Anchoring Effect Essay

Introduction In real life, decisions made by individual are easily deviated from the judging criteria, showing the behaviors of bounded rationality. Simon indicated that â€Å"the bounded rationality is a property of an agent or a person who makes decisions that behaves in a manner that is nearly optimal with respect to its goals and resources. (Franco 2009) This is because of, firstly human being have limited discernment and cognitive ability, also human are unable to know everything; secondly the environment is complex, when people face the complicated and uncertainty would, information is not complete due to vast uncertainty choice. Moreover, the rationality cannot play a role because of people are likely influenced by different situations. The report would analyze three concepts which are mental accounting, anchoring effect and conjunction fallacy to help to generate a better understanding of bounded rationality. Anchoring effect: Behavioral economics is on the strength of the science of judgmental heuristics that could be to depend on reflexively by people. According to Furnham that heuristics are characterized as an ‘intuitive, rapid, and automatic system’ which ‘reduce the complex tasks of assessing probabilities and predicting values to simpler judgmental operations’ (Furnham 2010)The anchoring effect is one of the cognitive heuristics. Anchoring effect is a bias which people easily rely on the information of first impression as reference frame when making decisions. The first piece of information or previous information, as an anchor, could affect current performance; that information might be not highly applicable to the information judgment or even irrelevant thought. Also personal attributes and characteristic which are more deemed to an anchor are fixed and constant. The other respondent is a salesman in a Sony store. Last week I went to city Sony store, a customer who looks like a student was looking for a brand new computer. Firstly one shop assistant briefly introduces different type and function of computers, the student expresses a strong purchase intention. Then the shop manager came and provide more detailed introduction of computer’s performance. Finally this student made her choice and started  bargaining. Stalemate in their time, the shop manager said he is going to report to their boss to find out whether she can get more discount. After few minutes he walked up and said that is the lowest price, what they can do is offer her some gifts. The student was very satisfied and made payment. At this point, the computer engineer came when started to install the computer, and told her whether  she needs a protection film to protect the screen, otherwise it is easy to scratch, also keyboard cover etc. The student felt make sense. At the end, she not only purchased computer, but also some accessories. This is typically anchoring effect. Customer would feel sensitive if the shop manager promotes those accessories before they purchase computer, they might increase bargaining power and would not easily pay. However after customer paid for computers, they are willing to accept accessories because they feel accessories is relatively cheap compare to the expensive computer, moreover they do need these accessories. In general, the numbers which initially provide would affect consumers’ answer. Experienced salesman always offer a higher price before bargaining, accordingly a higher anchor exists in people’ mind. Seller fetches higher price even that consumer try to bring the price down. There is another example, which is when a business launches a new product, they will carefully discuss the positioning promotion plan, such as which good shelf the products should be placed in. If a new drink is published and placed beside Coca Cola and Pepsi, consumer would accept its high p rice and visa versa. Anchoring effect is everywhere and inevitable. So how to avoid falling into anchoring effect can help consumer become a better financial planner. Firstly, putting forward an affordable price at the start when negotiation, with the purpose of offering an anchor to the seller. Besides buyer should notice that the loss of could not sell products is much more than the loss of a low price deal for seller. However refusing negotiate is a more wise than bargaining when face an unreasonable high price, it helps consumer to build a hopeful reference standard. Mental Accounting: Mental accounting was proposed by Behavioral Science Professor Richard Thaler, he believes, â€Å"mental accounting is the set of cognitive operations used by individuals and households to organize, evaluate, and keep track of financial activities.† (Thaler 1999)In other words, except financial accounting, there is another managerial accounting exist in people’s mind, which called mental accounting, to influence people to make decision in real life. Consumers usually divide any expenditure and income of equal value into different accounts. For example, we usually put salaries into ‘hard to get rich’ account, regard annual bonus as an added gift, and put a winning lottery into ‘pie-in-the-sky’ account. The money in the ‘hard to get rich’ account is expensed precisely and carefully; for annual bonus, we often have relaxed attitude to treat it, for example, we might go to shopping center to purchase an expensive dress as a gift which are reluctant to spend money to buy at ordinary times. The money in the ‘pie-in-the-sky’ account is the most valueless, imagine that people who win five million dollars would become openhanded and extravagant. This is how  mental accounting works. My friend went to a fashion store and took a fancy to a very beautiful dress, but it costs about $320. She thought it is too expensive and gave up finally. But in her birthday party, her husband bought that dress for the birthday gift. It makes her very happy. In fact, her money and her husband money are the family’s capital, but why she feels different with the same money spending according to different reasons. This study finds that the expenditure of mental accounting can be divided to four parts, which are daily necessities expenditures, home contribution expenditures and personal development expenditures, expenditures of emotional connection and recreational expenditures. According to irreplaceable of mental accounting, $320, as daily necessities expenditures, is too expensive to purchase a dress, however, the husband purchase it as a birthday gift which can be treated as expenditures of emotional connection. This amount of money can improve their relationship, so rewards are priceless. Consequently, people are willing to accept gifts  from their family or friends, but they will not purchase for themselves. According to above example, emotional connection and interpersonal relationship is significantly important for human beings, the investment of emotional for people is much more than other expenditures in everyday life. As a consequence, merchants could use these different festivals such as mother’s day, Christmas etc. to gain bigger sales. For example, a beautiful wrapped chocolate in Saint Valentine’s Day, coupons in Christmas, these special offers is negligible for merchants, but it can attract more consumers’ attention. In usual, most of us could be influenced by mental accounting; we have different attitudes to handle the equivalent value of money, hence different decision comes out. From the point of view of economics, there is no any difference among salary, bonus and lottery, but people make three different decisions when spending them. Conjunction fallacy: Tversky and Kahneman believe that the representativeness heuristic is a means of assessing the probability of an uncertain event or the value of a quantity by comparing it to a mental model (Berendsen 2012) Conjunction fallacy is one of the result that causes by representativeness heuristic, which states the declare that there are two independent events, the probability of both events will happen cannot be higher than the probability than one of the events alone will happen. I made 20 questionnaire surveys and handed into Finc6013 lecture. The question is that ‘the probability of healthy man who have heart disease is higher’ or ‘the probability of healthy men who are over 55 years old and have heart disease is higher’. There are 6 students chosen B and only 14 students chosen A. I was surprised that the result of this question is against the results of Linda problem. People think an event with more materials and details is more likely to happen. In fact it was not the case; every added detail makes things uncertainty. Two events can be happened  independent or conjunction, the probability of conjunction events happened cannot higher than the probability of any independent event occurs. However in reality, people sometimes linked probability and quantity together by mistake when making decision, they consider that there is a higher probability of conjunction events. According to the investigation result above, there are three reasonable defenses for conjunction fallacy. Firstly the representativeness heuristic is identified as the cognitive tools valid for evaluating subjective probabilities. The conjunction fallacy is attributed to the representativeness heuristic. It states that if the probability that the event is included in a classification is decided by how representative the event is of include in this classification. Consequently the conjunction fallacy proceed when the combination events is rated as more representative of the aimed classification than either the event alone. Conjunction fallacy can be occurred both in situation whether heuristic is applicable. Hence conjunction fallacy might have no any relationship with the heuristic. Secondly, there is an argument that informant misconception the investigative mission representatively used to study the phenomenon when investigator is doing survey. However it is undeniable that there is value for the investigation, for example some high quality levels of conjunction fallacies are surveyed, and misinterpretations are appropriately controlled in the survey. Thirdly informants are likely to use an incorrect rule to gibe rise to conjunction fallacy happen when associating the probability of single events. There are some experimental results shows those informants assume the probability of conjunctive events is equal to the weighted average of the probability of event alone. Therefore if the probability of even A is rated to be greater than the probability of event B, but lower than the probability of event C, informants might debate that the probability of conjunction event A and B is lower than the probability of event A, however meanwhile they consider the probability of conjunction event A and C is greater than the probability of A. This is regard as conjunction fallacy effect. The reason is informants use an incorrect rule for combining probability. Conjunction fallacy is increasingly questionable, it is common phenomenon though when people making decision in reality. On the basis of the  characteristics of perceptual selectivity, the characteristics of information are more distinct and stimulation is stronger, people are more sensitive to their perception. Moreover, situational circumstances can influence human’s perception. Because decision making is conducted on the basis of human’s perception, the general and specific information and situational circumstances play a significant role on people’s decision making behaviors. (Nilsson 2010) Conclusion: Although science and technology are advancing, and research measures of human being is always improving, to some extent, mental process stays at hypothetical stage up to now. This report discussed three decision making trap which are mental accounting, anchoring effect and conjunction fallacy. No matter which decision people try to make, it is important that they are supposed to search more information to choose the best alternatives, then they are able to gain experience through every decisions. Reference: Berendsen, A., Hadilich, S. and Amersfoort, J. 2012, Looking at â€Å"Linda†: Is the Conjunction Fallacy Really a Fallacy?, viewed 27 March 2014, Franco, R. 2009, ‘The conjunction fallacy and interference effects’, Journal of Mathematical Psychology, vol. 53, no. 5, pp. 415-422, viewed 30 March 2014,ScienceDirect, Furnham, A. 2010, ‘A literature review of the anchoring effect’, The Journal of Socio-Economics, vol.

Analysis of Chapters 8 and 9 in Paradise of the Blind Essay

Write an analysis of how Chapters 8 and 9 explore the connection between culture, food and community The interdependent connection between culture, food and community is pivotal in the demonstration of the importance Vietnamese tradition in Paradise of the Blind. Chapters eight and nine focus on the importance of culture through family particularly evident in the way food acts as an expression of this culture. Food is also used to establish a sense of community, which is an important aspect in the Vietnamese culture. Food is presented as a direct reflection of a person’s wealth in Vietnamese culture. Limited in other forms of power, women like Aunt Tam can rely on materialistic objects, such as food, in order to display their wealth and earn respect. This is evident as one of the guests at the feast exclaims, â€Å"What a pleasure this evening has been. A sumptuous meal followed by such spellbinding stories. This is a blessing from heaven.† The use of words with strongly positive connotations, such as â€Å"sumptuous† and â€Å"spellbinding† displays the great degree of appreciation and thus importance that food has on Vietnamese culture. This idea is further emphasised with the reference to the Gods and ancestral beings through the use of the word â€Å"heaven†. Another example of food reflecting the idea of wealth is when another guest says, â€Å"A sticky rice flavoured with rose-apple juice! Why, it’s exquisite.† Aunt Tam responds to the compliment, â€Å"Oh please, will you stop it?† The use of the word â€Å"exquisite† again highlights the importance of food and its inherent effectiveness in delivering praise. The way in which Aunt Tam replies, almost rehearsed and clichà ©d, suggests that there was an unspoken expectation of praise and therefore respect in the original intention of the feast. The undeniable connection between food and wealth reflects the material-focused culture of Vietnam. Another idea that connects food to culture is the idea of the sacrifice, particularly in relation to food. Selflessness is a major part of Vietnamese culture and a certain amount of gratification can be achieved through sacrifice, which is shown in these chapters as sacrifice of food. Hang observes that Aunt Tam â€Å"ate almost nothing as if watching me gave her greater pleasure.† Aunt Tam’s sacrifice of her own wellbeing reflects the cultural idea that the strongest link between people is in family. Aunt Tam is willing, even happy to sacrifice her own well-being in order to cater for Hang. This idea of sacrifice can also be linked to the cultural idea of worship and fate, whereby it is believed those who perform good deeds in the present will be rewarded in the future. This idea of selflessness has evidently also affected Hang as she says â€Å"I played the part of the successful niece†¦ I smile dutifully at everyone. My lips stiffened into a permanent smile.† Although Hang is obviously uncomfortable, which can be seen through the use of words such as â€Å"dutifully† and â€Å"stiffened†, she continues to put on a faà §ade of happiness to please her Aunt. This reinforces the cultural idea of the strength of familial ties as well as the importance of sacrifice in solidifying these relationships. The practice of food preparation establishes a sense of community in the chapter. Food preparation appears to have a rehearsed, methodical quality which is evident in the line â€Å"The scene was lively but well-ordered as if all the feverish activity was directed by the iron hand of some invisible conductor.† The simile of the conductor draws a comparison of food preparation to an orchestra, thereby highlighting the importance of group collaboration. Furthermore, the juxtaposition of the â€Å"feverish activity† and its â€Å"well-ordered† nature suggests the idea of controlled chaos. Thus the great amount of activity that is required in the practice of food preparation can only be completed with the cooperation of each individual party. Finally, the unchanging nature of culture is shown to cause conflict within Hang’s character as she is caught in her desire to become a modern woman and her family’s strong links to cultural traditions. Hang describes the countryside as â€Å"Everywhere, an indescribable backwardness hung in the air, immaterial yet terrifyingly present: It would be like this for eternity.† This line suggests not only in restrictive nature of culture but also shows how difficult it is to shake culture. The use of the phrase â€Å"terrifyingly present† highlights the inescapable nature of tradition and the strong bond to which each individual in the book is tied to their traditions. The ideas of food, culture and community are explore in chapters eight and nine, particularly through the ideas of family relationships and its strong links to traditional Vietnamese culture.

SCIE210 Unit 1IP Research Paper Example | Topics and Well Written Essays - 500 words

SCIE210 Unit 1IP - Research Paper Example Every layer has its own unique biotic features of different kind of plants and animals. The floor of the forest is the bottom layer and it receives a little amount of sunlight of approximately 3% (Bush & Flenley, 2007). The only plants that can grow on the surface are those that can adapt to low light. It is relatively clear of any vegetation because of limited availability of sunlight. Lack of vegetation makes it easy for the movement of animals such as tapir, apes and okapi, and many other species of insects and reptiles. The surface also contains decaying matter from plants and animals, the growing of the fungi assist in decaying the waste. The second layer is understory layer, this layer lies between canopy and surface. This is the home of several birds, small mammals, predators, and insects. Examples are leopards, ring-tailed coati, boa constrictor, and several other living species. The vegetation is made up of herbs, shrubs, and small tress. The amount of sunlight that penetrates the layer is approximately 5 percent. To adapt to the environment, the trees at this level normally develop large leaves meant to trap large amount of sunlight (Bush & Flenley, 2007). The third layer is the canopy; it is the primary layer that forms a roof over the 2 remaining layers. It contains many largest trees, normally between 30 to 45 meters high. Evergreen trees dominate this layer. The densest areas of biodiversity are found in this layer since it supports rich flora such as bromeliads and mosses. Animals species found in this layer include African gray parrot, hornbill, monkeys, tamandua and many others (Bush & Flenley, 2007). The last layer is the emergent layer. This layer contains a few number of very tall trees that grow above the average canopy reaching up to 80 meters tall. Examples of such trees are Balizia elegans, Dipteryx

Modern Buddhism Research Paper Example | Topics and Well Written Essays - 1000 words

Modern Buddhism - Research Paper Example Certain fragments of Buddhism became a part of the mainstream, turned into a politically correct element of Hellenic Polytheism of the postmodern age. It’s a wonder, but many forms of the modified Western Buddhism have become the norm: they are re-exported to Asia and, to some extent, change cultures in Buddhist countries. Global Buddhism was the result of western penetration in Asia and western understanding of Asia. Buddhism gradually transformed into a global intellectual and spiritual resource, open to universal use. This paper is focused on the history of Buddhism, its transformation and western variant, spiritual and political leaders. Buddhism is practiced by 6-8% of the world population, which is much inferior to Christianity (about 33%), Islam (about 18%) and Hinduism (approximately 13%). Buddhism is mostly Asian religion: 99 % of Buddhists live in Asia, in the eastern part of it. General periodization of the history of Buddhism includes 4 stages: 1) canonical Buddhis m (from its origin in the 6th millennium BC to the reign of Ashoka Maurya (3 BC)); 2) traditional or historical Buddhism (from Ashoka to the mid / late 19th century); 3) modern or revival Buddhism (from the late 19th century); and, finally, 4) global Buddhism. ... They are well distinguished if contrasted to a dynamic segment. This contrast can be seen on the example of separation of western Buddhist communities into originally born Buddhists and converts. Tension between ethnic groups and neophytes is so obvious that many suggest existence of two branches of Western Buddhism - traditional, passive Buddhism of ethnic diasporas and dynamic, active Western Buddhism of neophytes. Buddhism in Europe was popularized by the Hungarian Tibetologist Alexander Csoma de Koros (1784-1842) and French Indologist Eugene Burnouf (1801-1852). Choma de Koros was just a lone researcher. Burnouf managed to create one of the most powerful Buddhist schools in the world. Burnouf studied Mahayana, translated and published Saddharma Pundarika Sutra in 1852. His main work is Introduction to the History of Indian Buddhism (1844). It contains translations of Sanskrit texts, as well as the first characteristics of Maha-Prajna-Paramita and Lankavatara sutras. He considered that the main benefit of Buddhism study is its contrast with Christianity thanks to which we can better understand the latter. Modern Buddhism became popular and widespread in America thanks to the Beat Generation and the Hippies who happily practiced this peaceful religion. The very combination of words â€Å"Buddhistic fundamentalism† seems irrelevant: compared with the Abrahamic religions, Buddhism has no concept of dogma, orthodoxy and heresy. Buddhism has no ontological dualism of righteousness and sin and, therefore, there is no sharp division into believers and disbelievers, chosen ones and infidels; there is no division of the world into dar-al Islam and Dar al Harb (territory of peace and territory of war). Buddhism does not claim a monopoly on truth. That’s why

Marketing principles and applications Essay Example | Topics and Well Written Essays - 1750 words

Marketing principles and applications - Essay Example In fact, a consumer can use the appliance even without reading the instructions leaflet. In opposition with other appliances of the same characteristics the particular coffee maker offers to the consumer the impression of being involved in a unique experience: a series of color icons, showing cups of coffee of different size, helps the user to decide the type of coffee preferred. Then, icons showing spoons full of sugar and coffee help the user to decide on the amount of coffee and sugar that should be used for the type of coffee chosen. Finally, an icon with cup of milk is used for showing to the user his potential to choose a cup of coffee with milk. Particular emphasis has been also given to the components of the appliance. High quality materials have been used ensuring that the flavor of the coffee is strong. In the context of the issues discussed above, the appliance chosen fully supports the firm’s mission statement, which focuses on quality, convenience and innovation, as described in the introduction section. 2.   Classify Company G’s products using the three-way consumer product classification system. The three-way Consumer Product Classification system is based on the following rule: products can be classified in three categories according to specific characteristics. Reference is made particularly to ‘convenience, shopping and specialty goods’ (Boone & Kurtz, 2012, p.352). The particular system is quite helpful for the development of effective marketing strategies (Boone & Kurtz, 2012, p.352). However, the system is also related to an important weakness: consumer preferences worldwide are not standardized (Ferrell & Hartline, 2010). In fact, differences can be identified in consumer trends even within the same market and in regard to the same product. For example, the performance of a product can be changed within the same market under the impact of severe turbulences in the global market (Ferrell & Hartline, 2010). In ge neral convenience products are those that are highly popular, at least more than shopping products which are not necessarily incorporated in consumers’ daily shopping (Boone & Kurtz, 2012). Moreover, specialty goods are goods of specific characteristics and, usually, of high price (Boone & Kurtz, 2012). Using the above classification system Company G’s products could be classified by referring to three categories: convenience, shopping and specialty goods. It should be noted that the Table refers only to the firm’s small appliances and not to all its products. The consumer factors involved in the classification process are presented in the first column. In the three other columns the relevance of the firm’s products to each product category is analyzed. A rounded rectangle is used for showing the product category to which the firm’s products are nearer; the blue color indicates a high relevance, the green color is used for showing an average releva nce while the red color shows the lack of any relevance. Consumer factor (Boone & Kurtz, 2012, p.352) Convenience products Shopping products Specialty products Time spent on identifying the firm’s products The firm’s products cannot be chosen instantly Thought is required before buying the firm’s products The decision-making process in regard to the purchase of the firm’s products may takes a lot of time Location of the firm’s products The firm’s products are not available in all retail stores The firm’

Narratives of Difference and Belonging Assignment

Narratives of Difference and Belonging - Assignment Example Interesting fact, illuminating statement, personal connection: An interesting fact mentioned in the article is that of the presence of the same set of things, starting from consumer products, to eateries, groceries, and shopping malls, which are seen everywhere in today’s globalized world. So there is a definite loss of individualism or uniqueness of a certain place, and one always ends up getting the same thing anywhere they go. This is something we are evidencing today in all parts of the world. There is always a McDonalds, a Cafà © Coffee Day or a Barista, and somehow the local flavor is slowly disappearing under the burgeoning pressure from these huge multinationals. I can personally connect to this observation, as wherever I have traveled looking for new things, I have always met these giants standing tall, dishing out the same set of standardized products. Author’s perspective/value position: The author feels that in this changed scenario of globalization and high-tech communication era, the youth needs to be first acknowledged as a source of power. Accordingly, their education should be offered in a different manner, inculcated with new values that would be more fitting in this hybridized world. To make this effective, the educators have to change their mindset or else as the author comments â€Å"We need new ways of thinking of and working with kids, otherwise we will become irrelevant as we produce education for categories of kids that no longer exist in the postmodern world† (Besley, 74). Validity/usefulness of the article for thinking about issues of cultural diversity: This article is very important in today’s context, as it speaks of the new age culture that we can see all around us.

History of art-Apadana Palace in persepolis Research Paper

History of art-Apadana Palace in persepolis - Research Paper Example The construction of the palace took thirty years to be complete. We can therefore, consider Apadana Palace as falling in the category of architectural complex, with regard to type of artwork. The materials used in the construction of Apadana Palace include stones and wood. Apart from the overall architectural works, other techniques were also employed in developing Apadana Palace. For instance, there were various carvings as part of the Apadana Palace. Apadana Palace stood to the right of the gatehouse in Persepolis. Overall, most archaeologists estimate that this building could have accumulated close to 10,000 people. The roof of Apadana was supported by enormous stone columns. Of these columns, 36 were interior columns, and another 36 offered support to the building’s verandas that were found on three sides of the building. This is a total of 72 columns. However, presently, only 32 of these columns remain standing. 13 of the destroyed columns still hang in the remnants of this building today. Each of the columns was 20m tall and was topped by an elaborate capital. There are also double-headed animals at the top of the capitals, and these used to support wooden roof beams, which have since been destroyed with time. Leading to the entrance of Apadana were monumental staircase that were well decorated with elaborate sculpture in relief (Iran Chamber Society Web). Nonetheless, judging from the relief sculpture, this could be considered to represent the ceremonial procession that happened when representatives of countries that had been conquered by brought gifts to the King. The Apadana Palace was built by Darius. However, after the death of Darius, the son of Darius; Xerxes completed the construction of the building (Mousavi 17). The Apadana Palace was built in order to serve official purposes in the empire. Persepolis was the ceremonial capital of the Achaemenid Empire; hence this was the right location for

Supply in Health Care Essay Example | Topics and Well Written Essays - 500 words

Supply in Health Care - Essay Example ic interest is heavily invested in it because human life or health is at stake so that the sector is often seen as insulated from traditional market forces (Feldstein, 2011, p. 513). Issues of morality and ethics, hence, are included as drivers of the supply and demand. In addition, public policy in terms of the organization and regulation of medical services has also been increasing in the United States, which is highlighted by the flagship universal healthcare program of the Obama administration. On the supply side, one can say that economic forces are present and significant. For instance, there is the case of projected physician shortage in the United States. According to Snyderman, Sheldon and Bischoff (2002), this would have serious ramifications, limiting access to healthcare dramatically (p.168). In purely economic terms, once the supply is scarce and demand is high, prices for physician services could inevitably rise. This is demonstrated in the manner by which anesthesiologists could demand high fees. The skill set involved is very important and, hence, hospitals and patients have very little choice but to pay for them. This is highlighted by the fact that in some areas, anesthesiologists have banded together into groups and associations, enabling them to monopolize and dictate standard prices for their services. This is what Getzen (2010) referred to as control over supply in this submarket, wherein professional associations has increased profits for members (p.177) All in all, the price of physician services, as Feldstein stressed, will rise in response to fewer supply of physicians, according to the principle of supply and demand, or vice versa through the impact of competition (p.398). Elasticity for this submarket, hence, could be elastic or inelastic. In a highly competitive condition, it could be elastic whereas in instances wherein no close substitutes are available such as in the case of a monopoly by professional groups or a sheer scarcity of

Contemporary International Relations Essay Example | Topics and Well Written Essays - 3750 words

Contemporary International Relations - Essay Example It is then an attempt to the resolution of such disputes, the experts and philosophers presented different possible theories that can explain the said case. The most prevalent of such theories are the theory of the clash of civilization and the theory of the clash of fundamentalism. These theories pointed out the possible reasons for the conflicts that had been occulting in relation to the contemporary International Relations. Upon the determination of the said theories, it can be considered that the problems, conflicts and disputes that are being faced by the international community can be resolved. To be able to determine the feasibility of the two theories, it is important to determine the issues that are covered by the two theories. Upon determination of the background information regarding the said concepts, a comparative analysis can be undertaken. There are different views that can be related to the Clash of Civilization. The most common and dominant of which are the views of Samuel Huntington and Bernard Lewis. Generally, the theory of the Clash of Civilization is aimed to explain and analyse the different conflicts that can be observed in the contemporary era specifically in the international community and the relationship among nations. Samuel Huntington presented the Clash of Civilization as a view on the International Relatio... Specifically there factors are considered as the main reasons for conflict in the international community according to the theory of Huntington which is founded on the different events and scenarios in the political and economic world. In addition, the said theory is a presentation in relation to the work of Francis Fukuyama's work (Huntington 1). On the basis of his view then, differences can arise on the basis of cultural backgrounds. The differences and the individuality along with other sources of differences that can be related to the culture and traditions of the people can considered covered even the different philosophies, language, history and religion. In general, he referred to civilizations as the highest form of the said grouping. The civilizations divide the world into different groups. The Western civilization though is one of the most evident, thus, in terms of the view with regards to conflict, the nations that are included in the West are commonly included and often seeking allies from different regions (Huntington 1). Such view then can explain the division of the contemporary era, the west and the eastern civilization. Although there are other civilizations, the clash in the present era commonly involves the Western civilization and the area wherein the Muslim religion had originated. This can be related to the other theory which is the Clash of Fundamentalism. Bernard Lewis' View The view of presented by Bernard Lewis can be considered as the earlier one, basically due to the fact that the term can be traced from the study that he had undertaken and presented that was entitled The Roots of

Multinational Command Relationship Assignment Example | Topics and Well Written Essays - 500 words

Multinational Command Relationship - Assignment Example All the operational aspects will be handled by the US TACON Commander. The constraints that might be difficult to coordinate within the council itself include coordinating the various military branches to act in accordance with each other against the SAPA in Ahurastan. The most likely outcome, with constraints being placed on the ability to define the C2 solution—would have to be complete deference to the TACON commander, who would be in charge of the entire operation. This is so that the operation can be run smoothly—and, possibly remotely—from a secure location whereby U.S. Special Forces can control the entire situation or at least influence it to some degree. Undoubtedly, the U.S. Special Forces will basically control the entire solution, in effect.  The United States has one of the most well-equipped and capable militaries of any superpower country—and in fact, it is the world leader in these types of military operations.   Basically, every countr y must defer to the United States because it is in control of this entire mission.   There are two advantages to this:   a) the United States has a large military arsenal from which it can draw supplies as well as recruit troops; and b) the United States can have full control over whatever is happening, thereby making this an operation which will be acted upon in the U.S.’s best foreign policy interests.   The two disadvantages to such coordination might be:   a) the fact that these countries do not want to be told what to do by the United States, i.e., it may be a power play move on the behalf of the U.S.; and b) secondly, military intervention by the U.S. could very much well look like another occupation of a foreign Asian country—like Afghanistan.   To put the second point into layman’s terms, it could also look a lot like the Shock and Awe Iraqi invasion of 2003.   The multinational command structure is designed so that all parties can refer to t he United States before they take action.

The most energy Essay Example for Free

The most energy Essay Make sure its on the same flame all the time.   Make sure its the same amount of water all the time (20cm )   Make sure the Bunsen burner isnt too close to the test tube. Stir the water before taking the temperature.   Always weigh the crisp each time. RISK MINIMISING RISK Burning bench Use bench mats Tripping over stools or bags Stools and bags under benches Burning of hair Tie hair back Damaging of eyes Wear safety goggles Paper setting alight Tidy desks, clear of paper Burning or scolding hands Use tongs and set Bunsen burner to safety flame Accuracy and reliability This experiment is fairly accurate but not 100%. To prove the reliability of the experiment we decided to do 3 trials of each crisp type and set to an average. The reliability is good also if you make sure its a fair test. Results 1. Crisp type: Cheese and Onion French Fries. Results 3. Crisp type: Ready Salted Hula Hoops Trial no: 1 2 3 Average Mass of crisps (g) 0. These results look fairly reliable, the mass varies quite a lot between each crisp type as the Peak potatoes crisps on average are 0. 26g and the Walkers Lite are 0. 75g. The temperature increase has turned out very high compared to the other crisps, but this is probably because it has a higher fat content than the rest. The equation to find out how much ENERGY RELEASED from 100g of crisp. Mass of water (20cm ) X Temp difference X 4. 2 = Energy Released J/_______g J/________g mass of crisp (J/1g) X 100 (J/100g) 1000 (KJ/100g) = Energy Released from 100g of crisp KJ/100g. Average Energy Released per 100g French Fries: 1 7 Peak Potato: 56 + 115. 2 +90 KJ/100g = 261. 2 3 = 87. 1 Ready Salted Walkers: 240 + 247. 8 +108. 6 KJ/100g = 198. 8 3 = 198. 5 Hula Hoops: 36 French Fries Peak Potatoes Hula Hoops Walkers Lite 144. 7 KJ/100g 87. 1 KJ/100g 348. 7 KJ/100g 198. 5 KJ/100g Analysing and Evaluating my results. There is no pattern in my graph that I can see, the highest average energy released is Hula Hoops, and this is strange because the highest fat content is Walkers with 34g whereas Hula Hoops is only 28. 1g. I predicted that the crisps with the highest fat content will release the most energy, but this is not true because of my anomalous results. My method could have been a bit better by being more accurate. If I was to do this again I would redo the Hula Hoops and Walker Lite to make sure they are completely accurate. Im not sure how theses anomalous results occurred it could be my calculations or results that are inaccurate. I could extend this investigation by looking at different the sizes of the crisps and how much energy they release or a different food similar to crisps. From my results and the manufacturers results I can see there is a big difference this is because the manufacturer uses a calorimeter. The body uses energy to conduct vital functions and maintain itself at a constant temperature. By using a Calorimeter scientists have established the amounts of energy in the bodys fuels-carbohydrates, fats, and proteins. When you read the nutritional information on the foods packets you buy, the amount of calories in the food are stated. This is not the total energy in the food, but the amount of biologically available calories, i. e. the amount of energy in the food that your body can metabolise. A calorimeter of the type invented by Rubner is used to obtain these measurements. The manufacturer most likely used a calorimeter to measure the energy value in their crisps. This would have been tested many times under very controlled circumstances. In a calorimeter, all the heat given off by the food is transferred to a known quantity of water, which rises in temperature. It takes 4. 2 joules of heat to raise the temperature of 1g of water by 1oc. I think I have anomalous results because of the way I held the walkers crisp as it is the only odd one; I think that maybe where the tweezers were holding the crisp. The results on my graph are meant to go up in a straight line but it doesnt as the Walkers crisps result is out of place. From my results I can see my prediction is heading in the right way. The crisps with the highest fat content are Hula Hoops with 34g and I predicted that this would have the highest amount of released energy which would be true if my Walkers results were correct. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our  GCSE Electricity and Magnetism  section.

Research on New Zealand Tasman Glacier

Research on New Zealand Tasman Glacier New Zealand has a large number of glaciers, majority of these being located in the central Southern Alps of the South Island. In the South Island alone, there are over 3,100 glaciers (McSaveney, 2007). New Zealands largest glacier The Tasman Glacier, is located in the Southern Alps and it known to be the largest glacier in New Zealand. Since 1973, the glacier has been retreating progressively at a distressing percentage and it is predictable the lake will reach its maximum capacity within 10-19 years (Massey University, 2008). Thus, it is estimated that the glacier will eventually disappear (Mastny, 2000). In the 1950s, the process of the retreat began and there was a rapid expansion in the surrounding lake as the glacier began to melt (Kirkbride, 1993). The purpose of the laboratory was to use a stereoscope to view images of the Tasman Glacier in a 3-Dimensionial setting and then produce a geomorphic sketch of the region. From this point, the aim was to utilise the geomorphic sketch and compare it alongside a series of ASTER images of the glacier from the years 2000-2015 and also alongside aerial images from 1976 and 1986. The purpose of this being to explore and examine the changes that have occurred over time within the glacial processes of the Tasman Glacier. To enable understanding of how changes of the Tasman Glacier and the surrounding lake have been modified over time, a stereoscope was used to construct a geomorphic sketch of the location over tracing paper with a pencil. A stereoscope is a device which is imported to view a three-dimensional image when two high resolution photographs are placed approximately six centimetres apart. Aerial images of the location in 1976 and 1986 were examined and were compared with six ASTER images from the years 2000-2015. The ASTER images were presented in three year additions. The 2010 aerial image was used to sketch the features of the geomorphic map, these features included the position of streams, alluvial fans, kettle holes and moraines- both terminal and lateral. The sketched map was compared to preceding ASTER and aerial images of the glacier to provide an understanding of the changes that have occurred throughout time within the locatio The sketched geomorphic map (figure 1) signifies both the Tasman Glacier and how its form and physiognomies have been hindered over time due to natural processes. Results were exposed by comparing the alterations of the ASTER images and the aerial images with the hand sketched geomorphic map of the 2010 glacier; a number of observations were made. To begin with, alongside the Tasman Glacier, bordering Tasman Lake is the lateral moraine. Through comparing the aerial images with the sketched geomorphic map, the reduction in the lateral moraine between 1976-2015 is obvious. The bottommost part of the glacier is where the terminal moraine is formed. The terminal moraine appears to be perceived as a group of small unconnected kettle holes when examining the 1976 and 1986 aerial photographs. At the southern end of the glacier, below the terminal moraine is where the Tasman River begins to flow. Superior to the terminal moraine is the Tasman Lake which is where the glacier is found to terminate. By comparing the geological map with the ASTER photographs, it was noticed that the ice accumulation on the mountains has reduced greatly from 1976 to 2015 which is able to be observed on the lateral moraines of the glacier. With relation to the Murchison River, in the aerial photographs it is noticeable that the river flowed around the terminal moraine close to the glacial boundary. The Murchison River joined the Tasman River on the outwash plain to an area of braided river which forms where a heavy sediment load is deposited and shift between channels giving it a braided like appearance (Harcourt, 2005). By comparing the aerial photographs with the geomorphic sketch, is also evident that over time, the Murchison River eroded part of a lateral moraine, thus moving the river closer to the Tasman lake as it disperses itself from the glacial boundary. As of now, the Murchison River feeds into the Tasman Lake and has eroded the lateral moraine bank. A change in root of the Murchison River is noticeable when comparing the sketched geomorphic map with the ASTER images. In the ASTER images from both 1976 and 1986, the Tasman Glacier had no retreat lake whilst the ASTER image from 2000 depicts the Murchison River flowing directly into the Tasman Lake, thus contributing to the size of the lake. When comparing the 1986 aerial image with the 2000 ASTER image, a change in shape of the Tasman Valley is noticeable. It has changed from the shape of a V to the shape of a U, caused by the natural process of glaciation. It is also evident that the Tasman Lake has increased in size over the years. When comparing the 1986 aerial images with the geomorphic sketch it is noticeable that there has been an increase in alluvial fans that have been found at the bases of hills along the glaciers path- mainly occurring on Mount Johnson and Mount Chudleigh. It is noticeable that from comparing the 1986 aerial photograph to the geomorphic sketch, that a lake has formed over time toward the eastern end of the Mackenzie basin. Further, the glacier contained more ice in the 1986 aerial photograph in comparison to the 2015 ASTER image. Another important key geological feature on the map are the permanent snowfields which lie to the west of the lake- the Mount Cook Ranges (Aoraki). At the height of 3,724 meters, the Mount Cook ranges are high enough to hold snow throughout the year (Dennis, 2007). By comparing the ASTER images with the sketched geomorphic map, it becomes obvious that there has been a copious quantity of changes in the Tasman Glacier and its surrounding valley between the years 1986-2015. A number of natural processes have arisen that have adapted glacier, contributing to its retreat. The Tasman Glacier is a river of ice which is shown to move slowly through time laps photography. However, it moves so slowly that one is not able to see the movement with their eyes. In 1993, the Tasman lake was shown by a bathymetric survey to be 1.95 square km whilst in 2008 it has been seen to increase in length by 4.01 square km and is now over 5.96 square km (Warren Kirkbride, 2008). An alluvial fan is an important feature of the maps. This feature is a triangle-shaped deposit of sediment, including gravel and sand (National Geographic Society, 2017) and are created as flowing water interacts with landforms such as mountains and (Blair and McPherson, 1994). The landform spreads out and are given a triangular shape as streams form. From 1976-2015, an increase in alluvial fans has become present on the Murchison glacier and along with the Tasman Glacier. This is noticeable when comparing the geomorphic sketch with the aerial photographs. The Murchison river has changed direction over time, this being due to the fast rate of glacial retreat resulting in calving on the terminus. Calving refers to the breaking of ice chunks from the edge of a glacier into the water below and is a significant cause of the landforms retreat (Ferguson, 2017). The process occurs at the terminus of the Tasman Glacier and is which is normally caused by the glacier expanding (Marshak, 2009). The glacier continues to retreat in length as calving continues. Since 2007, the Tasman Glacier appears to have less frequent calving events, however when calving events happen, they have a higher magnitude in comparison to previous times. (Warren Kirkbride, 2003) Down wasting has occurred which is noticeable when comparing the ASTER images with the aerial images. This has happened because under the force of gravity, sediments of soil, sand and rock fall down the landscape, making the mountain decrease in size but falling into te surrounding lake increasing its depth and size (The Editors of Encyclopaedia Britannica, 2014). On the sides of the lateral moraine, the retreating glacier causes friction which produces heat and results in faster melting of the ice. The melted ice is then flown into the alluvial planes, deepening the lake. Debris of rock falls from both sides of the glacier and scrapes alongside the lateral moraine causing the glacier to retreat. The lake surrounding the Tasman Glacier is divided into layers in relation to temperature. The upper layer of the lake has a temperature ranging from two degrees to five degrees Celsius whilst the bottom layer has a much lower temperature, sitting at around 0.1 degrees Celsius (Warren Kirkbridge, 2010) . The temperature difference is due to uneven melting of the glacier and the sunrays partially getting passed through the top layer, causing it to be warmer than the bottom division of lake (GNS Science, 2009). Due to the temperature difference, the absorption of heat which causes the ice in the moraine to melt faster, thus increasing the size of the surrounding lake. Stress fractures are caused in the ice of the glacier due to an increase in temperature which contributes to the retreat of the landform (Davies, 2015). The sediments that have rolled down into the moraines absorb heat from the sun and result in further melting of the landform. Lakes surrounding the Tasman Glacier have c ombined over time, thus contributing to an increase in the size of the lake (Davies, 2015) which is made obvious whilst studying the traced geomorphic map and comparing it with the ASTER images. The glacial ice sheets have been reducing in thickness 1976 which is present comparing the aerial images with the geomorphic map. Blocks of ice that are separated from the main glacier due to glacial retreat or a flood form kettle holes (Snorrason, 2002). This down wasting progressed over time which lead to the formation of small kettle holes across the Tasman Glacier. A three-dimensional image of the Tasman Glacier was created with the aid of a stereoscope and a geomorphic sketch of the current glacier was conducted. This was used to identify natural landforms that make up the glacier including the lakes, lateral and terminal moraines and alluvial fans. When comparing the geomorphic sketch to the ASTER and aerial images, the changes that have occurred of the Tasman Glacier due to natural events became obvious and it shows that a number of interacting glacial processes contributed to the glaciers rapid retreat.

Syntactical Structure Of The Language Of Law

Syntactical Structure Of The Language Of Law 1. Introduction Legal language. Once an almost magical language of words of stipulation and oaths that should have impressed its subjects and submit them in awe to its absolute obedience. Now, it may be said that the awe has disappeared, but the magic of the language of the law somehow persists, mainly due to its so called vices unintelligibility or wordiness. Everyday situations and relationships are governed by law whether people like it or not. Legal positivism argues that all our actions are covered by law (i.e. legislation, legal principles derived from judicial decisions in Common Law, or contracts) based on the principle that what is not prohibited by the law is permitted (see for example Weinberger 1995). Making pirouettes on the roof of my house every day at five oclock in the morning would be considered ‘legal because there is no law prohibiting such an activity. But let me present a less absurd example. Even by getting on the bus, though not in writing, individuals conclude a contr act with the transportation agency. In every tram or bus a list of business terms can be found an official-looking piece of paper divided in articles, sections or paragraphs, full of rights and obligations of the transporter as well as the customer. The society is inter-bound by an enormous number of agreements, arrangements and contracts, stating or implying rights and duties of its parties. To give them the mark of formality, to regulate them and to enforce them, there is the Law with its provisions. As the main functions of the law are the performative and normative (Cao 2007, 13-15), it is necessary for law to be able to communicate its norms to their addresses. This happens through language. In everyday situations, the Law and the language of its norms, regulations and laws priests lawyers are still somewhere near. Internationalisation of society has brought closer contacts among foreign countries in various aspects. Legal relationships are one of them. The European Union as well as the states themselves produce a large amount of legislation with which the companies and individuals have to deal. Still, an important part of legal relationships is carried out by means of ‘private regulations set by bi- or multi-lateral contracts by the individuals themselves (within a given legal context). Therefore, translating these contracts becomes a big issue and the main activity of numerous translation agencies. Nowadays, English is the Latin of today. It is the main language of international trade and commerce. It is not only the language of contracts when one of their parties comes from an English-speaking environment but even when no native English-speaking party is involved. Although in certain cases English serves as the ‘neutral language of legal agreements, the general understanding of English is not at such a level that they would not need to be translated to peoples mother tongues. Apart from that, legal English and ordinary English are not identical languages (Gubby 2007, 9) and the mastery of ordinary English does not mean a mastery of legal English. This thesis deals with the characteristics of legal Czech and legal English within their legal environments and problems of translation between them. The first part (Chapters 2, 3 and 4) introduces the legal language in general and analyzes the specifics of legal Czech and legal English. Chapter 5 deals with the translation of legal texts and sources of difficulties in legal translation. The second part of this thesis focuses on contracts a sub-genre of legal texts. Chapter 6 defines the place of contracts among other legal texts and deals with the stylistic specifics of contracts in general. Chapter 7 introduces and analyzes the experiment. The experiment is based on an analysis of translations of contracts by translation agencies who advertise their competence in legal translation. It seeks to find out what the general quality of their translation is and what the main problematic points are: whether it is the understanding of the text in general, finding suitable translational sol ution of the concepts or the style or understandability of the TL text. I expect the translation agencies to have problems with finding accurate translation solutions for some of the system-bound concepts, but I expect the translations to be accurate regarding the translation of the actual rights and obligations. Concrete hypotheses follow in Chapter 7. 2. Legal Language Legal language is not a language of everyday use by a population (unless, with a degree of understatement we want to call lawyers a population of a kind). It is a specialized language of legal norms and related discourse. Its distinctiveness may be seen in a number of characteristics that differentiate it from the language of ordinary use. But, there is no universal language of law that would be comprehensible to all languages. Law is a system that is bound to a particular state or organization. Language of law, its words, syntactic structure and concepts are closely related to the legal system in question. The relationship between the language and the law is mutual: the legal system influences the nature of the legal language and the legal language the language of the legal discourse influences the system. The speech of lawyers is conditioned not by the law alone, but also by the prevailing language of their environment (Mellinkoff 1963, 4). Language of law is a system- and culture-bound language for special purposes. This does not mean that the language of law is completely detached from the ordinary language. Most of its words are taken from the ordinary language. On the other hand, legal language influences everyday speech and many of its originally technical terms are now accepted as common. Mellinkoff (1963, 9) gives the examples of plaintiff or defendant in English; the same holds for the Czech sml ouva (contract) or zà ¡stava(pawn). In making generalizations about the language of law for the purpose of this thesis, the characteristics will be drawn from those of legal Czech and legal English. The legal systems in which these technical languages originated belong to different legal system families: English law (i.e. the law of England) is a part of the common law family whereas the Czech law is a member of the civil law family. 2.1 The Nature of Legal Language Cao (2007, 13-20) classifies legal language with respect to the nature of its use that can be described as normative, performative and technical. Normative The Language of law is used to impose rights and obligations; it is largely prescriptive. Laws basic function is to regulate human behaviour and human relations. Law exists as a set of prescriptions having the form of imperatives defining and enforcing the arrangements, relationships, procedures and patterns of behaviour that are to be followed in a society (Cao 2007, 12, quoting Jenkins 1980, 98). Legal language serves to communicate the legal norms to their addressees. Performative The speech act theory developed by J. L. Austin and J. R. Searle makes language responsible for effects in reality. Speech is not only words but also actions. By uttering certain words, we the facts may be changed. Legal effects and legal consequences are commonly obtained by merely uttering certain words (Cao 2007, 14), for example in a courts judgement or in front of a clerk or a priest during the marriage ceremony. Technical The question of technicality of legal language is not perceived consistently. One position argues that there is no legal language as such and it is a part of the ordinary language. The other holds that legal language is a technical language. If the latter view is accepted, what makes the language of law different from other types of language use?   The chief differences may be discussed in relation to the following aspects: speakers stylistic differences specific vocabulary terminology issues syntactic structures 2.2 Speakers The language of law is a language of legal norms and related discourse. The language of legal norms is that of legislation, judicial decisions or contracts. It is said that it is the language created and used specifically by lawyers. Although the lawyers form the core of the language-of-law-speaking community, legislation, for example, is influenced by people with no legal educational background, yet who adopt the legal terminology and expressions to a certain extent. Drawing on the situation in the civil law system, the circle of the legal language users may be described as follows: The legislators (the drafters who actually write the laws; members of the parliament, whose knowledge of all the terminology and concepts is not complete and sufficient but who try to sound as if it was), i.e. all those who create the laws in the written form and who have real influence on definitions of legal terms The judiciary (judges and people who influence the written judgements assistants to the judges or court clerks vyÃ…Â ¡Ãƒâ€¦Ã‚ ¡Ãƒ ­ soudnà ­ à ºÃƒâ€¦Ã¢â€ž ¢ednà ­ci) The lawyers (when negotiating, giving speeches in court, drafting documents etc.; and when talking to one another) The circle of the law language speakers in common law systems is generally the same. The major difference is that the origins of certain terms and the evolution of the language are somewhat different due to the different sources of law (the main body of legal rules is to be found in judicial decisions not in legislation). The type of speaker influences the particular style of the legal language: there is a difference between the language of an Act of Parliament (or zà ¡kon) and the language used by lawyers when talking to one another about legal matters. Nevertheless, at times the language the lawyers use does not seem to resemble the language of legislation at all. Lawyers seem to have developed some linguistic quirks that have little communicative function, and serve mainly to mark them as members of the legal fraternity (Tiersma 1999, 51).   2.3 Style Language of law is said to be purposive and pragmatic (Knapp 1995, 122). Its style is therefore governed by these characters. There have been numerous attempts on defining ‘style. One of them was made by Vilà ©m Mathesius. He defines style as â€Å"individual, unifying character found to be present in any work resulting from intentional activity† (Vachek 1974, 114). Legal style refers to the linguistic aspects of the written legal language and also to the way in which legal problems are approached, managed and solved (Cao 2007, 22, quoting Smith 1995, 190). The style of the language of law is one of the functional styles. It is said to be marked and sometimes described as being a sub-style and the most typical specimen of the officialese style, the style of official documents (Vachek 1974, 187). On the other hand, in the last decades there have been authors who believed the style of the language of law to be a separate functional style alongside other functional styles, the officialese, or administrative, being one of them. The style of the language of law can be described mainly with regard t o its syntactical structure and specific vocabulary. 2.3.1 Syntactical Structure of the Language of Law Vachek (1974, 188) describes the sentences in English legal texts to be long and complex, yet clearly built up, using various typographical devices of distributing phrases, division of the text into parallel paragraphs and capitalizing certain crucial points of the document. When describing the typical features of legal English, Tiersma (1999, 51-71) gives the following list of typical features which overlap with Vacheks description at some points: lengthy and complex sentences, unusual sentence structure, wordiness and redundancy, conjoined phrases, frequent use of negation and impersonal constructions. Cao (2007, 22) gives two general characteristics of the legal language: impersonal constructions and extensive use of declarative sentences pronouncing rights and obligations. Mellinkoff (1963, 285) argues that the language of law should not be different from the ordinary language without reason. For such differences, the following rationales are usually given: legal language is more precise, shorter, more intelligible and more durable. Of these arguments, precision seems to be the leading feature of the language of law that should give reason to all the other features which are sometimes said to be its vices. These syntactical features are further discussed in relation to legal English and legal Czech respectively. 2.3.2 Lexis The most important difference that sets off legal language from ordinary language is its lexicon. Legal language makes use of numerous words and terms that are not common in ordinary language or carry an additional meaning different from their ordinary meaning. Legal language utilizes vocabulary from standard language both in their ordinary meanings (the majority of legal language vocabulary) and specialized meanings. This second class of words may create confusion because in legal texts they may appear in both their meanings ordinary and specialized. Knapp (1978, 17-20) distinguishes the following groups of words: legal terms words with specific legal meaning and specific meaning in another specialized language words with both specific legal meaning and ordinary meaning words having specific legal meaning, specific meaning in another specialized language as well as ordinary meaning words with neutral meaning In his later writing, Knapp (1995, 122) describes legal lexis as follows: words with ordinary meaning words with both specific legal meaning and ordinary meaning specific legal vocabulary legal language does not use some of the words with ordinary meaning (e.g. beauty, darkness) To complete the enumeration of characteristics of legal language, Mellinkoff (1963, 11) gives the following characteristics of legal English terms: frequent use of common words with uncommon meanings; legal archaisms (words from Old and Middle English, Old French and Anglo-Norman); terms of art; argot; formal words; use of expressions with flexible meanings. 3. Legal English Because of the nature of law, the language of law has developed particular linguistic features lexical, syntactic and pragmatic to meet the demands of law and to accommodate the idiosyncrasies of law and its applications (Cao 2007, 20). Legal English style and lexicon originate in various languages: Anglo-Saxon, Latin and/or French. Legal language was originally oral; any writings served only as a report of the oral ceremony (Tiersma 1999, 36). It took quite a long time to accept the written texts as authoritative. Formbooks were written and their main effect was conservation of legal language, its terminology and phraseology. Although the ritualistic and the magical has disappeared from law, it has not disappeared from the language of law. The main vices of legal English are said to be its wordiness and excessive use of archaic words and constructions. In the last 50 years legal English underwent significant changes, mainly due to the Plain English Movement, but certain specifics persist. 3.1 Style Legal style results from cultural and legal traditions. Its chief characteristics are impersonality, extensive use of declarative sentences, negative and passive constructions. Mellinkoff (1963, 24) says the language of law has a strong tendency towards certain mannerisms such as being wordy, unclear, pompous and dull. Legal texts tend to use number of words instead of one (e.g. annul and set aside instead of annul;or totally null and void instead of void). Sometimes, they seem to contain a great part of text that seems to be devoid of meaning (as Mellinkoff puts it) such as using metaphors. Pomposity in the language of law may take many shapes especially by using words evoking respect (e.g. solemn, supreme, wisely). Pomposity and wordiness, together with long complex sentences and a lack of clarity of expression contribute to the dullness of the legal language. It has been already mentioned that the nature of legal language is among others performative. As Cao (2007, 21) writes, legal utterances perform acts, creating facts, rights and/or institutions: they are speech acts. Their performative nature may be marked by special words such as hereby and various performative verbs such as declare, undertake, promise etc. 3.1.2 Syntax Legal language is highly formal and impersonal. This is achieved by passive constructions, complex and long sentences, multiple negations and prepositional phrases (e.g. in what follows, by virtue of which). Legal English is full of archaisms and this tendency may be seen in the syntax as well. The old-fashioned syntax still makes the legal text dense, though mainly thanks to the Plain English Movement there can no longer be found grammatical archaisms like the old ‘-th endings (Alcaraz and Hughes 2002, 7) in legal texts. Slightly archaic tone is achieved by the use of certain prepositional phrases such as pursuant to (very often used in contracts) or subject to. A certain degree of sexism can also be found: e.g. judges calling judges of the same rank brethren. Although it is typical of legal language to consist of unusually long sentences, there is a specific area of it that is rather plain and surprisingly comprehensible. The first group is the syntax of statutes, contracts or pleadings; the second group is that of judicial summaries of particular facts of cases. Complexity of legal English documents may be seen in their layout, multiple subordination and postponement of the main verb until very late in the sentence (Alcaraz and Hughes 2002, 19). In legal texts such as statutes, contracts or handbooks containing procedural rules, many possible situations, factual scenarios and exceptions must be provided for (Alcaraz and Hughes 2002, 20) therefore the sentences are often conditional and contain hypothetical formulations. The illegibility of legal texts derives from the fact that originally legal texts were written from the far left side to the other side of the page to avoid the possibility of adding anything to the text. From this fact t he custom of avoiding punctuation is also derived: full stops, commas and semicolons may alter the meaning of the sentence. As Mellinkoff writes (1963, 367), lawyers are still reluctant to end a sentence, even though the old reasons for skimping punctuation are gone. 3.1.3 Lexis To deal with legal lexis it may be useful to systematize it. Alcaraz and Hughes (2002, 16-18) classify it as follows: 1. Functional items grammatical words and phrases that have no direct referents either in reality or conceptual; 2. Symbolic (or representational) items all the terms that refer to things or ideas in the world of reality. This group can be further divided into: purely technical terms, semi-technical terms and shared, common or â€Å"unmarked† vocabulary a) Purely technical terms: terms found exclusively in the legal sphere that have no application outside. They can be one-word terms (barrister) or whole phrases (bring an action). Some of the theorists argue that these terms are so closely related to the legal system that they cannot be translated, but only adapted. Therefore, a number of terms is often left untranslated (e.g. estoppel, trust) (Alcaraz and Hughes 2002, 17). b) Semi-technical or mixed terms: words or phrases that have acquired additional meaning in addition to their common meanings (issue, consideration). Their number is constantly growing to meet the developing needs of the society. c) Everyday vocabulary found in legal texts (paragraph, subject-matter). Legal English lexis especially the purely technical terms and semi-technical terms comes from various origins. Because legal English is a product of its history, various influences can be traced in contemporary legal language. The eldest part of the legal lexis is Anglo-Saxon such as bequeath, manslaughter, oath or writ.[2] Besides vocabulary, a typical Anglo-Saxon feature alliteration is to be found in legal English. Its usage is closely linked to the original magical nature of law but it can be still (and often) found in legal texts and seems to have acquired some kind of terminological value: rest, residue and remainder, to have and to hold, hold harmless etc. There are also Middle English words that nowadays survive only in legal language: aforesaid, thence, there- and here- words etc. (Mellinkoff 1963, 13). Despite the native origins of some of the most characteristic legal terms, legal English draws on numerous Latin or Latinized terms. There are dozens of phrases that still have their place in everyday legal discourse and because of their Roman Law origin they are often common to the Civil Law system as well (lex fori, bona fide, res iudicata, restitutio in integrum). Some of these phrases have their calque version that may be used alongside the Latin one (bona fide or good faith, mors civilis or civil death). Although numerous words of Latin, Anglo-Saxon or Viking origin may be found in legal English, it may be argued that the main influence for the development of legal language is to be attributed to Norman and later to French. French used to be once the language of the royal courts. Despite several attempts to return to legal English (for example the 1362 Statute of Pleading which although itself written in French forbade using French in lawsuits), French remained in use until 1731, when it was together with Latin banned from being used in legal proceedings. A vast amount of the most basic legal vocabulary is of French origin (appeal, complaint, evidence, judge, tort or verdict, and real law French words such as estoppel or alien in the sense of transfer). French influence may be also seen in some legal phrases following the French way of putting an adjective after the noun (attorney general, fee simple) or in creating neologisms by adding an -ee ending (lessee, condemnee) to a verb. From what has been just said might follow that legal English is not â€Å"English† at all, especially when considering that the word law itself is derived from the Norse word for â€Å"lay† and means â€Å"that which is laid down†. Although legal language seems to be very old-fashioned at first sight, lawyers can be quite creative when it suits their purposes (as Tiersma writes[5]) and can create neologisms such as palimony, zoning or hedonic damages. A special feature of legal English of Anglo-Saxon origin is the conjoined phrases or multinominal expressions. Some of them are alliterated as for example the rest, residue and remainder, some of them are not, such as last will and testament. These phrasesconsist of synonyms or near-synonyms. It has been argued that one of the justifications of such language behaviour is the never-ending quest for absolute precision. But as Mellinkoff says, this may not be the case: the phrase last will and testament is not as precise as plain will and when one of these words is used, the other is superfluous (Mellinkoff 1963, 331-332). Perhaps a more sound justification for the wordiness of legal English is derived from its adversarial nature. Tiersma says that â€Å"virtually any legal document is liable, at some point in its existence, to be picked apart by an opponent eager to exploit a loophole or ambiguity in hopes of wiggling out of an agreement or contesting a will. The question arising when dealing with these conjoined phrases is whether they really present a redundant overflow of words or whether they constitute a special kind of term. But an answer to this question would be outside the scope of this thesis. 4. Legal Czech Legal language is a specialized language of legal texts (Tomà ¡Ãƒâ€¦Ã‚ ¡ek 2003, 25). It is the main means of communication within law as a legal system. Communication between the legislator and the addressees of legal norms is carried out solely by language. It is mostly a natural language (the exceptions being for example road signs) and a standard language. Knapp (1988, 95) argues that there are non-standard languages of law as well, such as the spoken language of judges, or legal slangs, such as the law students speak). Legal Czech can be distinguished from the ordinary Czech especially with respect to its style. Knapp (1995, 120) distinguishes between three varieties of legal Czech: Language of laws (language of legislation) Language of courts (decision making) Language of lawyers (language of legal representation) It is typical of legal Czech that it originates from the language of legal norms the language of legislation. Legal norms regulate social relationships: they state what should be done (prescriptive function) as well as what is (descriptive function). The language of judicial decisions and the language of lawyers are basically derived from the language of legal texts. 4.1 Style Knapp (1988, 96) argues that there may not be a unified legal style because there are recognizable stylistic differences between the language of legal texts, lawyers speak or the language of theoretical legal texts. Basic stylistic requirements of legal texts may be listed as follows: precision definiteness brevity comprehensibility/understandability stability   inexpressiveness purposiveness Some of the points of this list of basic requirements quoted by Tomà ¡Ãƒâ€¦Ã‚ ¡ek (2003, 28) are developed later. a) Precision and Definiteness Precision seems to be the most important legal language requirement, not only with respect to legal Czech but other legal languages as well. To ensure legal certainty and the principle of equality in law, law must state all the rights and obligations of its subjects exactly and without doubt. This does not mean that all the legal expressions must be absolutely exact and precise: legal Czech is full of vague words, words with flexible meanings. This vagueness may not be a flaw in precise legal language. Expressions such as mà ­ra pÃ…â„ ¢imĆºÃƒâ€¦Ã¢â€ž ¢enà ¡ pomĆºrÃ…Â ¯m (degree adequate to the circumstances), znaÄ nà ¡ Ã…Â ¡koda (substantial loss), vĆºk blà ­zkà ½ vĆºku mladistvà ½m (an age close to the age of minors/juveniles), may be interpreted according to particular circumstances of the case. Relatively frequent use of these expressions in Czech legal texts may be explained by the nature of continental-system leg al norms. Czech legal norms (and continental legal norms in general) tend to be more general, often using vague expressions to leave their interpretation on courts. Common-law-system norms tend to be more casuistic and such vagueness of expression would be perceived as inadequate.  Ã‚  Ã‚   Unless used in legal theory and scientific legal writings, use of synonyms is forbidden. Although we may find such synonyms in the bulk of legal expressions, legislation usually chooses only one of them and keeps using it to avoid any misinterpretation. Here are some examples of such synonyms in legal Czech: zletilost plnoletost (legal age majority; only zletilost is a truly legal expression), zpÃ…Â ¯sobilost k prà ¡vnà ­m à ºkonÃ…Â ¯m svà ©prà ¡vnost (legal capacity; only the first expression is known to the legal texts)[7]. Contrary to the use of synonyms, the use of polysemes and homonyms is not that easily avoided. When such use is inevitable, the meaning of such expressions must be interpreted by context: nà ¡lez (finding) may refer to nà ¡lez Ústavnà ­ho soudu (Constitutional Courts ruling) or to nà ¡lez vĆºci opuÃ…Â ¡tĆºnà © (finding of a derelict), zapoÄ tenà ­ (inclusion) may refer to zpÃ…Â ¯sob zà ¡niku zà ¡vazku (a way of termination of an obligation), kompenzace (compensation) etc. b) Stability To regulate social relationships and to ensure legal certainty, legal terminology and style should be relatively stable. This does not mean that the meaning of the terms does not change from time to time. Stability means that one and the same term used in a legal text should denote one and the same thing (Knapp 1995, 125). It is typical of legal Czech to â€Å"normalize† certain words and phrases, to set firmly their meanings and way of usage (see for example Knapp 1978, 47-48). c) Comprehensibility/Understandability This requirement is closely connected to that of purposiveness and precision. Legal text should communicate its content clearly and without doubt to its addressees. The ideal of understandability is to make the addressee of the legal norm understand it in the same way as its creator (Knapp 1995, 126). In another work Knapp (1988, 99) argues that even people with no legal education are able to understand the text of a legal norm. The language of law is sometimes demonized but to understand the language of law in reality is not very difficult. The demand for popularization of legal language would suggest that people read legal texts on a daily basis: but this is not so. Whether we like it or not, law seems to be a complex system that has developed its terminology and to understand the law and its language needs a specialized education in the same way as medicine does. To simplify the language of law yes; to vulgarize it no. What people may not understand when reading a law or a contr act should be issues connected to law, not to language. 4.1.1 Lexis Legal Czech makes use of all classes of words except interjections. Words of various language origins are included: traditionally Latin, less often French and recently English. Legal Czech makes use of various Latin phrases which are even taught at law schools and are used relatively frequently in legal texts and in lawyers talk. These include phrases such as inter vivos (among the living), mortis causa (in case of death) or even whole sentences describing legal principles such as Ignorantia iuris neminem excusat (The ignorance of law does not excuse). With the growth of European Union legislation and numerous international contracts, English terms slowly find their way into legal Czech. Typically, these are words for which there is no Czech equivalent (due to the systemic differences, Chapter 5) and to avo

The Rape of the Lock Essay example -- The Rape of the Lock Alexander P

The Rape of the Lock Pope's portrayal of Belinda and her society in 'The Rape of the Lock' This Lock, the Muse shall consecrate to Fame, And mid'st the Stars inscribe Belinda's Name! In 'The Rape of the Lock' Alexander Pope (1688-1744) employs a mock-epic style to satirise the 'beau-monde' (fashionable world, society of the elite) of eighteenth century England. The richness of the poem, however, reveals more than a straightforward satirical attack. Alongside the criticism we can detect Pope's fascination with, and perhaps admiration for, Belinda and the society in which she moves. Pope himself was not part of the 'beau-monde'. He knew the families on which the poem is based but his own parents, though probably comfortably off, were not so rich or of the class one would have to be in to move in Belinda's circle. He associated with learned men and poets, and there can have been little common ground between the company he kept at Will's Coffee House and those who frequented Hampton Court. The incident at the centre of the poem is the Baron's theft of a lock of hair and the ensuing estrangement of two families. The opening lines of the poem introduce the reader to the satirical stance he is taking towards the society portrayed in the poem. What dire Offence from am'rous Causes springs, What mighty Contests rise from trivial Things, [I.1-2] Pope suggests that they are taking a trivial incident too seriously, displaying an exaggerated sense of their own importance. Throughout the poem Pope continues to make this point through his use of the mock-epic style, which itself takes a trivial incident too seriously, and uses disproportionately grand language to describe an unworthy subject. Belinda is belittled earl... ...y men of the age. An affinity between them is revealed by Pope's empathy, fine judgements, and carefully aimed criticisms, and Pope must have been at least a little fascinated by the 'beau-monde' to apply his talents to this poem which, in an ironic way, celebrates Belinda and her world and, as Pope himself suggests in the final couplet of the poem, has preserved them for posterity. This Lock, the Muse shall consecrate to Fame, And mid'st the Stars inscribe Belinda's Name! [V.149-50] References Butt, John (Ed). The Poems of Alexander Pope. A one-volume edition of the Twickenham text with selected annotations. London. Methuen & Co Ltd. 1963. First published in University Paperbacks 1965, Reprinted with corrections 1968. Reprinted 1977 Bibliography Cunningham. The Rape of the Lock. Oxford University Press. 1971 Gordon. A Preface to Pope. Longman. 1976

Ralph Ellison’s Prologue to the Invisible Man Essay -- Ralph Ellison P

Ralph Ellison’s Prologue to the Invisible Man The Invisible Man is not a story of things that go bump in the night, but of those in society who people refuse to â€Å"see†. The essay was written by Ralph Ellison, an African American writer of the 20th century, whose stories tended to focus on racial issues. The main character of this story’s prologue is anonymous and unseen. He resides in a basement and lives off stolen energy in Harlem New York. Throughout the essay it is hard to determine whether he prefers to be this way or not, but he does describe that he loves light and warmth. He is a character that most audiences can easily feel sympathetic for. Although the essay is a narrative story, on a more critical level it tells of the flaws of society, and how some people go unnoticed and unloved. It is also tells of the power and will of human spirit. Ralph Ellison’s Prologue to the Invisible Man is an effective essay because audiences can easily relate to it through its use of informal tone, subje ctive point of view, and its appeals to pathos. With the use of informal tone Ellison is able to relate the story to the audience better. The prologue is written in the first person, everything in the essay is being told from the storyteller’s point of view. This makes the reader feel as though the character is personally talking to them and telling of the events. Ellison also personally addresses the reader as â€Å"you† this also enables the audience to relate to the story. One particular quote form the story that was very effective was â€Å"You ache with the need to convince yourself that you do exist in the real world, that you’re a part of all the sound and anguish.† It as though Ellison was truly talking with his audience in ... ...n so emotionally, readers are able to easily associate themselves with it, and this allows the message of the paper to convey itself to the audience. Ralph Ellison’s â€Å"Prologue from The Invisible Man† is a very successful and effective essay. By reading this it is possible to tell that Ralph Ellison is someone who may have first-handedly experience racism and unjust experiences. His essay tells of the negative aspects of society to generally overlook certain people of different races. However, on a more positive note, it also tells of the strength and everlasting hope of the human spirit. This text does indeed raise important issues and concepts to an audience. Due to its appeals to pathos, use of informal language, and subjective point of view, audiences are able to relate to Ralph Ellison’s Prologue to the Invisible Man, making it a successful essay.

Cost of Capital for Marriott Essay -- GCSE Business Marketing Coursewo

Cost of Capital for Marriott Mentioned Tables Not Included Objective: 1) Calculate the divisional and the company cost of capital and explain the calculation. 2) Evaluate Marriott's use of company cost-of-capital rate for the individual divisions. Cost of Capital for Lodging Division can be expressed as CC = We*Ce + Wd*Cd. For the weights of debt and equity (We and Wd), the 1988 target-schedule rates of debt-to-assets and debt-to-equity were used as the only measures available in the case. Cost of Equity (Ce) was calculated based on the CAPM formula. 30-year T-bond was used as a long-term risk-free security to get the risk-free rate, since Marriott used the cost of long-term debt for its lodging cost-of-capital calculations. The market premium 8.47 was the arithmetic-average spread between the S&P 500 returns and the short-term US T-bills between 1926-1987. This market premium is consistent with the current academic suggestions and it was used in all calculations of this exercise. The leveraged Beta (Bl) of the lodging division, needed for CAPM, was derived from the following equation: Bl=Bu(1+D/E), where Bu is the unleveraged Beta. Bu was in turn derived from the weighted-average of the Bu's of the lodging businesses given in the case. The weighted-average method rather than a simple arithmetic-average method was used to allow a more accurate Bu of the overall industry. Cost of Debt (Cd) is defined as (risk-free rate)+the premium (Tab...

Christian Service Reflection Paper

Christopher Leveratto May 26, 2012 Scripture: Christian Service Reflection Paper Through the course of five weeks I have tutored a third grader by the name of Willy one hour each Thursday. Willy is a high-spirited kid who loves to learn. He goes to a school named Corpus Christi, a school I spent my sixth through eighth grade years at, and is also the organization I volunteered for. I chose this particular work because I love working with kids considering I have 4 younger brothers and sisters. This also gave me an opportunity to put my knowledge to good use and to be a good role-model towards Willy.What I gained from this experience is satisfaction from helping a young student cope with his academic struggles and learn to surpass them in order to be successful. I most definitely would do this project again if I had the chance. For the remaining five hours that I needed to serve I had a close friend of mine shadow me during school. I chose this particular work because I’ve alway s regretted not getting to know what school at Bishop Ireton was like so I offered my friend the opportunity to do so.What I gained from this experience is happiness from seeing my close friend again and the guarantee that she’ll be coming to our school next year. I would love to do this again so I may encourage as many students to come to our school so they may be a part of our Salesian community. Moses the prophet was a very loyal servant of God and he was the one who set the example for the Israelites while they were on his journey to the Holy Land. Since his encounter with God in the burning bush he was chosen to lead the Israelites out of slavery in Egypt.In this encounter God says to him, â€Å"I have indeed seen  the misery  of my people in Egypt. I have heard them crying out because of their slave drivers, and I am concerned  about their suffering. So I have come down  to rescue them from the hand of the Egyptians and to bring them up out of that land into a good and spacious land,  a land flowing with milk and honey  Ã¢â‚¬â€the home of the Canaanites, Hittites, Amorites, Perizzites, Hivites  and Jebusites. And now the cry of the Israelites has reached me, and I have seen the way the Egyptians are oppressing  them.So now, go. I am sending  you to Pharaoh to bring my people the Israelites out of Egypt. † (Exodus 3:7-10) Once Moses rescued the Israelites he took them on a journey of 40 years to the Holy Land. The Israelites grew tired and started to regret coming with Moses. God then sent the 10 comandments to establish a guide line for the Israelites to follow. God explained these guidelines by saying, â€Å"I am the  Lord  your God,  who brought you out  of Egypt,  out of the land of slavery. You shall have no other gods before  me.You shall not misuse the name of the  Lord  your God, for the  Lord  will not hold anyone guiltless who misuses his name. Remember the Sabbath  day by keeping it holy. Honor your father and your mother,  so that you may live long  in the land  the  Lord  your God is giving you. You shall not murder. You shall not commit adultery. You shall not steal. You shall not give false testimony  against your neighbor. You shall not covet  your neighbor’s house. You shall not covet your neighbor’s wife, or his male or female servant, his ox or donkey, or anything that belongs to your neighbor. (Exodus 20) Moses was an example of a person who followed God’s every word and kept faith when all was lost. He guided those who needed him and were having trouble learning the ways of the Lord. This person inspired me to help others like Willy and my close friend so they may adapt to what they’re learning and have an opportunity to experience something new so they would be more comfortable when they do it. I continue to strive to be like Moses so I also can be a messenger of God who spreads kindness and knowledge to those arou nd him. I strive to be a prophet of God.

Individual Assignment Owners

When the organization issues the inventory to its traders, it gets certain financial commitment as their uncial commitment, and this is known as the paid-in-capital. This type of economic commitment is not produced from the functions of the organization but it is the unwanted over the par equity of the inventory which the traders are willing to pay for the inventory they get from the company. Thus it is the amount compensated in on the financial commitment inventory by the inventory owners to the organization.It therefore symbolizes the Investors investment strategies, while the gained financial commitment Is the financial commitment which Is gathered from the earnings of the organization. Hence It Is very essential for the organization to divided these two types of economic commitment to ensure the traders about the functions of the organization and Its success. It is the undistributed earnings which continues to be with the company (Skies, Wastage, & Warfield, 2007).Paid-in or Earn ed Capital An investors decision to spend money on any company/firm relies on the ability of the company to produce ongoing earnings circulation and success, the policy about the results and the growth plans of the company. The gained financial commitment is produced from the functions of the organization and it is used to pay up the benefits with regards to both cash and inventory. It also shows the success of the organization gaining further financial commitment on the part of the traders.While the paid-in financial commitment Is only the unwanted over the par equity which continues to be set not causing the benefits due to the traders. Hence the gained financial commitment Is more essential to the trader than the paid-in-capital (Scott, 2003). Basic or Watered down Income per Share Earnings per discuss of the typical inventory are known as Primary earnings. They are owners by heavy average variety of stocks which are excellent at enough time (Skies, Wastage, & Warfield, 2007).Dil uted earnings per discuss are reports displaying the variety of stocks staying the discuss, should get, recommended inventory and sports convertible ties are worked out. The diluted earnings per discuss take the standard earnings higher by one step. The variety of stocks could improve at any example cause of the convertibility of some or all the investment strategies, decreasing the business's earnings which the individual discuss is eligible. This increases the rate between the cost and the earnings making the inventory appear more expensive.It is a typical practice that the organizations problem sports convertible recommended stocks, sports convertible ties or should get and the owners of these equipment enjoy the right of convertibility of their recommended inventory or ties into stocks of the typical inventory at a set cost and they can purchase the inventory at a mentioned cost. The diluted PEPS are gained by the benefiting organizations only while the organizations which have failures, review only basic PEPS, as the dilutes investment strategies would only review an improve on the gloomy that is the net failures revealed would improve.The equity of diluted PEPS is always reduced than basic equity and is more appropriate in financial commitment choices, since it indicates somewhat of a worst-case situation. An trader would certainly choose the diluted earnings to the standard earnings, as the former symbolizes the performance assortment, which is used for the statistic of the quality of the business's earnings per discuss (PEPS).

Professional and legal implications Essay

This assignment will explore the professional and legal implications of a scenario which took place within a healthcare setting during the last year. Health care is very complex and decisions about how services are provided can have a huge effect on people’s lives. Therefore it is imperative that the care offered has the best chance of benefiting a patient and not harming them. However, in the following scenario a decision made by a healthcare professional for the best interests of their patient is challenged by the patient’s mother. To protect confidentiality the real names of the individuals involved have been changed (NMC, 2008). Katie is a 24 year old woman who has been admitted to hospital with a severe chest infection. Katie suffers from recurring chest infections due to her condition and also has cerebral palsy, learning disabilities and epilepsy. Due to these conditions Katie is unable to communicate, requires a Naso Gastric Tube for feeding, is doubly incontine nt and has one to one care from a Health Care Support Worker for all her personal and clinical needs. Katie lives with her mother at home, who provides her care during the night. The medical team discovered that her chest infection is Pneumonia and begin the relevant treatment, however believe that due to Katie’s quality of life she should be Not for Resuscitation (NFR) in the event of a cardiac arrest. However, Katie’s mother argues that her daughter should be resuscitated and the decision should be made by her, because she is her mother and that the health care team are neglecting her daughter’s right to life and are acting illegally by making such a decision. Katie’s mum also believes that the health care team are basing their decision on Katie’s learning disability rather than her best interests. This essay will encompass the ethical considerations that need to be sought when a decision such as NFR is made. Taking into account the legal and professional implications this has on the health care team involved. Before making any decision the health care professional will need to consider if the Katie has the mental capacity, what are in the her best interests and protecting the her human rights. All these topics will be included in this essay. This essay will also explain why it is important for a health care professional to take into account the Bolam Test and Section 4 of the Mental Capacity Act (2005), taking into consideration a patient’s best interest when they lack capacity, before they make any decision. The Medical Team must act in accordance with the practice  that is accepted at that time and by a recognised professional body (Dimond 2008). All these issues are relevant in this scenario. Making a decision such as NFR is taken very seriously due to the known outcome in the event of a cardiac arrest. A Not For Resuscitation (NFR) decision indicates that a decision has been made not to call the resuscitation team if in the future that patient, such as Katie, suddenly stops breathing or suffers cardiac arrest. Resuscitation decisions are very controversial and have been the subject of much media interest. Especially when that patient has a learning disability. There is evidence of this in the appendix at the back of this essay and it will be discussed further on in the essay. A decision such as NFR is the responsibility of the most senior clinician for the specific patient, according to a revised guidance of cardiopulmonary resuscitation (2007). Every health board should have a resuscitation policy. The Local Health Board’s policy involved in this scenario can be found in the appendix of this essay. The policy, published in (2009) states that cardiopulmonary resuscitation (CPR) should be commenced unless; the patient has refused CPR; the patient is at the palliative stage of illness or the burdens of the treatment outweigh the benefit. The Health Care Team are required, before they make any decision to determine if Katie has mental capacity and if she is able to understand and contribute to the decisions of her treatment. If Katie had capacity and was not consulted about the decision then the heath care professional could be seen as acting unlawfully and the decision maker would be legally and professionally accountable (B v An NHS Trust [2002]). The Mental Capacity Act (2005) describes capacity as an individual’s ability to make a certain decision at a specific time and not on their ability to make decisions generally. Legal capacity depends on the patients understanding rather than their wisdom. They should be able to retain and understand the information that they are given and then communicate their decision with the appropriate professional (Simpson, 2011). A patient’s competency to capacity should not be presumed. An assessment of capacity should be made before a person can be said to be incapacitated (NMC, 2008). Nurses have the ability to assess capacity, if they feel that it is needed. However, they do not have the authority to make a decision such as NFR (Hawley 2007). Therefore, they must  refer to a doctor or psychologist to assess the patient’s capacity and make such a decision (Hutchison, 2005). Katie’s mental capacity, following the Mental Health Act (2005), will need to be assessed by a doctor or a psychologist due to the significance of the decision. The Case of Re C (1994) helped produce the 3 stage test of capacity and this has proved to be a suitable test used in the assessing process of capacity. However, the introduction of the Mental Capacity Act resulted in a 4th Stage being added (Section 3 MCA). The test decides whether the individual is able to: Comprehend and retain information, Believe information given and weigh it up, balance the risks and needs, make a choice. The fourth stage is to communicate the decision. In this particular scenario, after an assessment of Katie’s Mental Capacity using this test, determined that Katie did not have the Mental Capacity to make decisions due to her inability to understand the information and communicate the decision. This enables the team to make this decision for her as long as it is in her best interests. Katie’s mother believes that she should be the one to make this decision for her daughter because she is her next of kin and Katie’s power of attorney. The Mental Capacity Act (2005) allows a person to legally set up a lasting power of attorney. The chosen person or persons have the power to make decisions on the individual’s financial and personal behalf. The act does not allow enduring power of attorneys to be set up; however those already in existence can continue to be used. The lasting power of attorney has the power to give consent on behalf of a patient who is incapacitated if it is in their best interest (Thomson et al, 2006). However, the lasting power of attorney does not have the power to order a patient who is NFR or who is becoming NFR, as in this scenario, to be resuscitated if a health care professional has assessed that the outcome would not be in the best interest of the patient. There is no obligation to give treatment that is futile or burdensome as seen in the case of Re J (A Minor) (Wardship: Medical Treatment [1990]). As in the case of R (Burke v General Medical Council [2004]) no person has a legal right to insist on specific treatments either for themselves or relatives. The health care professional is not obliged by law to resuscitate Katie irrelevant weather Katie’s mother is next of kin or has power of attorney. It was discovered afterwards that Katie’s mother was not her power of attorney because Katie had never had the capacity to  appoint one. The health care professional will make their decision after assessing the patient and following the appropriate legal frameworks which are set to protect them and the patient and examining what decision would be in Katie’s best interests. Section 4 of the Mental Capacity Act (2005) sets out the legal framework for a best interest decision to be made, for people without mental capacity. This can be found in the appendix of the essay. The Act states that the health care professional making the decision must not make it simply on the basis of the patient’s age or appearance. The patient’s condition and aspects of behaviour must not affect the judgements of best interests and duty of care. The health care professional making the decision must consider all the relevant circumstances and consider the possibility of the patient gaining capacity (MCA, 2005). However, if this is not possible then the health care professional must revise the past and present wishes of the patient, especially if an advance directive has been made. In relation to the scenario, it is crucial that this checklist is considered when making a decision such as NFR, due to Katie’s Learning disabilities’. Mencap (2007) published a report called ‘death by indifference’ which can be found in the appendix of this essay. The report examines cases where families believed that doctors used inappropriate use of Do Not Resuscitate Orders simply because the patient had a learning disability rather than assessing the best interest of the patient resulting in institutional discrimination. The Mental Capacity Act (2005) adds that the health care professional must consult anyone caring f or the patient or who is concerned for their welfare and gain their views on the decision (Dimond, 2008). In this scenario Katie’s mother was addressed and informed of the decision and her views were taken into account, despite the disagreement of the overall decision. Katie’s mum’s attitude and opinion towards the decision could be biased. She may genuinely not recognise that an NFR decision would be in the best interests of her daughter. Katie’s mother has her own values and beliefs that are likely to be factors that can influence her disapproval. The health care professional involved with Katie’s care will need to reassure Katie’s mum, show compassion and empathise with her situation. As stated earlier in the essay, the best interests of Katie can be determined via consideration of a checklist of circumstances within Section 4 of the MCA (2005). The benefits of treatment  and the probability of them arising are considered (Griffiths and Tengnah 2008). In this scenario the benefits of resuscitation would be measured. If it was agreed that res uscitation would do more harm than good then it would be considered that NFR would be in Katie’s best interests (Re A (mental patient: sterilisation) [2001]). Due to Katie’s quality of life, because of her cerebral palsy and epilepsy, it was considered by the health care professionals that it was in the best interest of Katie that she becomes NFR, as the outcome of resuscitation would not improve her quality of life. It was also agreed that resuscitation would do more harm to Katie than good, due to the probability of resuscitation being unsuccessful. However, Katie’s mum believes that the health care professionals are depriving her daughter of a right to life as was in the case of Airedale NHS Trust v Bland [1993]. The Human Rights Act (1998) is an Act of Parliament produced to protect the rights of individuals. The Act incorporates convention rights and protocols and is comprised of several articles. Schedule 1 Article 2, the Right to Life is of particular relevance in this scenario. The Article legally entitles every person’s individual’s right to life to be protected by law. It states that an individual†™s life should not be deprived intentionally. Katie’s mum believes that the decision of NFR is infringing her daughter’s human rights. If this is proved to be the situation then the professional could face legal action (Dimond, 2008). In this scenario the health care professionals are acting in Katie’s best interests and will not face any legal proceedings as long as they can justify their decision. This was illustrated in the cases of; National Health Service Trust A V D and others [2000], NHS Trust A v M [2001] and NHS Trust B V H [2001] indicates that decisions such as NFR, which are found to allow the individual to die with dignity and be in the best interests of the person, are not legally classed as infringing human rights. It could be implied that the decisions of NFR supports Katie’s human rights. If it is considered that Katie’s quality of life would remain poor or that resuscitation could potentially cause her harm and not be in Katie’s best interests then it could be implied that resuscitation in the event of Katie experiencing a cardiac arrest could prove a degrading treatment (Thompson et al, 2006). In this particular scenario Katie’s mother is accusing the health care professionals of being negligent. The case of (Bolam v Friern Hospital Management Committee [1957])  initiated the Bolam test. The Bolam test is used to examine if a health care professional has been negligent. If the health care professional has acted in accordance with an accepted practice which is approved by a recognised professional body then they cannot be thought as negligent. However, it could be disputed that the health care professional could be assumed negligent if they resuscitated Katie since it is not in her best interests as the health care professionals have a legal duty of care to preclude acts or omissions which can potentially injure the patient (Donogue v Stevenson [1932]). If the health care professionals were to resuscitate Katie and it resulted in her becoming harmed then the health care professionals could be accused of being negligent under the Bolam test. Once a decision such as NFR has been justified and documented then if Katie was resuscitated in the event of a cardiac arrest then this treatment could been seen as battery and it is unlawful as in the case of (Airedale NHS Trust v Bland [1993]). Such as in the case of Bland where the patient’s recovery was not going to happen due to him being in a Permanent Vegetative State, then the courts can decide that treatment can be withdrawn and not infringe the human rights of the individual (NHS Trust v M [2001]). In this scenario the health care team have decided, that due to Katie’s ongoing chest infections, the pain that she experiences from her conditions and her poor quality of life, it would not be in Katie’s best interests for her to be resuscitated in the event of a cardiac arrest. Consequently health professionals are not infringing her right to life and consequently not legally negligent. All health care professionals have a duty of care to their patients (Dimond, 2008). For this section of the essay the author will focus on how a decision such as NFR can have on a nurse and discuss the legal implications that may occur. Registered nurses are governed by The Code: Standards of conduct, performances an d ethics for nurses and midwives (NMC, 2008). The code is not a legal document however, it sets a framework of standards that a nurse must adhere to within their practice and it enables them to act lawfully. Decisions such as NFR can cause professional issues for a nurse. The nurse is the frontline provider of their patient’s care (Dimond, 2008). They have the most contact with the patient and their relatives. They often develop a therapeutic relationship with both. This could cause the nurse to face a dilemma of being criticised by the family and friends of the patient if they  do not commence CPR or even face criticism from their colleges if they did proceed with CPR (Dimond, 2008). The nurse may feel duty-bound to commence CPR due to the relationship they have formed with the patient. However, the nurse must always act lawfully. Due to the nurse’s role as the care provider, they often have contact with the family members. This may provide difficulties for the nurse if the family, such as Katie’s mum, disagree with a decision that has been made. Therefore, the nurse may be faced with a possible confrontation from the family or friends of the patient due to their disapproval (Hughes and Baldwin, 2006). The nurse has a responsibility to their patients to provide a high standard of care (NMC, 2008). However, at times they may feel as though they are being prevented from providing this standard when a decision such as NFR is issued and could cause them professional implications. However, it could also be argued that the nurse is fulfilling their role in such a situation as the nurse has a duty to alleviate the suffering of patients (Rumbold, 2002). The nurse would not be alleviating a patient’s suffering if they commenced CPR and it had been decided that it was not in the patients best interests. Nurses are accountable for their actions (NMC, 2008). The accountability of not providing CPR to a patient can present the nurse with a professional implication. Therefore, as the essay mentioned earlier, if the decision of NFR is legal then the nurse will not be held professionally accountable for not commencing CPR if their patient experiences a cardiac arrest. All Health care professionals are responsible for maintaining standards set in the code of professional conduct. The NMC (2008) governs nurses to ‘Adhere to the laws of the country in which you are practicing’. This implies that nurses are required to act lawfully. They are required to follow orders such as NFR regardless of their own values and beliefs. A decision such as NFR creates the question of: who has the right to decide what is in the best interests of a patient. Even though the person making the decision is professionally qualified to do so they may find it complicated in proving that it is in the best interests of a patient without capacity (Runciman et al, 2007). The professional has a duty to act lawfully and be able to sustain this when making such an important decision. The attitudes of a nurse can offer professional implications for a decision such as NFR. Attitudes are governed by personal values and beliefs. If the nurse did not agree that it is in theà ‚  best interests of the patient to become NFR this could create some difficulties. The nurse may decide to vocalise what they consider is in the best interests of their patient and this could conflict with the NFR decision made by the health care professional resulting in an ethical dilemma (Thompson et al, 2006). According to Schlutz (1998), there is considerable evidence that many nurses experience the feeling of powerlessness when confronted with an ethical dilemma and fear conflict with other professionals such as consultants and doctors. Due to this they may abide by instructions regardless of it conflicting with their own professional values and beliefs. This could imply that the nurse involved with Katie’s care could follow an instruction as NFR despite it being against their own professional opinion. However, the nurse must be accountable for their actions and must indicate a satisfactory reason for their conduct (NMC, 2008) therefore potentially resulting in a professional implication. Rundell (1992) claims that the nursing of a palliative patient and providing them with a dignified death, uncomplicated or uncompromised by CPR could prove to be more complex than simply intervening and commencing CPR. Therefore not intervening when a patient is suffering a cardiac arrest can res ult in a professional implication of the NFR decision. The nurse could find it very difficult to watch a patient suffer a cardiac arrest and not be allowed to intervene because of an NFR decision made by a health care professional who may not even have had a therapeutic relationship with the patient or their family. Doctors and nurses are professionally responsible to perform beneficently, justifying and respecting the rights of others (Thompson et al, 2006). Beneficence can be defined as an action taken that will benefit others and prevent and remove harm. Examples of harm are suffering and death (Herbert, 1998). If a health care professional fails to act beneficently it violates social, moral and professional standards (Beauchamp and Childress, 1989). This principle implies that the health care professional would be acting unprofessional by not commencing CPR. However, Casteldine (1993) implies that it is of greater beneficence for the health care professional to acknowledge end of life on certain occasions rather than using CPR, which could potentially cause harm, to prevent death. This implication is seen within the scenario. However it is imperative that the staff perform lawfully. Health care professionals are often faced with the  dilemma as to whether a certified decision has been made morally and legally accepted. This could result in disputes due to differentiating values and beliefs (Herbert, 1998). The NMC (2008) states that a patient, who does not possess capacity, should be protected. This may cause conflict in role responsibility in an NFR decision, as a health care professional not commencing resuscitation in the event of a cardiac arrest could potentially cause the issue of passive non-voluntary euthanasia. This is a further professional implication that the nurse may experience when a decision such as NFR is initiated. Passive non-voluntary Euthanasia can be defined as when the individual who dies is unable to give their consent and the individuals competent requests concerning euthanasia are not known, such as Katie’s wishes are not know due to her not having the mental capacity. In effect it involves not providing or discontinuing treatments that would be relatively successful in preventing the patient’s death because death is considered to be kind to the patient by the health care professional making the decision. Therefore, this type of euthanasia depends on other factors for its achievement in causing death, such as Katie’s underlying pneumonia which if left untreated could kill her or promote her inability to breathe satisfactorily without oxygen or respiratory assistance. By withdrawing treatment or as in Katie’s case creating an NFR that would normally be done for a patient with this condition, with the objective of causing the patient’s death out of compassion could be regarded as passive euthanasia and be interpreted as allowing the patient to die rather than killing them. Again when faced with such a situation the nurse must always abide by the NMC Code (2008) and act lawfully in their practice and they will not be accoun table for breaching their professional duties. In conclusion, this essay has contained numerous reasons why legal implications could arise due to Katie’s mother disagreeing with the NFR decision. When a health care professional makes a decision such as NFR, it is taken very seriously and as this essay has explained the health care professional has a legal obligation to justify their decision. They are required to follow the appropriate assessments and procedures before making their decision. The health care professional has a duty of care to their patient and they must ensure that they are considering the overall outcome and quality of life if CPR was performed and if it would be in their patient’s best interests or  potentially cause harm. It is imperative that they discuss all decisions with the immediate family and reassure the family that they are acting in the best interest of the patient (Hawley, 2007). Decisions such as NFR need to be regularly reassessed because a patient’s condition may improve or they may regain their capacity to make decisions. There are many legal and professional implications that the health care professional could encounter due t o such a decision. Therefore it is essential that they are aware of the law because they will be accountable for their actions. Ultimately they must be able to prove that they are acting in the best interests of the patient and be able to provide relevant evidence to support this. In this particular scenario, Katie’s mother was made fully aware of the NFR decision and what it meant if Katie was to have a cardiac arrest. She was involved in the decision making process and consulted regarding her daughters condition. Soon after the health care professional made the NFR decision Katie’s health deteriorated due to the Pneumonia and subsequently her quality of life was poorer than previously. It was at this point that Katie’s mum finally accepted the NFR decision and realised that it was in the best interests of her daughter that she should not be resuscitated. As the essay has shown, in the event that Katie’s mother pursued a clinical negligence claim against the Health Board, on the grounds that she believed the health care professionals in charge of Katie’s care were neglecting her daughters right to life, the likelihood of a ruling that Katie be for resuscitation in the event of a cardiac arrest would be unlikely due to Katie’s mental capacity, overall outcome, quality of life and the evidence supporting the health care professional’s decision that it would be in Katie’s best interest. In conclusion, the essay draws on the fact that all health care professionals, when making a decision such as NFR are required by law to assess patients mental capacity, follow a code of practice and always act in the best interest of the patients regardless of the patients families views and a patients disability. In order for this to be achieved, the Bolam Test and Section 4 of the MCA (2005) should be considered. The health care professional in this scenario conducted their decision process accordingly, following the correct assessments and legal frameworks, basing their decision on Katie’s best interests due to her ill health rather than her learning disability. 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