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Sunday, March 31, 2019

Analysis Of A Modern China Family English Literature Essay

Analysis Of A Modern China Family slope Literature EssayPa Chins Family is a historical, semi-autobiographical narrative of the hardships hold waterd by the members of an blue-blooded family during the massive transformation in Chinese social and political fiat that took place during the early 20th century. The central conflict that is embodied in the novel is the inability of the individuals portrayed in the narrative to move historical the often oppressive tralatitious social constructs that prevent them from moving forrad in light of the bleak revolutionary paradigm that was sweeping the kingdom. trinity brothers, Chueh-hui, Chueh-min and Chueh-hsin, are the central figures in this narrative, and the struggle to balance the responsibilities imposed upon them by the traditional browse and their desire for radical change defines the essential overmatch matter of the novel. These conflicting desires tear them apart and force them to either set or be left in the past.The work embodies the voice of a state of matter that was steeped in contradiction, and demonstrates doneout its passages strong underlying themes of societal disillusionment and unrest. By offering a unique insight into the most personal aspects of animateness during this tumultuous period of Chinese history, Family offers the historian a unfavorable perspective on the psychological underpinnings of a society undergoing fundamental changes in structure.The increasingly pronounced dichotomy between old and new is precise to the understanding of the narrative in this story. This is represented at numerous avenues, simply is revealed most blatantly in a sequence where Chueh-huis ponders upon his grandfathers sleeping bole and through careful analysis comes to the realization that the old man eventually represents not his grandfather, yet an stainless generation and that he himself was similarly the congressman of his own generation. Reflecting further upon this observation lead s him to the decisiveness that they could never protrude eye-to-eye. (Chin 64). This conclusion is important, and foreshadows the inability of China to reconcile the two radically divergent world-views thither would be an ultimate clash between traditionalism and socialist progressivism that rupture apart not only the country, tho all the bonds that are held within.This antagonism between the old and the new similarly crosses historical lines, with historical texts demonstrating a fundamental disconnect between the traditional constructs that served as the guidance of Chinas actions on the world stage for generations and a powerful need for reform that jeopardize to sweep away(p) these traditional trunks. In Madame Sun Yat-Sens public shroud concerning the political left, she opens with the followingif China is to survive as an independent country in the modern struggle of nations, her semi- feudal conditions of life must be fundamentally changed and a modern state created t o replace the medieval system which has existed for much than a thousand years. This task needs to be make by the method of revolution (Cheng Lestz 267).Statements such as these reflect a growing animosity towards traditional social constructs, in this instance video them as medieval. This attitude is indicative of an unwillingness to compromise with the past in order to move forward it must be burned away to make room for the new.Critically, it must be recognized that the ultimate whim of this rebellion was not reform for the sake of general development or even reform for the purpose of furthering China as a nation, but as a means to catch up with the westbound. Here we see a marked transformation China is no longer the smirking, ascendent nation who expects Western nations to cow-tow to the whim of the Emperor, but a third-rate nation with a collapsing political system that is compel to play catch-up to the burgeoning Western powers. A palpable sense of inferiority can be observed when variant political material originating from this period, permeating all layers of Chinese society.The New livelihood movement can be seen as an extension of this travel guidebookological matter insecurity it is an campaign to emulate the West. In Madame Chiangs address on the matter, she states that distributively nation, according to its lights, has sought to find a way out of doldrums into normalcy. Italy has its fascism, Germany its Nazism and America its New Deal (Cheng Lestz 295). This can be construe as indicative of Chinas interests to pursue the developmental patterns of the West in the pass of the Chinese they can no longer carve their own path in history only hope to follow the path of the West without losing the essential Chinese spirit, which is largely based on Confucian values. This attempt to reconcile the past with the present parallels many of the hardships endured by the brothers in Family.An raise aspect of the story is the employment of the third-person narrative in order to shop the various characters in the story in a setting where there is clearly a great degree of confusion determineing social and deterrent example normality. By nature of this form of narration, we are sometimes limited in the psychological motivations and inner feelings of many of the characters in the novel. This is an important plot twisting in some instances we do not learn anything of Master Kaos innermost thoughts until just before his death, at which point he is revealed to be a man of a good nature who holds only the best intentions for his family.In the narrative, three promising young women are ultimately destroyed by the family Ming-feng, Jui-cheuh and Mei. This serves not only as the reason for Cheui-huis decision to abandon his family and, by extension, the traditionalist teachings of Master Kao, but a statement of the way in which traditional Chinese society exploits women in such a agency as to deprive from them the will to live. Despite the seeming lack of regard for their welfare, loss of the women is felt acutely by all members of the family, considerably more so in comparison to Master Kao, where after his passing the major(ip) concern is the dividing of his wealth and assets (Chin 295-296). This belies the fact that there was little love for the caustic Master amongst these closest to him the love is a fascade, like all things in the traditional life.The death of Jui-cheuh was especially hard on Cheuh-hui, who felt that the frustrate was an enemy who had interpreted his beloved, then went so far as to hellish the entire social order and, by extension, his own conformity to the traditional order, for having made him so weak as to be unable to indite the two women that he lovedWhat had taken his wife away was something else. It was the entire social system, with its moral code its superstitions. He had borne them for years while they steal his youth, his happiness, his future, the two women h e had loved most In the world. They were too surd a burden he wanted to shake them off he struggled (Chin 309).Throughout the novel we are confronted with a Cheuh-hui that is deeply troubled by his inner hatreds and insecurities here it is manifested in a way that is blatant to the lecturer and presented in a way as to make the deep-seated societal dysfunction that is the underlying theme of the novel explicit in a dramatic fashion.In Family, the brothers are ultimately driven apart, with Cheuh-hui leaving in disgust of the events that had taken place, and unable to reconcile with the past. Similar changes had also taken hold of the other brothers, whom had turned against the family either in fact or in spirit with a deep chasm growing between the siblings with the go past of time only narrowly being reconciled by unpunctual efforts to make peace with bingle another. Examples of such attempts include Master Kaos assertions that Cheuh-hui was a good child (Chin 289) and Cheuh-h ui promising Cheuh-hsin that not only would he write, but that they would surely see one another again in the future. It is a hopeful yet sad parting, with each of the brothers attempting to make good with one another in the recognition of the fact that they have all been forced to endure extreme hardship.Family is the biography of a China that cannot reconcile with itself through any means other than destruction of the old. As Cheuh-hui is forced to endure the loss of everything that he has cherished in his life in order to break free of the traditional order that has bound him to a life that is filled with sorrow and anger, China is also forced to contend with a similar situation . Change does not and cannot come as a compromise, such as Chiangs New Life movement, but as a radical communist insurrection that simply erases the past and sews the seeds of a new future. While some of his brothers may be more willing to pack the family even in the face of its inevitable destruction, C heuh-hui embraces the uncertain future he recognizes that he can only move forward if he does not look back.

Saturday, March 30, 2019

Assets Of Commercial Bank In Nepal Analysis

Assets Of Commercial shore In Nepal AnalysisThe aim of this project is to assess the level of non-performing assets and its repercussions in oer every pecuniary stability of commercial message-grade-grade coast in Nepal done the equality between straightlaced Nepali believe and the voice gauge bank.The specific objectives ar To determine the extent to which commercial banks face latent financial instability because of non-performing assets.To range the mechanisms by which commercial banks control non-performing assets.To pick out successful and unsuccessful measures in relation to recover and mobilization of non-performing assets of commercial bank.To find out Whether or non Nepalese Commercial Banks be following rules and regulations of NRB (Nepal Rastra Bank) regarding their lending, especially to chief(prenominal)tain the provision for NPA?To enumerate and examine the level of NPA to natural assets, total lending and total deposit of these two commercial banks. To identify the internal and external factors affecting on the growth of NPA?To identify the military units of Non-Performing Assets on ROA and ROE of these two commercial banks.To identify which bank has high level of non- performing assetsTo make recommendations as to how commercial banks top executive improve their efforts in relation to minimization of non-performing assets.These objectives will be achieved by addressing the following explore questionsWhich bank, proper nepali bank or interchangeable venture bank, is actively seeking to minimize risks of non-performing assets?When did non-performing assets start showing extend tos in the bank?What resources do the banks devote to control non-performing assets?Who decides on this resource allotment?How do banks seek to control non-performing assets?Is non-performing asset increasing amongst banks? What is the degree of gain of non-performing asset in proper Nepali commercial bank and joint venture bank?What percentage of t otal assets and total lending is occupying by NPAs of Nepalese commercial banks?How does non-performing assets effects on return on total assets (ROA) and shareholders equity (ROE)?What are major(ip) internal factors, external factors and other main causes to growth of NPA?To compare the percentage of non-performing assets of these commercial banks in different season period.Which measure (or measures) in exceptional has been effective in curbing non-performing assets of commercial banks?What factors contribute to a successful management of non-performing assets? ar augmentd non-performing assets retaining nourishment considered to be good news for all banks or only for particular banks?Do the valuation implications of non-performing assets vary across banks?The Context and Background of the endThe proposal is to concentrate on two commercial banks of Nepal Rastriya Banijya Bank (a proper Nepali bank) and Everest Bank Limited (a joint venture bank) RBB and EBL respectively in a cronyms. These are the two main banks operating in the banking attention in the expanding economy of Nepal.Rastriya Banijya Bank (RBB) is fully governing possess, and the spectacularst commercial bank in Nepal. RBB was established on January 23, 1966 (2022 Magh 10 BS) chthonian the RBB Act. Now, the bank is running under bank and financial institute act 2063. RBB has been contributing to socio- sparing emergence of the earth for the last four and half decades. The Bank has currently entered into 46 long term of serve up. RBB provides various banking services to a wide range of customersthey include elite to poor individuals, existenceal customers, and the customersfrom intentness / job communities. RBB has m all correspondent arrangements with major international banks all over the world that facilitate trade finance, bank-originated individualised funds transfers and interbank funds transfer. The bank has played crucial role for the development of financial welkin i. e. bank, insurance companies by dint of with(predicate) and through its promoters role. As a bet on commercial bank of the country, the bank has been contributing in the trade, fabrication and countrified heavens of the country. The bank has also contributed in the hydropower sector. Health and Education sector are also benefitted through its disbursement. As a government owned bank the bank is also contributing towards achieving national goals as per the government directives. The bank has do signifi potfult contribution in the development of c support sector either by bestow disbursement orby active participation in the fairs organized by industrial and business communities.A leading commercial bank of Nepal established in the twelvemonth 1994 in joint venture with Punjab case Bank, India, Everest Bank Limited (EBL) started its operation with a view and objective of extending professionalized and efficient banking services to various segments of the society. Punjab Nati onal Bank (PNB), EBLs joint venture partner (holding 20% equity in the bank) is the largest nationalized bank in India. With its presence virtually in all the serious centres at Nepal, EBL offers a wide variety of banking services which include corporate and personal banking, industrial finance, agricultural finance, financing of trade and international banking. The large presence and vast resource base arrest helped the Bank to relieve oneself strong links with trade and industry.These two banks make for an followinging comparison since they are both leading commercial banks with large number of clients, screen a diverse range of commercial sectors. They both share the problematical news associated with increased purvey, preempted by loan default and increases in non-performing loans. The large(p) news in loan damage provisions is almost apparent to occur when fourth quarter audits correct under-provisioning relative to increases in non-performing loans during the kick off three quarters of the fiscal year which found the common victim in RBB and EBL. In contrast to EBL, the bad news stems from management workout power over loan- personnel casualty provisions and their engagement in protection of bigger numbers of defaulters in RBB. The disclosure of RBB as having more potential threats of increase in non-performing assets to EBL is hugely trusted to the flexibility for efficient contracting provisions. At the time when economical activities are growing rapidly throughout the country, it is most uphill task for the banks to manage and curb non-performing assets. Moreover, political instability has resulted in more cases of commercial loans defaulting. Interestingly, consumer loans are hardly non-performing given to the rise of middleclass and service industry. provided this trend differs in both EBL and RBB. This guide purposes to underscore the splendour of management of non-performing assets of RBB and EBL while comparing the provisions a nd their outcome in banking sector. prelude Literature ReviewInvestment theory defines non-performing asset as a debt obligation where the borrower has notpaidanypreviously agreed upon by-line and principal repayments to the designated lender for an extended period of time. The non-performing asset is therefore not yielding any income to the lender in the form of principal and interest payments. Non-performing asset has become the major problem in enthronement banking since the innovation of banking service itself.Literature devoted to the cause and effect of non-performing assets of banks concentrates mainly over the consequence and overall impact on the systematic wellbeing of bank due to the rise of non-performing assets. In the article Differential Valuation Implications of give Loss Provisions across Banks and Fiscal Quarters Chi-Chun Liu(1997) concentrates over the impact of loan deviation provisions in market Prior query finds that, on average, the market reacts positive ly to loan loss provisions conditional on less discretionary information about loan default, such as non-performing loans and loan write-offs (133). Lius finding holds across different model specifications and study periods, despite radical changes in the banking industry over time. Liu finds that loan loss provisions are good news only for banks with loan portfolios that master a high proportion of loans for which loss provisions require concept and discretion on a loan-by-loan basis (e.g., commercial loans) rather than utilise statistical methods (e.g., consumer loans).A substantial body of research sought to substantiate managements role regarding loan default. James M. Wahlens(1994) study in The Nature of training in Commercial Bank Loan Loss Disclosures suggests that loan loss provisions are to be maintained at levels considered adequate to conjecture managements expectations of future losses because managers pretend head-to-head information regarding default risks in dwelling in the loan portfolio (455). Wahlen finds that managers judgment is necessary in estimating the loan loss provision apiece period. Wahlen further contends, It is prohibitively costly for investors and monitors to obtain all of managements information about the loan portfolio each period . . . Thus bank managers can exercise discretion over the timing of provisions for certain loan losses (456). Wahlen examines the relations between unexpected loan loss provisions and both stock returns and changes in future cash flows, and the role of managers in handling non-performing assets, in his study.Similarly, Iftekhar Hasan and Stephen D. Smith (1997) have argued that traditional view in profitability of banking institutions does not comprehend recently developing market trends. The couple has empirically investigated the alternative opening exploitation overall profit measures the prejudicious price- soaking up relationship does not hold over the entire range of spy market c oncentration (47). They have focused on the impact of concentration and efficiency measures using price data for individual products and services. Jackson (1992) suggests that any generalization of such responsibilityments since price-concentration measures may vary substantially across time periods. Recently, in a comprehensive study, Berger and Hannan (1993) found more support for the structure-conduct-performance hypothesis than for the relative-market-power and/or efficient structure hypothesis.While concentrating over the role of banking sector in fetching the great depression of 1930s in America, whirl B. Ashcraft(2005) analyses the implication of non-performing assets in overall macroeconomic scenario in the article Are Banks Really Special? New Evidence from the FDIC-Induced Failure of Healthy Banks. Ashcraft contends that direful contraction in banks results from uncontrolled lending. He writesWhile there is few disagreement in the literature over the precise mechanism through which trouble affects veridical activity it is hard to walk away without the terminal that bank failures played an important macroeconomic role in the acrimony of the economic downturn. What are the possible mechanisms? The most direct effect is through the loss of real wealth by uninsured depositors and other creditors. even so in the absence of a wealth effect, however, the creditors of a failed bank lose liquidity while they wait for assets to be liquidated, which in turn affects real spending in the presence of borrowing constraints. (1712)Ashcraft observes that when a bank fails, or so long-standing relationships with its customers are disrupted, if not destroyed. If customers are unable to replace these relationships with other lenders on equal terms, this contraction in the supply of bank credit has an effect on real activity. And finally, there is the threat of contagion, where the failure of one institution prompts a run on other banks, spreading the effect of failure throughout the economy.Literature related to non-performing assets and the Indian experience provides the glimpse of Asiatic economy and challenges of banking industry. Prashanth K Reddy(2002) makes a comparative study of Asian banking industry in A comparative study of Non Performing Assets in India in the Global context similarities and dissimilarities, remedial measures. Reddy stresses the importance of a sound intelligence of the macro economic variables and systemic issues pertaining to banks and the economy for solving the NPA problem along with the criticality of a strong legal framework and legislative framework. Reddy contendsConcerns have been raised about their relevance to India. A significant percentage of the NPAs of the PSBs are in the priority sector. Loans in rural areas are difficult to require and banks by virtue of their sheer reach are better determined to recover these loans. Lok Adalats and Debt Recovery Tribunals are other effective mechanism to do this task. ARCs should focus on the larger borrowers. Further, there is a need for private sector and contrasted participation in the ARC. Private parties will step to active resolution of the problem and not merely regard it as a book transaction. Moving NPAs to an ARC doesnt get rid of the problem. Actions and measures have to be taken to build investor confidence. (12)Reddy stresses on the need to analyze foreign experiences that must be utilized along with a clear perceptiveness of the local conditions to make up a tailor made solution which is cobwebby and fair to all stakeholders.Reducing systemic risk potential that the non-performing assets create in banks is probably the strongest economic rationale for supervision of any economic system. In that context all over the world capital adequateness has become a core instrument of effective supervision of banking system. But the lack of research in Nepali commercial banking sectors has further prompted to economic insta bility. This research proposes to study the variables behind non-performing assets and its implication in commercial banking through the comparison between EBL and RBB. Consequently, the tec hopes in treading into new avenue of research and its make recommendations for the reform process to be initiated in the Nepali banking industry as apart of the liberalisation of the economy in general and the financial stability in particular.Methodology / Sources of DataResearching NPAs of commercial banks is a subtile topic. Several parties contribute to the dynamics of the situation. These parties areBank employees and their representative from portfolios of credit (loan) department.Perspective clients of consumer loan and commercial loan investment from EBL and RBBPost-graduate students of finance and investment from various universitiesLaw professionals handling the cases of NPAs.Journalists active in featuring economic bawl out across different prominent newspapers and magazines.A compr ehensive investigation of this topics should hear to collect data from each of these parties.It is proposed that the following methods of data collection be deployedA content analysis of literature produced by these commercial banks, specially their investment literature. Much of this literature is prepared for public consumption and indeed will be readily available.Interviews with a representative sample from each of the parties identified above. Resource constraints do not allow for national coverage, thusly these interviews will be conducted in one region of the country, which will be selected on the basis of convenience for the researcher. This could well limit the generalisations that can be made from the data.The researcher will pose as a prospective client and will write a letter to each banks requesting steering for loans. This raises ethical issues since a certain amount of deception is involved. However, it is felt that it is a legitimate approach and doesnt cause pers onal harm to any party.The researcher will dispatch questionnaire selecting and identifying representative information provider from each party who in turn will provide with necessary information for the research. evaluate OutcomesThis work is essentially a comparative analysis since the issuance of loans and the state of recovery of two commercial banks are being compared. For the comparison to be meaningful and objective it is essential that a standard framework be adopted. It is proposed to structure the data collection and also the comparison and analysis using a distribution framework ofPublic Sector Units Brobdingnagian Industries mass medium IndustriesOther non priority SectorsAgricultureSmall scale industriesOther precession sectorsHence in simple terms the results of the project could be presented in the following dummy tableBorrowing Segment-wise NPAGross NPARBBEBLAmount portion of Total NPAAmountPercentage of Total NPAPublic Sector UnitsLarge IndustriesMedium Industries Other non priority SectorsAgricultureSmall scale industryOther Priority sectorsIt is envisaged that this will provide a degree of originality because the finishing of a distribution framework to an investment relations issue is novel.On the basis of the comparison of the activities of the two banks some recommendations can be made regarding the relative success of investment initiatives in this context.

Issues in Protecting Rights and Copyrights

Issues in defend Rights and CopyrightsEach society throughout history has, and testament be introduced to sensitive ideas, inventions, and movements that benefit their communities. Yet, with those inventions will come focusings for people to exploit them, and sensible exercise them to gain an advantage. Recently, with the dawn of the selective information Age of the early 2000s, the fairly-new lucre has affiliated the world in ways previously incomprehensible. With the Internet, people merchant existence hurl digital goods such as euphony, movies, and games to all(prenominal) other without both physical meeting or materialization. While beneficial to the economy and markets, those who sell online likewise risk digital pirates making copies of their goods, and distri scarceing them for free to the world, or even reselling them. plagiarisation has become a growing issue in the new age, and governments crossways the world atomic number 18 beginning to take action at rectitude against it. Even though government hinderance would control plagiarization some(prenominal)(prenominal) better, and could possibly be d matchless non to interfere with innocent customers, it could lead to invasions of privateness as people will always puzzle ways to fine-tuneload right of first publication files undetected, and trying to block up infringements will nevertheless stick out net income providers and customers, who pack the right to privacy, awardn in the poop Amendment (Bridegam 11)Government intervention is certainly possible, and has been through in correlation with the Fourth Amendment to the Constitution. An anti- plagiarisation firm named CEGTEK pushed for the nonice-and- nonice police force to be passed, which allows shamright companies to load garner to drug drug using uprs, recognizing that someone on the infringed ne cardinalrk has downloaded copyrighted software. It also tells that if the user ignores the infringement, legal acti on whitethorn be taken. While it does non rattling search and seize files on users information processing governances, forcing deletion, it recognizes copyrighted software be tiltred to the network, and takes nonlegal action which may eventually be brought to court, however. After the Law was passed, piracy rates dropped up to 61% one year (Brownell 1), due to the letters being sent with nonices of infringement. It had an impact on slowing down the harvest-feast of piracy, further governments subscribe to capture other ways to end digital law-breaking.Piracy is gloss over fairly new to the big picture, and old laws drive to be modernized in order to stop it. The Fourth Amendment to the joined States Constitution prohibits unwarranted and unreasonable search and seizure without a probable cause. While the Amendment protects personal property, including computers, an take awayicer seat still door the discipline and files stored on the machine. David Cole at George town University says When I send an email, Ive shared it with the Internet provider. (Zwerdling 1) All communications with inn takeers and websites are stored somewhere on the sites history, leaving a digital footprint behind. Law enforcement pre lot access these records as they can be made accessible upon calling, because if a warrant is denied to search a users computer, a nonher one can be requested to search the server or service provider involved in the alleged crime to find out if copyright infringement did occur. The Amendment has not aged well, and with the Information Age accelerating, the old laws need to be updated in order to livelihood up with new technology. The Fourth Amendment tells little about digital search and seizure, yet it still is unconstitutional for unreasonable search of property.Internet service providers (ISPs) supervise everything a user does, downloads, and uploads on the internet, and period it may differ from each company, some keep records fo r all types of purposes, include hardware and software maintenance, as well as to catch pirates. These companies assign IP addresses to every computer in order to connect the PC to websites and servers, simply the address can also be used to trace a user crosswise the network. This is how pirates can be quickly caught. some(a) ISPs work with anti-piracy and copyright security companies, such as Tecksavvy Solutions in Canada, work to catch infringements and stop it on their networks. The collaboration amidst the companies comes down to the anti-piracy firms monitoring P2P (peer-to-peer) connections scanning for copyrighted content. If a file is found to be copyrighted, the IP address is logged and forwarded to the ISP of the user. While it may seem like a simple job, the ISP does not legally deal to disclose the name and location of the alleged pirate. (Robinson 1) Obviously, the ISP could if they wish to, but most companies see so many infringements that taking actual legal acti on towards the issues would cause much conundrums than needed. The amount of legal fees, time spent, and reputation on the line is simply too much for most companies to risk.Ways to stop piracy have doubled over the years, and each year introduces more invasive methods of cracking down. (Katyal 1) Years of lobbying and debates have introduced many new acts and bills passed in order to prevent and cease piracy. However, they have been passed in ways so as not to affect the openness and opportunity of the internet, yet still be able to enforce their rules. The stanch Online Piracy (SOPA) and Protect IP Acts are in the process of being debated by telling, and opposed by pirates. SOPA intends to defund and cut off access to rogue sites that promote piracy but are established internationally, most notably The Pirate Bay, in Sweden. The two acts rival each other in debate, but have the same end goal to end foreign piracy in the amalgamated States. The bills have not been passed, but have the support of the RIAA, MPAA, and NMPA, all music and media production companies. (ABC-CLIO 1) Arguments followed the con boldnessration of the bills, with the defense that they would not enforce anything, and would solely hurt the internets freedom. Cutting off access to websites is a prohibition of the openness of the internet, as it is not truly free with these emitrictions.The United States is surprisingly not one of the countries with the most piracy, but the ones that too have taken action against it. David Kassler, chief operating officer of EMI Group, a British music company, says You can have a number-one record album in Spain with 3,000 sales, referencing the number of pirates and downloaders. (Economist 1) Germany has kept their piracy laws simple, with a fine system for each crime. South Korea faced rampant piracy as well, but took action against it, introducing a three-point admonishment system for their users suspected of copyright infringement. If the use r ignores these warnings and does not cease their use, their connection will be cut off and disconnected. Now, some companies in the U.S. have taken up a warning system. Copyright firms are able to collect the IP of a pirate, and can send a notice to that IP without needing to take legal action. Some unknowing pirates are frightened off by the sight of the official notice, and cease immediately. Using a detection and warning system has worked in Korea, leading to a 10% increase of music sales in 2009, but whether it will work in the U.S. is yet to be seen. Not all the laws will work, as Mayseey Leong of the IFPI says it wasnt as though the law came into lay out and all illegal activity stopped. Laws will not be adequate to stop piracy, but it can make a difference in slowing down the increase of infringement rates. Piracy has a much elephantiner effect on people besides their internet being disconnected. Being convicted of piracy could result in graduation denial, loss of job, sc holarship, or even citizenship for international pirates.Studies by Stuart Green from the supranational Herald tribute shows that pirates and users of the internet have drawn a solid line between digital piracy and physical theft. (Green 1)Pirates claim nothing is being stolen, only copied and mostly used for personal use. However, 1962 introduced the Moral Penal Code, which defines property as anything valued. The vague definition has led to an argument over theft law even 50 years later, bringing up the discussion of whether or not digital goods count as valued, as they technically do not exist only as bits and numbers on a server, not physically. Therefore, a dilemma has been created where users must decide whether or not they believe piracy is actually thievery. It is known that digital distribution has done wonders for the music business, increasing revenue and popularity, but it opens up a unharmed world of debate about digital sharing of copyrighted goods. Because aught is hurt at the moment of download, users claim piracy is not stealing because they are simply making a copy of the file, nobody is killed or robbed at gunpoint, as all the user has to do is click download.In the long run, production companies and music artists do take a large financial hit from a insufficiency of sales, if a certain nervous strain or album of theirs is being sent across the internet illegally. mavin reporter, James Lardner, claims the more they lock things up, the more users rebel. (Lardner 1) Regardless of how companies and Congress may try to make their files inaccessible except legally, pirates and hackers will always find ways to get what they want, even if they face troubles such as takedowns of their websites. The problem companies face is that file sharing services are much smarter, and closedown down physically in one place will not affect piracy as much. One popular website, KickAss Torrents (KAT), was taken down after the founder was arrested. Yet, it d id not do much against piracy, because of the way it works. copyright content is shared via P2P networks, meaning it goes straight from computers that seed the file, and make it available for download directly from their computer, with no website involved. The site was simply a compile for the .torrent files which contain the information that allow users to connect to other users to download the file. Pirates have taken measures against website takedown, and entire server backups were quickly uploaded to a different earth name to ensure the site stayed up. KAT was down almost momentarily, and goes to show how a server level takedown could not do much obstructage against stopping piracy. (Mathur 1) Not only is piracy rampant digitally, but burned CDs and physical copies of copyrighted files are shared just for that reason. somatogenic copies are much harder to trace, despite them not leaving footprints, and can be publicly viewed and broadcasted without the user even knowing it i s a pirated version.Pirates argue that the internet is a source of information and sharing, and because companies and users make their files publicly available, one way or another, they are free for the taking due to a lack of security against them. (Peloso 136) Not just one force is at suspension in the grand view of piracy, but pirates blame the music industry saying it has consistently failed to adapt to changes in technology. (Wray 1) If a company has not taken any measures to protect its media, then it can be at shimmy for users copying it illegally. Companies can also be at fault for not making their media available in all countries for all people. International users must pirate content because some files are regionally locked, and only available in America (Wortham 1). The only way for some users to access the media is to download it from a P2P network, which may not put them completely at fault, as the companies have yet to make their media available worldwide. One unkn own user says It is available, just not legally. Having region-locked entropy also may serve as a cause for the high piracy rates in South Korea and Spain, being outside of the U.S.The internet is a vast network, with billions of packets of data sent on the daily. Being able to monitor and scan every single connection would take an amount of power machine and man do not have yet in the Information Age. Not even the United States could crack down on every case of copyright infringement, even in their own country. One man, who wishes to remain unknown, claims the bring and television industrys movements to stop distribution is like building a dam in the middle of a vast ocean. Along with their failure to keep up with modern times, copyright firms can only do so much in terms of catching pirates, as most use proxies, which change their IP addresses to somewhere far from their computer, to trick websites into thinking they are connecting from somewhere else, hiding themselves and th eir location. Therefore, it is presently impossible to catch every pirate, and politics must accept the internets freedom, and how it can never be fully controlled by anyone due to the massive size of it. No matter how much effort is put into stopping piracy, someone somewhere will always find a way to bypass restrictions and free the copyrighted content for the rest of the world. Once the content is out in the internet, it can never be fully erased, as it has been saved on hundreds, or even thousands of computers by the time the copyright firm has information the file has been taken. (Sampat 1) This is why website takedowns would not work, copies of the file have been made and can be reuploaded and hosted at any time. Pirates have to work together to function, but taking them down one-by-one has not worked so far. More attempts will be made to end piracy for sure, but that may spark more controversy, however, because any more intervention by the government and firms would only end up in violations of privacy and rights.Piracy is still fairly new, and is growing every day, despite mingy attempts to stop it, while still remain constitutional. The main question ISPs and copyright companies face is how can the openness of the internet be preserved while having all illegal acts filtered out?. The protection of innocent customers is on the top dog of every company, and selecting the few out of the bunch who commit acts of piracy is not an easy task. While they do have access to the file transfer history between users, they cannot legally intervene without a warrant, shown in the Fourth Amendment, and even if they are issued one, they cannot completely prove the user was the one who downloaded the material. by chance the pirate used a public Wi-Fi access point to copy a file off KAT, and then left the building. The owner of the Wi-Fi would attain a notice to cease piracy, even though he had move no such act, his customers did. Piracy is a tricky subject, and n either side is technically correct. Pirates can claim anything accessible can be taken, and will be because of the vast size of the internet, but companies do have a legal copyright on some media materials, and taking them is a twist act. It is up to the governments of countries facing piracy to make a decision establish on the current situation, and take action to resolve piracy. Pirates must unite to keep themselves anonymous against companies out to crack down on infringement. Congress must protect the pirates rights, but production companies must protect their copyrights. works CitedA Rare Victory Against Piracy. Economist (London, England) Vol.395, No.8679, Apr, 2010, pp. 68, SIRS Issues Researcher.Bridegam, Martha Ann. Search and Seizure. Philadelphia Chelsea House, 2005. PrintBrownell, Claire. Pirates of the Internet. depicted object Post, 13 Feb, 2016, pp. FP.5, SIRS Issues Researcher.Green, Stuart P. When Stealing Isnt Stealing. International Herald Tribune, 30 Mar, 2012, pp. 6, SIRS Issues Researcher.K, Katyal Sonia. Yale Journal of Law and Technology. N.p. Yale Law School, 2005. Print.Lardner, James. The Empire Strikes Back. U.S.News World Report, Sep, 2000, pp. 54-56, SIRS Issues Researcher.Mathur, Swapnil. KickAss Torrents is Dead for Sure, but Online Piracy result Continue. Financial Express, 23 Jul, 2016, SIRS Issues Researcher.Obama Administration Responds to we the People Petitions on SOPA.. WHITE kin PRESS RELEASE, 14 Jan, 2012, SIRS Government Reporter.Peloso, Jennifer. Intellectual Property. New York H.W. Wilson, 2003. Print.Robinson, Michael. Student Downloaders Beware. Macleans, Nov, 2016, SIRS Issues Researcher, https//sks.sirs.com.Sampat, Neel. digital Piracy. Issues Understanding Controversy and Society, ABC-CLIO, 2017, issues.abc-clio.com/Search/Display/1560147. Accessed 12 Feb. 2017.Spotting the Pirates. Economist, Aug, 2011, pp. 55, SIRS Issues Researcher,Stop Online Piracy Act (2011). Issues Understanding Controversy and Socie ty, ABC-CLIO, 2017, issues.abc-clio.com/Search/Display/1688414. Accessed 12 Feb. 2017.Wortham, Jenna. Readers Debate Online Piracy and the Future of Digital Entertainment. The New York Times. The New York Times, 29 Sept. 2014. Web. 12 Feb. 2017.

Friday, March 29, 2019

National Waste Law

National bodge uprightnessIt is unfortunate that the difficulties of interpreting the pronouncements from the EC be compounded by the ill of the issue authorities to agree a cat valium forward motion to the translation of drive away.Critically task whether case righteousness shows a common approach to the rendering of xerox.IntroductionIn OSS crowd Ltd v environs influence, an appeal case concerning the head of when lubricating oil ceased to be toss off, it was unmingled that the Environment mode (the Agency) and the Department for the Environment, Food and Rural personal business (DEFRA) held different views about the comment of mishandle and, specifically, when a blow ceased to be a bollocks. The Agencys view was that if the mean use of the hearty was combustion, the hearty remained a botch up until the secular had been burned, irrespective of whether the dash off strong was similar to a painful squ are. DEFRAs view was that while the combustion of bodge lubricating oil was a recovery exercise and then the elope oil would remain waste until combustion was completed, literal burned as fuel that was aged from waste lubricating oil was not being throw outed, and thusly was not a waste, where the actual had the same characteristics as a virgin cloth. The judge in the authentic case, Burton J, reason that the Agencys view was correct, and that steady where a waste ceased to be waste after processing, it would revert to being a waste when burned.While the differences amid the Agency and DEFRAs views may not have seemed especial(a)ly signifi coffin nailt, in recital they resulted in a situation where a recovered substance could be both a non-waste and a waste expecting upon the proposed end-use of the product. This was the situation faced by closure Resource Management (SRM), who produced, for onward sale, product grade distillates (PGD) from recovered solvents. As a saleable product, PGD was a non-waste however, when the material was used as a fuel in SRMs plant, it reverted to being a waste even though there was no figure by, or requirement for, SRM to cast off the material.Carnwath LJ provided some clarity in the appeal by OSS, where he concluded that the Agencys view was too narrow, and OSSs products could be burnt other than as fuel. Carnwath LJ considered that a practical common sense approach was necessary that was uniform with the aims of the WFD. He went on to conclude thatin the unmortgaged of this design, it may be doable for the Department for the Environment, Food and Rural Affairs and the Environment Agency to join forces in providing practical counsel for those affected. It is unfortunate that the difficulties of interpreting the pronouncements from Luxembourg are compounded by the failure of the depicted object authorities to agree a common approach.Evidently, Carnwath LJ considered that a common approach to the definition of waste was not being interpreted. Through a co nsideration of the European and home(a) case law relating to the definition of waste, it is intend that this paper will demonstrate that the European Court of Justice (ECJ) takes a concordant approach to the definition of waste, that being that both material or substance can be waste within the meaning of the untamed Framework guiding (WFD), while atom disk operating systems and issue authorities (including national Courts) do not take a consistent approach to the definition of waste.Article 1(a) of the WFD defines waste as any substance or objective in the categories set out in Annex I which the holder gaols or intends or is required to discard.The categories set out in Annex I cover items that would typically be considered waste and would because require discarding, such as out of date or off-specification products, materials spilled or contaminated, unusable separate, and various production residues. However, the WFD ensures that the definition is wide by specifying an supererogatory category, which refers to any materials, substances or products which are not contained in the above categories. supernumerary information on the materials and substances that are waste is provided in the European Waste List. However, the introductory notes to the list state that the inclusion of a material in the list does not mean that the material is a waste in all circumstances. Materials are considered to be a waste and where the definition of waste in Article 1(a)is met. Determining whether a substance or object is indeed a waste will thereof weigh wholly on the waste holders intent or requirement to discard the material.Varying approaches have been interpreted to find whether something has been discarded, or whether the holder intends or is required to discard it. The Advocate General in his opinion in Tombesi considered that if a material was consigned to a recovery operation, it was an indication that it had been discarded and it was therefore a waste. He stated thatUnder the guiding the sole inquire is whether the substance in issue is keep down to a governing or recovery operation within the meaning of Annex IIA or BThe need to identify whether something had been discarded had effectively been bypassed by considering that all materials consigned to a recovery or disposal operation were waste. If it was identified that a material had been subject to an Annex IIA or B operation, it could be concluded that the material was discarded and was therefore waste. This approach was not supported in the judgment from the ECJ, however. The Advocate Generals approach in Tombesi was followed in other consequent cases, for event Inter-Environnment Wallonie v Regi hotshot Wallone, where it was concluded that substances that were subject to a recovery process would commonly be waste, and in Mayer hedge recycle Ltd v Environment Agency, where the UK cost held, on the basis of Tombesi, that scrap metal that was to be used without being s ubject to a recovery process was not a waste.The so-called Tombesi-bypass presented problems, however, since a number of the specified recovery processes could also be normal industrial processes using ordinary earthy materials that would not be classified as wastes (e.g. coal (fuel) combusted in a power station to generate electricity would not be classified as a recovery process). In ARCO Chemie Netherland Ltd vMinister von Volkshuivesting, the Advocate Generals opinion in Tombesi was not followed. It was considered that a substance consigned to a recovery operation listed in Annex IIB of the WFD was not necessarily to be considered as a waste, and it was first considered necessary to establish whether the material in question constituted waste (i.e. whether or not it had been discarded). The approach taken in ARCO and subsequent cases was different to that of the previous cases, and the need to establish a holders intention or requirement to discard a material became the determ ining pointor when identifying whether a material or substance was waste. The underlying excogitation of the ECJs approach to the definition of waste was stated in ARCO as followsWhether a material or substance is waste must be determined in the light of all the circumstances, by comparison with the definition set out in article 1(a) of the directional, that is to say the discarding of the substance in question or the intention or requirement to discard it, regard being had to the aim of the Directive and the need to ensure that its effectiveness is not undermined.Essentially, the definition of waste therefore turned on the term discard. In his judgment in OSS, Carnwath LJ defined discard, as he had done previously in Mayer Parry Recycling Ltd v Environment Agency, as followsThe term discard is used in a broad sense equivalent to get rid of merely it is coloured by the examples of waste given in Annex I and the waste catalogue, which indicate that it is refer generally with ma terials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements He noted, however, that it was clear that this was only part of the story, and referred to a number of cases subsequent to ARCO where the ECJ had attempted to provide objective criteria that could be used as turn up that a holder of a substance or material think to discard that material and, therefore, the material should be considered as waste. Some of these criteria were summarised by Lord Reed in the conclusion to his judgment in economical advocate Generation Ltd v Scottish Environmental Protection AgencyFor example, whether the material is produced intentionally whether further processing is required before the material can be used and whether the material is authentic to be usedwhether the material is commonly regarded as waste and whether, if it is used as fuel, its use as fuel is a common method of recovering waste. Since the sta tus of a material has to be assessed on the basis of a comprehensive estimation of the circumstances of the particular case, it follows that none of the factors mentioned is conclusive in itself. The factthat a material is produced intentionally, requires no further processing before it can be used, and is certain to be used, cannot be taken in isolation as determinative of its status. He went on to consider the criteria that could be used to assess when a substance ceased to be wasteThe danger which is typical of waste is a danger of upon to kind-hearted health or the surroundings caused by the manner of its disposal. The WFD seeks to address that danger by making waste subject to supervision designed to ensure that it is recovered or wedded of in a manner which is controlled so as to protect human health and the environment. Once a material has been classified as waste, it therefore remains subject to that supervision at least until that objective has been achieved. It is onl y then that the material may cease to be wasteWhen it is claimed that what was waste has ceased to be wasteit is accordingly necessary to assess whether that claim is come up founded. That assessment requires consideration not only of whether the material in question can and will be used without further processing in the same way as a non-waste material, but also of whether the material can be used under the same conditions of environmental shelter as the non-waste material with which it is otherwise comparable, without any greater danger of harm to human health or the environment. Other factorsmay also be relevant in considering whether waste has been subjected to a recovery operation or merely to pre-treatmentThe general approach taken by the ECJ to the definition of waste, that is that any material or substance may be waste where it has been or is required or intended to be discarded, is therefore considered to be consistent throughout the case law reviewed. However, as demonst rated in the ending of this paper, the insistence of the ECJ that whether or not a material is waste, or ceases to be waste, must be determined on the basis of whether or not its holder intended or was required to discard it, even where this has no practical relevance, results in varying approaches being taken by share States and national authorities to the definition of waste.In 2007, the explosive charge of the European Communities print a document intended to be used by appendage States in interpreting the judgments from the ECJ. In Annex 1 to the document, a number of examples of wastes and non-wastes are given however, the examples are introduced as followsThere are umpteen other examples that could have been used, and even the examples here may vary crossways the EU in some circumstances, notably if there is no evidence of use for a given by-product, or on the contrary, if use is certain for a material in a region or division State, where this is not the case across t he whole EU.Clearly, the position of the counsel in considering that a material might be waste in one Member State but not in another would come on to be wholly inconsistent with the aims of the WFD, and therefore inconsistent with the approach taken by the ECJ to the definition of waste. The seventh recital of the WDF is particularly noted in this regardMoreover, discrepancies between Member States legislation with regard to waste disposal and recovery may affect the quality of the environment and the smooth operation of the internal marketWhile the ECJ may be consistent in its approach, the delegacy of the European Communities does not appear to be adopting an approach consistent with the aims of the WFD.Varying approaches to the definition of waste can also be seen to be taken by the Member States. In the case law this is apparent in relation to Member States failure to fully implement aspects of the WFD, and in submissions made by Member States on these and other European and national cases.In relation to Member States implementation of the WFD, the following examples highlight thoroughly the varying approaches adopted. Germany historically excluded certain categories of recyclable waste from the scope of its municipal waste legislation, while the United Kingdom excluded agricultural waste from its definition of waste. Similarly, and more recently, Italy was found to have failed to fulfill its obligations under the WFD by excluding from its national legislation materials such as excavated earth and rock, food scraps and oddovers, and substances intended for recovery. Italian legislation historically also excluded substances or objects that were considered to be resourceful of economic reuse. It distinguished between waste and residues, and provided for simplified procedures for the collection, transport, treatment and reuse of residues. Moreover, certain materials with specific commodity characteristics were excluded from the relevant legislation al together.In Tombesi, ARCO, go Cement, Palin Granit Oy, Mayer Parry, Saetti, and Thames Water v Bromley Magistrates Courtsubmissions to the Court were made by various Member States governments. Their submissions highlight the differing approaches adopted by the Member States, and as an example, a design discussion of the submissions made in Tombesi is provided. The Danish government considered that the concept of waste included all residual products, defining residual products as those that are not the primary goal sought by the production process, do not have a constant economic value, and their use depends on the markets available for them. The French government agreed that waste included residues, and considered that waste continued to be waste until it was recovered. The Italian government argued that the definition of waste in the WFD placed too much importance on the subjective element of the intentions of the waste holder, and that it was legitimate to employ the possibilit y of use as a basic criterion and exclude from the notion of wastes substances that have recognised properties and are normally traded on markets. The Netherlands and UK governments took an intermediate view, with the Netherlands highlighting that secondary raw materials would not be waste, while the UK government argued that something was a waste when it left the normal commercial cycle or chain of utility and was consigned to a recovery operation. The Member States approach to the definition of waste clearly varies significantly.As a final example of the approach taken to the definition of waste, it is utilitarian to return to the OSS case and contrast this with other similar cases that have been touch with a material derived from waste that was subsequently used as fuel. such cases include ARCO, castle Cement v Environment Agency, Scottish Power Generation Ltd v Scottish Environmental Protection Agency, Saetti v Frediani,and Lcopower BV v Secretary of State. On the facts of ea ch case, materials in the first three cases were considered possible to be wastes despite the recovery processes that the materials had been subjected to, while the materials in the remaining two were not considered to be wastes.The OSS case followed the general approach taken in ARCO, where it was statedthat the operations to which a substance is subsequently submitted are not of polar importance to its classification as waste. However, in Castle Cement, which concerned a material recovered from waste solvents and liquids derived from waste sources by Solvent Resource Management, the fact that the material was burned as fuel was an measurable consideration in determining that the material remained waste. This was in spite of the fact that it had been produced to a specification specifically for use as fuel. This can be contrasted against Saetti, where petroleum coke, which was produced to a specification although was considered to be waste by its producer, was held not to be wa ste. In Scottish Power, the waste-derived fuel was again made to a specification however, here it was considered that since the material could not be used as fuel in the same conditions of environmental protection as the raw material it was replacing, it must be considered waste. In relation to the materials characteristics, however, in Castle Cement, Stanley Burnton J considered thatWhether material is waste cannot depend on whether any particular holder of it stores and uses it in an environmentally and otherwise safe manner. Its categorisation should depend on its qualities, not on the qualities of its storage or use.This view can itself be contrasted with the ECJs approach to the definition of waste, which depends not on the quality of the material but on the intention or requirement of the holder to discard that material.In conclusion, while it appears from the case law that the ECJ has, on balance, taken a consistent approach to the definition of waste, its insistence on relyi ng on the holders intention or requirement to discard the material has resulted in Member States and national authorities (including the national Courts) taking, unsurprisingly, an inconsistent approach to the definition of waste. The self-proclaimed clarification document published by the Commission of the European Communities collates and prioritises the judgments from the ECJ, but it is questionable whether the approach taken is consistent with the overall aim of the WFD. Stanley Burnton J confessed to finding parts of the ECJs judgments Delphic and, while apparently consistent throughout the relevant cases, I would tend to agree. The third recital of the WFD states the followingCommon terminology and a definition of waste are needed in order to emend the efficiency of waste management in the Community.Perhaps it should read and a workable, comprehendible definition of waste?ReferencesARCO Chemie Netherland Ltd vMinister von Volkshuivesting and EOPN 2003 Env LR 40 (Case C-418/97 ) 15 June 2000Bell, S. and McGillivray, D., Environmental Law (Oxford OUP, Sixth Edition, 2006Castle Cement v Environment Agency 2001 EWHC Admin 224Commission Decision 2000/532 of 3 May 2000 ( 2000 O.J. L226/3 ) replacing Decision 94/3 ( 1994 O.J. L5/15 ) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442 ( 1975 O.J. L194/39 ) on waste and Council Decision 94/904 ( 1994 O.J. L356/14 ) establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689 ( 1991 O.J. L377/20 ) on hazardous waste, as amended by Council Decision 2001/573 ( 2001 O.J. L203/18 ) of 23 July 232001 amending Decision 2000/532 as regards the list of wastesCommission of the European Communities v Italy (Cases C-194/05, C-195/05, and C-263/05) 18 December 2007 reported in EU Focus 2008, 225, 15-17Commission of the European Communities v United Kingdom 2004 entirely ER (D) 279 (Case C-62/03) 16 December 2004Commission of the European Communities, 2007. Commun ication from the Commission to the Council and the European Parliament on the Interpretative Communication on waste and by-products. Brussels, 21 February 2007, COM(2007) 59 finalCommission of the Eurpoean Communities v Germany 1996 1 CMLR 383 (Case C-422/92) 10 May 1995Council Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on wasteCriminal Proceedings against Niselli (Case C-457/02)Criminal Proceedings against E. Zanetti and Others 1990 I ECR 1509 (Case C-359/88) 28 March 1990 Euro Tombesi and Others 1997 3 CMLR 673 (Joined Cases C-304/94, C-330/94, C-342/94, C-224/95) 25 June 1997Icopower BV v Secretary of State (Unreported May 14, 2003) cited in OSS Group Ltd v Environment Agency 2008 Env LR 8Inter-Environnement Wallonie v Regione Wallonne 1998 All ER 155 (Case C-129/96) 18 December 1997Mayer Parry Recycling Ltd v Environment Agency 1999 1 CMLR 963OSS Group Ltd v Environment Agency 2007 Env LR 19OSS Group Ltd v Environment Agency 2008 Env LR 8P alin Granit Oy v Lounais-Suomen Ymparistokeskus 2003 All ER (EC) 366 (Case C-9/00) 18 April 2002Saetti v Frediani 2004 Env LR 37 (Case C-235/02) 15 January 2004Scottish Power Generation Ltd v Scottish Environment Protection Agency (No.1) 2005 SLT 98 OHThames Water Utilities v Bromely Magistrates Court 2008 Env LR 3 (Case C-252/05) 10 May 2007

Direct Advertising of Schedule 4 Medicines to Consumers

Direct advertizing of archive 4 Medicines to ConsumersAbduwaysi AmieShould muniment 4 medicines be without delay announce to consumers?This essay leave examine a number of arguments for and against localise advertizement of Schedule 4 medicines to consumers, but it will argue that schedule 4 medicines should not be denote sitely to consumers. In the last decades advertisement has grown and pharmaceutic companies argon advertizing mastermindly to consumers. These days, consumers are facing the intimately advance and domesticated advertised roughly medicine. The research suggests that rail ad to consumers is twain beneficial and minus to public wellness in general. The TGA is the only authority that regulates acquire advert to consumers, advertisements for all therapeutic goods must comply with therapeutic good dominion act 1989. there are limits on study advertisement harvest-home containing schedule 3,4and 8 to be advertised to consumers in Australia. Some gro ups of tribe argue the rules are too relaxed and are inadequate to enforce the mortified that protects consumers ,others supporting charter advertise to consumers (Mangin 2006), this number is evenly distributed and balanced , both side have been supporting their arguments with evidence. Currently there are a number of methods of advertising medicines to consumers. First type provides information to the consumers to seek intervention from their doctor about a special problem without naming the medicate. The imprimatur method is those which advertise their medicine bringly to consumers by naming the medicate, what its used for, how it used, how some(prenominal) tablets you take per days and the price of the drug. The last superstar is the common type of advertising, product claims such as efficacy, safety and feel of the drug. The entire drugs are subject to different TGA regulatory restriction.(Shaw attest 2008)The curative Good Administration (TGA) is the branch of the Australian Department of Health and Aging, responsible for regulating therapeutic goods, prescription medicines, medical examination devices and non-prescription medicines including oer the rejoinder medicines in order to protect public health and safety. The TGA direct in perspective the systems of national scheduling or classifying medicines to control medicines and chemicals that pose risks to consumers. Medicine is classified ad according to the level of risk. The TGA classified medicines and poison in to schedule from 1-9. Schedule 4 (prescription only) medicines and Schedule 8 (drugs of addiction) is regulated by the Poisons Act 1964 and the Poisons Regulations 1965 raise legislation). Schedule 4 medicines are Prescription only Medicine are defined by the poison act as this medicines are call for to be evaluated for safety and efficacy and for safe and appropriate use due to the complex nature of the medicine potential toxicity, compared with relatively safe eve ryplace counter drug which do not require a prescription.(Health 2008) to a lower place section 23(2) (e) together with substance or preparations intended for therapeutic use. The safety, shade and efficacy require further evaluation the prescribing of certain S4 medicines is restricted to medical specialists in few human faces Prescription of certain medicines to patients, who are suffering from degenerative disease like skin disease and put upcer. There are some drugs prescribe by dermatologist, gynaecologist that are restricted to medical practitioners.(C. lee Ventola 2011)New Zealand and the United States of America are the only countries allowed reign advertising Schedule 4 medicines. This is not allowed by law in the most countries around the world including Australia. Direct advertisements to consumers failed to provide necessary information about the drug, instead they appeal and tend to sell and promote their products. It withal contains misleading, wide informat ion.(Barbara Mintzes 2006) Today medicines are available in markets in two important forms in Australia, those required prescriptions from general practitioners and those you can buy instanter without prescription(over the counter drug). pharmaceutical companies can directly advertise to health professionals but not to the general public at all, this will affects the relationship that existed surrounded by patient and general practitioner. The health practitioners have good relation with their patients they have as well as a legal responsibility in both prescribing the medicine and also informing the potential risk. In 21st t the century stack attitude is changing the use of health services by accessing many range of informations from the media. Restricting direct advertises schedule 4 medicines to consumers are justified due to safety concern. (Mangin 2006) For instance, the most recent evidences direct advertising can cause harm risk to consumer come from rofecoxib. There wa s no enough evidence to suggest that Vioxx is more efficacious to treat arthritis pain and inflammation it has only get aheaded reduced risk of gastrointestinal egress. However the trail shows disadvantage outweighs the benefit which increases in heart endeavor and stroke. Many discussions have raised about the safety effects of direct advertising schedule 4 medicine to the consumer. The US cardiologist argued that the FDA has failed to power point direct advertising Vioxx to US public, they failed to protect the public health and safety while cardiac risk grew. During those periods Merck has spent more than 500million for direct advertising their wonder drug to the world in its five years in the market. Vioxx case was one of the examples about the effects of direct advertising prescription medicine to the public and its potential dazes on undivided patients and public health at large, based on the available evidence. Advertising schedule 4 medicine should be banned it white thorn unwrap people with serious medical problems. (Barbara Mintzes 2006)It is possible to change the law to fortress the public from direct advertisement prescriptions medicine. The changes in policy about direct advertise prescription medicine to consumers can assist the connection between public advertising and public health.The people who are supporting direct advertising schedule 4 medicines to consumer argue that freedom of speech, commercial freedom, the respectable to get important information to consumers, In order to enable them to shuffle a decision. They cerebrate direct advertising prescription medicine is really important human right, to know more information about a potential handling for the disease they suffered from. They believe also access to their health information can be available to them with the avail efficacy of the drug, and (Assistant Professor The impact of advertising prescription medicines directly to consumers in New Zealand lessons for Australia )information what is best for them. Defenders of direct advertise prescription medicine to consumers focused their campaign on the particular class of medicines that treat illness that symptom are already know to consumers. The defendant argues allowing direct advertise to consumers enablement and autonomy. The argument highlights the types patient who will benefit from direct advertise including the following, people those are poor who are an ability to have access health information, those who have temporary conditions, would prefer direct access information and those who have experience managing chronic pain and go on long term conditions. In general, consumers who are adult they have capacity, authorise and right to make a decision about the products and good and services. The pharmaceutic company believes direct advertising to consumer has played important role in informing and educating the consumer about the condition that are treated by check off name drugs.Advertising sc hedule 4 medicines to consumers is undesirable because direct advertising does not provide necessary information about inauspicious effects, election treatments and the cost of drugs. According ED Mierzwinski, consumer program director for U.S PIRG.Direct advertising causes over prescription of drug for condition people werent aware of it, has resulted in massive profit for the industry by preying on vulnerableconsumers in addition, to desperation doctor and patient relationship. This advertisement can give misleading information about the brand drug, exaggerate the benefits and under reporting the side effect or risk. The consumers that are exposed to direct advertising constantly think drug is the only solution to a health problem, instead of pickings up healthy living, good diet and exercise. The result clearly shows, advertising new drug before fully known serious ominous effects, and current post market surveillance sometimes fails to identify adverse events that of a parti cular drug, which is heavily endorsed early in the process of production, which can present public health. Vioxx was such drug that mostly advertised in the U.S from 1999-2004. 4On September 30, 2004, Merck voluntarily withdrew Vioxx from the market. Before it withdrew patients requesting for Vioxx by asking the drug relying on the company advertisement they believe the Vioxx is better than other drugs treat the same conditions, not knowing that this drug can cause stroke or other heart problems. benoxaprofen (Oraflex, Eli Lilly) for arthritis, troglitazone (Rezulin, Parke-Davis) for diabetes, cisapride (Propulsid, Janssen) for stomachal reflux, ceriva statin (Baycol, Bayer) for high cholesterol, and tegaserod (Zelnorm, Novartis) are other drugs that were heavily advertised to consumers, which have linked to safety risk. .(C. Lee Ventola 2011)Advertising has been the major tools of marketing to consumers for pharmaceutical companies. The profit generated by increasing spending on d irect advertisement to consumer by pharmaceutical companies is the main driver of increasing prescription drug and raised the consumer expectation of drug treatment that influence both patients and doctors. The claim direct advertising can provide necessary information that could helper the patients about the drug. It has been a point of discussion among patients, pharmaceutical companies and medical professionals in relation to direct advertisement to consumer.one group argues the knowledge from advertising may assist the patients in making decisions with their doctors to have a choice of treatment they extremity. Others argue advertising new drug to the consumer led to aggressive marketing of Vioxx the drug, which has been found unsafe and risk to consumers, such a case has put big pressure on FDA not to speed up the release of a new drug without proper clinical trials. In recent times, more people have been calling for cessation of direct advertisement to safeguard consumers fr om unnecessary effects of direct advertisement and to put limits into misleading and false information. To improve access option for drug treatment, we need comprehensive, unbiased and accurate information.ReferencesAssistant Professor, DoP, Ryerson University, Toronto, Canada The impact of advertising prescription medicines directly to consumers in New Zealand lessons for Australia, To ban or not to ban direct-to-consumer advertising and human rights ( accessed 08/10 20140Analysis , Australasian Medical Journal, vol. 2010,3,12, 749-766 pp. 2010,3,12, 749-7662006, What are the worldly concern Health Implications? ( accessed 09/10 20140Direct- to- ConsumeAdvertising of PrescriptionDrugs in Canada, Barbara Mintzes, P, Health council of Canada. C. Lee Ventola, M 2011, Direct-to-Consumer Pharmaceutical Advertising( accessed 10/10 20140Therapeutic or Toxic? U.S national subroutine library of medicine, National Institute of Health, vol. 36, no. 10pp. 669-74, 81-84. Health, PSBDo 2008, R equirements for the prescribing ,of Schedule 4 and Schedule 8( accessed 15/10 20140Medicines in Western Australia WA Australia. Show, A March 2008, Direct-to- ConsumerS Advertising (DTC) of Pharmaceuticals, Discovery Guides, 14/10/2014. ( accessed 10/10 20140

Thursday, March 28, 2019

Aristotles Rhetoric and the Ethics of Modern Advertising Essay

Aristotles Rhetoric outlines the three main subroutines of rhetoric as political, legal, and ceremonial. suasion is the main point of all three of the main venues for rhetoric. Rhetoric may be defined as the faculty of observing in every given case the available means of eyeshot (Aristotle 22). Rhetoric outhouse as well as be seen as a primer to explain the methods of persuasion used in modern commercials and advertisements. While the classic methods of effecting persuasion be pertinent to our ascertaining of how different forms of advertizing work, there are also a host of modern day techniques that have changed the landscape of rhetoric. Namely, what has changed is three-fold. First, modern-day advertising has a much more visual delivery. Second, traditional harangue is rarely used in modern day commercials. Finally, there is a departure from what Aristotle would say is ethical within the rhetoric of the modern day. announce is attempting to sell you something. Unlike in the time of Aristotle, we live in a capitalist society where most rhetorical methodology is designed to kick upstairs a specific action from the audience to purchase an item, not scarce to win an argument. The duty of oratory has changed from the Aristotelian definition. We groundwork then ask, what fuck we learn from the rhetorical devices of Aristotle in responding to todays advertisements and commercials?However broad these changes may calculate to the modern day audience, it is important to 2show how the classical methodology of effecting persuasion is relevant today. Aristotle states the three means of effecting persuasion are (1) to reason out logically, (2) to understand human character and goodness in various forms, and (3) to understand ... ...nd logos are used by ad-writers in an attempt to work them, the public can look clearly at the underlying purpose of the advertisement. As Corbett and Connors point out, a knowledge of rhetoric can jock us to respond critically and appreciatively to advertisements, commercials, political messages, satires, irony, and double-speak of all varieties (25). A close reading of Rhetoric and other forms of ancient rhetoric can be beneficial to a student who wishes to truly understand how advertising and commercials work. The ability to wade through advertising that only offers a batty truth, or worse yet a lie, has become a vast attribute associated with post-modern American thinking. After a careful study of Rhetorics past, we as Americans may be able to discern truth from propaganda, need kinda of want, and fact from fiction.

Wednesday, March 27, 2019

Education and Awareness Will Promote Environmental Justice Essay

Education and Awareness Will Promote Environmental referee The goals of this environmental justice conference are stated simply firstly, to look for whether racial minorities and the poor are being environmentally victimized, and secondly, to evaluate familiar policies that promote environmental fairness. Each speaker provided insight and information from their single area of expertise. Led by keynote speaker Dr. Bunyan Bryant, they drew upon the realms of faculty member investigation, government and public policy, sociology, wellnesscare, and philosophy to unite the environmental movement with the betoken for social justice. After absorbing so much information concerning the online state of environmental justice, one leaves the conference with an overwhelming sense of state to promote awareness and fairness when dealing with issues of environmental quality. Dr. Bunyan Bryant of the University of Michigan began by addressing the history, issues, dilemmas, and central premises of the environmental justice movement. Dr. Bryant distinguishes environmental racism, or the targeting of accredited communities for undesirable land use, from environmental equity. The movement is characterized by a complexity of cultural norms, rules, regulations, behaviors, values, policies, and decisions. These influences either lead to the promotion of sustainable communities and the realization of luxuriously potentials, or contribute to the degradation of environments by impeding communities from enjoying social, political, and environmental health. Dr. Bryant notes the brilliance of key events, ranging from the effects of the 1990 Michigan Conference to the earlier convergence of the civilian rights and environmental movements around the time of the as... ...s from diverse areas in order to light upon an integrated perspective of the issues, successes, and common goals characterizing the environmental justice movement. The conference was qualify together by a common message - the need for schooling and awareness of issues of environmental quality. Environmental justice corresponds directly to human health and quality of life throughout the world. Regardless of whether or not an environmental hazard exists in ones community or backyard, it is necessary to be advised of the issues that affect us all. The goals of the conference were thus met by clarifying that environmental injustice is indeed occurring, thereby instilling in each instrumentalist the need for continued education and involvement in the quest for skilful and healthy environments for all. This is the way in which environmental justice will digest in future societies.

Adolescent Behavior Essay -- Music, Media

Introduction This chapter will review the factors that affect suicidal tendencies amongst adolescents as well as the role euphony plays in adolescent behavior. As there is a dearth of documentation on the emo culture, this review relied on articles and researches through in the United States and Australia. medicament and the Adolescent According to roe music plays an important social role in the development of adolescents (Roe K, 2000). Music acts as a buffer for adolescents substituting as a room of distraction as well as entertainment. Roberts and Christenson (2001) assert that adolescent in addition use music as a way to take secure of their moods and emotions. They maintain that music is also used as a intend in the formation of their identities this allows them achieve group identity and integration into subcultures. However, season Took and Weiss (1994) also agree that music is used as the means to uniting a social group, they ascertain that music is only used as a fo rm to reflect the level of turmoil adolescents are looking at at that stage in their lives. Many researchers have conducted studies on public music and its effects on school work, social interaction, mood and affect, with particular(prenominal) emphasis on behavior. They have developed numerous theories which explain the conjoin between music and behavior and Wass et al (1991) has made indications that heavy admixture music has links to homicides, felo-de-ses and satanic practices. Public criticism was wildly sounded when Gaines (1991) implied that there was a link between heavy metal and teen suicide pacts. The American Academy of Pediatrics (1996) has stated that the effect that popular music has on children and adolescents is of paramount importance and is a cause for concern. Brook... ...be assigned to for each one choice of response with 1 being assigned to not at all and 5 being assigned to completely. Data analytic thinkingAfter the data has been collected, analyt ic thinking of data will be done using Statistical Program for Social Science (SPSS) software. Charts and graphs will be used to illustrate the results of the questionnaires allowing the researcher to create a comprehensible analysis of the findings. The questionnaire will be analyzed by the five factors outlined preferably and not by each individual question. However, some questions, which the researcher finds as being significant to the research, will be analyzed individually.A pre ravel will be done on five participants to ensure that the questionnaire did not have errors and that the questions are clearly understood by the respondents. This will help in determining the validity of the questionnaire.

Tuesday, March 26, 2019

UCTA law essay :: essays research papers

C. THE UNFAIR CONTRACT TERMS ACT 1977The staple purpose of UCTA 1977 is to restrict the extent to which financial obligation in a centralize can be excluded for stop of lead and negligence, largely by reference work to a reasonableness emergency, alone in some cases by a specific prohibition.S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 (sellers implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any cartel term.Exclusion clauses subject to reasonablenessS.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requ irement of reasonableness.The Act gives the greatest protection to consumers. Under s12(1) (1) A party to a contract deals as consumer in relation to another party if - (a) he neither makes the contract in the course of a pedigree nor holds himself go forth as doing so and (b) the other party does make the contract in the course of a business and (c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by segment 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption. (1A) But if the first party mentioned in subsection (1) is an individual separate (c) of that subsection must be ignored.Peter Symmons & Co v interpolate 1981 131 NLJ 758R & B Customs Brokers v United Dominions Trust Ltd 1988 1 WLR 321.Peter Symmons & Co v Cook (1981) 131 NLJ 758The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,0 00. It was held that the firm was acting as a consumer and that to buy in the course of a business the buying of cars must form at the very least an integral part of the buyers business or a necessary incidental thereto. It was emphasised that only in those circumstances could the buyer be said to be on couple footing with his seller in terms of bargaining strength.

Secondhand Smoking Essay -- Tobacco Nicotine Smoking Cigarettes

A blockbuster learn published in the January issue of the daybook of the American Medical Association (JAMA) examined the impact of photograph to ETS on the feeler of athersclerosis (hardening of the arteries) and concluded, in part, that the arteries of non- messrs exposed to ETS thickened 20% faster than non-smokers with no uphold-hand exposure (JAMA). A nonher study published in Pediatrics in January estimated that, round half of the cases of early childhood cases of asthma, chronic bronchitis and wheezing ar attributable to exposure to secondhand smoke (JAMA). Smoking in public argonas such(prenominal) as bars and restaurants can be harmful to the health of not only the smoker himself, but e realbody around him. Recent studies on the recite of deaths as a result of smoking confirmed that eight unwrap of ten people affected with diseases affiliated with smoking were a serve of second hand smoke. Laws are in the process of being passed to net certain places completely no n-smoking. wherefore should a person who has been careful most their health be subject to smokers health problems? Why should a family going out to dinner have to smell the smoke from someone else when the family has just as much right to be in that respect as the smoker does? Isnt there some bearing to compromise between the two? Wont someone be cheerless no matter what the decision about banning smoking is? The fifty-fiftyt is that everyone has the right to smoke if they motivation to but there is no way that a non-smoker should be forced to inhale smoke that isnt theirs. Although, wint a restaurant lose a lot of trading if they cut out the smoking sections? The Institute for Social Research at York University for the Ontario Tobacco Research Unit at the University of Toronto per make a study on smoking attitudes and behaviors. First of all, only 19% of Toronto adults smoke, 15% daily (institute). The study proved that, eight out of 10 smokers in Toronto say they would comprise the rules if there were more restrictions on smoking, even without the threat of a fine. wholly one in 10 smokers say they would ignore bracing restrictions (institute). fractional of the adults who go out to eat dont go to the smoke-filled restaurants or bars for that matter, but somewhere else. Only a tail assembly of all the non-smokers replied that they would not take a smoking table even if it was the last one in the restaurant (institute). This information was provid... ...eness Coalition formed in upstate New York and the Tobacco-Free Tri-Counties including Washington Counties and Oregon. The fact is that many groups are strongly against public smoking because of the effect it has on innocent bystanders. The tobacco companies are afraid of what all these organizations will do to their profits and, as a result, are bringing forth lawsuits against some select organizations because the organizations are so effective in making new laws. The many new non-smoking law s in bars and restaurants have proved many times remunerative to these public places. Therefore, the bars and restaurants, along with many other public places of drill are becoming much safer because of the no smoking rules. This includes less second hand smoking diseases as well as something as forceful as a fire. These new regulations naturally make the non-smoking community very happy some smokers even believe in the new sentry duty rules. Those smokers who believe they have the right to do whatever they want when they want will have to learn to cope with the new ways. Eventually, these laws will be very common and it wont be such a big deal to the smoking society once it gets used to it.

Monday, March 25, 2019

Leones Spaghetti :: essays research papers fc

Leones SpaghettiThe spaghetti western, Sergio Leones conscious departure from what had come to be known as the classic western saying, became a modification of the conventions of the traditional genre. In the learn For A Few Dollars More (Per qualque dollaro in pi, 1965), Leones formula is developed through a reformed narrative structure, slight changes in the traditional char moulders, his unique style, and the simple use of language, which revolutionized the western.The American classic western formula, according to Peter Bondanella in his essay A Fistful of alimentary paste Sergio Leone and the Spaghetti Western, employed a combination of narrative possibilities generated by three profound roles the townspeople (agents of refinement) savages or outlaws, who threaten the outgrowth group and heroes, men who get by certain characteristics of the second group, that who act ultimately on behalf of the representatives of civilization (Bondanella, 255). Leones modification of th e traditional narrative structure removed the townspeople, and in doing so eliminated civilization. He kept the outlaws, headed by an evil man with near sort of psychological scarring. Instead of one hero, there are two, who act not on behalf of society and order but their own individualized gain. For A Few Dollars More revolves around these three main characters.The first character introduced by Leone to the audience is Colonel Douglas Mortimer (Lee Van Cleef), a retired soldier and unselfishness hunter motivated not only by profit but also the thirst for revenge (Bondanella, 257) of his sisters rape and death. He is a professional, who stalks his target from a distance with an assortment of rifles rolled up in his saddlebags but to contrast with this cold delusion, Mortimer dresses in his black preacher mans costume and is a habitual reader of the Bible. He represents the older, wiser generation, which is articled to be extinct. Next, Leone introduces Mortimers contender and opposite, Manco (Clint Eastwood), a young stranger with his cigars and poncho, who blends with his surroundings. He is a bounty hunter who kills purely for profit and approaches his victims directly. Finally, the audience is introduced to a doped-up Mexican killer, Indio (Gian Maria Volont), whose degenerate pleasure in violence is linked to the moment, years before, when the death of Mortimers sister traumatized him sexually, and is constantly reminded of the incident by the chiming of the musical watch he carries, which matches Mortimers. (Bondanella, 257)Mortimer and Manco, at first in competition with each other, join forces against Indio and his gang of criminals in order for each to strike their goal through a partnership.

Making Iowa State University a Better Place for International Students :: Education Learning Foreign Students Essays

Making Iowa State University a Better Place for worldwide StudentsEnglish is a second phrase for most people remote of the United States of America. In Hong Kong for example, the Chinese sound to learn English in kindergarten. Chinese children learn the spelling and the grammar of the English language only when of feast one must live in the culture to be amply educated of the language. There are many slang terminology and late vocabulary that are not taught in the schools however. Winnie Yue, a freshman at Iowa State University, found this out fairly quickly after pass to her premier class. She has taken all of her courses at Iowa State University before in Hong Kong, but the language barrier is providing her with many difficulties. She mentions how the professors use these unfamiliar words not realizing that non-Americans may not know what they mean. These days you go forth suck in Winnie carrying a dictionary to every one of her classes. Miss Yue feels that if she had other Chinese students that could attend her with her understanding of these words she would have an easier time with her courses and her homework. She feels Iowa State University should help her with her problem. I propose that Iowa State University should establish a team of workers who will supply international students with names of other international students of the same culture, a set time to socialize, and a set place to gather. This new architectural plan will help them with their homesickness as well as helping them with the language barrier and also the culture change. Iowa State already has an organization accomplished that is a voluntary computer program, which matches international students with Americans. This program is called the Conversational English Program, but it needs to be improved drastically. In this program, American volunteers are vatic to have conversations about the American culture and life in general. It is sibylline to help international studen ts with the culture change and their English speaking skills. The program however is not widely used. The problem may be referable to the fact that a student must find this organization on their own. Iowa States new program would eliminate this situation by having the student already set up with the other international student before their first classes start. The Conversational English Program is, in my opinion, a good start to what should be a widely used establishment.

Sunday, March 24, 2019

Essay --

Drew Foster Foster 1Mrs. Bueno Honors English 14 December 2013 Darrin M. Mcmahon the author of the article, In Pursuit of Unhappiness, was born in 1963. Darrin broke out of the order of saying Happy New grade and realized they argon completely expected words that are verbalize without any meaning behind them. Even around the holidays where people are expected to be happy, they envisage the words Happy New course of instruction are just words that are supposed to be said. If you think about the words Happy New Year, year does not only mean one day, so the words are meant to longing a whole year of happiness. But instead, people just backup man their happiness only for the holidays. John Stuart Mill, Carlyles long-time rival who are both philosophers makes a valid statement about those who have their focus set on both(prenominal)thing other than h appiness are only happy. For example, setting your goal on being happy is risking being happy, because when you dont achieve it you lose even to a greater extent happiness. Thomas Carlyle and John Stuart Mill both have similar concepts on happiness. Carlyle, who is a Scottish Philosopher, notices the wrong idea of religion before seventeenth century. Many disregarded the ideas of religion that put misery into their lives, but some people recognized Gods care very satisfying. Earthly satisfaction, McMahon states, was an attempt to land heavenly felicity down to the earth. This religious change was to replace the olfactory sensation of misery with happiness. John Stuart Mill, who is an English philosopher, explains another way of achieving happiness ground off of his personal experience. After suffering from a d... ...for such books is a strong indication that they arent working. Setting your goal and being unyielding or even being desperate to find happiness is unplayful and is risking your happiness. If and when you do not achieve happiness, you lose all of it and even require unhappy. Focus your mind on something other than your own happiness and you lead achieve true happiness. Darrin M. McMahon says to ...Have dinner with your family or walk in the ballpark with friends...put in some good hours t the office or at your favorite charity, temple or church. Work on your jump cleft or your childs model trains. With luck, youll find happiness by the by. So instead of saying Happy New Year, Darrin M. McMahon says hold outt have a happy new year, because Those only are happy who have their minds fixed on some inclination other than their own happiness says John Stuart Mill.

The Evils Of To Kill A Mockingbird :: essays research papers

Has poisonous always been around, or did man create it? One could touch evil all the way back to Adam and Eve however, evil came to them, but it was non in them. When did evil become part of a person? No one knows, but evil has been around for a long time and unfortunately is denounceed by everyone. In umteen great classics in literature evil is at the heart or the theme of the novel, including Harper Lees novel To Kill a Mockingbird. This classic book demonstrates the growing up of two children in the southern and illustrates the theme of evil by showing how they discover, how they deal, and how they reconcile themselves to the evils they experience.      First, the tribulation of tom Robinson is an eye-opening experience for Jem and Scout there they discover hatred, child abuse, and lying. Seeing arrant(a) hate is new and strange for Jem and Scout. They know that prejudice does exist, but perceive to and watching wharf Ewell during the trial is astou nding to them because Bob Ewell abhors all blacks, oddly Tom Robinson. Bobs daughter, Mayella, makes an advance on Tom, which is absolutely untellable and shameful at that time. In addition, Bob Ewells hate grows (especially for Atticus) because later the trial his reputation and respect is ruined, even though he does not have a high degree of integrity to begin with. Also, by the Jones 2verdict of the trial, Jem and Scout see the hate in jurors for blacks, for it is clear that Tom Robinson is innocent. Another new and disturbing element that Jem and Scout discover is child abuse. Having never been hit by Atticus, the children know nothing of physical, mental, emotional, or sexual abuse. However, Mayella Ewell knows too well of these abuses and is a victim of them from her own father. Bob Ewell shows he has no consideration for her by his actions or words, and this is clearly displayed during the trial when he is being asked on the stand, "Are you the father of Mayella Ewell ?" (172) His crude result is, "Well, if I aint I cant do nothing about it now"(172). This shows he has no class or respect, while on the other hand, Jem and Scout are used to visual perception the example of their tactful father. Also, during the trial it becomes lucid that Bob Ewell beat Mayella up and not Tom Robinson.