacted by decree no. 13513 dated August 1, 1963. It started its effective operations on April 1, 1964. BDL is a legal entity of public law enjoying financial and administrative autonomy but is not subject to administrative regulations and supervisions applicable to the Public sector. Its initial capital was LL.15 million, an amount appropriated by the State. BDL is the sole custodian of public funds and is vested by law the exclusive privilege of issuing the national currency. BDL includes an administrative body and a managerial body, as well as other specialized entities. The Government Commissariat supervises it. As stipulated in article 70 of the Code of Money and Credit, the Banque du Liban (BDL) is mainly concerned with the safeguarding of the currency in order to ensure a basis for sustained social and economic growth. Its basic responsibilities specifically include: safeguarding the currency; maintaining economic stability; maintaining and safeguarding the soundness of the banking system; Developing the money and financial markets. To fulfill its major functions, BDL cooperates with the Government to ensure exchange rate stability, control liquidity, impose credit restrictions, and issue banking regulations. Cooperation with the Government involves coordination of fiscal and economic policy measures to ensure a certain harmony between its objectives and those of the Government, suggestions benefiting various economic variables to promote economic growth, and advice on issues regarding the Lebanese currency. Exchange rate stability entails the use of all measures BDL sees appropriate specifically intervention in the market to buy and sell foreign currencies. The control of liquidity involves changes in discount rates, loans granted to banks and financial institutions, intervention in the foreign exchange market, open market operations, imposition of reserve requirements on assets and/or liabilities as well as penalties for shortfalls in their formation, and/or the receipt of deposits from banks. It can also affect the volume of credit and the general credit situation by determining the volume of certain types of credits, credit granted for specific purposes, credit granted for specific sectors, and setting the terms and regulations of credits. BDL can issue regulations to ensure the soundness of the banking system. It can set, in consultation with the Lebanese Banks Association, regulations governing the relation of banks with their customers, and banks liquidity and capital adequacy. It has the power to regulate asset to liabilities ratios on all or selected banks to be met at a date specified by BDL. Banque du Liban (BDL), the central bank of the Republic of Lebanon, was created by virtue of Law No. 13513 dated August 1, 1963. Banque du Liban is a separate public legal entity – not a governmental department – and is vested with financial and administrative autonomy. The management of the BDL is undertaken by a Governor assisted by four Vice-Governors, all together constituting the Governorship of the BDL, as well as by a Central Board chaired by the Governor and composed of the Vice-Governors, the Director-General of the Ministry of Finance and the Director-General of the Ministry of Economy and Trade. The Banque du Liban is the sole custodian of public funds, supervises and regulates the banking system and is vested by law with the exclusive authority of issuing the national currency. The BDL†s primary role is to safeguard the currency and promote monetary stability, thereby creating a favorable environment for economic and social progress. The Banque du Liban also advises the Government on various economic and financial matters. In conducting its monetary management function, Banque du Liban utilizes a wide range of instruments, including reserve requirements on Lebanese Pound deposits with commercial banks, liquidity requirements on US Dollar deposits in commercial banks, Treasury Bill repurchase and swap agreements with commercial banks, as well as Lebanese Pound denominated certificates of deposits issued by the BDL. As a result of high inflation prior to 1992, the Lebanese economy became substantially dollarized. Since October 1992, monetary policy has been targeted at stabilizing the Lebanese Pound exchange rate and controlling the inflation rate and money growth. The return of confidence in monetary stability and the high returns on investment in LBP-denominated financial securities led to a significant decline of the dollarization of the economy and to a build up in foreign exchange reserves. The Banque du Liban is managed by the Governor who is assisted by four Vice-Governors, as well as by the Central Council. The Governor is the legal representative of the Banque du Liban, and has extensive authority on the management of the Bank. He is entrusted with the enforcement of the Code of Money and Credit, and the implementation of the Central Council's resolutions. Upon the proposal of the Minister of Finance, the Governor is appointed by decree sanctioned by the Council of Ministers, for a renewable six- year term. After the consultation with the Governor and upon the proposal of the Minister of Finance, the Vice-Governors are appointed by decree sanctioned by the Council of Ministers for a renewable five-year term. They assist the Governor in managing the Bank, carrying out functions specified by the Governor. In addition, they assume their duties as members of the Central Council. The Central Council sets the monetary and credit policies of the Bank, including money supply, and discount and lending rates. It discusses and decides, among other things, on issues concerning the banking and financial sectors, the establishment of clearing houses, the issuing of currency and on loan requests by the public sector entities. The Council decides also on the rules and procedures that govern the staff and operations of the Bank, and on its annual budget and accounts.

Legal and regulatory environment

The basic principle in revenue enhancement is that the income is always taxed at the situs of taxation. This agency that income is usually taxed at the source of the income. all time income, as in this compositors case, is acquire in a France and in Austria thus the taxing potentiality of that argona has the correctly to collect tax on that complete income. It must(prenominal) be important to immortalise that the right to tax the income agnize is provided for the real(a) realized income. It is thorough in taxation that income that has not been realized such as stock dividends or bonds without mother do not fall chthonian income for purposes of taxation.Another important principle is that foreigners are also li able(p) for taxes under the topical anesthetic taxing authority under where they agnise their income. It does not basically follow that righteous because a person, in this case Frida, is a foreign national that she owes taxes to her field of citizenship. speckle she does owe her country of citizenship a real percentage of taxes, she is only liable(p) for the income that was realise exclusively within the taxing legal power of that country save in cases where she remits the income covering to her country and such is subject to another(prenominal) tax but not establish on income tax.In this scenario, Frida is liable to net income taxes to her country, chili, to her place of business, the United States, to the country where her chateau is located, France and if her bonds draw in whatever drop deads, Australia. The reason for this, as explained earlier, is that Frida is liable to the countries where she bring in her income. Since she is a citizen of Chile, she owes Chile each taxes on any income that she has earned in Chile. She is liable to the United States for any income that she whitethorn have earned there from her realized income from her Savings and medicate Corporation. Her liability in France is based on her incom e from the chateau that she owns there. Finally, in the particular that the bonds which she owns in Australia offer any return or interest yield, she has to pay the proportionate tot up of taxes to the local taxing authority there.The countries will only be able to tax Frida on the seat of the actual income that was realized within their jurisdiction. It is a fundamental principle of taxation that only income rattling realized can be the basis of taxation. In this case, France can tax the rental income generated from the chateau because it constitutes realized income. Any other income that is generated by Savings and Drug Corporation is taxed in the local taxing authority where the income is generated. It must be remembered also that Frida is not of necessity liable to any of these countries wherein the Savings and Drug Corporation earns income because the corporation is a specialize juridical entity that is taxed separately from the individual. She is only liable for the in come which she personally received from the company. This is usually at the head office of the corporation.As previously mentioned, it is a principle in transnational private law that the local taxing authority has the right to tax any income that is generated within its jurisdiction. By doing any screen of commercial or business proceeding in a foreign jurisdiction that earns income, an entity is supposed to pay the proportional amount of taxes to the local authority. This is under the principle that a benefit was gained from the business in that country to which the local taxing authority has a right to exact taxes from.Finally, in the case of double taxation treaties, the taxes that have already been collected on income generated abroad is loosely not taxed again by the ingleside country. In case the double taxation treaty provides that income once taxed in a foreign jurisdiction is no long-run subject to local taxes then the income that Frida earned in the United States an d France can no longer be taxed in Chile or in current cases be reduced according to a certain table.ReferencesHoffman, Phillipe and Kathryn Norberg (1994), Fiscal Crises, Liberty, and Representative Government, 1450-1789, p. 238.Zelizer, Julian E. taxing America Wilbur D. Mills, Congress, and the State, 19451975. Cambridge, U.K. Cambridge University Press, 1998.Dick Netzer, Economics of the billet Tax (1966) J. F. Due, Government Finance (4th ed. 1968) C. S. Shoup, humans Finance (1969) H. M. Groves, Financing Government (7th ed. 1973) C. Webber and A. Wildavsky, A History of Taxation and Expenditure in the Western World (1987).

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.