Journal on Hamlet’s quote Essay

Hamlet is one of Shakespeares most discussed plays. The drama has a lot of figurative language to be interpreted in various meanings. Among the famous quotes taken from Hamlet, perhaps the one bringing a wide range of different opinions is the line Hamlet said to his friends Rosencrantz and Guildenstern Why, then, tis none to you; for there is nothing either good or bad, but thinking makes it so: to me it is a prison. (Shakespeare, Hamlet, II, ii, 249.) There is a deep concept in this saying, which perfectly represents the reality and the values of right and wrong. In the context, despite Hamlet saying this line does not refer to the moral values in the society; it does reflect the theme of the play. In this scene when Rosencrantz and Guildenstern, his old friends directed by King Claudius to come and check on his madness, Hamlet simply is mocking his fake friends naiveness. However, this quote does not only have this joking effect, but also foretells the theme of the play. Hamlet is the play of revenge, of finding the truth, of defining what is right and what is wrong. The way the prince thinks about life is going to help him deciding on his actions. . . . for there is nothing either good or bad implies in this world, nothing being is given a low or high value, a righteous or foul reason to exist. The way people look at it, react to it, and perceive it make it good, or bad. For instance, killing is always considered a horrible crime, but in the play Hamlet has to decide to murder his own uncle. However in that situation it is not completely a crime. It may either be right or wrong, depends on each persons view on what is more meaningful, a life, or the elimination of bad deeds. The decision to defy something as right or wrong also depends on a lot of different background like historical, cultural and other aspects. Hamlet considers the marriage between his mom and his uncle two months after King Hamlets death is unethical. The truth is in other nations, relatives do get royal marriage right after death of a family member to remain the stability within the royal clan, which is considered great wisdom and of great moral. In each persons view, an event has various personal relations to his belief and moral conception; therefore the definitions of right and wrong, good and bad vary among people. The argument of right and wrong, or good and bad, perhaps is the main theme  of the play. Is revenge a good excuse for murder? Is Hamlet not doing the same thing as Claudius did to his father? The answers lay upon each audience and his own opinion, as the truth lays in thinking makes it so Work Cited Shakespeare, William. Hamlet. Rpt. in Compact Literature Reading Reacting Writing. By Kirszner and Mandell. 6th ed. 2007.

European Convention on Human Rights Essay

A.INTRODUCTION We live in the Digital Age and in a fully globalized world in which intellectual property rights (IP rights) are no longer configured in the same way they did before. That is why the Anti-Counterfeiting Trade Agreement was designed in order to respond to new technological and human challenges. But when ACTA was revealed to the public opinion an intense debate emerged from the first moment and almost immediately civil and Internet organizations totally opposed to the content of ACTA alleging that the agreement was a serious violation of fundamental rights. On the other side, the signatory states, the right holders of those IP rights and the European Union, defended Intellectual Property as an engine of economic growth, job creation and encouragement of innovation and artistic and technological creation. The purpose of this seminar paper is to explain which provisions of ACTA hinder fundamental rights as enshrined in the different European catalogues of human rights, namely the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. But the scope of ACTA is much wider, it covers topics such as generics medicines, innovation and competition, which are not objective of this paper and therefore they will not be analyzed. In order to understand which violations are perpetrated by ACTA, this paper is divided in four parts. In the first one I will explain what is the Agreement and how was negotiated. We will see that is a matter of great topicality since the final vote at the European Parliament is about to take place, specifically in a month. Second, I will explain how those catalogues of fundamental rights relate to each other. In other words, how a multilevel of protection of fundamental rights affect the guarantees protected by those rights. Third, I will analyse which provisions of ACTA do not respect European fundamental rights. Finally, I will draft some conclusions. B.THE ANTI-COUNTERFEITING TRADE AGREEMENT I.WHAT IS ACTA The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral agreement  which its main objective is to establish a harmonized standard for the enforcement of intellectual property rights in order to combat the violation of protected rights all around the world. In order to fulfill this task, the agreement contains provisions on international cooperation between States and the coordination of law enforcement, especially the introduction of civil and criminal sanctions for intellectual property infringements , such as counterfeit goods, generic medicaments and copyright infringements on the internet. The countries involved in the Agreement are the United States, Japan, Canada, the European Union (with its 27 Member States), Switzerland, Australia, Mexico, Morocco, New Zealand, South Korea and Singapore, making a total of 11 contracting parties. Since ACTA is an international agreement that bounds only the contracting parties, it is a method of creation of a new international law. According to the EU Commission â€Å"ACTA will help countries work together to tackle more effectively Intellectual Property Rights (IPRs) infringements† . So the interest of the EU to sign this agreement resides in the concern of remaining at a relevant position in the global economy and by this way being able to protect the jobs related to intellectual property all around the European Union. The Agreement is divided in Chapter I for Initial provisions and general definitions; Chapter II for the Legal framework of enforcement of Intellectual Property Rights (and subdivided in Section 1: General Obligations with Respect to Enforcement, Section 2: Civil Enforcement, Section 3: Border Measures, Section 4: Criminal Enforcement and Section 5: Enforcement of Intellectual Property Rights in the Digital Environment); Chapter III for Enforcement practices; Chapter IV for International cooperation; Chapter V for Institutional arrangements and Chapter VI for Final Provisions. II. HOW IS ACTA BEEN NEGOTIATED During the whole process of negotiation of ACTA, much criticism has arisen due to the lack of transparency and the possible violation of fundamental rights. The potential infringements of fundamental rights will be discussed at a further moment and now we will see how the whole agreement was decided. On 23 October 2007 the office of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a â€Å"new international agreement focused on  cooperation, best practices, and a strong legal framework for Intellectual property rights enforcement†. Since then, eleven negotiation rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was never negotiated under the scope of the WIPO or the WTO. The Member States of the European Union were represented by the European Commission and the Presidency of the Coun cil. The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council Decision on the conclusion of ACTA , and in December 2011 the final version of the Agreement was adopted unanimously by the Council and signed by the European Commission and 22 Member States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia have not signed it yet). In order to be part of EU law the Agreement must be ratified by the EU, which means approval by the European Parliament under the procedure for international commercial agreements described in Article 218(6) TFEU and ratification by Member States under their national procedures. Knowing that there is a need of a vote at the European Parliament, the society has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of some NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreseen at Art. 218(11) TFEU, to decide to refer the Agreement to the Court of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was: â€Å"Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of Fundamental Rights of the European Union?†. It is known that rulings from the ECJ take time, but until the opinion is made, the European Parliament decided to uphold its vote until the ECJ had made any conclusion . However, it decided that it will continue to supervise the Agreement. The next logical step would had been to make another referral to the ECJ by the European Parliament, but on 28 March, this Institution decided to reject a referral to the Court of Justice because there was â€Å"no need to do so, because the file will anyway go to the court – according to intentions announced by the European Commission†. It was surprising how the EU Digital Agenda Commissioner  Neelie Kroes suggested at a conference on internet freedom in Berlin on 4 May 2012 that ACTA was probably not going to be ratified since she stated that â€Å"We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde†. This does not mean that the Agreement will be immediately rejected, there is a need to hold a vote at the European Parliament in order to do so. The final vote on ACTA has been scheduled for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP committees will be giving their opinions on the 31 May 2012, namely the Legal Affairs Committee (JURI), the Industry Committee (ITRE) and the Civil Liberties Committee (LIBE). Once these committees have drafted an opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA. As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but also for the MEPs and some other Organs of the European Union, like the European Data Protection Supervisor. Remains to be seen what the final decision of the European Parliament would be and this will undoubtedly have consequences in both ways: If ACTA is ratified by the Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the support of the European Union. So we still need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the issue is really topical. C.THE DIFFERENT LEVELS OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE In this section I will explain the relationship between the different catalogs of fundamental rights that concern this seminar paper, namely the German Basic Law, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification can raise questions to EU citizens when they seek  the protection of their fundamental rights, since they exist up to four catalogues: the national constitutions, the ECHR, the case law of the ECJ and the Charter . I.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS THROUGH THE ECJ AND THE ECtHR At one first moment the ECJ declared it had no jurisdiction to ensure compliance with national law, which did include a catalog of fundamental rights within the national Constitutions. This first stage was changed after the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general principles of Community Law , and the CJEU has the task to protect them, but it didn’t say which rights were those: â€Å"Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general principles of Community Law and protected by the Court†. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft judgment of 17 December 1970. Here the Court confirms the existence of general principles for the protection of fundamental rights within the Community Law inspired by the constitutional traditions common to the Member States : â€Å"[†¦] in fact, respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the Community†. But the ECJ stated that Community law could not be judged against national law, even constitutions: â€Å"[†¦] the validity of a Community instrument or its effect within a Member State cannot be affected by allegations that it strikes at either the fundamental rights as formulated in that States’ constitution or the principles of a national constitutional structure.† By this way, the Court had to analyze the situation under the national law of the Member States when it was faced with a situation with no legal or insufficient response. Four years later, the Nold judgment of 14 May 1974 made a reference to international treaties as elements of inspiration for the definition of a scope of fundamental rights, but also the ECJ stated that it cannot go in a different dir ection to the one established in the constitutional laws of the Member States. By doing  so, the rights recognized in the different legal orders where the limit to the action of the ECJ: â€Å"In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. As the judgment states, the ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), becoming this latter treaty the maximum standard for the protection of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as source of inspiration does not mean that t he rights within can be invoked in ECJ. The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that: â€Å"[†¦] that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures; that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community; and that, similarly; international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished two things: To incorporate a central feature of modern constitutions into t he corpus of EC law and to help strengthen the authority of EC law against potential challenges before national courts in the name of domestic constitutional rights . The next step in cooperation between Community law and the ECHR was given in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violated the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the problem at issue  was whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, but the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of â€Å"equivalent protection† to the ECJ, meaning that â€Å"State action taken in compliance with such leg al obligations is justified as long as the relevant organization is considered to protect fundamental rights, as regards both the substantive guarantees offered and the mechanisms controlling their observance, in a manner which can be considered at least equivalent to that for which the Convention provides† . The Court continues: â€Å"If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization† . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a single catalog of European law . But what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it: â€Å"Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection†. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible confusion of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights . II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNION The main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal Constitutional Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German Basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German Constitutional Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law. But in 1993, the German Constitutional Court seemed to go back to the previous doctrine of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it wanted to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the Basic Law, so for this purpose it extends the meaning of public power and declares that no matter what kind of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will always have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court every time their activity fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained tha t the previous doctrine was a â€Å"misunderstanding†. The German Constitutional Court will review  possible violations of fundamental rights only if the European Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This means that while the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the supremacy of Community law concerning the protection of human rights, but this supremacy has finally been recognized as a prerequisite for Germany to participate in the European Integration Process . III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS The European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Federal Republic of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Và ¶lkerrechtsfreundlichkeit of the Basic Law , which means that Germany’s fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR needs to be taken into account without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Gà ¶rgà ¼là ¼ judgments. It is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that â€Å"the authorities and courts of the Federal Republic of Germany are obliged, under certain condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions.† . By saying â€Å"taking account† and not, for example, â€Å"comply  with† the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the competent court under the German legislation needs to give reasons why this doctrine can be applied . In fact, the German judgment states : â€Å"If [†¦] the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must di scernibly consider the decision and, if necessary, justify understandably why they nevertheless do not follow the international-law interpretation of the law.† The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHR’s decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpretation of those rights. IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE? It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other: -ECJ draws inspiration of national constitutional traditions and the ECHR; -The Charter has its minimum standard of protection in the ECHR; -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights it  does it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues. D.ACTA AND FUNDAMENTAL RIGHTS ACTA have undeniable effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are: -The right to freedom of expression and information (Art. 5(1) BL; Art. 10(1) ECHR; Art. 11(1) Charter); -The right to privacy and data protection (Art. 10(1) BL; Art. 8(1) ECHR; Art. 7 and 8(1) Charter); -The right to a fair trial (Art. 103(1) BL; Art. 6 ECHR; Art. 47 Charter); We will also discuss about the â€Å"fundamental principles† that ACTA seems to guarantee. I.THE RIGHT TO FREEDOM OF EXPRESSION AND INFORMATION Art. 10(1) ECHR guarantees the right to freedom of expression and information, but also the right to freedom to hold opinions and to receive and impart information without interference of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information: online newspapers, video channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the foundation of a democratic society: â€Å"The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a â€Å"democratic society†. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man† . Moreover, the UN Special Rapporteur on Freedom of Expression has declared that access to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedom  of expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences: 23(1): Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale [Fn]. For the purposes of this Section, acts carried out on a commercial scale include at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered as criminal offences. We should ask whether private file sharing match the nature of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contracting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to meet the legal certainty required. Another worrying provision from Art. 23(1) ACTA are the notions of â€Å"commercial scale† and â€Å"direct or indirect economic or commercial advantages† which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or trivial . Since there is no list again of what acts could be done at a â€Å"commercial scale† this is not sufficient to see whether that notion would fit under the definition that the European Union gives to â€Å"commercial scale†, which excludes those acts â€Å"carried out by private users for personal and not-for profit purposes† . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and trivial Internet data exchange, which its main purpose is not to violate IP rights, but the possibility to expre ss, be informed, hold opinions and to receive and impart information which are essential for a democratic society. One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP liability  and the â€Å"three strikes† rule. This was originally intended by the drafters of the Agreement which did not please the public opinion when a provisional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating â€Å"liability of online service providers, including restricted safe harbours; takedown or removal of material at the request of rightholders; and third party secondary, and contributory liability. In prior proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts†. In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA: Art. 27(1): Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2): Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy. [fn] Footnote: For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder. There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of alleged IP rights violations and therefore deprive them  of their right to freedom of expression and information. II.THE RIGHT TO PRIVACY AND DATA PROTECTION Art. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . Both rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4): Art. 11: Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations tha t the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution. Art. 27(4): A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and  privacy. Under Art. 11 extensive disclosure orders are allowed . This covers â€Å"infringers†, â€Å"alleged infringers† and â€Å"any person involved in any aspect of the infringements or alleged infringement†, they also include â€Å"the identification of third persons alleged to be involved†. In addition, Art. 27(4) allow data disclosures for the purpose â€Å"to identify a subscriber whose account was allegedly used for infringement†. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC : â€Å"any information relating to an identified or identifiable natural person (â€Å"data subject†); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number†. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and prevention of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights. Moreover, this monitoring would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals’ private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection. III.THE RIGHT TO A FAIR TRIAL The right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Và ¶lkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for a  fair trial: Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for pr ovisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception. This is against the principle of â€Å"equality of arms† defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his â€Å"equality of arms†. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which â€Å"competent authorities† the article refers to. In opinion of the EDPS the ambiguous concept does not provide with the sufficient legal cert ainty of whether the disclosure of information would be taken place by judicial authorities. He believes that such concept could also include administrative bodies that are not embodied with the sufficient â€Å"guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial†. It must be also considered that ACTA enable to private parties to adopt functions that belong to judicial authorities and it seems as if there is a â€Å"privatisation† of IP rights law . Art. 27(3) enable the â€Å"business community† to address IP infringements: Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy. Right holders cannot judge  whether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts †may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law†. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that â€Å"Lack of transparency in the intermediaries’ decision making process also often obscures discriminatory practices or political pressure affecting the companies’ decisions† and â€Å"To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restrictions to these rights after judicial intervention† . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the â€Å"business community† with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter. IV.THE â€Å"FUNDAMENTAL PRINCIPLES† The digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve â€Å"fundamental principles such as freedom of expression, fair process and privacy†. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include â€Å"fundamental rights† instead of â€Å"fundamental principles†, since freedom of expression and privacy are not â€Å"principles†, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a â€Å"fair trial† or to the right to â€Å"due process†, instead they referred to the term: â€Å"fair process†, which, as confirmed by the European Commission , that is not a fundamental principle of international law. To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be â€Å"in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy†. It seems that such terms are not intended to properly ensure  fundamental rights in the way they do the different European catalogues. D.CONCLUSIONS It is true that IP rights must be protected and since we live in a digital era, that task has become more difficult due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights. This is something that the ECJ stated twice in the Telefà ³nica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a â€Å"a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other†. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet). Meanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop thinking in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.

Undarstending Life of Older Persons with Special Needs

CHERRYFIELDS HOUSING WITH CARE Address 2D Cherryfields Lawn Hartstown Clonsilla Dublin 15 01 8097 134 begin_of_the_skype_highlighting  [pic]FREE  01 8097 134  end_of_the_skype_highlighting Information Staff is trained to Fetac Level 5 Residents are involved in agreeing their individual plan of care and support which includes medication management, personal care needs, diet/nutrition, social, spiritual and emotional care, all of which are enshrined in the core values of the Organisation.Cherryfields opened in 2006 as the first scheme of its type in Dublin, offering another choice in care to those in need of a more supported living environment. Cherryfields provides 27 units of accommodation specifically for dementia care and 29 units for older people in need of 24 hour care and support. Cherryfields is not a Nursing Home and residents in upstairs accommodation have complete freedom to come and go as they please. Each dwelling is carpeted; ensuite bathrooms are provided with non slip flooring.A range of storage is provided within each dwelling, including lockable units for use by residents. Each dwelling has a TV and telephone point. Residents have a key to the front door of their own dwelling. Staff call points are provided throughout each dwelling in case the resident requires assistance. Cherryfields provides a homely environment within easy access of local shops in Hartstown. At Cherryfields, Fold Ireland has provided three bungalows, each with 2 bedrooms, which are allocated in association with Fingal County Council. ACCOMODATIONFold Ireland currently has two Housing-with-Care Schemes in Dublin; Cherryfields is situated in Hartstown, Clonsilla, Dublin 15 and Anam Cara is in Glasnevin, Dublin 11. Each Scheme provides 56 units of accommodation; ground floor dwellings in each location provide a secure environment for those with dementia. Residents have their own flat let. This is their own home, where each is encouraged to bring personal belongings to ma ke it a home-from-home. Each flat let has built-in wardrobes, en-suite and kitchenette, but is otherwise unfurnished.Both schemes have communal areas where residents can socialise and take part in group activities. Our Schemes have garden and/or patio areas for the residents to enjoy, which are secure, well maintained and sensory in nature. FACILITIES In Housing-with-Care, arrangements can be made for access to hairdressers, dentists, chiropodists and other professional services to come into the Scheme. Residents may of course choose to retain existing arrangements for such services. DINING Fold Ireland believes in providing a well balanced diet for residents using fresh and seasonal ingredients.When a resident moves in, we will discuss their dietary requirements, including any specially prescribed diet. The catering services are inspected by local Environmental Health Services ensuring full compliance with Safe Catering Guidelines and Food Hygiene requirements. Meals are generally served in communal dining rooms, allowing residents to meet and socialise in small groups. There are daily menu choices for each meal. ACTIVITIES Remaining active is the key to a long and health life. At Fold Ireland we embrace this, and Housing-with-Care provides a range of activities throughout the week.Residents are encouraged to bring their own ideas for activities and participate in developing the programme of events. From time to time day trips, shopping outings and evening social events may be arranged. HEALTH The health of our residents is as important to us as it is to you. Where possible residents will retain their own GP and other healthcare providers, or we will assist in arranging new providers where this is not possible. Fold Ireland will manage all aspects relating to medication if required, and can support residents to keep managing these themselves if that is an agreed choice.THE COAST OF HOUSING WITH CARE There is a weekly rent for the accommodation and charge for care services provided. These prices have been agreed with the HSE. The care costs are means tested by the HSE and the rent is payable by the tenant at a rate of â‚ ¬108 per week. Tenants must contribute a small amount to the care costs each week pending their financial situation. A financial assessment is completed by the HSE in order to decide this. The HSE meets each tenant before moving into the schemes. Included in the charge are the resident’s meals, heating, electricity, laundry services and repairs to the property.Services that are not included within the weekly charge are those of a personal choice including: a telephone in your room, hairdressing, chiropody and prescription charges. ELDERLY PEOPLE&THOSE WITH DEMENTIA Our Housing-with-Care schemes for Older People and those with dementia provide a relaxing and friendly atmosphere where the residents can feel secure and cared for. These schemes provide tailored care and support to residents, whilst promoting a heal thy lifestyle through social activities, exercise and other activities agreed with the residents.Residents are encouraged, where possible, to remain in control of their affairs, maintaining their independence for as long as possible. For those with dementia we aim to prolong our residents' cognitive and mental skills through a range of daily activities, which enable them to exercise their minds and bodies. This not only engages them but also provides an ideal opportunity for each resident to socialise. Fold Ireland understands that it is not only the person with dementia that is affected by this condition; it's their family, friends and careers as well.We offer support as needed while the resident progresses through the dementia condition. Fold Ireland works in association with The Health Service Executive. HSE undertakes unannounced, periodic, inspections at both Housing-with-Care Schemes. BIBLIOGRAPHY: †¢ http://www. foldireland. ie/ †¢ http://www. foldireland. ie/pages/ 24/elderly-people-and-those-with-dementia †¢ http://www. foldireland. ie/pages/30/the-cost-of-housing-with-care †¢ http://www. foldireland. ie/pages/29/health †¢

Internship Essay Example | Topics and Well Written Essays - 750 words

Internship - Essay Example In addition, the communication goal entails having proficient skills in the written materials that I pass on to other departments. It is vital that this goal was achievable. This regards the fact that it possessed direct and achievable procedures in attaining its proficiency. In building the same, it was the same to build on a feasible rapport with the employees and mangers. This became the fundamental idea in highlighting the vital strategies in enhancing communication. This relates to the idea that communication is vanity without a core rapport with the partners in the same. The goal was to make the employees friends. In this sense, I could articulate proper responses and communication to fellows. To begin with, proper listening skills were vital accompaniment of communication. This occurred from the realization that individuals pay attention to those who conduct the same (Buhler 78). This means that communication was a means to achieving other objectives of affectivity in relationships. Listening was essential for manifesting caring nature in the conversations. More essentially, daily conversations contributed to enhancing relations and communication skills. The practical way of achieving the same pertained to asking relevant questions. In addition, gratitude was an essential way of engaging others in building one’s communication skills. Since the HR department dealt with employees’ welfare, it was vital to express appreciation for their work. This was an essential way of creating response scenarios with employees. More essentially, it was vital to express appreciation in amiable ways. This pertained to avoidance of sarcasm in the same scenarios. In close relation to the same, expression of empathy helped build communication platforms with employees. It creates mutually benefitting scenarios for constructive communication. Additionally, humor was a superb skill of enhancing communication. It was an

Human Development Essay Example | Topics and Well Written Essays - 500 words - 1

Human Development - Essay Example Good mood is conducive for human development. Networking Good social relations are compulsory for human development in the contemporary age. Man is referred to as a social animal. This essentially means that a big part of our identity is derived from the social relations we cultivate. The society in which we live constitutes people from all professions. In order for an individual to grow, he/she needs to achieve more in less time. This is only possible when one knows the art of being in the right place in the right time. It does seem a bit odd, but it works! People use their links to get the works done in seconds that would otherwise take them days, months, or perhaps years to do. Networking connects people to others who can fulfill their needs. Reflection Reflection is a very useful exercise that is increasingly being made use of these days. People are encouraged to reflect upon their experiences on every level. For example, students are given assignments by their teachers in school s to reflect upon their experiences. By making it part of their education, educationalists are encouraging people to make reflection a necessary part of their life. â€Å"The process of reflection is an integral part of teaching practice† (une.edu.au, n.d.).

Mareting and design Essay Example | Topics and Well Written Essays - 2000 words

Mareting and design - Essay Example des the customer with a quality product which satisfies his needs, making it as one of the key reasons that brands still enjoy the popularity amongst its customers and at the same time, attract fresh clientele. The paper would be discussing the ways The Body Shop uses its brand to gain leverage against it competitors in the market and create a niche market position. The Body Shop was founded in 1976 by Anita Roddick, a social activist and environmentalist, who believed that using the natural ingredients are the best way to take care of the body and remain beautiful. It makes a huge range of body care products from natural ingredients from across the world and caters to people of all strata. There are around 700 products under different categories such as: facial skin care; make-up; bath and body; hair; fragrance; gifts and accessories (BodyShop). The products can further be categorized as per the natural ingredients like aloe Aloe Vera cream, musk oil etc. The company was taken over by L’Oreal in 2006 but has retained it brand name. The company prides in using natural products from all corners of the world and contributes to sustainable business practices by ensuring that the ingredients used in the products are from sustainable source where deforestation is not involved or cruelty to animals has not been part of business process. It subscribe to humane cosmetic standard and works towards the welfare of animals and community. Brand can broadly be defined in terms of name, symbol or design that identifies product and services of particular company which can be clearly differentiated from other products in the same category. Brand delivers value and provides the companies with competitive advantage to gain a niche market position. Kotler asserts that in the contemporary environment of highly competitive business, ‘brand building is needed because products are the same’ (Kotler, 2005). Brands ensure that they meet the changing requirements of the people.

Open Veins of Latin America Term Paper Example | Topics and Well Written Essays - 1250 words

Open Veins of Latin America - Term Paper Example On the other hand, Latin America existed in bondage and the significance of self-identity was not accessible to them (Galeano 12). In most cases, the colonizers seize the natural resources of the colonized nation, and they send to their own country. Earlier, the colonized people used to be sold out as slaves to other countries that used to liaise with the colonizers. Those who try to resist the rule of the colonies are tortured and jailed for long sentences without trial (Galeano 12). However, hard fighting, struggling and opposition to the rule of the colonizers and major revolts have led to the collapse of great colonizers. Therefore, the fall of colonizers is inevitable, and it cannot remain intact forever (Memmi 36). This write up will explore the relationship that exists between colonizers and the colonized, by looking at a typical example of colonizers and the colonized. Further, the paper will display the reasons that led to the downfall of some of the greatest colonizers. Thi s relationship will be explained in the context of colonialism. The basic argument in this essay is that, the objective situation that man finds himself in, determines his character, personality and behavior (Memmi 44). The cognitive map of then colonized and the colonizers, as well as their perceptions, influence the way they react to colonialism (Galeano 12). The behaviors of colonizers are characterized by brutality, bigotry, exploitation and oppression. Colonizers assume this behavior towards the colonized immediately a colony is established. The social rules and institutions that already influence this conduct in existence, in the colony. It is essential to note that, colonialism is chiefly driven by economic gain. The consciousness of the bondsman and the master oppose each other as the master works hard to maintain the status quo, while the slave strives to break the bondage. This results to a revolt that ends the era of oppression. However, the freed slaves experience many d ifficulties when reorienting themselves to live with abundant freedom. They were used to experiencing the harshness of their master to a point of thinking that that harshness is the best way of life. To reinforce this argument, this paper will look at the example of Italians who did not have any economic interests from their colonies (Galeano 22). The Italians maintained a close relationship with the colonized, almost to a point of forgetting that they were colonizing a nation. This is very different from what used to happen in Latin America, as her Europeans maintained a great distance between them and the Americans. Another reflection is on how the colonizers view the colonized. They judge the colonized using their own standards that are highly subjective. The portrait that colonizers carry about the colonized is mythical, and it lacks any objective truth in it (Galeano 31). Negative traits are incorporated in the attribution that colonizers have toward the colonized. These attrib utes include corruption, laziness and civilization deficiency in the eyes of the colonizers. Racism issue is central to this discussion as it undermines the struggle for fair treatment and justice among members of the human family (Galeano 44). Racism is characterized by imaginary expressions that are substantive towards an accused person by the accuser to their own benefit. Further, colonizers spread racism propaganda that turns the colonized to an

Management Issue Paper Essay Example | Topics and Well Written Essays - 1000 words - 1

Management Issue Paper - Essay Example bably consent on is that there are several outstanding issues facing business managers today, irrespective of whether they are running on a multinational organization or a one man plus company (Christiansen 172). Companies today place multiple demands on leaders, requiring them to make difficult decisions, impart vision and initiate change. Managers should be adaptable and flexible to handle these demands. Several business companies have one challenge seen to be the main one in business, for example, leadership. Strongest teams comprise of a variety of workplace personality types from leaders, doers, thinkers and nurtures. Whilst no one category is enhanced than the other, a team works best when mutual respect and genuine, balance for different working styles are present, and it takes a spontaneous and a strong leader to make all these personalities work acceptably together (Christiansen 174). There is no doubt that leadership methods too vary extremely, and some of the successful business leaders of the world’s niceness, go unnoted, for example, Thomas Edison, Steve Jobs and Henry Ford. The good news during a recession, however, is that, according to Daniel Goleman, a psychologist, those managers most likely to triumph during difficult times are those with empathy, tough social skills, and those with the ability to inspire skyscraping performance in others. Goleman’s conclusions to three main qualities to success came after his studies of understanding leaders (Christiansen 182). The three qualities are social awareness, emotional self-control and empathy. A survey among FTS350 organizations by the CBI issued in November 2011 discovered that of the 122 corporate managers who took part, 70 percent said that their confidence level in the economic viewpoint had fallen in the recent 3 months; however, only 30 percent of them believe that their company’s projects have deteriorated. Fifty-seven percent thought their prospects had remained the same and 11

What are some of the ethical problems in human experimentation which Essay

What are some of the ethical problems in human experimentation which have arisen from the understanding of human beings in behavioural psychology - Essay Example The development of this industry has led to the fact science began to perceive the person as an object that can be explored. In this regard, the man-machine concept was extremely important because it allowed scientists to consider human psychology as an automated system operating in accordance with certain principles and laws. Despite the fact that such understanding of a man has allowed Ivan Pavlov to make a number of discoveries, however, modern human experimentation faces a number of ethical issues that have arisen largely due to behavioural psychology. On the one hand, human experimentation is of particular importance for humanity. As a result, there is an urgent need to address the ethical issues that arise in this area. In particular, it is about issues such as the conversion of a human being into a mechanical object, the violation of the human right to preserve one’s dignity, etc. This paper analyses the role of behavioural psychology in the development of the â€Å"ma n-machine† concept as well as ethical issues that characterize modern human experimentation. As it is known, the problem of human psychology and the human soul has always worried scientists and philosophers from around the world. This problem has always been interesting due to the fact that it allows one to answer the question of the interaction between body and soul, the physical and mental processes. Indeed, human thoughts and feelings are not like a physical object. They differ from the human body consisting of cells, blood, etc. Each person has the ability to control his or her body through his or her thoughts and emotions. The mind-body problem defines a constant search for the answer to the question about the essence of human psychology and the human soul. In this regard, the ancient philosophy has made a significant contribution to the development of psychology. The ancient Greek

Production and International Logistics Case Study

Production and International Logistics - Case Study Example In the early 1900, Henry Ford, the owner of Ford Motor company became the world's richest men by his mass production success in the automobile industry. During World War II, the US government also requested him to mass produced bomber air crafts for the US Air Force. Ford Motor Company's production system during those years is a good example of a mass production system. Demand was so high, Ford has to mass produced to satisfy demand. Ford has all the good reason to hold high inventories during those years, that was, to please his customers by keeping a steady supply of his automobiles. This is also one of the reasons why some firms chose to mass produced. Another reason is the uncertainties in supply and supply capacity (Morton 1999). Toyota saw the success of Ford Motor but cannot replicate Henry Ford's production strategy due to the devastation suffered by Japan's economy after the war. This gave birth to a new concept of production where inventory level is zero, the lean production system, otherwise known as the Just-in-Time or JIT system. In the Machine That Changed the World, James Womack, used 'the term lean production to describe the profound revolution in manufacturing that was initiated by the Toyota Production System (cited by Asay, D. and Ott, S ,1998 ). Toyota's factories, along with most of its suppliers, can be spotted around Toyota City. Delivery of components and parts depended on the speed of the assembly line, and parts were delivered using logistics just at the right time when these are needed. The system eliminates the need to carry large inventories but close coordination between suppliers and logistics for the success of the system. When delivery of components or raw materials lagged behind, or when there are defects on deliveries, the strategic advantage and benefits that could have been gained from using the lean concept would be defeated. This led adherents of JIT to embark on a system of managing inventory and logistics in collaboration with total quality management (Heizer, Render 2001). The movement of supplies and other commodities from suppliers to users or consumers in the supply chain is a function of logistics. This is particularly important in a global economy where competition is borderless. International logistics therefore plays an important role in the success of production. The following section compares and contrast the traditional mass production system and lean production system. 2.0 Mass Production vs. Lean Production Traditional mass production differs from lean production in its overall organizational characteristics and manufacturing methods. Let us compare and contrast mass production as against lean production on the following terms: business strategy, organizational culture, customer relationship, production and scheduling, inventory management, quality assurance, information management and manufacturing cost. 2.1 Business Strategy In mass production strategy, the focus is on exploiting economies of scale of existing products and technologies. This strategy takes advantage of the decrease in the unit cost of the product as the volume of production per period of time increases (Kroll, et al, 1996). On the other hand, lean production strategy is customer focused. It seeks to identify and exploit new opportunities and competitive advantage through product design,

Economic growth Math Problem Example | Topics and Well Written Essays - 500 words

Economic growth - Math Problem Example This is important for an organization gets to understand the weakest links in the organization and deals with them appropriately. Provided I have all information, regarding the average output per worker and the physical capital per worker for each of the countries, it is possible to calculate the relative productivity of the country. Considering: It is thus appropriate to state dividing the quarter root of the stated output per worker and dividing by physical capital per worker offers the relative productivity per worker for a each of the countries. The differences in the levels of production in a particular country mainly depend on output per-worker in the various organizations in the country. There are different organizations that let their workers operate without following up on the attitudes expressed by employees while working. Employees that perform poorly under supervision are the main reason why the output per worker is usually low (Weil, 2013). The consequent of this is the entire country having a low Gross Domestic Product and thus low productivity levels in some countries. However, there are some countries that are strict with regard to the performance of the organizations and as expected the result of this is having hard working people, this raises the Gross Domestic Product. With a high GDP, the productivity levels are normally high. Government policies can lead to high productivity if for example they focus on the rights of workers and ensure that they receive fair treatment. This leads to workers with increased m orale and consequently high productivity levels. Another example is having policies that seek to ensure that politicians do not interrupt economic processes and let the actual experts, economics, focus on these

Alfred Adler Essay Example for Free

Alfred Adler Essay Alfred Adler born February 7, 1870, received his medical degree in 1895, he took an interest in social issues and, in 1902, became part of Sigmund Freuds circle of friends. He created the International Psychoanalytic Association (IPA) in 1910. He and Feud worked together for many years but eventually their relationship soured and Adler left to form his own school of individual psychology. Their major point of disagreements stems from the aspect of sexuality Adler rejected Sigmund Freuds emphasis on sexuality and theorized that neurotic behavior is overcompensation for feelings of inferiority. He objected to the Freudian emphasis upon sex as the root of neurosis. To him a feeling of helplessness during childhood usually leads to an inferiority complex, as he too was ill during his childhood. Adlers theory focused on social forces, and his therapy focused on overcoming the inferiority complex through positive social interaction. Adler also rejected Freuds theory of the libido. He considered the individual as a complete being, whose social goals at the present began earlier on as an infant who has feelings of inferiority. And therefore compensation and the search for power and supremacy, as well as the sense of belonging to a collectivity is the most basic goal for such a client. Adler considered psychic development to be the formation a lifestyle, starting with early childhood, and that later symptom had to be taken into account from this point of view. Freud on the other hand placed more emphasis on sexuality as a motive. The Psychoanalysts say behavior is determined by unconscious motivations, irrational forces, instinctual drives and psychosexual events occurring during the first six years of life. Freud once commented: For, whether a man is a homosexual or a necrophilic, a hysteric suffering from anxiety, an obsessional neurotic cut off from society, or a raving lunatic, the Individual Psychologist of the Adlerian school will declare that the impelling motive of his condition is that he wishes to assert himself, to overcompensate for his inferiority, to remain on top, to pass from the feminine to the masculine line. 1 To Adler, the most important motive is the feeling of inferiority, which he felt originated in the sense of dependence and helplessness which infants experience which differs remarkably from Freud concept. In essence Psychoanalysts strive for fundamental reconstruction of an individuals total personality whereas Adlerian thought focuses on the patient re-educating and re-organizing his priorities and goals. True changes to a Psychoanalyst therefore comes from an individual gaining self awareness by bringing unconscious thoughts ,motivation, feelings and experience into the conscious so that behavior is based more on past reality than present social state of the mind. A second difference is on the nature of environmental stimuli. Adler stressed consideration of the individual in relation to his total environment. His system emphasizes the uniqueness of the individual and his relationships with society. Adler said it is not the childhood experiences that are crucial, it is our present interpretation of these events that matter. Unconscious instincts and our past do not determine behavior. Mental health therefore is measured by the degree to which we successfully share with each other and are concerned with their welfare. To them, encouragement is the most important method available for change of a person’s belief and clients are told they have the power to choose to act differently. Adlers early career was marked by a zeal for social reform, often expressed in articles in socialist newspapers. His first professional publication was a social-medicine monograph on the health of tailors. He could not agree with Freuds basic assumption that sex was the main determinant of personality, and all that this implied: the dominance of biological factors over the psychological; the push of drives, making for identical, predictable patterns; the part commanding the whole; pleasure-seeking as mans prime motivation. Whereas Freud tried to explain man in terms of machines and animals, Adler sought to understand and influence man precisely in terms of what makes him different from machines and animals. Individual psychology therefore has the kind of simplicity which comes with concreteness, dealing as much as possible with what can be observed and as little as possible with what must be taken on faith. A chagrin that Freud was not amused with when he commented Such doctrine is extremely welcome for the lay man because a theory such as this is bound to be very welcome to the great mass of the people, a theory which recognizes no complications, which introduces no new concepts that are hard to grasp, which knows nothing of the unconscious, which gets rid at a single blow of the universally oppressive problem of sexuality and which restricts itself to the discovery of the artifices by which people seek to make life easy. As: the mass of the people themselves take things easily: they call for no more than a single reason by way of explanation, they do not thank science for its diffuseness, they want to have simple solutions and to know that problems are solved. 2 Many of the aspects on which these two fields differ are. Goal-striving Adler saw man imbued with a unitary dynamic force, a striving from below to above. Since this striving is an intrinsic necessity of life itself, like physical growth, there is no need to infer a further source of energy for it. Which energy the psychoanalyst believed can be got from reflection through free association To Adler. To understand the personality or any behavior, one must seek its purpose. The desires of the self ideal were countered by social and ethical demands. If the corrective factors were disregarded and the individual over-compensated, then an inferiority complex would occur, fostering the danger of the individual becoming egocentric, power-hungry and aggressive or worse. To a psychoanalyst like Anna Freud each development phase constructs on the previous one. She says that psychological disorders could be most effectively studied in its developmental and evolutionary phase. We must look at beginnings and end points of a client’s life. She encouraged the observance of clients in their natural settings and then constructs the relationship with systematic observation from the consulting room. Another concrete phase was the relationship between the Therapist and the Patient. The therapists function, according to Adler, is not to treat mental disease as is the case with psychoanalysis, but to divine the error in the patients way of life and lead him to greater maturity. To this end Adler introduced a number of diagnostic approaches. Among these, his theory of dreams, the meaning of early childhood recollections, and the role of birth order in the family. Alfred Adler believed a great deal in the effect that birth order has on an individual. Adler believed that family constellation, where ones position was in birth order, played a crucial part in individual development. Adlerian therapy entails several stages.

The Life And Work Of Carl Rogers Philosophy Essay

The Life And Work Of Carl Rogers Philosophy Essay Carl Rogers was born on January 8 1902 in Chicago, Illinois and was the fourth of six children. His father was a successful civil engineer and as such was often away from home, leaving his mother to raise them and so he grew up closer to his mother than to his father. His family was very close, however, and highly religious but friendship outside the family was discouraged; reason being that others behaved in ways that were inappropriate and contrary to the familys beliefs. These included smoking, drinking, going to the movies etc. and so the family decided that it was better to live separate from such folk and to avoid communicating with them, but the best that they could do was to be tolerant of them. Rogers was a loner in school and as such took refuge in books. He read everything possible including dictionaries and encyclopaedias. When Rogers was 12 his father moved his family to a farm such that they could live in a more wholesome and religious atmosphere. There his father insisted that they run a farm and it was here that Rogers developed a deep interest in agriculture. After high school he enrolled in the University of Wisconsin in 1919 to study agriculture, however because he was still very active in church activities he was chosen in 1922 to attend the World Student Christian Federation Conference in Peking, China. This trip was a life changing experience for Rogers that lasted six months and which, for the first time, allowed him to experience people of different religions. This new experience made such an impact on Rogers that he wrote to is parents declaring his independence from their conservative religion, and almost immediately developed an ulcer that caused him to be hospitalized for several weeks. Rogers changed his major upon returning to university and graduated in 1924 with a degree in History. Shortly after graduation he married his childhood sweetheart, Helen Elliott, and they eventually had two children together. Soon after marriage Rogers move to New York and enrolled in the liberal Union Theological Seminary while also taking courses in psychology and education at neighbouring Columbia University. However, doubts about the religious approach to helping people caused him to transfer to Columbia University full-time and where he then earned his masters degree in clinical psychology in 1928 and his doctorate in 1931. His dissertations concerned the measurement of personality adjustment in children and thus lead him to work for the Child Study Department of the Society for the Prevention of Cruelty to children in Rochester, New York. As a result of his experiences here he developed his own brand of psychotherapy. While working at the Society he wrote his first book entitle d The Clinical Treatment of the Problem Child. Thereafter he was offered a position at Ohio State University at the rank of full professor, and it was then at the age of 38 that he decided to begin a new career in the academic world. In 1944 Rogers took leave from Ohio State to become director of counselling services for the United Services Organization in New York. After one year he moved to the University of Chicago as professor of psychology and director of counselling and it was during this time that he wrote what others thought to be his most important work, Client-Centered Therapy: Its Current Practice, Implications, and Theory (1951). In 1957, Rogers returned to the University of Wisconsin where he held the dual position of professor of psychology and professor of psychiatry. In 1963, he joined the Western Behavioural Sciences Institute (WBSI) in La Jolla, California where he eventually formed the Center for the Studies of the Person. Rogers continued to work on the Vienna Peace Project and peace workshops in Moscow until his death on February 4, 1987 from cardiac arrest following surgery for a broken hip. Carl Rogerss revolutionary and most important work brought out in his book Client-Centered Therapy: Its Current Practice, Implications, and Theory (1951) marked a change in his approach to psychology. At first his approach was called nondirective, because he believed that in a positive therapeutic atmosphere clients would solve their problems automatically, but his practice became client-centered when he realized that the therapist had to make an active attempt to understand and accept a clients subjective reality before any real progress could be made. Rogers set out to use a method called the Q-technique in order to measure the effectiveness of therapy where he had clients describe themselves as they were at the moment (real self) and then as they would like to become, (ideal self). The two selves were measured in such a way as to allow the correlation between them to be determined. Normally when the therapy begins, the correlation between the two selves is very low, but if therapy is effective it becomes larger, that is the real self becomes more similar to the ideal self. This technique helps the therapist to determine the effectiveness of his or her procedures at any point during, or after, therapy. Rogers rejected the deterministic approach of psychoanalytic theory and behaviourism brought about by Freud and other psychologists. Instead Rogers believed that behaviour is a response to the individuals perception/ interpretation of external stimuli. As no-one else can know how we perceive, were the best experts on understanding our own behaviour. Rogers also sees human nature in a very positive and optimistic light, quoting: There is no beast in man; there is only man in man. A description of self, which is an organised, consistent set of perceptions and beliefs about oneself, helped to set the pace on Rogerss humanistic approach, describing that the awareness of who a person is and what they can do influences both their perception of the world and their behaviour. By evaluating every experience in terms of self, most human behaviour can be understood as an attempt to maintain consistency between ones self-image and ones actions. This self image may not always be achieved and self-image may differ quite radically from our actual behaviour and from how others see us. For example a person may be highly successful and respected by others, and yet regard him/herself as a failure. This is what Rogers called an incongruent person that is a person whose internal guidance system or organismic valuing process is replaced by positive regards of persons we look up to who would only love us based on whether or not we do what they want us to do, also known as conditio ns of worth, as a guide for living. When incongruent experiences, feelings, actions, etc come into conflict with self image they can be threatening and as such access to awareness may be denied through actual denial, distortion or blocking. These defence mechanisms prevent the self from growing and changing and widen the gap between self-image and reality. The more the self-image changes and becomes unrealistic; the incongruent person becomes more confused, vulnerable, dissatisfied and eventually seriously maladjusted. As a contrast the congruent person is flexible and changes realistically as new experiences occur, thus when our self-image matches what we really think and feel and do, we are in the best position to self-actualise. Like Maslow, Rogers assumed every human being has an innate drive toward self-actualisation, and if people use this tendency in living their lives, there is a strong likelihood that they will live fulfilling lives and ultimately reach their full potential. This is what was earlier described as the organismic valuing process. Persons who uses this process is motivated by his or her own true feelings and is living what the existentialists call an authentic live, that is, a live motivated by a persons true inner feelings rather than beliefs, traditions, values or conventions imposed by others. Rogers once remarked that all of my professional life I have been going in directions which others thought were foolish, but I have never regretted moving in directions which felt right, even though I have often felt lonely or foolish at the time. Experience is for me, the highest authority. Neither the Bible nor the prophets, neither Freud nor research, neither the revelations of God nor man can take precedence over my own experience. Rogers claim that most people do not live according to their innermost feelings. He claims that the problem begins at birth where there is need for positive regard where such regards involves receiving such things as love, warmth, sympathy, and acceptance from the relevant people in a childs life. This positive regard given freely to a child would not pose a problem however the problem arises only when there are conditions of worth which happens when relevant persons in that childs life only give positive regard if they act or think in accordance with those relevant people in their lives. Rogers conclude that as long as people live their lives according to someone elses values instead of their own true feeling, experience will be edited and certain experiences that would have been in accord with the organismic valuing process will be denied. Rogers offer one way to avoid imposing conditions of worth on people, and that is to give them unconditional positive regard where they are loved and respected for what they truly are; and as such allowing that person to become a fully functioning person. Since Rogers viewed incongruency as the cause of mental disorders, he therefore believed that the goal of psychotherapy is to help people overcome conditions of worth and again live in accordance with their organismic valuing processes. He states The path of development toward psychological maturity, the path of therapy, is the undoing of this estrangement in mans functioning, the dissolving of conditions of worth, the achievement of a self which is congruent with experience, and the restoration of a unified organismic valuing process as the regulator of behaviour. Thus here lies the need for Rogerss person-centered therapy. Rogers believe that therapy needs the right climate, which rests not on technique but on the relationship between therapist and client. He proposed three core conditions that he claimed are both necessary and sufficient for this relationship. These include: Warmth where the therapist must have respect for the client and display complete acceptance of the person in his or her own right at that moment in time, which should be accompanied by a non-judgemental attitude towards the client. Genuineness where the therapist must show that they are a real person, with thoughts and feelings, which should be expressed where appropriate. This enhanced by self-disclosure. Empathy where the therapist must enter the clients inner world which can be achieved through genuine, attentive listening and restating what the client says, in order to clarify its emotional significance. Also the therapist must be sensitive to the clients problem and sense the pleasure or hurt of the client as if it were his own. The therapists main task is therefore to create a therapeutic atmosphere in which clients can become fully integrated again. This can be achieved only if clients reduce their conditions of worth, and increase their unconditional positive self-regard. The therapists job is to create a situation in which clients can change themselves, and this is aided by an emotionally warm, accepting, understanding and non-evaluative relationship in which the person is free from threat and has the freedom to be the self that he/she really is. Rogerss person-centered psychology has been applied to such diverse areas as religion, medicine, law enforcement, ethnic and cultural relations, politics, international conflict, organizational development education, personal power and marriage. The humanistic approach popularised by Carl Rogerss person-centered theory which believes that human beings who are free to plan their own actions, and ultimately their own destiny are struggling to grow and to make difficult decisions that will profoundly affect their lives; and as a result of these decisions, each of us becomes unique and responsible for our own behaviour. Rogerss person-centered therapy is based on the assumption of freewill and the therapist helps clients to excercise free will in such a way as to maximize the rewards of their lives. To conclude, I must say that I find Carl Rogerss humanistic approach of person-centered therapy as very insightful and interesting. His theory of self and concentrating thereupon making ones self perception more important than that of others perception is one that I would support even though I am of the opinion that other persons perception of another do matter but not to the highest degree. I am also excited and supportive of the process of reconciliation between ones real self which who one is at the moment and ones ideal self which is what one would like to become. This brings about the self-actualisation aspect of person-centered therapy and I strongly agree with it in that I think that everyone should aspire to be the best that they can be while living and as such they may be able to live a more fulfilling (authentic) life. I also agree with a persons need for positive regard in that in order for us to strive to do our best we need some sort of support system, not necessarily ou r parents, but others also to encourage us and affirm us that we can be better at anything and everything that we do, which indeed should start from birth. Although I agree that it is important for persons to be motivated and to esteem self to a high degree, I also think that we are interdependent beings who need each others guidance on matters which we are not yet familiar and thus we cannot rule out others opinions and perceptions of us which might add significantly to our growth. Also, we live in a world where there are extremists, who are persons who old fast to personal views and liberalists who are persons who feel like anything goes and those who have a balance between the two. We are brought up by these groups of people and it is inevitable that we should suffer as inefficient beings who lack unconditional positive regard, however when we are old enough to decipher the best possible group to be associated with the better it is for us to be able to live an authentic life. I think that Rogerss view where he stated that Experience is for me, the highest authority is based entirely on his experience with his family and their conservative religious lifestyle compared to that which he experienced after declaring independence from their beliefs; and although a I respect his views I totally disagree that experience is the highest authority. This is so because I believe with all of my mental capacity that God above anyone or anything else can do for us, through us, in us and about us what we can never conceive. The bible says that He is able and willing if we just ask and believe. So I all in all I would prefer and would encourage other to try and live a more holistic life rather than a more authentic life and if we have problems achieving this then seek ye first the kingdom of God and His righteousness and all things shall be added unto you. I think that person-centered therapy, despite its discrepancies, is a fairly reasonable approach and I would recommend it second to God.

History of Welfare in Ireland: Poor Law and Beveridge Report

History of Welfare in Ireland: Poor Law and Beveridge Report This paper will briefly outline the development of social service provision in Ireland from 1922 to the present day, highlighting several factors such as the Poor Law (1598-1948) and The Beveridge Report (1942) that have played a significant role in the shaping of this welfare approach known as ‘residual welfare’. For a variety of reasons such as economic growth, different political parties and differing welfare system options, UK’s welfare state has gained much crisis discussion. Residual welfare is not a universal welfare model; rather it is a system aimed at providing provision for those specific individuals in society that need and fit certain criteria, generally defined as ‘the poor’. Within residual welfare systems, welfare provision is considered to be a safety net, available only to those defined within the policy context as most in need, usually when the market or family has failed. According to Titmuss’ framework from 1974, Britain represents the ‘individual welfare system’ where there is a limited function of state welfare. Universal welfare is based upon the premise that welfare services are accessible to everyone, usually determined on the basis of citizenship within a nation state. The difficulty with this system is that it can be costly. Therefore, a residual system is aiming to reduce those costs by apportioning provisions to only those who need them. (Mau 2001, pp. 5-9; Titmuss, R 1974, p.20). It is helpful to acknowledge that welfare is an ambiguous term which can cause discrepancies between individuals and agencies when looking at welfare needs and services. Some individuals expect a return for any contribution they make to a social system whereas other are content with knowing the system is there for those that need it and that might not necessarily include themself. There is a strong belief that the system should be a premium-benefit one, where the current financiers will one day be the future users. It can also open the question of who it should be available to, how long, should they pay and are they deserving? Welfare is generally used in three main senses, the first referring to a person’s refers to general well-being. Of course, well-being is another term that can mean different things to different people. From a sociological framework, it generally means having access to basic needs such as shelter and food, but it does go beyond simply needs; to achieve we ll being, people must have choices, and the scope to choose personal goals and ambitions. Welfare also refers to the range of services available to look after people in a number of conditions throughout their life, for example childhood, sickness and old age. (Mau 2001, pp. 4-6). Historically, the model of welfare which has been the most dominant model in English-speaking countries is known as ‘residual welfare’ which stemmed from Poor Law (1598-1948). Poor Law was first implemented in 1598 and continued until 1948. This Elizabethan method aimed at providing three central aspects, a compulsory poor rate, the creation of overseers of relief and the provision for setting the poor on work. It provided discretionary payments to individuals assessed as being in need. It was a harsh law aimed at providing the bare minimum an individual would need to survive in the aim that people would rely upon it for existence, creating a dependence upon social security which would result in a negative image of public support. It aimed to control and discipline the poor and in some ways punch by providing support that was below the lowest wage, a principle known as ‘lowest eligibility’. This law continued to be important in the delivery of many means-tes ted benefits until the last two decades of the twentieth century. (Alcock 2003, p. 24-8; Williams 1989, pp. 150-4). Following on this movement in Britain’s welfare system, Mau (2001) stated that on some levels, a welfare state can help to repair social divisions or at least ‘to mitigate social inequalities; not only in terms of material inequalities, but also in ideological and political terms.’ Thus the Beveridge Report from 1942 proposed a system of National Insurance, based on three assumptions, family allowances, a national health service, and lastly full employment. It was written by Sir William Beveridge, a highly respected economist and expert on unemployment problems. Opinion polls reported that the majority of the British public welcomed the reports findings and wished to see them implemented as quickly as possible, seemingly relieved at the possibility of a less harsh social system than the Poor Law. The first post-war election, in June 1945, resulted in a victory for the Labour Party, devout promoters of the Beveridge Report. It quickly became the blueprint for the m odern British welfare state, even being referred to as by any measure a landmark. (Alcock 2003, p. 24-8; Williams 1989, pp. 150-4; Historic Figures. William Beveridge, 23rd February 2007). The Beveridge Report aimed to provide a expansive system of social insurance for an individuals whole life. Here we have the induction of the ‘residual model’ that still exists to a degree in Ireland. It proposed that all working people should pay a weekly contribution to the state, in other words, tax. In return, benefits would be paid to the unemployed, the sick, the retired and the widowed, those who needed it. Beveridge wanted to ensure that there was an acceptable minimum standard of living in Britain below which nobody fell, very different to the aims of Poor Law. (Alcock 2003, p. 6; Mau 2001, p. 3; Schifferes, S, 26 July 2005). Changes in the welfare system have continued to the present day, post 1948, the key elements of Irelands welfare state have remained focused upon social security, health, housing, education and children. The Welfare State was not intended to respond to poverty; that was what the Poor Law had aimed to, rather its main purpose was to encourage the provision of the social services on the same basis as the public services, including medical services, roads, libraries, local community needs. In other words, it aimed to create an institutional model of welfare. (Mau 2001, pp. 3-5; ). This paper has aimed to briefly illustrate the changes in Ireland’s welfare system highlighting several factors such as the Poor Law (1598-1948) and The Beveridge Report (1942) that have played a significant role in the shaping of this welfare approach known as ‘residual welfare’, a system, aimed to be available if and when an individual needs its services.The development and implication of welfare provision in Britain is a lengthy and complicated issue, therefore this paper aimed to provide a brief summary of some of the key events leading to its present situation known as a ‘residual welfare system’. Bibliography Alcock, P. 2003. 2nd Edition. Social Policy in Britain. Palgrave Macmillan, Hampshire. Esping-Anderson, G 1990. The Three Worlds of Welfare Capitalism. Polity Press, Oxford. Mau, S 2001. Patterns of Popular Support for the Welfare State. A Comparison of the United Kingdom and Germany. Social Research Center, Berlin. Offe, C 1987. Democracy against the Welfare State? Structural Foundations of Neoconservative Political Opportunities. In Political Theory, Vol.15, No 4, November, pp. 501-537). Page, R Silburn, R 1999. British Social Welfare in the Twentieth Century. St Martin’s Press Inc, Hampshire. Titmuss, R.M. 1974. Social Policy. Allen and Unwin, London. Williams, F 1989. Social Policy. A Critical Introduction. Polity Press, Cambridge. bbc.cok.uk, 2007, Historic Figures. William Beveridge (1879 1963), BBC Homepage 23rd February, retrieved 23rd February 2007 from: http://www.bbc.co.uk/history/historic_figures/beveridge_william.shtml. Schifferes, S 2005, Britains long road to the welfare state, BBC News 26 July, retrieved 23rd February 2007 from:http://news.bbc.co.uk/1/hi/business/4696391.stm. Investigation: Personal Technology Mediated Communication Investigation: Personal Technology Mediated Communication Table of Contents List of abbreviations List of extracts List of figures 1Introduction 2Analysis 2.1Choice of mode 2.1.1Cost 2.1.2Degree of comfort 2.1.3Medium uniqueness 2.1.4Formality 2.1.5Peer influence 2.1.6Immediacy 2.1.7Intertextuality Retrievability Navigability 2.1.8Multifunction 2.1.9Lack of desire for self-disclosure 2.2Nature of language used 2.2.1Language background 2.2.2Keyboard affordance 2.2.3Intimacy level 2.2.4Cultural value 2.3Semiotic resources 2.3.1Numbering, paragraphing, colouring textual specification 2.3.2Emoji, stickers, symbol 2.3.3Tagging function 2.3.4Telepresence indicators 2.4Interweaving of media in extended interactions 2.4.1Postponement 2.4.2Confidentiality/Secrecy 2.4.3Spatial constrain 2.4.4Clarification 2.4.5Instant feature and directive influence 3Conclusion References FtF face-to-face FB Facebook FM Facebook Messenger Extract 1 Extract 2 Extract 3 Extract 4 Extract 5 Extract 6 Extract 7 Extract 8 Extract 9 Extract 10 Extract 11 Extract 12 Figure 1 Emoji Figure 2 Sticker MimYam Figure 4 Green dot Figure 5 Group conversation Figure 6 Message seen Communication in todays world is profoundly affected by technological features and users perceived of their usage. Multimodal technological resources facilitate interaction beyond temporal and spatial distance with various participation modes (Barton Lee, 2013, p. 29), also correlate with users medium choice, behaviour and psychology. In technology-mediated communication, choice of mode is decided by the setting, selecting strategy and evaluating outcome of the communication (Joinson, 2003, p. 125), or by participants perceived affordances of the media (Herring Demarest, 2011, pp. 19-21). For instance, text can be preferred over more novel medium like audio or video thanks to its richer communication markers, asynchronicity and low level of self-consciousness. In a paper by Laursen (2012, pp. 87-97), the shift from text message to call is attributed to synchronicity, immediacy, complex information processing, and chance for negotiation. Call also denotes some degree of intimacy involving simultaneous checking of relationship status through breath, pitch or pauses in oral exchange. Innovation in communication technology also entails more types of semiosis for interaction. Hutchby (2001, p. 96) points out telephone conversation has a distinct means of summon not by human oral production but by the sound of the ring which signals an upcoming call that the other end of the line will pick up and respond. Later when Internet appears, it enables greater access to information thanks to intertextual hyperlinks or expression of emotions via emoticons (Barton Lee, 2013, p. 29). Added to this, (Lamy, 2006, p. 388) lists clicking a button to denote conversation ended, retaining of message after the interactants have left the chat platform, also the help of telepresence indicators like the faded name or photo. Vandergriff (2013, pp. 8-10) focuses on the use of CMC cues in which the use of multiple exclamation mark could express assertiveness or intensified disagreement, smiley icons indicate a dispreference of an action, or turn ellipsis is understood as mitigated disappro val or openness for conversation expansion. Additionally, technology also influences our language and our self-expression. Hutchby (2001, p. 86) concerns the lack of physical context cue that makes telephone conversations normally involve identification process at the beginning of the conversation. In online language analysis, Barton and Lee (2013, p. 69) and Herring and Demarest (2011, p. 4) mention gender in which male users tend use more impersonal expression and longer messages whereas female prefer to use the first person and express more feelings. Moreover, Barton and Lee (2013: 68-69) claim that the dynamics and control over our online self-disclosure involve choosing which part of and how our identities to be revealed and accordingly present a less or more associative image in comparison to our offline identities. This regulates our online writing language and entails adjustment of language to whom we could expected or imagined. Regarding behaviour and psychology, Joinson (2003) proposes five key dimensions of tool-behaviour relationship involves synchronicity, the cues transmitted, bandwidth and cost constraints, level of anonymity, and sender-recipient exclusivity. In CMC, people may also tend to follow the hyperpersonal model (Walther et al., 2015, pp. 13-14) whereby they exaggerate perceived reality about the other interactants and use it to inform their future actions. Devices affordances may cause users to be under pressure to be constantly available for being contacted (Cumiskey Ling, 2015, p. 231). Also, online psychology and behaviour involves individual self-disclosure where people desire to express themselves (Walther et al., 2015) and act as the source of information (Sundair et al., 2015), whereas includes deindividuation in which individual identity is partially or fully hidden (Walther et al., 2015, p.11) or self-awareness is reduced to merge in online social norms (Spears Postmes, 2015, p. 25). In a nutshell, a number of aspects related to technology-mediated communication have been investigated and is being studied in response to the rapid development of technological applications and diverse users perceived affordances. The following part, hence, will dedicate to analyse my own use of technology for communication in the light of the reviewed studies, and hopefully brings out some contributive findings. Devices involved in this analysis were tablet, mobile phone and computer, and the tablet also has a SIM card reader so it can act as a mobile phone. Soft medium analysed included Google Email and online data cloud, Facebook (FB), Facebook Messenger (FM) a separate application for sending messaging or calling among FB users, and Skype another application for sending text messages and making calls. All these applications are Internet-based and free of charge. 2.1 Choice of mode 2.1.1 Cost Cost is the first-and-foremost factor that manipulates my communication mode choice. The more the medium costs, the less likely it is to be chosen. Though the SIM card enabling domestic and international calls, mobile phone was not favoured since phone service always charged money and the fee would be burgeoned for overseas interaction. Consequently, I only employed free services like email to contact professors or Skype and FB to contact relatives and friends though all of them are approachable on telephone line. I once used mobile phone to contact an overseas travel agency in the US because their line was toll-free, so I only had to pay a minimal amount of money for international dialling but I could talk on the phone as long as I want since the call fee was paid by the travel agency. 2.1.2 Degree of comfort Thanks to its light weight mobility and availability, Tablet was more preferred with higher comfort degree over computer with heavier weight and requiring more acts like starting, shutting down or plugging charger. Tablet was more mobile to carry along to all places such as desk, bed, classroom and in motion like walking on the street. The degree of comfort was also true to the choice of soft medium where none of my communication involved video sharing or video calling. This is explained by my preference for modes with low level of self-consciousness like texting or calling where I could comfortably maintain interaction without being distracted by my reflection or worrying about my appearance on the screen. 2.1.3 Medium uniqueness Choice of mode was restrained by the other entity and this made me stick to only one medium. For instance, brands or organizations websites all offer visitors to leave their emails so that new reduction/sales or upcoming events would be sent to them automatically, and the sole medium used to subscribe was email. In another case of citizen services, when I wanted to book a visa appointment via an Embassy, the office only allowed booking via mobile phone in which visitors dial the provided number to provide personal information and receive confirmed schedule by an officer. Besides, some of my addressees only provide me their email or their FB so email or FM were the sole channels to communicate with them and no other choice of medium could be employed. 2.1.4 Formality Formality of the message and the interaction itself also decides the modes of communication. For formal communication like asking for professors supervision, excusing absence in a class session or job application, email would be a better choice. The email interface itself is more neutral and professional with separate spaces for typing subjects and contents, office font sizes, bullet and numbering, etc. to present the information in a well-organized and formal format. Those functions are not provided by the instant messaging, mobile phone SMS or calling. For informal talks like gossiping about non-academic problems, email may not be as suitable as other texting or chatting applications that allow instant response. 2.1.5 Peer influence The medium I choose was also affected by the technology that the other entities use. If the addressees encounter some technical or personal problems, I accordingly opt for the medium that best works on their device and suit their condition. For example, my mothers eyes are far-sighted so its hard for her to navigate where to click to see inbox or to send text in emailing and texting. For that reason, I only used voice chatting or video calling rather than texting when communicating with her. My father, more interestingly, does not know how to use any smart devices and could only be approached by classic media like SMS or phone calling, so whenever I wanted to contact him phone-calling is my only resort. 2.1.6 Immediacy Regarding the immediacy in communication, email seems to be inferior to other applications like mobile phone, Skype or FM. Email could take long duration to receive a response and they are at risk of being filtered as spam or junk by the email account. If the recipient does not check their spam box, there is likelihood that my email never reaches them. There is also another case when sending emails to organizations/offices and my email is not instantly checked and replied until the next day because it has to queue in a line of many other enquiries sent to the offices. And of course it is very awkward and time-consuming when having an informal and close-knit chat with friends in which me and my friends keep clicking and sending emails while we can choose to text each other using FM or Skype. Therefore, in case I need an immediate response for my communication, I prefer calling via mobile phone (if the information is urgent) or Skype or texting with FM. 2.1.7 Intertextuality Retrievability Navigability Obviously, text mode normally allows better information retrieval than call mode, and this function is more enhanced in CMC where external sources of information exchanged in interaction could be accessed by all interactants and be easily navigated with one click even when the conversation has ended. For example, functions incorporated in Google email enables searching sent or received mails through typing keywords and provides capacity to upload audio, video and documents easily shared with other people who have Google account just by one click. Or in another case when I had a group chat discussing accommodation booking, we decided to type because it was easier to refer to different options by pasting the links or screen captures into the chatting box and the whole group could see exactly which hostel was being considered. Those options were retained forever in the box chat so we could retrieve them several days/months later. 2.1.8 Multifunction Sometimes the consideration of hard medium between computer or Tablet is decided by the affordances of the device itself, and it is obscure that computer is more multifunctional than the other counterpart. Computer allows multi-window operating at the same time while my Tablet does not, also many acts are easier to be done on bigger screen and keyboards rather than on touch device, e.g long text processing. Multifunctional features also applied for my choice of soft medium and this could be illustrated in the comparison between email and IM via FM or Skype. Emails affordances are superior with possibility to forward a large amount of information, to format the text in highlighted forms with colouring, large font size, or underlining, or to send emails to different recipients simultaneously without letting them know about each other (Bcc). FM or Skype undeniably has not included all those functions, they do not have a search box to type in keywords, no data cloud, no font size or bull et options, and previous messages are time-consuming to retrieve. However, their function to track whether the recipient has seen their messages made them surpass email in some cases. 2.1.9 Lack of desire for self-disclosure My choice of medium, or to be exact, the functions of medium was affected by my low desire for self-expression in which I use FB but hardly employed multimodal resources for posting, sharing, surfing, hashtag, or commenting. I have little demand for self-disclosure so I did not share the things I read, the feelings I have or the events/places I had been to on my FB page. All my interactions via FB channel were instant messaging initiated by the need to update situation of relatives and friends in my home country or exchange information about a particular problem. Even though I am a member of some FB group, I still sent private message to other members when they post a question that I can help instead of publicly typing my answer in the comment box. 2.2 Nature of language used 2.2.1 Language background The majority of my interaction with friends or relatives is translingual since we have multilingual background. Our exchange has frequent code-switching between Vietnamese and English, or in some cases three languages when I use Thai to chat with friends who know Thai. An ample evidence for this could be seen in the following extract between me and other two friends discussing about booking a room for a cruise trip (English words are highlighted in the left column): Extract 1 Anh the thoi xong chac cho ten + passport de dang ky la xong Thao in the worst case thà ¬ phà ²ng 8107 cÃ…Â ©ng Ä‘Æ °Ãƒ ¡Ã‚ »Ã‚ £c ha Anh uhh worst case cung dc re nhung tren web con nhieu lam, hon chuc phong co, ko lo Phuong Thà ¡Ã‚ ºÃ‚ ¿ là   chà ¡Ã‚ »Ã¢â‚¬Ëœt xog Ä‘Ã ºng hok Chà ¡Ã‚ »Ã¢â‚¬Ëœt là ¡Ã‚ ºÃ‚ ¡i bn ng Thao 4 ng mail sent TrÆ °a mai chÆ °a rep thà ¬ e gà ¡Ã‚ »Ã‚ i Ä‘ià ¡Ã‚ »Ã¢â‚¬ ¡n cho à ¡Ã‚ »Ã¢â‚¬ ¢ng luà ´n Anh thats all then perhaps we give (him) our names and passport to register Thao in the worst case, is room 8107 OK? Anh Yes, that worst case is OK. cheap But dont worry, the web stills show a lot of spare rooms, more than ten of them. Phuong Thats finalized right? In the end how many people? Thao 4 people mail sent If he does not rep the mail until next noon, I will call him. 2.2.2 Keyboard affordance Languages involved in my conversations are used in customized form due to keyboard. For instance, some of my Vietnamese friends did not have keyboard allowing typing tone markers or special Vietnamese characters, so their message were written in reduced Vietnamese. Though in some rare occasion did this obstruct our communication, the conversation generally went smooth because all interactants have Vietnamese as mother-tounge. Take the message from the following extract as an illustration, the friend that customized language is Anh: Extract 2 Original message Standard language Translated message Anh the thoi xong chac cho ten + passport de dang ky la xong Anh thà ¡Ã‚ ºÃ‚ ¿ thà ´i xong chà ¡Ã‚ ºÃ‚ ¯c cho tà ªn + passport Ä‘Ã ¡Ã‚ »Ã†â€™ đăng kà ½ là   xong Anh thats all then perhaps we give (him) our names and passport to register Also due to keyboards lacking special characters, some language not using Latin alphabet must be transliterated and in my case is Thai. There was Thai virtual keyboard but it took time and may impede understanding so it was not employed: Extract 3 Original message Standard language Translated message Thao Uh hihi tks quà ¢n nhà ¬u Hong May pà ªn ray krub Thao Uh hihi tks quà ¢n nhà ¬u Hong à  Ã‚ ¹Ã¢â‚¬Å¾Ãƒ  Ã‚ ¸Ã‚ ¡Ãƒ  Ã‚ ¹Ã‹â€ Ãƒ  Ã‚ ¹Ã¢â€š ¬Ãƒ  Ã‚ ¸Ã¢â‚¬ ºÃƒ  Ã‚ ¹Ã¢â‚¬ ¡Ãƒ  Ã‚ ¸Ã¢â€ž ¢Ãƒ  Ã‚ ¹Ã¢â‚¬Å¾Ãƒ  Ã‚ ¸Ã‚ £Ãƒ  Ã‚ ¸Ã¢â‚¬Å¾Ãƒ  Ã‚ ¸Ã‚ £Ãƒ  Ã‚ ¸Ã‚ ±Ãƒ  Ã‚ ¸Ã… ¡ Thao Yeah hihi thanks a lot Hong Youre welcome! 2.2.3 Intimacy level Intimacy is the key factor shaping the choice of language in all my communications, and the level of formality in language is accordingly adjusted. Informal language could be detected via the use and density of colloquial, emoji, stickers, slangs, swear words. When talking with close friends, I used these informal expressions uncontrollably or rampantly, but I was more conscious and limit the use of them when interacting with normal friends, which are exemplified in the following extracts: Extract 1: with close friends (me, Trung and Ngoc). Ngoc is talking about her disgust when coming across her ex-boyfriends photos on Facebook. The language is flooded with swear word, exclamation, emoji, emphatic form like capitalisation and repetition of letters: Extract 4 Thao mà  y cà ³ cà ¢u thà ¡Ã‚ ºÃ‚ §n chà º gà ¬ k mà ¡Ã‚ »-i là ¡Ã‚ ºÃ‚ §n là ¡Ã‚ ºÃ‚ ¡nh gà ¡y thà ¬ là ¡Ã‚ ºÃ‚ ©m nhà ¡Ã‚ ºÃ‚ ©m Ngoc Ä‘Ã ¡Ã‚ »Ã‚ £t trc Ä‘Ã £ block hà ¡Ã‚ ºÃ‚ ¿t tà ¡Ã‚ ºÃ‚ ¥t cà ¡Ã‚ ºÃ‚ £ mà ¡Ã‚ »Ã‚ i thà ¡Ã‚ »Ã‚ © mà ¡Ã‚ »Ã‚ i ngÆ °Ãƒ ¡Ã‚ »Ã‚ i thà ¡Ã‚ »Ã¢â‚¬Å"i thà ¡Ã‚ ºÃ‚ ¿ Ä‘ nà  o và ¡Ã‚ ºÃ‚ «n sà ³t à ¡Ã‚ »Ã¢â‚¬Ëœi già ¡Ã‚ »Ã‚ £i Æ ¡i cà ³ hà ´m thà ¡Ã‚ ºÃ‚ ¿ nà  o xem Ä‘c dm cà ¡Ã‚ ºÃ‚ £ nà ³ cà ¡Ã‚ ºÃ‚ £ ny mà ¡Ã‚ »Ã¢â‚¬ ºi dm Ä‘i phÆ °Ãƒ ¡Ã‚ »Ã‚ £t à ´i Quoc Ngoc m phà ¡Ã‚ ºÃ‚ £i hià ¡Ã‚ »Ã†â€™u là   cà ¡i nhà ³m bà ¡Ã‚ ºÃ‚ ¡n là ¬n cà ¡Ã‚ »Ã‚ §a nà ³ chuyà ªn Ä‘i phÆ °Ãƒ ¡Ã‚ »Ã‚ £t và   chà ¡Ã‚ »Ã‚ ¥p à ¡Ã‚ ºÃ‚ £nh và   ăn là ¡Ã‚ ºÃ‚ ©u và   chà ¡Ã‚ »Ã‚ ¥p à ¡Ã‚ ºÃ‚ £nh (net uà ¡Ã‚ »Ã¢â‚¬Ëœc king) nà ªn dm nhià ¡Ã‚ »Ã‚ u à ¡Ã‚ ºÃ‚ £nh vc ra Cà ¡Ã‚ »Ã‚ ¨U TÔI Và ¡Ã‚ »Ã… ¡I :((((((((((((((((((((((((((((((((( Thao Do you have any incantation whenever feeling disgusted? Ngoc I blocked all things and all people related to him but I still missed out some photos Oh my god Fuck it the other day I saw he and his new girlfriend fucking went trekking. oh Quoc Ngoc U have to understand that his fucking group of friends frequently go trekking and take photos and eat hotpot and take photos (networking) So theres a fucking bunch of photos HELP ME :((((((((((((((((((((((((((((((((( With a normal friend. This is Doan one friend I have acquainted for about 3 months, she is talking about her travel plan for Christmas. The relationship is not too close-knit hence the language is informal enough with the use of emoji but no swear words or emphatic forms: Extract 5 Doan tà ¡Ã‚ »Ã‚ ¥i tà ¡Ã‚ »Ã¢â‚¬ º xmas nà  y Ä‘c nghà ¡Ã‚ »Ã¢â‚¬ ° dà  i Ä‘i 1 phà ¡t luà ´n Thao uh bà ¡Ã‚ »Ã‚ n tà ¡Ã‚ »Ã¢â‚¬ º cÃ…Â ©ng nghà ¡Ã‚ »Ã¢â‚¬ ° dà  i nhÆ °ng tà ¡Ã‚ »Ã¢â‚¬ º cÃ…Â ©ng khà ´ng ham Ä‘i là ¡Ã‚ ºÃ‚ ¯m Doan ^^ uh Thao cà ¡c bà ¡Ã‚ ºÃ‚ ¡n Ä‘i khu nà  o tà ¢y à ¢u hay Ä‘Ã ´ng à ¢u Doan tà ¡Ã‚ »Ã¢â‚¬ º Ä‘i Ä‘Ã ´ng à ¢u, tà ¢y à ¢u và   nam à ¢u 5 nÆ °Ãƒ ¡Ã‚ »Ã¢â‚¬ ºc 1 thà ¡ng luà ´n Thao mà ¡Ã‚ »-i nÆ °Ãƒ ¡Ã‚ »Ã¢â‚¬ ºc à ¡Ã‚ »Ã… ¸ 6 ngà  y? Doan uh Thao thà ¡Ã‚ ºÃ‚ ¥y anh vià ¡Ã‚ »Ã¢â‚¬ ¡t đăng xin Ä‘Æ °Ãƒ ¡Ã‚ »Ã‚ £c visa phà ¡Ã‚ ºÃ‚ §n lan thà ¡Ã‚ ºÃ‚ ¿ là   Ä‘i phà ¡Ã‚ ºÃ‚ §n lan trÆ °Ãƒ ¡Ã‚ »Ã¢â‚¬ ºc à   Doan anh vià ¡Ã‚ »Ã¢â‚¬ ¡t Ä‘i finland 1 mà ¬nh mà   =)) Doan This Xmas we have a long holiday. We travel the whole holiday. Thao Yeah we also have long Christmas holiday But Im not really interested in travel Doan ^^ yeah Thao Where are you going to travel to? Western or Eastern Europe? Doan Eastern, Western and Southern Europe 5 countries 1 month Thao 6 days per country? Doan yeah Thao I heard Mr. Viet said he had got his visa for Finland so you start your trip in Finland? Doan No, Mr. Viet travels to Finland by himself.